Section 253. Preparation of maps and plans  


Latest version.
  • 1. A petition may be presented
      to the board of supervisors requesting that a certain area or  areas  of
      the  county  be established as a county district. Such petition shall be
      executed and acknowledged on behalf of a municipality or  district,  any
      part  of  which  is  included  within  such  area or areas, by the chief
      executive officer of such municipality, or of such district furnishing a
      similar service as the district to be established hereunder. In lieu  of
      execution  of  the  petition  by  the  chief  executive  officer of such
      municipality or district, the petition may be executed and  acknowledged
      by  at  least  twenty-five  owners  of  taxable  real property of record
      situated within such municipality or district, or in Suffolk county,  if
      all  of  the  taxable  real  property  of  record  situate  within  such
      municipality which is to be included within a certain area or  areas  of
      the  county  to  be  established as a county district is owned by one or
      more but less than twenty-five owners, then the petition may be executed
      and acknowledged by one or more of said owners within the area or  areas
      to  be  established  as a county district.   Upon presentation of such a
      petition or on its own motion, the board of supervisors may  direct  the
      agency to cause maps and plans to be prepared for a project as requested
      in  the  petition or for the establishment of a certain area or areas of
      the county  as  a  county  district,  provided,  however,  that  if  the
      petitioning   municipality,  district  or  owners  of  taxable  property
      undertake to furnish or pay the cost of such maps and plans  at  its  or
      their cost and expense, the board of supervisors shall direct the agency
      to  accept  or  prepare the same. In the case of a petition to create or
      extend a water quality treatment district, the petition may be  executed
      and  acknowledged  by one or more of the owners of taxable real property
      of record situated within such municipality whose private well water  is
      contaminated.  At  the  time  the petition is executed and acknowledged,
      notice and copy of  such  petition  shall  be  submitted  to  the  state
      department  of health.  Such maps or plans shall show (1) the boundaries
      of the area or areas which the agency in its judgment considers will  be
      benefited  by  the  particular project, (2) a description of the area or
      areas sufficient to permit definite and conclusive identification of all
      parcels of property included therein, (3) the proposed location  of  all
      facilities such as (a) reservoirs, stand pipes, wells, pumping stations,
      water purification or treatment works, mains and hydrants, the source of
      water supply, a description of the lands, streams, water or water rights
      to  be  acquired  and the mode of constructing the proposed water works,
      (b) benefited parcels of properties with water quality  treatment  units
      or devices installed prior to the formation of the district and/or those
      properties  requiring  installation  of water quality treatment units or
      devices and the mode and frequency of testing, monitoring, modifying  if
      required,  operation and maintenance, regenerating of such water quality
      treatment units or devices and the administering of  the  treatment  and
      disposal  of  residuals and any other requirements pursuant to rules and
      regulations adopted by the  public  health  council  under  section  two
      hundred  twenty-five  of  the  public  health  law.  Any  water  quality
      treatment unit or device which has been installed prior to the formation
      of the district must be  approved  pursuant  to  rules  and  regulations
      adopted   by  the  public  health  council  under  section  two  hundred
      twenty-five of the public health law, prior to acceptance of  such  unit
      or  device  and  its  benefited property within the district, (c) trunk,
      interceptor and outfall sewers, pumping stations, sewage  treatment  and
      disposal  works, (d) properties requiring construction or replacement of
      private on-site wastewater disposal systems and the mode  and  frequency
      of   conveying,  treating  and  disposing  of  wastewater  and  residual
      wastewater, (e)  drains,  ditches,  channels,  pumping  stations,  dams,
    
      dikes,  bulkheads  and  retaining  walls,  or  (f)  refuse  disposal and
      incinerator plants and all necessary appliances appurtenant thereto, (4)
      estimates of the cost of construction, or procurement  and  installation
      of  the  facilities,  and/or  in  the  case  of  water quality treatment
      districts, estimates of the costs of monitoring, testing, modifying,  if
      required,  operation and maintenance, regenerating of such water quality
      treatment units or devices and the treatment and disposal of  residuals,
      as  shown on the maps and plans and the method of financing the same and
      (5) an evaluation of rehabilitation  needs  based  upon  water  quality,
      public  use  and  private development, special wildlife, scenic or other
      values,  sedimentation,  shoreland  zoning,   potential   for   adequate
      pollution  and erosion controls within the drainage basin, and potential
      for future successful management. Such  maps  and  plans  pertaining  to
      sewer  districts  shall  be  consistent  with,  so  far as possible, any
      comprehensive plan for sewers developed pursuant to section  17-1901  of
      the  environmental  conservation  law. Such maps and plans pertaining to
      water districts shall be  consistent  with,  so  far  as  possible,  any
      comprehensive plan for public water supply systems developed pursuant to
      title thirteen of article fifteen of the environmental conservation law.
        2.  If  the  report  of  the  agency  required  by section two hundred
      fifty-four  of  this  chapter  shall  contain  recommendations  for  the
      establishment  of  two  or  more  zones  of  assessment  within a county
      district, such maps and plans shall show the boundaries of each of  such
      zones   and  the  estimated  initial  allocation  of  the  cost  of  the
      construction of the facilities recommended to be charged to each of such
      zones.
        3. Where acceptable maps, plans and related data have theretofore been
      prepared by or for one or more existing or proposed municipal special or
      improvement districts, the board of supervisors may, instead,  authorize
      the  agency  to adopt and utilize such maps, plans and data and, where a
      county district is thereafter  established  and  facilities  constructed
      thereby  on  the  basis of such maps, plans and data, the district shall
      reimburse the municipalities, districts or persons who have paid for all
      or part of the cost of such maps, plans and data in a reasonable  amount
      to  be  agreed  upon among them, which amount shall not exceed their net
      expenditures therefor, and shall not include any  portion  of  the  cost
      paid  from  federal  or  state aid and which amount, when paid, shall be
      deemed part of the cost of the construction of  the  facilities  by  the
      agency.