N.Y. Town Law § 190-c: Preparation of maps and plans

§ 190-c. Preparation of maps and plans. 1. Upon a petition signed,

and acknowledged or proved in the same manner as a deed to be recorded,

or authenticated in the manner provided by the election law for the

authentication of nominating petitions, by at least twenty-five owners

of taxable real property situated within each water district or water

supply district proposed to be included in a water storage and

distribution district or by five per centum of the owners of taxable

real property situated within each such district, whichever shall be

less, or, in the case of a water district governed by a separate board

of commissioners, by a majority of such board, the town board shall, or

on its own motion, after a public hearing, may, make a study of the

proposal and for such purpose it may assemble data relating to the water

resources available to the town and the possibility of developing such

resources, may conduct investigations, make inquiries and conduct public

meetings upon such notice as it shall deem proper for the purpose of

examining into the matter, and, if such preliminary study shall, in its

opinion, warrant further action, may cause maps and plans to be

prepared. Such maps and plans shall show (1) the identity and boundaries

of the water districts which the town board in its judgment considers

will be benefited by the establishment or extension of a water storage

and distribution district, (2) a written description, as in a deed of

conveyance, of the boundaries of the proposed water storage and

distribution district or extension, (3) the source of water supply and a

description of the lands, streams, water and water rights and

facilities, if any, to be acquired therefore, the mode of constructing

the proposed water works and the location thereof, including reservoirs,

water purification or treatment works, standpipes, wells, pumping

stations, aqueducts and mains, (4) estimates of the cost of construction

or acquisition of the facilities as shown on the maps and plans, and (5)

the method of financing the same including estimates of revenue to be

derived annually from the sale of water to water and water supply

districts within the water storage and distribution district and revenue

to be derived from the sale of water to a village or from any other

source; estimates of the cost of acquisition and construction of water

storage and distribution facilities, of maintenance and operation and of

debt service.

2. The notice of public hearing to be held as aforesaid shall recite

in general terms the purpose thereof, describe the boundaries of the

proposed district or extension and specify the time when and place where

the town board will meet to consider the proposition and to hear all

persons interested in the subject thereof concerning the same. Such

notice shall be published and posted as prescribed in section one

hundred ninety-three of this chapter.

3. After such maps and plans shall have been prepared, the town board

shall, by resolution, designate the place where and time when a public

hearing will be held to consider the establishment or extension of a

town water storage and distribution district. The town board shall cause

a notice of such hearing to be published and posted in the manner

prescribed in section one hundred ninety-three. The notice shall comply

with the requirements of section one hundred ninety-three as to content,

except that no recitation of the filing of a petition shall be made.

4. Establishment or extension of the district. After the public

hearing, the town board shall proceed in the manner prescribed by

sections one hundred ninety-four, one hundred ninety-five and one

hundred ninety-seven of this chapter and all of the provisions of said

sections shall apply to the establishment or extension of water storage

and distribution districts except that the town board shall not

determine whether the petition is signed, and acknowledged or proved, or

authenticated, as required by law and is otherwise sufficient and

provided further that a resolution approving the establishment or

extension of the district shall be subject to permissive referendum in

the manner provided in article seven of this chapter, except as

hereinafter provided. The time within which a petition requesting that

the matter be submitted to the qualified electors of the districts

affected shall be sixty days after the adoption of the resolution and

the proposition submitted must be approved by the affirmative vote of a

majority of the qualified electors of each district voting thereon. A

petition requesting a referendum shall be sufficient if signed, and

acknowledged or proved, or authenticated, as to each district, by

twenty-five owners of taxable real property situated therein, by owners

of taxable real property situated in any of the districts equal to the

product obtained by multiplying the number of districts by fifty or by

fifty per centum of all of the owners of taxable real property situated

in one district. The town clerk shall cause to be prepared and have

available for distribution proper forms for the petition and shall

distribute a supply to any person requesting the same.