Section 280-D. Preparation of maps and plans  


Latest version.
  • A petition may be presented to
      the governing body 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 existing district, any part
      of which is included within such area or areas, by the  chief  executive
      officer  of  such  municipality,  or of such existing district serving a
      similar function as the district to be established hereunder. In lieu of
      execution of the  petition  by  the  chief  executive  officer  of  such
      municipality  or  existing  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 existing district. Upon
      presentation of such a petition or on its own motion, the governing body
      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, existing 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 governing body
      shall direct the agency to accept or prepare  the  same.  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 dunes, bluffs,
      bulkheads, dikes, groins, jetties, fills and other works, facilities and
      improvements, (4) a description of  the  land  or  water  rights  to  be
      acquired,  and  (5)  estimates  of  the  cost  of  construction  of  the
      facilities as shown on the maps and plans and the  method  of  financing
      the  same.  Such  maps  and  plans  shall  be consistent with, so far as
      possible, any comprehensive plan for  hurricane  protection,  flood  and
      shoreline  erosion control developed by the state or national government
      for that purpose.
        If the report of the agency required by section two  hundred  eighty-e
      of  this  article 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.
        Where  acceptable  maps,  plans and related data have theretofore been
      prepared  by  or  for  one  or  more  existing  or  proposed   hurricane
      protection, flood and shoreline erosion control districts, the governing
      body  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 agency shall reimburse the municipalities, existing  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.