§ 253-B — Amendment or modification of plans

New York § 253-B

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

Text

§ 253-b. Amendment or modification of plans. When the board of\nsupervisors or county legislature shall have established a district\npursuant to this article and adopted a plan of a service or improvement\nfor such district, such plan shall not be modified by the board of\nsupervisors or any officer of the county nor by the administrative head\nor body of such district except as provided in this section. The\nadministrative head or body shall submit a report in writing to the\nboard of supervisors specifying the particulars in which it is proposed\nto modify such plan. Upon receipt of such report the board of\nsupervisors shall adopt a resolution calling a public hearing thereon.\nNotice of such public hearing shall be given in the manner provided by\nsection two hundred fifty-four of the county law. Such notice shall\nspecify in terms sufficient for identification the particulars in which\nit is proposed to modify the plan of the service or improvement, and the\ntime and place when the board of supervisors will meet to hear and\nconsider any objections which may be made thereto, which time and place\nshall be not less than ten nor more than twenty days after the first\npublication of such notice. When any change shall be made in the plan\nproposed and once adopted, a revised or additional map and profile shall\nbe made showing the change, and all such maps and profiles shall be\ncarefully preserved in the office of the county clerk, or if the county\ndistrict shall have an office, in the office of such county district,\nand shall be open to inspection by all persons interested. However, in\nthe case of water quality treatment districts, amendments or\nmodifications of plans must have the written approval of the department\nof health prior to adoption. At the request of an owner of a parcel of\nproperty within the county, if the private well water on such property\nis contaminated, a water quality treatment district plan may be amended,\nfrom time to time, to include said parcel of property. If an owner of a\nparcel of property within the county requests exclusion from the\ndistrict, such request shall be granted without the state department of\nhealth approval and without the procedure set forth in section two\nhundred fifty-six of this article. The removal of a parcel of property\nfrom a district shall in no way affect the owner's liability for charges\nwhich have accrued against the owner's property, prior to said\nexclusion, for the procurement, installation, modification, replacement\nand removal of a water quality treatment unit or device or for expenses\nof operation and maintenance including monitoring, testing, regenerating\nand treating. Should a public or private water system, supplier or\nauthority commence supplying water to any parcel of property within a\nwater quality treatment district, such parcel of property shall no\nlonger be considered part of the water quality treatment district, and\nall services to such parcels shall be terminated. Termination of\nservices shall include, the removal of all water quality treatment units\nor devices and a charge for the cost of doing so to the benefited\nproperty, except when such unit or device was acquired and owned by the\nproperty owner or when the district determines that such unit or device\nis obsolete and no longer useful for any district purpose.\n