§ 15-1903 — General provisions and definitions

New York § 15-1903

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 19: Drainage
• Art. 15: Water Resources

Text

§ 15-1903. General provisions and definitions.\n The following words and phrases used in this title 19, when not\notherwise specified, are defined or indicate procedure, as follows:\n 1. Filing. Wherever it is required that copies of maps and documents\nbe filed, certified copies thereof shall be filed in the offices of the\nclerks of each county, town, city or incorporated village, any part of\nwhich is included in the district or proposed district.\n 2. Recorded. Whenever it is required that any document be recorded,\nthe department shall send a certified copy thereof to the clerk of each\ncounty, any part of which is included in the district or proposed\ndistrict, and it shall be the duty of such clerk thereupon to record\nsuch document and to collect the legal fees therefor.\n 3. Costs. Whenever it is practicable so to do, the department shall\ninclude in the cost of any surveys, maps, estimates, determinations of\nenhancements, apportionments of cost or assessments made, or\nconstruction, maintenance or repair work carried out, the cost of all\nproceedings, hearings, notifications, filings, recordings, engineering,\nlegal and other services and expenses which may lawfully be incurred,\nincluding the cost of acquisition of lands and rights of way, suits and\nprosecutions.\n 4. Notice. Unless otherwise specified, notice of a hearing,\ncontemplated act or of an act performed shall be given as provided in\nsection 15-0903.\n 5. Assessment. As used in title 19 of this article the term assessment\nshall mean the whole or any appropriate part of the procedure by which\nthe cost of any proceeding or construction project is made a legal\ncharge on certain properties. It may include the determination of\nenhancements and apportionment of construction and other costs. It\nincludes similar proceedings once specified in earlier forms of title 19\nof this article, or in former or other general and special laws with\nregard to drainage.\n 6. Initiation of proceedings. It is the intent of title 19 of this\narticle that petition may be made to the department to make any survey\nor investigation or do any work that may fall under the purposes of\ntitle 19 of this article notwithstanding the special provisions hereof\nand that, if it is advisable or advantageous so to do, more than one\nprocedure may be carried on at the same time or may be followed out with\nrespect to a part rather than the whole of the district. Should such\npetition not fully conform as to subject matter with the following\nsections, the department is empowered nevertheless to give the relief\ndesired by following the specified procedure as nearly as may be and to\nassess the cost of such investigations or work on the properties\nsurveyed, investigated, appraised, included in an apportionment or\nimproved in such manner as may be found most equitable and to conform\nmost nearly with the specific provisions of title 19 of this article.\nAny procedure under this title 19 which may be initiated by petition may\nalso be initiated by the department on its own motion. In such case the\ndepartment shall adopt an initiating resolution which shall have the\nsame force and effect as a petition.\n 7. Served by. A parcel of land is served by any ditch or structure\nuseful for the drainage thereof. Thus any ditch which actually drains\nthe parcel or which intercepts and carries away water which otherwise\nwould reach the parcel, or any ditches which carry water collected by\nsuch drainage or intercepting ditches serve such parcel.\n