N.Y. CNT Law § 254 — New York Code / Act CNT / Article 5-A / Section 254
Public hearing; cost to typical property
Status: in_force

§ 254. Public hearing; cost to typical property.  1.  When the agency\nhas caused such maps and plans to be prepared, it shall transmit them to\nthe board of supervisors, together with a report of its proceedings and\nits recommendations, including a recommendation as to what officer,\nboard or body should be the administrative head or body of the proposed\ndistrict. Such report may further include the recommendations relating\nto the establishment of two or more zones of assessment within the\nproposed district and the estimated initial allocation of the cost of\nthe construction of the facilities as between such zones to be assessed,\nlevied and collected in each zone in the same manner and at the same\ntime as other county charges. Upon receipt of the report and the maps\nand plans, the board of supervisors shall call a public hearing upon a\nproposal to establish a county district, to comprise the area or areas\ndescribed and defined in said maps and plans. No public hearing shall be\ncalled to establish a water quality treatment district until the maps\nand plans have been submitted to and approved in writing by the state\ndepartment of health.  Copy of such notice of approval or denial of the\nmaps and plans shall be filed in the office of the clerk of the board of\nsupervisors of the county in which the proposed district is located.\nThe clerk of the board of supervisors shall cause a notice of the public\nhearing to be published at least once in the official newspapers of the\ncounty and in such other newspapers having a general circulation in the\nproposed district as the board may direct, the first publications\nthereof to be not less than ten or more than twenty days before the day\nset therein for the hearing. The notice of hearing shall contain a\ndescription of the area or areas to be included within the proposed\ndistrict, and if the report shall have recommended the establishment of\nzones of assessment, a description of the area or areas to be included\nwithin each zone of assessment, the improvements proposed, the maximum\namount to be expended for the improvement, the estimated cost of hook-up\nfees, if any, to, and the cost of the district or extension to, the\ntypical property and, if different, the typical one or two family home,\nthe allocation of such maximum amount as between the zones of assessment\nrecommended, if any, the proposed method of assessment of the cost and\nshall specify the time when and place where the board of supervisors\nwill meet to consider the matter and to hear all parties interested\ntherein concerning the same.  In the event that zones of assessment are\nprovided for and an allocation of cost of the facilities between such\nzones of assessment, said notice shall further state that said zones of\nassessment and said allocations of cost may be changed from time to time\nby resolution of the board of supervisors adopted after a public hearing\nwhenever said board of supervisors shall determine that such changes are\nnecessary in the public interest.  Prior to the publication of the\nnotice of hearing, the board of supervisors shall cause to be prepared,\nand file for public inspection with the county clerk, a detailed\nexplanation of how the estimated cost of hook-up fees, if any, to, and\nthe cost of the district or extension to, the typical property and, if\ndifferent, the typical one or two family home was computed.\n  2. (a) If the permission of the state comptroller is not required\npursuant to section two hundred fifty-eight, two hundred sixty-eight or\ntwo hundred sixty-nine of this article because it is proposed or\nrequired that the county in in which the district is located shall\nfinance the proposed cost by the issuance of bonds, notes, certificates,\nor other evidences of indebtedness of the county therefor or shall\nassume the payment of annual installments of debt service on obligations\nissued to finance the cost of facilities pursuant to section two hundred\nsixty-two of this article but the cost to typical property or, if\ndifferent, the cost to the typical one or two family home is not above\nthe average cost threshold described in those sections, a certified copy\nof the notice of hearing shall also be filed with the state comptroller\non or about the date of publication of the notice.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the state comptroller shall not be precluded from requiring\nthe submission of additional information or data in such form and detail\nas the state comptroller shall deem sufficient or from causing an\ninvestigation to be made with respect to the establishment or extension\nof a district or an increase in the maximum amount to be expended.\n