N.Y. County Law § 253-b: Amendment or modification of plans

§ 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

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 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.