N.Y.
Town Law Section 190-C
Preparation of maps and plans
1.
Upon a petition signed, and acknowledged or proved in the same manner as a deed to be recorded, or authenticated in the manner provided by the election law for the authentication of nominating petitions, by at least twenty-five owners of taxable real property situated within each water district or water supply district proposed to be included in a water storage and distribution district or by five per centum of the owners of taxable real property situated within each such district, whichever shall be less, or, in the case of a water district governed by a separate board of commissioners, by a majority of such board, the town board shall, or on its own motion, after a public hearing, may, make a study of the proposal and for such purpose it may assemble data relating to the water resources available to the town and the possibility of developing such resources, may conduct investigations, make inquiries and conduct public meetings upon such notice as it shall deem proper for the purpose of examining into the matter, and, if such preliminary study shall, in its opinion, warrant further action, may cause maps and plans to be prepared. Such maps and plans shall show (1) the identity and boundaries of the water districts which the town board in its judgment considers will be benefited by the establishment or extension of a water storage and distribution district, (2) a written description, as in a deed of conveyance, of the boundaries of the proposed water storage and distribution district or extension, (3) the source of water supply and a description of the lands, streams, water and water rights and facilities, if any, to be acquired therefore, the mode of constructing the proposed water works and the location thereof, including reservoirs, water purification or treatment works, standpipes, wells, pumping stations, aqueducts and mains, (4) estimates of the cost of construction or acquisition of the facilities as shown on the maps and plans, and(5)
the method of financing the same including estimates of revenue to be derived annually from the sale of water to water and water supply districts within the water storage and distribution district and revenue to be derived from the sale of water to a village or from any other source; estimates of the cost of acquisition and construction of water storage and distribution facilities, of maintenance and operation and of debt service.2.
The notice of public hearing to be held as aforesaid shall recite in general terms the purpose thereof, describe the boundaries of the proposed district or extension and specify the time when and place where the town board will meet to consider the proposition and to hear all persons interested in the subject thereof concerning the same. Such notice shall be published and posted as prescribed in § 193 (Notice of hearing on petition)section one hundred ninety-three of this chapter.3.
After such maps and plans shall have been prepared, the town board shall, by resolution, designate the place where and time when a public hearing will be held to consider the establishment or extension of a town water storage and distribution district. The town board shall cause a notice of such hearing to be published and posted in the manner prescribed in section one hundred ninety-three. The notice shall comply with the requirements of section one hundred ninety-three as to content, except that no recitation of the filing of a petition shall be made.4.
Establishment or extension of the district. After the public hearing, the town board shall proceed in the manner prescribed by sections one hundred ninety-four, one hundred ninety-five and one hundred ninety-seven of this chapter and all of the provisions of said sections shall apply to the establishment or extension of water storage and distribution districts except that the town board shall not determine whether the petition is signed, and acknowledged or proved, or authenticated, as required by law and is otherwise sufficient and provided further that a resolution approving the establishment or extension of the district shall be subject to permissive referendum in the manner provided in article 7 (Permissive Referendum)article seven of this chapter, except as hereinafter provided. The time within which a petition requesting that the matter be submitted to the qualified electors of the districts affected shall be sixty days after the adoption of the resolution and the proposition submitted must be approved by the affirmative vote of a majority of the qualified electors of each district voting thereon. A petition requesting a referendum shall be sufficient if signed, and acknowledged or proved, or authenticated, as to each district, by twenty-five owners of taxable real property situated therein, by owners of taxable real property situated in any of the districts equal to the product obtained by multiplying the number of districts by fifty or by fifty per centum of all of the owners of taxable real property situated in one district. The town clerk shall cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting the same.
Source:
Section 190-C — Preparation of maps and plans, https://www.nysenate.gov/legislation/laws/TWN/190-C (updated Sep. 22, 2014; accessed Oct. 26, 2024).
