§ 253 — Preparation of maps and plans

New York § 253

• Jurisdiction: New York
• Law CNT: County
• Art. 5-A: County Water, Sewer, Drainage and Refuse Districts

Text

§ 253. Preparation of maps and plans. 1. A petition may be presented\nto the board of supervisors requesting that a certain area or areas of\nthe county be established as a county district. Such petition shall be\nexecuted and acknowledged on behalf of a municipality or district, any\npart of which is included within such area or areas, by the chief\nexecutive officer of such municipality, or of such district furnishing a\nsimilar service as the district to be established hereunder. In lieu of\nexecution of the petition by the chief executive officer of such\nmunicipality or district, the petition may be executed and acknowledged\nby at least twenty-five owners of taxable real property of record\nsituated within such municipality or district, or in Suffolk county, if\nall of the taxable real property of record situate within such\nmunicipality which is to be included within a certain area or areas of\nthe county to be established as a county district is owned by one or\nmore but less than twenty-five owners, then the petition may be executed\nand acknowledged by one or more of said owners within the area or areas\nto be established as a county district. Upon presentation of such a\npetition or on its own motion, the board of supervisors may direct the\nagency to cause maps and plans to be prepared for a project as requested\nin the petition or for the establishment of a certain area or areas of\nthe county as a county district, provided, however, that if the\npetitioning municipality, district or owners of taxable property\nundertake to furnish or pay the cost of such maps and plans at its or\ntheir cost and expense, the board of supervisors shall direct the agency\nto accept or prepare the same. In the case of a petition to create or\nextend a water quality treatment district, the petition may be executed\nand acknowledged by one or more of the owners of taxable real property\nof record situated within such municipality whose private well water is\ncontaminated. At the time the petition is executed and acknowledged,\nnotice and copy of such petition shall be submitted to the state\ndepartment of health. Such maps or plans shall show (1) the boundaries\nof the area or areas which the agency in its judgment considers will be\nbenefited by the particular project, (2) a description of the area or\nareas sufficient to permit definite and conclusive identification of all\nparcels of property included therein, (3) the proposed location of all\nfacilities such as (a) reservoirs, stand pipes, wells, pumping stations,\nwater purification or treatment works, mains and hydrants, the source of\nwater supply, a description of the lands, streams, water or water rights\nto be acquired and the mode of constructing the proposed water works,\n(b) benefited parcels of properties with water quality treatment units\nor devices installed prior to the formation of the district and/or those\nproperties requiring installation of water quality treatment units or\ndevices and the mode and frequency of testing, monitoring, modifying if\nrequired, operation and maintenance, regenerating of such water quality\ntreatment units or devices and the administering of the treatment and\ndisposal of residuals and any other requirements pursuant to rules and\nregulations adopted by the public health and health planning council\nunder section two hundred twenty-five of the public health law. Any\nwater quality treatment unit or device which has been installed prior to\nthe formation of the district must be approved pursuant to rules and\nregulations adopted by the public health and health planning council\nunder section two hundred twenty-five of the public health law, prior to\nacceptance of such unit or device and its benefited property within the\ndistrict, (c) trunk, interceptor and outfall sewers, pumping stations,\nsewage treatment and disposal works, (d) properties requiring\nconstruction or replacement of private on-site wastewater disposal\nsystems and the mode and frequency of conveying, treating and disposing\nof wastewater and residual wastewater, (e) drains, ditches, channels,\npumping stations, dams, dikes, bulkheads and retaining walls, or (f)\nrefuse disposal and incinerator plants and all necessary appliances\nappurtenant thereto, (4) estimates of the cost of construction, or\nprocurement and installation of the facilities, and/or in the case of\nwater quality treatment districts, estimates of the costs of monitoring,\ntesting, modifying, if required, operation and maintenance, regenerating\nof such water quality treatment units or devices and the treatment and\ndisposal of residuals, as shown on the maps and plans and the method of\nfinancing the same and (5) an evaluation of rehabilitation needs based\nupon water quality, public use and private development, special\nwildlife, scenic or other values, sedimentation, shoreland zoning,\npotential for adequate pollution and erosion controls within the\ndrainage basin, and potential for future successful management. Such\nmaps and plans pertaining to sewer districts shall be consistent with,\nso far as possible, any comprehensive plan for sewers developed pursuant\nto section 17-1901 of the environmental conservation law. Such maps and\nplans pertaining to water districts shall be consistent with, so far as\npossible, any comprehensive plan for public water supply systems\ndeveloped pursuant to title thirteen of article fifteen of the\nenvironmental conservation law.\n 2. If the report of the agency required by section two hundred\nfifty-four of this chapter shall contain recommendations for the\nestablishment of two or more zones of assessment within a county\ndistrict, such maps and plans shall show the boundaries of each of such\nzones and the estimated initial allocation of the cost of the\nconstruction of the facilities recommended to be charged to each of such\nzones.\n 3. Where acceptable maps, plans and related data have theretofore been\nprepared by or for one or more existing or proposed municipal special or\nimprovement districts, the board of supervisors may, instead, authorize\nthe agency to adopt and utilize such maps, plans and data and, where a\ncounty district is thereafter established and facilities constructed\nthereby on the basis of such maps, plans and data, the district shall\nreimburse the municipalities, districts or persons who have paid for all\nor part of the cost of such maps, plans and data in a reasonable amount\nto be agreed upon among them, which amount shall not exceed their net\nexpenditures therefor, and shall not include any portion of the cost\npaid from federal or state aid and which amount, when paid, shall be\ndeemed part of the cost of the construction of the facilities by the\nagency.\n