N.Y. Town Law Section 196
Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts


1.

When the town board shall have established a sewer, wastewater disposal, drainage, water or water quality treatment district and adopted a plan of sewerage, wastewater disposal, drainage, water or water quality treatment system for such district, such plan shall not be modified by the board, nor by any officer of the town, except after public notice given by publication in the official paper of intention to modify the same, which notice shall specify the particulars in which it is proposed to modify it, and a time and place when the board will consider any objections which may be made thereto, which time shall not be less than ten nor more than twenty days after the first publication of said 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 town clerk and open to inspection by all persons interested.

2.

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 town, 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 town requests exclusion from the district, such request shall be granted without the state department of health approval. 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 196 — Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts, https://www.­nysenate.­gov/legislation/laws/TWN/196 (updated Sep. 22, 2014; accessed May 4, 2024).

190
Establishment or extension of improvement districts
190‑A
Water storage and distribution districts
190‑B
Sewage disposal districts
190‑C
Preparation of maps and plans
190‑D
Procedure for establishment of a sewage disposal district
190‑E
Wastewater disposal districts
190‑F
Additional powers of sewer districts
190‑G
Water quality treatment districts
191
Petition
191‑A
Preparation of maps and plans for sewer, wastewater disposal, drainage and water districts before petition
192
Maps and plans for sewer, wastewater disposal, drainage and water districts
192‑A
Provision for excess sewer, drainage or water facilities
193
Notice of hearing on petition
194
Establishment or extension of districts
194‑A
Powers of town boards with respect to certain contracts
195
Recording of determination
196
Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts
197
Performance of the work
197‑A
Contracts by water districts or town water storage and distribution districts with water authorities
198
Powers of town boards with respect to improvement districts
198‑A
Special districts for disposal of duck waste in Suffolk county
199
Proceedings for lateral sewers, drains or water mains
200
Petition for street improvement and proceedings thereon
200‑A
Construction and repair of sidewalks pursuant to order of town board
201
Sewer and water connections
202
Expenses of improvement
202‑A
Expense of maintenance
202‑B
Increase or improvement of facilities
202‑C
Dissolution and diminishing area of certain districts
202‑D
Increase of maximum amount to be expended
202‑E
Acquisition and improvement of additional property in park districts
202‑F
Construction or installation of certain improvements in state highways and county roads
203
Existing districts preserved
204
Transition to benefit basis levy of assessments in existing lighting districts
207
Re-establishment of certain water supply districts as water districts
208
Joint administration and operation of special or improvement districts with town functions
208‑A
Acquisition of land for proposed district
208‑B
Dissolution of lighting or public parking districts

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 196’s source at nysenate​.gov

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