§ 256 — Establishment of a county district

New York § 256

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

Text

§ 256. Establishment of a county district. Upon the evidence presented\nat the public hearing, and after due consideration of the maps and\nplans, reports, recommendations and other data filed with it, the board\nof supervisors shall determine, by resolution, whether or not the\nproposed facilities are satisfactory and sufficient and, if it shall\ndetermine such question in the negative, it shall remand the proceedings\nto the agency for further study. The agency shall make such further\nstudy and amend and revise the maps and plans (including the zones of\nassessment and allocation of costs if the maps and plans provide\ntherefor) in conformance with its findings, and shall make a further\nreport to the board of supervisors in the same manner as hereinbefore\nprovided. If the revised maps and plans call for an increase in the\nestimated maximum expenditure for the project, alter the boundaries of\nthe proposed district, or if the maps and plans provide for zones of\nassessment and allocation of the cost of the facilities, alter the\nboundaries of the proposed zones of assessment or change the allocation\nor the costs of the facilities as between the zones of assessment, the\nboard of supervisors shall call a further public hearing thereon in the\nmanner provided in section two hundred fifty-four. When the board of\nsupervisors shall find that the proposed facilities are adequate and\nappropriate, it shall further determine by resolution, (1) whether all\nthe property and property owners within the proposed district are\nbenefited thereby, (2) whether all of the property and property owners\nbenefited are included within the limits of the proposed district, (3)\nwhether it is in the public interest to establish the district and (4)\nif said maps and plans and report recommended the establishment of zones\nof assessment and the allocation of the costs of the facilities as\nbetween such zones of assessment, whether such zones of assessment and\nthe allocation of the costs of the facilities thereto represent as\nnearly as may be the proportionate amount of benefit which the several\nlots and parcels of land situate in such zones will derive therefrom.\n If the board of supervisors shall determine that it is in the public\ninterest to establish the district, but shall find that (1) any part or\nportion of the property or property owners within the proposed district\nare not benefited thereby or (2) that certain property owners benefited\nthereby have not been included therein, or (3), if zones of assessment\nare proposed to be established and the costs of facilities allocated\namong said zones of assessment, that any part or portion of the property\nor property owners within a proposed zone of assessment should be placed\nin a different zone of assessment or that a different allocation of the\ncost should be made as between the zones of assessment, the board shall\nspecify the necessary changes of the boundaries of the proposed district\nor the necessary changes of the boundaries of any proposed zone of\nassessment or the necessary changes as to the allocation of costs, as\nthe case may be, to be made in order that all of the property and\nproperty owners and only such property owners as are benefited shall be\nincluded within such proposed district, or in order that such zones of\nassessment and the allocation of the costs of the facilities thereto\nshall represent as nearly as may be the proportionate amount of benefit\nwhich the several lots and parcels of land situate in such zones will\nderive therefrom, and the board shall call a further hearing at a\ndefinite place and time not less than fifteen nor more than twenty-five\ndays after such determination. Notice of such further hearing shall be\npublished in the manner provided in section two hundred fifty-four,\nexcept that such notice shall also specify the manner in which it is\nproposed to alter the boundaries of the proposed district, or the\nboundaries of the zones of assessment or the allocation of the costs of\nthe facilities as between said zones of assessment, as the case may be.\nIf and when the board shall determine in the affirmative all of the\nquestions set forth above, the board may adopt a resolution approving\nthe establishment of the district, as the boundaries shall be finally\ndetermined, and the construction of the improvement, and if zones of\nassessment have been established and an allocation of the costs of the\nfacilities made as between such zones of assessment, further approving\nthe establishment of the initial zones of assessment and the initial\nallocation of the costs of the facilities as between said zones of\nassessment. Such resolution shall be subject to permissive referendum as\nhereinafter provided, except in the case of a water quality treatment\ndistrict and except in the county of Suffolk. In the county of Suffolk,\nif the owner or owners of all of the land within the proposed district\nconsent in writing to the formation of the proposed district and the\nboard of elections certify that on or after the date of the first\npublication of the notice of public hearing hereinabove referred to,\nthere is no registered voter within the proposed district, then and in\nthat case the resolution adopted by the board approving the\nestablishment of a district shall not be subject to referendum,\npermissive, or otherwise.\n