N.Y. Environmental Conservation Law § 15-1925: General apportionment of cost

§ 15-1925. General apportionment of cost.

1. A general apportionment of the cost of the complete system of

drainage shall be made as herein described. The total cost determined

under the provisions of section 15-1923 shall be equitably apportioned

on the various parcels of land in the district and on such public

corporations as the department may find to be justly chargeable with a

part of such cost in addition to what might be apportioned to them as

owners of property in the district. Such charge on a public corporation

shall be expressed as a percentage of the whole cost and only the

remaining percentage of the cost shall be apportioned on the individual

properties.

2. The general theory of such apportionment shall be that any parcel

using or served by any ditch or part of a ditch shall share in the cost

of that ditch or part and that share shall be in proportion to the

drainage enhancement of that parcel already determined as set forth in

section 15-1919 as compared with the sum of such drainage enhancements

of all the parcels using or served by the same ditch or part of a ditch,

but such strict rule may be modified should it lead to inequitable

results.

3. The department may divide the whole drainage system into individual

ditches and appropriate parts of ditches, estimate for each ditch or

part the total cost thereof, determine the boundaries of the lands which

would use or be served by that ditch or part, subdivide the previously

determined drainage enhancement of each parcel which may be subdivided

by such boundaries and apportion the total cost of each ditch or part of

a ditch accordingly. Finally all amounts apportioned to any one parcel

shall be added together and compared with the drainage enhancement of

that parcel. Should the total cost apportioned to any parcel exceed the

drainage enhancement of that parcel, the design of the drainage system

or the boundaries of the district shall be changed in such manner that

for no parcel shall the costs exceed the enhancements. The department

may make a similar apportionment of the cost determined under the

provisions of section 15-1923 for such drainage works heretofore done

which in its opinion are useful and may be incorporated into the

complete system of drainage.