N.Y. County Law § 256: Establishment of a county district

§ 256. Establishment of a county district. Upon the evidence presented

at the public hearing, and after due consideration of the maps and

plans, reports, recommendations and other data filed with it, the board

of supervisors shall determine, by resolution, whether or not the

proposed facilities are satisfactory and sufficient and, if it shall

determine such question in the negative, it shall remand the proceedings

to the agency for further study. The agency shall make such further

study and amend and revise the maps and plans (including the zones of

assessment and allocation of costs if the maps and plans provide

therefor) in conformance with its findings, and shall make a further

report to the board of supervisors in the same manner as hereinbefore

provided. If the revised maps and plans call for an increase in the

estimated maximum expenditure for the project, alter the boundaries of

the proposed district, or if the maps and plans provide for zones of

assessment and allocation of the cost of the facilities, alter the

boundaries of the proposed zones of assessment or change the allocation

or the costs of the facilities as between the zones of assessment, the

board of supervisors shall call a further public hearing thereon in the

manner provided in section two hundred fifty-four. When the board of

supervisors shall find that the proposed facilities are adequate and

appropriate, it shall further determine by resolution, (1) whether all

the property and property owners within the proposed district are

benefited thereby, (2) whether all of the property and property owners

benefited are included within the limits of the proposed district, (3)

whether it is in the public interest to establish the district and (4)

if said maps and plans and report recommended the establishment of zones

of assessment and the allocation of the costs of the facilities as

between such zones of assessment, whether such zones of assessment and

the allocation of the costs of the facilities thereto represent as

nearly as may be the proportionate amount of benefit which the several

lots and parcels of land situate in such zones will derive therefrom.

If the board of supervisors shall determine that it is in the public

interest to establish the district, but shall find that (1) any part or

portion of the property or property owners within the proposed district

are not benefited thereby or (2) that certain property owners benefited

thereby have not been included therein, or (3), if zones of assessment

are proposed to be established and the costs of facilities allocated

among said zones of assessment, that any part or portion of the property

or property owners within a proposed zone of assessment should be placed

in a different zone of assessment or that a different allocation of the

cost should be made as between the zones of assessment, the board shall

specify the necessary changes of the boundaries of the proposed district

or the necessary changes of the boundaries of any proposed zone of

assessment or the necessary changes as to the allocation of costs, as

the case may be, to be made in order that all of the property and

property owners and only such property owners as are benefited shall be

included within such proposed district, or in order that such zones of

assessment and the allocation of the costs of the facilities thereto

shall represent as nearly as may be the proportionate amount of benefit

which the several lots and parcels of land situate in such zones will

derive therefrom, and the board shall call a further hearing at a

definite place and time not less than fifteen nor more than twenty-five

days after such determination. Notice of such further hearing shall be

published in the manner provided in section two hundred fifty-four,

except that such notice shall also specify the manner in which it is

proposed to alter the boundaries of the proposed district, or the

boundaries of the zones of assessment or the allocation of the costs of

the facilities as between said zones of assessment, as the case may be.

If and when the board shall determine in the affirmative all of the

questions set forth above, the board may adopt a resolution approving

the establishment of the district, as the boundaries shall be finally

determined, and the construction of the improvement, and if zones of

assessment have been established and an allocation of the costs of the

facilities made as between such zones of assessment, further approving

the establishment of the initial zones of assessment and the initial

allocation of the costs of the facilities as between said zones of

assessment. Such resolution shall be subject to permissive referendum as

hereinafter provided, except in the case of a water quality treatment

district and except in the county of Suffolk. In the county of Suffolk,

if the owner or owners of all of the land within the proposed district

consent in writing to the formation of the proposed district and the

board of elections certify that on or after the date of the first

publication of the notice of public hearing hereinabove referred to,

there is no registered voter within the proposed district, then and in

that case the resolution adopted by the board approving the

establishment of a district shall not be subject to referendum,

permissive, or otherwise.