§ 15-1925 — General apportionment of cost

New York § 15-1925

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

Text

§ 15-1925. General apportionment of cost.\n 1. A general apportionment of the cost of the complete system of\ndrainage shall be made as herein described. The total cost determined\nunder the provisions of section 15-1923 shall be equitably apportioned\non the various parcels of land in the district and on such public\ncorporations as the department may find to be justly chargeable with a\npart of such cost in addition to what might be apportioned to them as\nowners of property in the district. Such charge on a public corporation\nshall be expressed as a percentage of the whole cost and only the\nremaining percentage of the cost shall be apportioned on the individual\nproperties.\n 2. The general theory of such apportionment shall be that any parcel\nusing or served by any ditch or part of a ditch shall share in the cost\nof that ditch or part and that share shall be in proportion to the\ndrainage enhancement of that parcel already determined as set forth in\nsection 15-1919 as compared with the sum of such drainage enhancements\nof all the parcels using or served by the same ditch or part of a ditch,\nbut such strict rule may be modified should it lead to inequitable\nresults.\n 3. The department may divide the whole drainage system into individual\nditches and appropriate parts of ditches, estimate for each ditch or\npart the total cost thereof, determine the boundaries of the lands which\nwould use or be served by that ditch or part, subdivide the previously\ndetermined drainage enhancement of each parcel which may be subdivided\nby such boundaries and apportion the total cost of each ditch or part of\na ditch accordingly. Finally all amounts apportioned to any one parcel\nshall be added together and compared with the drainage enhancement of\nthat parcel. Should the total cost apportioned to any parcel exceed the\ndrainage enhancement of that parcel, the design of the drainage system\nor the boundaries of the district shall be changed in such manner that\nfor no parcel shall the costs exceed the enhancements. The department\nmay make a similar apportionment of the cost determined under the\nprovisions of section 15-1923 for such drainage works heretofore done\nwhich in its opinion are useful and may be incorporated into the\ncomplete system of drainage.\n