§ 15-2303 — River improvement districts

§ 15-2303. River improvement districts.\n 1. Bodies corporate which shall consist of and be known as river\nimprovement districts may be created as herein provided to carry out the\npurposes of title 23 of this article on some particular stream or part\nthereof. Such river improvement districts are declared to be public\ncorporations and shall have perpetual existence and the power to\nacquire, hold or sell such real estate or other property as may be\nnecessary, to sue and to be sued, to incur contract liabilities, to\nexercise the right of eminent domain and of assessment and taxation and\nto do all acts and exercise all powers necessary to accomplish the\npurposes of title 23 of this article. Such powers shall be exercised by\nand in the name of the district. The governing body of the district\nshall be the department, unless such district be combined with a river\nregulating district as provided below. Any watershed of the state or any\nintegral part of such watershed may be created into a river improvement\ndistrict pursuant to the provisions of title 23 of this article. The\ndebts, liabilities and obligations incurred by a river improvement\ndistrict shall in no event be construed as debts, liabilities or\nobligations of the State of New York, and neither the department nor any\nmember thereof in his individual capacity shall be liable therefor. Any\nriver improvement districts heretofore formed under the provisions of\nthis chapter are hereby declared to be bodies corporate and all the\nprovisions of this section shall be applicable to such river improvement\ndistricts. The general provisions and definitions appearing in sections\n15-1903 and 15-2101 are also applicable to title 23.\n 2. Any county, city, town or village, or any person or persons owning\nlands situated on, bordering on or near any river or watercourse may\npresent to the department a petition, duly verified, praying for the\nformation of a river improvement district. The petition shall set forth\nthe facts as to the effects on life, health, welfare and property of the\npresent flow of the stream and may state the method whereby the\npetitioners believe that the conditions complained of can be remedied or\nbettered. The department may by rule prescribe the form and nature of\nthe contents of such petition. On receipt of such petition the\ndepartment shall cause the matter to be investigated. The department may\nmake tentative determinations as to remedial measures, what properties\nwould be benefited, the cost of the work and the division of such costs\nbetween public corporations and private owners; or it may find that the\nrelief sought is impracticable or not of sufficient importance to\nwarrant state interference.\n 3. Notice of a hearing shall be given as follows:\n a. The department shall set forth the material in subdivision 2 above\nin a report which shall be filed and notice of such filing, together\nwith the notice of a public hearing thereon, shall be given. If the\nreport is favorable, the notice shall also state that the department\ncontemplates the making of a survey and of an assessment of the costs of\nthe project, the costs of which survey and assessment will be assessed\non the properties and public corporations surveyed or assessed as\nbeneficiaries.\n b. Whenever the department is required to give notice of a hearing or\nof any act performed or contemplated, it shall be given in accordance\nwith the provisions of subdivision 1 of section 15-0903.\n 4. At the hearing the department shall hear testimony and arguments\nwith regard to the proposed project. Thereafter the department shall\ndetermine whether the public health, safety or welfare require the\nformation of the district and shall make a final order with regard\nthereto. Such an order forming a district shall describe the boundaries\nthereof and state the name of the district and shall include orders to\nmake surveys, studies, estimates and assessments. The final order shall\nbe filed and notice of such filing given.\n 5. The department may proceed to make such surveys of the lands in the\nproposed district and the boundaries thereof and of the river and its\ntributaries and such other areas as may be necessary. For the carrying\nout of the purposes of this title 23 the department and its authorized\nagents may enter upon any such land as in its judgment may be necessary,\nthe district being liable only for actual damage done thereby. The\namount of such damages may be agreed upon between the department and the\nowner or occupant of such lands or if they cannot agree the amount of\nsuch damages shall be ascertained and determined by proper court action.\n 6. After the completion of the surveys the department shall prepare\nmaps of the proposed district showing the boundaries thereof, the\nboundaries and area of each public corporation in so far as it lies\nwithin the district, the boundaries of each parcel of land in the\ndistrict which is to be directly assessed, together with the name of the\nowner thereof as far as the same may be ascertained. Where a parcel is\nintersected by the boundary of a public corporation, the area in such\nparcel in each such public corporation shall be separately given. The\nboundaries shall include all properties benefited, and may include\nproperties not benefited if necessary to make the district a continuous\narea with reasonably simple boundaries. Such maps shall also show as far\nas may be necessary the topography, and the natural and artificial\nfeatures of the lands within the district or elsewhere. The department\nshall also show on such maps and other plans the location and general\nstructural details of such works as may be required for the proposed\nimprovement. The department shall also prepare a general description of\nthe proposed works and an estimate of the cost of constructing such\nworks.\n 7. The department shall also determine the amount of benefit which\nwill accrue to each parcel of land in the district and shall apportion\nthe cost of such work among such parcels in proportion to the benefit\nwhich each will derive therefrom. If the department finds that any\npublic corporation will be benefited in its corporate capacity, it shall\nstate what proportion of the total cost of the works or of the various\nparts thereof shall be borne by such public corporation and only the\nremaining portion of the work shall be assessed on the individual\nowners. The department shall prepare a statement of its assessment and\napportionment. Certified copies of such maps, plans, estimates and other\npapers and of the assessment and apportionment shall be filed and notice\nof such filing and of the time and place for the hearing thereof shall\nbe given.\n 8. Thereafter the department shall proceed to hold the hearing and to\nconsider the testimony and arguments presented thereat. If it shall\nappear that additional areas should be included in the district and that\nadditional surveys are necessary, the department shall so determine and\nmay proceed to make such surveys in the same manner as is provided for\nthe original surveys. Upon completion of such hearings the department\nshall determine whether or not it is to the public interest to grant the\npetition, form the district and carry out the project, whether all\nproperties which will be benefited by the proposed works are included in\nthe district and whether the assessment and apportionment is just and\nequitable, and it shall make a final order with regard thereto.\nCertified copies of such final order shall be filed and notice of such\nfiling given. After the expiration of the time for review of such an\norder, if no review is had, or after the review is completed, the\ndepartment shall cause the same to be recorded. The district shall be\nheld to have been formed on the date of such final order but such\nformation shall not be effective until such order as made or as modified\non review shall have been recorded.\n 9. Any determination, apportionment, decision, order, maps or plans\nwhich the provisions of this title require to be filed and notice of\nsuch filing to be given, except in the case where a hearing is to be\nheld may be reviewed by any interested party as provided in section\n15-0905.\n 10. Wherever it is required in title 23 of this article that copies of\nmaps and documents be filed, certified copies thereof shall be filed in\nthe offices of the clerks of each county, town, city or incorporated\nvillage, any part of which is included in the district or proposed\ndistrict. Wherever it is required in title 23 of this article that any\ndocument be recorded, the department shall cause a certified copy\nthereof to be sent to the clerk of each county, any part of which is\nincluded in the district or proposed district, and such clerk shall\nthereupon record such document.\n 11. The department may change the boundaries of a district,\nconsolidate two or more districts or subdivide an existing district into\ntwo or more districts, the procedure for which shall be the same as is\nprovided for herein for the formation of a district, in so far as the\nsame is applicable.\n 12. Apportionment of costs shall be as follows:\n a. Whenever it is practicable so to do, the department shall include\nin the cost of any survey made, or construction, maintenance or repair\nwork carried out under provisions of title 23 of this article the cost\nof all proceedings, hearings, notifications, filings, recordings,\nengineering, legal and all other services and expenses which lawfully\nmay be incurred, including the cost of acquisition of lands and\nrights-of-way, suits and prosecutions.\n b. To pay the expenses of the surveys, preparation of maps, plans and\nestimates, the making of the assessment, the holding of the required\nhearings and other matters required by the provisions of this section,\nthe department may make funds available therefor. The assessment of such\ncosts shall be divided between public corporations and private persons\nin the manner set forth in the district assessment; the remaining amount\nshall be assessed on all the properties in the proposed district as\nshown by the maps filed in proportion to the assessed valuation of such\nproperties. In the event that any such property is cut by the district\nboundary, the department shall request the local assessors to divide the\nassessment between the portion within and that without the district and\nit shall be the duty of such assessors to make such division.\n 13. At any time after the formation of a district petition may be made\nto the department for additional construction or for major changes in\nthe project already adopted or the department, of its own motion, may\nsuggest such changes or additions. The procedure shall be that specified\nin this section as far as it is applicable. The same procedure may also\nbe followed in order to authorize the raising of additional funds for a\nproject already adopted, should it be found that sufficient funds were\nnot originally authorized.\n