Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 270
Assessment of the cost
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 270. Assessment of the cost. 1. The expense of the establishment of
a district, except a water quality treatment district, and of providing
improvements therein, including the improvements described in section
two hundred sixty-eight, shall be assessed, levied and collected from
the several lots and parcels of land within the district in the same
manner and at the same time as county charges, except that before any
special assessment is levied pursuant to this section, the board of
supervisors shall increase or diminish the aggregate valuations of real
estate in that portion of any tax district included within the county
district by following the equalization rule set forth in article eight
of the real property tax law. The annual expense of operation and
maintenance shall be assessed, levied and collected in the same manner
and at the same time as the expense of the improvement is assessed,
levied and collected.

2. The board of supervisors may adopt a resolution authorizing the
application of the agricultural assessment established pursuant to
article twenty-five-AA of the agriculture and markets law to the special
assessment or special ad valorem levy made on behalf of a water, sewer,
or sanitation district on land located within the water, sewer, or
sanitation district and benefitting from such agricultural assessment. A
copy of this resolution shall be delivered to the assessor or assessors
of each town and shall be effective on the assessment roll prepared on
the basis of the next taxable status date following its adoption. A
resolution repealing this authorization shall similarly be delivered to
the assessor or assessors of the town and shall be effective on the
assessment roll prepared on the basis of the next taxable status date
following its adoption.

3. Notwithstanding any other provisions of this chapter if zones of
assessment have been initially established, and an initial allocation of
the total estimated cost of the facilities has been made to such zones
of assessment, the amount of the cost of the facilities so allocated to
any such zone of assessment shall be annually assessed, levied and
collected from the several lots and parcels of land within said zone of
assessment within the district in the same manner and at the same time
as other county charges, except that before any special assessment is
levied pursuant to this section, the board of supervisors shall increase
or diminish the aggregate valuations of real estate in that portion of
any such zone of assessment included within the county district by
following the equalization rule set forth in article eight of the real
property tax law. The annual expense of operation and maintenance shall
annually be allocated by the board of supervisors as between the zones
of assessment of the district and shall be assessed, levied and
collected from the several lots and parcels of land within each zone of
assessment chargeable therewith, in the same manner and at the same time
as county charges.

4. The board of supervisors, after holding a public hearing upon
notice published in the same manner as provided in section two hundred
fifty-four of this chapter, from time to time, by resolution may change
either (1) the allocation of the cost of such facilities as between such
zones of assessment or (2) the boundaries of such zones of assessment.
After adoption of such resolution, application shall be made to the
department of audit and control in the manner provided in section two
hundred and fifty-eight of this chapter for a determination as to
whether the proposed changes will result in an undue burden upon the
property of any zone of assessment. The state comptroller shall make an
order in duplicate granting or denying permission for the proposed
changes and thereafter, proceedings shall be taken in the same manner
provided in section two hundred fifty-eight of this chapter.

5. Nothing in this section contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of
expenditures made pursuant to this article.