N.Y. County Law § 253-a: Provision for excess sewer, drainage or water facilities

§ 253-a. Provision for excess sewer, drainage or water facilities. 1.

The local legislative body, in causing maps and plans to be prepared or

in approving the establishment or extension of a sewer, wastewater

disposal, drainage or water district may provide by resolution that the

map and plan include sewer, wastewater disposal, drainage or water

facilities in excess of those required for the proposed district or

extension. Such resolution providing for or requiring excess facilities

shall include the estimated expense for such excess facilities and shall

be subject to permissive referendum. The necessity for and the extent of

the excess capacity shall be determined by the local legislative body

and it shall be reserved for utilization by future districts or

extensions in the county.

2. The expense of any excess sewer, wastewater disposal, drainage or

water facility authorized pursuant to this section shall be a county

charge and shall be assessed, levied and collected in the same manner

and at the same time as other county charges; provided, however, that

nothing herein contained shall be construed to prevent the financing in

whole or in part, pursuant to the local finance law, of any excess

sewer, wastewater disposal, drainage or water facilities authorized

pursuant to this section. Any such excess sewer, wastewater disposal,

drainage or water facilities shall be deemed to be a district or special

improvement authorized by article five-A of this chapter within the

meaning of paragraph b of section 35.00 of the local finance law.

3. In the event the petition shall contain a statement that the

improvement in the proposed district or extension shall be constructed

at the expense of a petitioning owner of taxable real property in the

proposed district or extension, the expense of all excess sewer,

wastewater disposal, drainage or water facilities shall be borne

originally as a county charge as provided in this section. If the

improvement is to be constructed by or on the behalf of the petitioning

owner, such owner shall be compensated by the county for the cost of the

excess sewer, wastewater disposal, drainage or water facilities. In

this event the provisions of section two hundred sixty-two of this

chapter relating to competitive bidding shall not apply. If the

improvement is to be constructed by the county or by the accepted

competitive bidder, the county and not the petitioning owner shall be

liable for the cost of the excess facilities.

4. The cost of the excess sewer, wastewater disposal, drainage or

water facilities shall be determined by the local legislative body. In

addition to the information required by section two hundred fifty-three

of this chapter, the maps and plans shall include an estimate of the

cost of the excess facilities. If the improvement is to be constructed

by or on behalf of the petitioning owner, an agreement shall be entered

into between the local legislative body and such owner which shall state

the total cost of the improvement and of the excess facilities or the

method by which such cost shall be determined and the date of payment

for such excess facilities. If the improvement is to be constructed by

the county or by the accepted competitive bidder, the local legislative

body, in determining the cost of the excess facilities, shall consider

the estimate of the cost of excess facilities set forth in the maps and

plans, the percentage increase in the capacity of the facilities, the

maximum amount stated in the petition as the cost of the required

facilities and the reduction, if any, in the per unit cost. In no event

shall the expense of the excess sewer, wastewater disposal, drainage or

water facilities as determined or agreed to by the local legislative

body be less than the difference between the total cost of the

improvement as set forth in or determined pursuant to the agreement or

the accepted bid and the maximum amount stated in the petition.

5. The local legislative body may authorize the use of any excess

facilities acquired pursuant to this section by any district, districts

or extensions thereof, thereafter established in such county, provided

the expense of such acquisition or the proportionate share of the

expense as shall be allocated to a district or extension thereof by the

local legislative body, together with the expense of the construction of

the original improvement for such district or extension, shall not

exceed the maximum amount authorized to be expended in such district or

extension. Whenever the local legislative body shall authorize the use

of any excess facilities acquired pursuant to this section by any

district, districts or extension thereof, the same shall be deemed to be

a part of the improvement authorized by such district or extension

thereof and the entire cost of such acquisition and the maintenance

thereof as apportioned to such district or extension, shall be deemed to

be a part of such improvement and shall be assessed, levied and

collected in the same manner as other charges against such district or

extension.