N.Y. Environmental Conservation Law § 15-1943: Minor repairs in drainage districts

§ 15-1943. Minor repairs in drainage districts.

1. Application for the repair, enlargement or cleaning out of any

ditch originally constructed or repaired by assessment under the

provisions of title 19 of this article, or any former general or special

drainage laws, if within a drainage improvement district and if the

total cost thereof shall not exceed two per cent of the total of the

drainage enhancements of all parcels served by such ditch, may be made

by any three or more persons liable to be assessed therefor. Such

application shall be made by written petition, verified by at least one

of the signers thereof, setting forth the work desired, the estimated

cost thereof and the need therefor.

2. On receipt of such petition the department shall cause an

examination to be made of such ditch or ditches, an estimate of the cost

of such repairs and improvements and a special apportionment of the cost

thereof to be prepared, and shall file a statement of these matters.

Thereafter, after due notice, the department shall hear all interested

parties with regard thereto. The filing of written objections shall not

be required. If after the hearing the department shall determine that

the work can be done under this section, is necessary and is desired by

the owners of the lands involved, it may proceed to make such repairs or

enlargements. The cost of such repairs and expenses of the hearing and

examination generally shall be apportioned upon the properties served by

the work in accordance with the general or a previous special

apportionment of the cost of such ditch or part of a ditch.

3. If the department shall find that changes should be made in the

apportionment, or, for any other reason, that the work should not be

done under the provisions of this section, it may so specify in its

order, giving its reasons therefor, and return the case to the

applicants for further petition. Money to pay for such work shall be

raised pursuant to the Local Finance Law and as elsewhere herein

provided. The whole cost of such work shall be collected within not to

exceed three years from the date of completion of the project as may be

determined by the department.