§ 280-I — Application to the department of audit and control

New York § 280-I

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

Text

§ 280-i. Application to the department of audit and control. Whenever\na resolution approving the establishment of a county district shall have\nbecome effective, the clerk of the governing body shall file an\napplication in the office of the department of audit and control for\npermission to establish the district. Such application shall be executed\nand verified by the chairman of the governing body or such other officer\nas the governing body may designate and be in such form and contain such\ninformation as may be prescribed by the state comptroller. The state\ncomptroller may require the submission of additional information or data\nin such form and detail as he shall deem sufficient, or may cause an\ninvestigation to be made to aid him in making the determinations below\nmentioned. Upon such application and such other information, data and\nmaterial which may be submitted, the state comptroller shall determine\nwhether the public interest will be served by the creation of the\ndistrict and also whether the cost thereof will be an undue burden upon\nthe property of the proposed district. If such resolution shall have\nprovided for the establishment of zones of assessment and the allocation\nof the costs of the facilities as between such zones of assessment, the\nstate comptroller shall further determine whether the cost of the\nfacilities allocated to each of said zones of assessment will be an\nundue burden upon the property of each proposed zone of assessment.\n Upon completion of his examination of the application and\ninvestigation of the project, the state comptroller shall make an order,\nin duplicate, granting or denying permission for the establishment of\nthe district and shall file one copy of such order in the office of the\nstate department of audit and control at Albany, New York, and the other\nin the office of the clerk of the governing body of the county in which\nthe proposed district is located. The clerk of the governing body shall\npresent such order to the governing body at the next meeting thereof. If\nthe state comptroller shall deny permission for the establishment of the\ndistrict, no further proceedings shall be taken in the matter. If the\nstate comptroller shall grant permission for the establishment of the\ndistrict, the governing body may adopt an order establishing the\ndistrict.\n