§ 253-A — Provision for excess sewer, drainage or water facilities

§ 253-a. Provision for excess sewer, drainage or water facilities. 1.\nThe local legislative body, in causing maps and plans to be prepared or\nin approving the establishment or extension of a sewer, wastewater\ndisposal, drainage or water district may provide by resolution that the\nmap and plan include sewer, wastewater disposal, drainage or water\nfacilities in excess of those required for the proposed district or\nextension. Such resolution providing for or requiring excess facilities\nshall include the estimated expense for such excess facilities and shall\nbe subject to permissive referendum. The necessity for and the extent of\nthe excess capacity shall be determined by the local legislative body\nand it shall be reserved for utilization by future districts or\nextensions in the county.\n 2. The expense of any excess sewer, wastewater disposal, drainage or\nwater facility authorized pursuant to this section shall be a county\ncharge and shall be assessed, levied and collected in the same manner\nand at the same time as other county charges; provided, however, that\nnothing herein contained shall be construed to prevent the financing in\nwhole or in part, pursuant to the local finance law, of any excess\nsewer, wastewater disposal, drainage or water facilities authorized\npursuant to this section. Any such excess sewer, wastewater disposal,\ndrainage or water facilities shall be deemed to be a district or special\nimprovement authorized by article five-A of this chapter within the\nmeaning of paragraph b of section 35.00 of the local finance law.\n 3. In the event the petition shall contain a statement that the\nimprovement in the proposed district or extension shall be constructed\nat the expense of a petitioning owner of taxable real property in the\nproposed district or extension, the expense of all excess sewer,\nwastewater disposal, drainage or water facilities shall be borne\noriginally as a county charge as provided in this section. If the\nimprovement is to be constructed by or on the behalf of the petitioning\nowner, such owner shall be compensated by the county for the cost of the\nexcess sewer, wastewater disposal, drainage or water facilities. In\nthis event the provisions of section two hundred sixty-two of this\nchapter relating to competitive bidding shall not apply. If the\nimprovement is to be constructed by the county or by the accepted\ncompetitive bidder, the county and not the petitioning owner shall be\nliable for the cost of the excess facilities.\n 4. The cost of the excess sewer, wastewater disposal, drainage or\nwater facilities shall be determined by the local legislative body. In\naddition to the information required by section two hundred fifty-three\nof this chapter, the maps and plans shall include an estimate of the\ncost of the excess facilities. If the improvement is to be constructed\nby or on behalf of the petitioning owner, an agreement shall be entered\ninto between the local legislative body and such owner which shall state\nthe total cost of the improvement and of the excess facilities or the\nmethod by which such cost shall be determined and the date of payment\nfor such excess facilities. If the improvement is to be constructed by\nthe county or by the accepted competitive bidder, the local legislative\nbody, in determining the cost of the excess facilities, shall consider\nthe estimate of the cost of excess facilities set forth in the maps and\nplans, the percentage increase in the capacity of the facilities, the\nmaximum amount stated in the petition as the cost of the required\nfacilities and the reduction, if any, in the per unit cost. In no event\nshall the expense of the excess sewer, wastewater disposal, drainage or\nwater facilities as determined or agreed to by the local legislative\nbody be less than the difference between the total cost of the\nimprovement as set forth in or determined pursuant to the agreement or\nthe accepted bid and the maximum amount stated in the petition.\n 5. The local legislative body may authorize the use of any excess\nfacilities acquired pursuant to this section by any district, districts\nor extensions thereof, thereafter established in such county, provided\nthe expense of such acquisition or the proportionate share of the\nexpense as shall be allocated to a district or extension thereof by the\nlocal legislative body, together with the expense of the construction of\nthe original improvement for such district or extension, shall not\nexceed the maximum amount authorized to be expended in such district or\nextension. Whenever the local legislative body shall authorize the use\nof any excess facilities acquired pursuant to this section by any\ndistrict, districts or extension thereof, the same shall be deemed to be\na part of the improvement authorized by such district or extension\nthereof and the entire cost of such acquisition and the maintenance\nthereof as apportioned to such district or extension, shall be deemed to\nbe a part of such improvement and shall be assessed, levied and\ncollected in the same manner as other charges against such district or\nextension.\n