N.Y.
County Law Section 253
Preparation of maps and plans
1.
A petition may be presented to the board of supervisors requesting that a certain area or areas of the county be established as a county district. Such petition shall be executed and acknowledged on behalf of a municipality or district, any part of which is included within such area or areas, by the chief executive officer of such municipality, or of such district furnishing a similar service as the district to be established hereunder. In lieu of execution of the petition by the chief executive officer of such municipality or district, the petition may be executed and acknowledged by at least twenty-five owners of taxable real property of record situated within such municipality or district, or in Suffolk county, if all of the taxable real property of record situate within such municipality which is to be included within a certain area or areas of the county to be established as a county district is owned by one or more but less than twenty-five owners, then the petition may be executed and acknowledged by one or more of said owners within the area or areas to be established as a county district. Upon presentation of such a petition or on its own motion, the board of supervisors may direct the agency to cause maps and plans to be prepared for a project as requested in the petition or for the establishment of a certain area or areas of the county as a county district, provided, however, that if the petitioning municipality, district or owners of taxable property undertake to furnish or pay the cost of such maps and plans at its or their cost and expense, the board of supervisors shall direct the agency to accept or prepare the same. In the case of a petition to create or extend a water quality treatment district, the petition may be executed and acknowledged by one or more of the owners of taxable real property of record situated within such municipality whose private well water is contaminated. At the time the petition is executed and acknowledged, notice and copy of such petition shall be submitted to the state department of health. Such maps or plans shall show (1) the boundaries of the area or areas which the agency in its judgment considers will be benefited by the particular project, (2) a description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property included therein, (3) the proposed location of all facilities such as (a) reservoirs, stand pipes, wells, pumping stations, water purification or treatment works, mains and hydrants, the source of water supply, a description of the lands, streams, water or water rights to be acquired and the mode of constructing the proposed water works, (b) benefited parcels of properties with water quality treatment units or devices installed prior to the formation of the district and/or those properties requiring installation of water quality treatment units or devices and the mode and frequency of testing, monitoring, modifying if required, operation and maintenance, regenerating of such water quality treatment units or devices and the administering of the treatment and disposal of residuals and any other requirements pursuant to rules and regulations adopted by the public health and health planning council under Public Health Law § 225 (Public health and health planning council)section two hundred twenty-five of the public health law. Any water quality treatment unit or device which has been installed prior to the formation of the district must be approved pursuant to rules and regulations adopted by the public health and health planning council under Public Health Law § 225 (Public health and health planning council)section two hundred twenty-five of the public health law, prior to acceptance of such unit or device and its benefited property within the district, (c) trunk, interceptor and outfall sewers, pumping stations, sewage treatment and disposal works, (d) properties requiring construction or replacement of private on-site wastewater disposal systems and the mode and frequency of conveying, treating and disposing of wastewater and residual wastewater, (e) drains, ditches, channels, pumping stations, dams, dikes, bulkheads and retaining walls, or(f)
refuse disposal and incinerator plants and all necessary appliances appurtenant thereto, (4) estimates of the cost of construction, or procurement and installation of the facilities, and/or in the case of water quality treatment districts, estimates of the costs of monitoring, testing, modifying, if required, operation and maintenance, regenerating of such water quality treatment units or devices and the treatment and disposal of residuals, as shown on the maps and plans and the method of financing the same and (5) an evaluation of rehabilitation needs based upon water quality, public use and private development, special wildlife, scenic or other values, sedimentation, shoreland zoning, potential for adequate pollution and erosion controls within the drainage basin, and potential for future successful management. Such maps and plans pertaining to sewer districts shall be consistent with, so far as possible, any comprehensive plan for sewers developed pursuant to Environmental Conservation Law § 17-1901 (Comprehensive studies and reports: definitions)section 17-1901 of the environmental conservation law. Such maps and plans pertaining to water districts shall be consistent with, so far as possible, any comprehensive plan for public water supply systems developed pursuant to title thirteen of article fifteen of the environmental conservation law.2.
If the report of the agency required by § 254 (Public hearing)section two hundred fifty-four of this chapter shall contain recommendations for the establishment of two or more zones of assessment within a county district, such maps and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of the construction of the facilities recommended to be charged to each of such zones.3.
Where acceptable maps, plans and related data have theretofore been prepared by or for one or more existing or proposed municipal special or improvement districts, the board of supervisors may, instead, authorize the agency to adopt and utilize such maps, plans and data and, where a county district is thereafter established and facilities constructed thereby on the basis of such maps, plans and data, the district shall reimburse the municipalities, districts or persons who have paid for all or part of the cost of such maps, plans and data in a reasonable amount to be agreed upon among them, which amount shall not exceed their net expenditures therefor, and shall not include any portion of the cost paid from federal or state aid and which amount, when paid, shall be deemed part of the cost of the construction of the facilities by the agency.
Source:
Section 253 — Preparation of maps and plans, https://www.nysenate.gov/legislation/laws/CNT/253 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
