Section 270. Assessment of the cost  


Latest version.
  • 1. The expense of the establishment of
      a district, except a water quality treatment district, and of  providing
      improvements  therein,  including  the improvements described in section
      two hundred sixty-eight, shall be assessed, levied  and  collected  from
      the  several  lots  and  parcels of land within the district in the same
      manner and at the same time as county charges, except  that  before  any
      special  assessment  is  levied  pursuant  to this section, the board of
      supervisors shall increase or diminish the aggregate valuations of  real
      estate  in  that  portion of any tax district included within the county
      district by following the equalization rule set forth in  article  eight
      of  the  real  property  tax  law.   The annual expense of operation and
      maintenance shall be assessed, levied and collected in the  same  manner
      and  at  the  same  time  as the expense of the improvement is assessed,
      levied and collected.
        2. The board of supervisors may adopt  a  resolution  authorizing  the
      application  of  the  agricultural  assessment  established  pursuant to
      article twenty-five-AA of the agriculture and markets law to the special
      assessment or special ad valorem levy made on behalf of a water,  sewer,
      or  sanitation  district  on  land  located  within the water, sewer, or
      sanitation district and benefitting from such agricultural assessment. A
      copy of this resolution shall be delivered to the assessor or  assessors
      of  each  town and shall be effective on the assessment roll prepared on
      the basis of the next taxable status date following  its  adoption.    A
      resolution  repealing this authorization shall similarly be delivered to
      the assessor or assessors of the town and  shall  be  effective  on  the
      assessment  roll  prepared  on the basis of the next taxable status date
      following its adoption.
        3. Notwithstanding any other provisions of this chapter  if  zones  of
      assessment have been initially established, and an initial allocation of
      the  total  estimated cost of the facilities has been made to such zones
      of assessment, the amount of the cost of the facilities so allocated  to
      any  such  zone  of  assessment  shall  be annually assessed, levied and
      collected from the several lots and parcels of land within said zone  of
      assessment  within  the district in the same manner and at the same time
      as other county charges, except that before any  special  assessment  is
      levied pursuant to this section, the board of supervisors shall increase
      or  diminish  the aggregate valuations of real estate in that portion of
      any such zone of assessment  included  within  the  county  district  by
      following  the  equalization rule set forth in article eight of the real
      property tax law. The annual expense of operation and maintenance  shall
      annually  be  allocated by the board of supervisors as between the zones
      of assessment  of  the  district  and  shall  be  assessed,  levied  and
      collected  from the several lots and parcels of land within each zone of
      assessment chargeable therewith, in the same manner and at the same time
      as county charges.
        4. The board of supervisors,  after  holding  a  public  hearing  upon
      notice  published  in the same manner as provided in section two hundred
      fifty-four of this chapter, from time to time, by resolution may  change
      either (1) the allocation of the cost of such facilities as between such
      zones  of  assessment or (2) the boundaries of such zones of assessment.
      After adoption of such resolution, application  shall  be  made  to  the
      department  of  audit  and control in the manner provided in section two
      hundred and fifty-eight of  this  chapter  for  a  determination  as  to
      whether  the  proposed  changes  will result in an undue burden upon the
      property of any zone of assessment. The state comptroller shall make  an
      order  in  duplicate  granting  or  denying  permission for the proposed
      changes and thereafter, proceedings shall be taken in  the  same  manner
      provided in section two hundred fifty-eight of this chapter.
    
        5. Nothing in this section contained shall be construed to prevent the
      financing  in  whole  or  in part, pursuant to the local finance law, of
      expenditures made pursuant to this article.