N.Y. Environmental Conservation Law § 15-1939: Special apportionment of cost

§ 15-1939. Special apportionment of cost.

1. The special apportionment of the cost of a construction project, be

it new construction, enlargement, repair or maintenance, must be based

on the benefits derived from the work. This will conform to that part of

the general apportionment applicable to the particular ditch or part of

a ditch under consideration unless the department shall determine

otherwise. It is the intent of title 19 of this article that in the

interest of justice and equity and best to meet the needs and desires of

the owners of the property affected, the department may exercise some

latitude in the application of the rules herein set forth and, without

excluding other departures therefrom, the following are required or

authorized:

a. If a parcel previously has been assessed for drainage improvements

which will continue to be useful for the drainage thereof due allowance

shall be made therefor. The apportionment of the cost of previous work,

already made, will be used for this purpose, but may be modified to give

due consideration to actual records of cost, if such can be discovered.

If the present owner of such parcel has contributed labor, materials, or

money to any such drainage work the department may make such allowances

therefor as it finds to be just and proper.

b. If any parcel is uncleared or otherwise not immediately fit for the

raising of crops, the department may make a reasonable adjustment based

on the minimum time required with all due diligence to fit such parcel

for such use.

2. Except by special request of the owner the capital cost of all past

and future work serving a parcel shall not exceed the total drainage

enhancement of that parcel.

3. Any ditch may on due petition therefor be excavated to less than

full size if certain groups of properties eventually to be served by it

do not desire at that time to share in the cost thereof. In that case it

shall be unlawful for such properties to be drained until the owners

thereof have had suitable enlargements of the outlet ditches made at

their expense. If the petition shall so ask, a ditch, in the cost of

which only a part of the properties eventually to be served asked to

participate, may be made to full dimensions and the cost apportioned on

the participating lands only, provided that the petition clearly so

states and is signed by at least two-thirds of the owners of the lands

to share in the cost representing at least two-thirds of the total

enhancements to such lands. In that case the lands not sharing in the

cost shall not be drained until the owners thereof have asked that their

share of the cost be apportioned to them and such apportionment has been

made as provided above and the department shall have made suitable

provision for reimbursement or credit to the persons at that time owning

the property which bore the cost of such improvement in the first

instance.

4. The costs of making such special apportionment of cost and

proceedings thereupon shall be included in the cost of the work, or

should the work be delayed or not carried out, they shall be assessed on

one assessment roll on the participating lands in accordance with the

apportionment made.