§ 280-G — Establishment of a county district

New York § 280-G

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

Text

§ 280-g. Establishment of a county district. Upon the evidence\npresented at the public hearing, and after due consideration of the maps\nand plans, reports, recommendations and other data filed with it, the\ngoverning body 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 hold further\nhearings thereon, in the same manner as hereinbefore provided. If the\nrevised maps and plans call for an increase in the estimated maximum\nexpenditure for the project, alter the boundaries of the proposed\ndistrict, or if the maps and plans provide for zones of assessment and\nallocation of the cost of the facilities, alter the boundaries of the\nproposed zones of assessment or change the allocation or the costs of\nthe facilities as between the zones of assessment, the governing body\nshall call a further public hearing thereon in the manner provided in\nsection two hundred eighty-e. When the governing body shall find that\nthe proposed facilities are adequate and appropriate, it shall further\ndetermine by resolution, (1) whether all the property and property\nowners within the proposed district are benefited thereby, (2) whether\nall of the property and property owners benefited are included within\nthe limits of the proposed district, (3) whether it is in the public\ninterest to establish the district and (4) if said maps and plans and\nreport recommended the establishment of zones of assessment and the\nallocation of the costs of the facilities as between such zones of\nassessment, whether such zones of assessment and the allocation of the\ncosts of the facilities thereto represent as nearly as may be the\nproportionate amount of benefit which the several lots and parcels of\nland situate in such zones will derive therefrom.\n If the governing body 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 cost 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 governing\nbody shall specify the necessary changes of the boundaries of the\nproposed district or the necessary changes of the boundaries of any\nproposed zone of assessment or the necessary changes as to the\nallocation of costs, as the case may be, to be made in order that all of\nthe property and property owners and only such property owners as are\nbenefited shall be included within such proposed district, or in order\nthat such zones of assessment and the allocation of the costs of the\nfacilities thereto shall represent as nearly as may be the proportionate\namount of benefit which the several lots and parcels of land situate in\nsuch zones will derive therefrom, and the governing body shall call a\nfurther hearing at a definite place and time not less than fifteen nor\nmore than twenty-five days after such determination. Notice of such\nfurther hearing shall be published in the manner provided in section two\nhundred eighty-e, except that such notice shall also specify the manner\nin which it is proposed to alter the boundaries of the proposed\ndistrict, or the boundaries of the zones of assessment or the allocation\nof the costs of the facilities as between said zones of assessment, as\nthe case may be. If and when the governing body shall determine in the\naffirmative all of the questions set forth above, the governing body may\nadopt a resolution approving the establishment of the district, as the\nboundaries shall be finally determined, and the construction of the\nimprovement, and if zones of assessment have been established and an\nallocation of the costs of the facilities made as between such zones of\nassessment, further approving the establishment of the initial zones of\nassessment and the initial allocation of the costs of the facilities as\nbetween said zones of assessment. Such resolution shall be subject to\npermissive referendum as hereinafter provided.\n