N.Y. Environmental Conservation Law § 15-1931: Procedure for authorization of construction

§ 15-1931. Procedure for authorization of construction.

1. Petition may at any time after the final fixation of boundaries of

a drainage improvement district be filed with the department asking that

all or a part of the proposed drainage system be constructed. If the

work desired is not shown on the plans filed or differs from that so

shown or if the cost of the work shall have changed, the department

shall on request of the association or of the executive committee

thereof make plans of such work, estimate the cost thereof and make

tentative determination of the lands on which the cost of such work

should be apportioned, making suitable subdivision of parcels and the

enhancements thereto, if necessary.

2. Such petition must be in writing, signed and acknowledged in the

manner of a deed to be recorded, by a majority of the owners of the

property to share in the cost of the work and representing at least half

of the total of the drainage enhancements of such property as shown by

the recorded statement of enhancements, with subdivision of parcels made

as above. The petition shall specify what part or parts of the work it

is desired shall be built and the estimated cost thereof as the

department may have determined.

3. On receipt of such petition the department shall prepare a

description of the proposed work and a special apportionment of the cost

thereof, shall file such statement and apportionment and, after due

notice, shall hold a hearing thereon. Thereafter the department shall

determine as to whether or not it is to the public interest to proceed

with the work. The department may approve or reject the application or

modify it and, if necessary, return it for further signatures or require

a new petition to be filed in lieu thereof.

4. If the application is approved the approving order shall fix the

boundaries of the land on which the cost is to be apportioned and the

apportionment of such cost in final form shall be attached thereto.

Certified copies of the order and apportionment in final form shall be

filed and notice of such filing given. Thereupon such order and

apportionment may be reviewed as provided by section 15-0905 and in due

course shall be recorded.