N.Y. Environmental Conservation Law § 15-1903: General provisions and definitions

§ 15-1903. General provisions and definitions.

The following words and phrases used in this title 19, when not

otherwise specified, are defined or indicate procedure, as follows:

1. Filing. Wherever it is required that copies of maps and documents

be filed, certified copies thereof shall be filed in the offices of the

clerks of each county, town, city or incorporated village, any part of

which is included in the district or proposed district.

2. Recorded. Whenever it is required that any document be recorded,

the department shall send a certified copy thereof to the clerk of each

county, any part of which is included in the district or proposed

district, and it shall be the duty of such clerk thereupon to record

such document and to collect the legal fees therefor.

3. Costs. Whenever it is practicable so to do, the department shall

include in the cost of any surveys, maps, estimates, determinations of

enhancements, apportionments of cost or assessments made, or

construction, maintenance or repair work carried out, the cost of all

proceedings, hearings, notifications, filings, recordings, engineering,

legal and other services and expenses which may lawfully be incurred,

including the cost of acquisition of lands and rights of way, suits and

prosecutions.

4. Notice. Unless otherwise specified, notice of a hearing,

contemplated act or of an act performed shall be given as provided in

section 15-0903.

5. Assessment. As used in title 19 of this article the term assessment

shall mean the whole or any appropriate part of the procedure by which

the cost of any proceeding or construction project is made a legal

charge on certain properties. It may include the determination of

enhancements and apportionment of construction and other costs. It

includes similar proceedings once specified in earlier forms of title 19

of this article, or in former or other general and special laws with

regard to drainage.

6. Initiation of proceedings. It is the intent of title 19 of this

article that petition may be made to the department to make any survey

or investigation or do any work that may fall under the purposes of

title 19 of this article notwithstanding the special provisions hereof

and that, if it is advisable or advantageous so to do, more than one

procedure may be carried on at the same time or may be followed out with

respect to a part rather than the whole of the district. Should such

petition not fully conform as to subject matter with the following

sections, the department is empowered nevertheless to give the relief

desired by following the specified procedure as nearly as may be and to

assess the cost of such investigations or work on the properties

surveyed, investigated, appraised, included in an apportionment or

improved in such manner as may be found most equitable and to conform

most nearly with the specific provisions of title 19 of this article.

Any procedure under this title 19 which may be initiated by petition may

also be initiated by the department on its own motion. In such case the

department shall adopt an initiating resolution which shall have the

same force and effect as a petition.

7. Served by. A parcel of land is served by any ditch or structure

useful for the drainage thereof. Thus any ditch which actually drains

the parcel or which intercepts and carries away water which otherwise

would reach the parcel, or any ditches which carry water collected by

such drainage or intercepting ditches serve such parcel.