§ 15-1103 — Petition; proceedings; exclusion of certain counties

New York § 15-1103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Local and Regional Water Resources Planning and Development
• Art. 15: Water Resources

Text

§ 15-1103. Petition; proceedings; exclusion of certain counties.\n 1. Any county, city, town or village, when duly authorized to do so,\nor any combination thereof, except as provided in subdivision 7 hereof,\nmay submit to the department a verified petition requesting the\ndepartment to consider a proposal for a survey and study of the water\nresources of a specified region of which the petitioning municipality is\na part, for the purpose of preparing and providing a comprehensive plan\nor plans for the protection, conservation, development and beneficial\nuse of such resources. Any such petition, prior to its submission to the\ndepartment, must be approved by the county legislative body of each\ncounty wholly or partly within the specified region. The petition shall\nset forth the facts upon which the petitioner or petitioners rely to\nshow that it is necessary and would be in the public interest and\nbenefit to undertake such survey, study and comprehensive planning. The\npetition shall list the persons, public corporations and state agencies\nengaged in receiving, collecting, storing, transmitting, distributing,\nprocessing or otherwise dealing with water for a public purpose, within\nthe region set forth in the petition, and the names and addresses of the\nclerks or other executive officers thereof. There shall be attached to\nthe petition a certified copy of the resolution, ordinance or other\nevidence of authority authorizing the execution of the petition.\n 2. Upon receipt of a petition, the department with reasonable\ndiligence shall cause public notice to be given that on a day therein\nnamed it will hold a public hearing at such place, within the region\nspecified in the petition, as is designated in the notice for the\npurpose of hearing all persons, public corporations and state agencies\nin favor of or opposed to the proposal. Such public notice shall be\ngiven by publication as provided in subdivision 1 of section 15-0903.\n 3. In addition to such public notice, the department shall give notice\nof the time and place of the public hearing in writing, at least fifteen\ndays prior to the date thereof, to the state Departments of Agriculture\nand Markets, Commerce, Health and Transportation, and the State Soil\nConservation Committee; also to the clerks or other executive officers\nof the public corporations and state agencies, persons and other\nagencies as listed in the petition. The department may also give similar\nwritten notice to any other person, body or agency it may deem would\nhave an interest in or would be affected by any comprehensive planning.\nAny public corporation, acting through any executive office authorized\nto take such action by its governing body or board, may file with the\ndepartment a written request that such public corporation be notified in\nwriting of any hearing under title 11 of this article in relation to any\nregion embraced in whole or in part within any area or areas of the\nstate designated by such public corporation in its written request.\nAfter the filing of such request, where any petition shall be filed with\nthe department setting forth any such region, but not listing such\npublic corporation, the department shall give notice to such public\ncorporation of any hearing on such petition, in the same manner as if it\nhad been listed in the petition pursuant to subdivision 1 of this\nsection. For the purpose of any hearings or proceedings under title 11\nof this article or to review a decision in the manner provided by\narticle seventy-eight of the Civil Practice Law and Rules relating to\nany region embraced within the area or areas designated in such request,\nany public corporation entitled to notice by reason of having filed such\nrequest shall be deemed to be and shall have all of the rights of a\nparty to the same extent as if such public corporation had been listed\nin the petition pursuant to subdivision 1 of this section. A\nmodification or withdrawal of any such request may be filed by any\npublic corporation in the same manner as an original request. Any such\nmodification shall have the same force and effect as an original\nrequest. Failure of the department to give notice pursuant to such\nwritten request shall not invalidate any proceedings had or action taken\nby the department.\n 4. The department shall, upon the day specified in the notice, or upon\nsuch subsequent day or days to which it may adjourn the hearing, proceed\nto take testimony and proof and to hear arguments submitted in support\nof and in opposition to the proposal. If in the course of the hearing,\nit shall appear to the department that the region specified in the\npetition should be enlarged in order to undertake a more comprehensive\nand beneficial study, survey and planning, the department shall adjourn\nthe hearing a sufficient period of time in order to obtain the approval\nof the county legislative body or bodies of the county or counties in\nwhich the additional area is located for the inclusion of such\nadditional area in the proposal. If such approval is given, the\ndepartment shall give, within the additional area, similar public and\nwritten notice, and shall give similar written notice to public\ncorporations which have filed requests, and in like manner, as provided\nby subdivisions 2 and 3 of this section, of the time and place fixed by\nthe department for the resumption of the public hearing. The hearing\nshall resume and proceed at such time and place as if the additional\narea had been included in the petition as part of the region.\n 5. Within thirty days after the taking of testimony and proofs, any\nperson, public corporation or state agency, who or which has appeared at\nthe hearing, may file with the department written objections to the\nproposal or parts thereof as petitioned for or as enlarged as above\nprovided. Such objections shall specify the grounds and reasons upon\nwhich they are made. Briefs in support of and in opposition to the\nproposal may be filed with the department within the same thirty day\nperiod. Upon expiration of the period, the hearing shall be deemed\nclosed, unless the department determines that the hearing should be\nreopened for the taking of further testimony or other proof.\n 6. Thereafter and with all convenient speed, the department shall\nrender its decision, determining if it is or is not in the public\ninterest or benefit to undertake the proposal. If the proposal is found\nto be in the public interest or benefit, the department shall determine\nthe region of the state to be included in the study, survey and\ncomprehensive planning, the minimum number of specific purposes for\nwhich the planning should be undertaken, the extent of the study, survey\nand planning involved and an approximate estimate of the cost of the\nstudy and survey.\n 7. Following this determination by the department, and before\nproceeding thereon, the petitioner for the survey and study decide\nwithin six months after the date of the department's determination\nwhether to proceed with the survey and study or to withdraw its request\ntherefor. Notice of its decision shall be given promptly to the\ndepartment. The department may grant one or more extensions of six\nmonths each to the petitioner to make its decision.\n 8. The area of the state within the corporate limits of the city of\nNew York shall not be included, in whole or in part, in any region\nproposed by a petition, or as enlarged or as determined by the\ndepartment under this section, which region includes in whole or in part\nthe counties of Nassau or Suffolk, or either of them.\n