§ 280-D — Preparation of maps and plans

New York § 280-D

• Jurisdiction: New York
• Law CNT: County
• Art. 5-B: County Hurricane Protection, Flood and Shoreline Erosion Control Districts

Text

§ 280-d. Preparation of maps and plans. A petition may be presented to\nthe governing body requesting that a certain area or areas of the county\nbe established as a county district. Such petition shall be executed and\nacknowledged on behalf of a municipality or existing district, any part\nof which is included within such area or areas, by the chief executive\nofficer of such municipality, or of such existing district serving a\nsimilar function as the district to be established hereunder. In lieu of\nexecution of the petition by the chief executive officer of such\nmunicipality or existing district, the petition may be executed and\nacknowledged by at least twenty-five owners of taxable real property of\nrecord situated within such municipality or existing district. Upon\npresentation of such a petition or on its own motion, the governing body\nmay direct the agency to cause maps and plans to be prepared for a\nproject as requested in the petition or for the establishment of a\ncertain area or areas of the county as a county district, provided,\nhowever, that if the petitioning municipality, existing district or\nowners of taxable property undertake to furnish or pay the cost of such\nmaps and plans at its or their cost and expense, the governing body\nshall direct the agency to accept or prepare the same. Such maps or\nplans shall show (1) the boundaries of the area or areas which the\nagency in its judgment considers will be benefited by the particular\nproject, (2) a description of the area or areas sufficient to permit\ndefinite and conclusive identification of all parcels of property\nincluded therein, (3) the proposed location of all dunes, bluffs,\nbulkheads, dikes, groins, jetties, fills and other works, facilities and\nimprovements, (4) a description of the land or water rights to be\nacquired, and (5) estimates of the cost of construction of the\nfacilities as shown on the maps and plans and the method of financing\nthe same. Such maps and plans shall be consistent with, so far as\npossible, any comprehensive plan for hurricane protection, flood and\nshoreline erosion control developed by the state or national government\nfor that purpose.\n If the report of the agency required by section two hundred eighty-e\nof this article shall contain recommendations for the establishment of\ntwo or more zones of assessment within a county district, such maps and\nplans shall show the boundaries of each of such zones and the estimated\ninitial allocation of the cost of the construction of the facilities\nrecommended to be charged to each of such zones.\n Where acceptable maps, plans and related data have theretofore been\nprepared by or for one or more existing or proposed hurricane\nprotection, flood and shoreline erosion control districts, the governing\nbody may, instead, authorize the agency to adopt and utilize such maps,\nplans and data and, where a county district is thereafter established\nand facilities constructed thereby on the basis of such maps, plans and\ndata, the agency shall reimburse the municipalities, existing districts\nor persons who have paid for all or part of the cost of such maps, plans\nand data in a reasonable amount to be agreed upon among them, which\namount shall not exceed their net expenditures therefor, and shall not\ninclude any portion of the cost paid from federal or state aid and which\namount, when paid, shall be deemed part of the cost of the construction\nof the facilities by the agency.\n