N.Y. County Law Section 253-B
Amendment or modification of plans

When the board of supervisors or county legislature shall have established a district pursuant to this article and adopted a plan of a service or improvement for such district, such plan shall not be modified by the board of supervisors or any officer of the county nor by the administrative head or body of such district except as provided in this section. The administrative head or body shall submit a report in writing to the board of supervisors specifying the particulars in which it is proposed to modify such plan. Upon receipt of such report the board of supervisors shall adopt a resolution calling a public hearing thereon. Notice of such public hearing shall be given in the manner provided by County Law § 254 (Public hearing)section two hundred fifty-four of the county law. Such notice shall specify in terms sufficient for identification the particulars in which it is proposed to modify the plan of the service or improvement, and the time and place when the board of supervisors will meet to hear and consider any objections which may be made thereto, which time and place shall be not less than ten nor more than twenty days after the first publication of such notice. When any change shall be made in the plan proposed and once adopted, a revised or additional map and profile shall be made showing the change, and all such maps and profiles shall be carefully preserved in the office of the county clerk, or if the county district shall have an office, in the office of such county district, and shall be open to inspection by all persons interested. However, in the case of water quality treatment districts, amendments or modifications of plans must have the written approval of the department of health prior to adoption. At the request of an owner of a parcel of property within the county, if the private well water on such property is contaminated, a water quality treatment district plan may be amended, from time to time, to include said parcel of property. If an owner of a parcel of property within the county requests exclusion from the district, such request shall be granted without the state department of health approval and without the procedure set forth in § 256 (Establishment of a county district)section two hundred fifty-six of this article. The removal of a parcel of property from a district shall in no way affect the owner’s liability for charges which have accrued against the owner’s property, prior to said exclusion, for the procurement, installation, modification, replacement and removal of a water quality treatment unit or device or for expenses of operation and maintenance including monitoring, testing, regenerating and treating. Should a public or private water system, supplier or authority commence supplying water to any parcel of property within a water quality treatment district, such parcel of property shall no longer be considered part of the water quality treatment district, and all services to such parcels shall be terminated. Termination of services shall include, the removal of all water quality treatment units or devices and a charge for the cost of doing so to the benefited property, except when such unit or device was acquired and owned by the property owner or when the district determines that such unit or device is obsolete and no longer useful for any district purpose.

Source: Section 253-B — Amendment or modification of plans, https://www.­nysenate.­gov/legislation/laws/CNT/253-B (updated Sep. 22, 2014; accessed Oct. 26, 2024).

250
Purpose 251
County agency 252
Powers of county agency 253
Preparation of maps and plans 253‑A
Provision for excess sewer, drainage or water facilities 253‑B
Amendment or modification of plans 254
Public hearing 255
Representation by municipalities and district 256
Establishment of a county district 256‑A
Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore 256‑B
Suffolk county wastewater management district 257
Permissive referendum 258
Application to the department of audit and control 259
Recording and filing of determination 260
Review 261
Administration of the county district 262
Performance of the work 263
Powers 263‑A
Powers with respect to lake protection and rehabilitation 264
Rules and regulations 265
Contracts 266
Water rates, water quality treatment, sewage, wastewater disposal and refuse collection charges and revenues 267
Expense of the improvement 268
Increase and improvement of facilities 269
Increase of maximum amount to be expended 270
Assessment of the cost 271
Alternative method of assessment 272
Taxation of district property 273
Contracts with public authorities for county water districts 274
Extension of the district 274‑A
Consolidation of county districts by board of supervisors 274‑B
Consolidation of the district and its extensions 275
Sale of water district facilities 276
Jurisdiction of other state agencies 277
Establishment of certain county sewer districts in Suffolk county 278
Definitions 279
Operation of certain collection and disposal facilities in Suffolk county 279‑A
Acquisition of real property for future districts in Suffolk county 279‑B
Agreements of county district 279‑C
Certain agreements of a county sewer district in Orange county 279‑D
Water districts in the county of Westchester
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 253-B’s source at nysenate​.gov

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