N.Y. County Law § 253: Preparation of maps and plans

§ 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 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 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 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 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.