N.Y. CNT Law § 268 — New York Code / Act CNT / Article 5-A / Section 268
Increase and improvement of facilities
Status: in_force

§ 268. Increase and improvement of facilities. 1. Whenever the board\nof supervisors shall determine it necessary to acquire additional lands\nor interests in lands or to acquire or to construct (1) water rights,\nwells, reservoirs or basins in order to maintain an adequate source of\nwater supply, (2) water quality treatment units or devices and related\napparatus and equipment, (3) additional trunk, interceptor and outfall\nsewers, pumping stations, sewage treatment and disposal works and\nappurtenances, street lateral sewers, or other facilities, (4)\nadditional drains, pumping stations, or other improvements or to perform\nother work of a permanent nature such as dredging, widening or\nstraightening of streams and water courses, or, (5) refuse disposal and\nincinerator plants, including all necessary facilities and equipment\nappurtenant thereto; or whenever the board of supervisors shall\ndetermine it necessary for the proper maintenance and service of such\nfacilities to increase, improve or reconstruct the facilities thereof,\nincluding the acquisition of additional lands, or interests in land\ntherefor, the board of supervisors shall cause a map and plan of the\nproposed improvement together with an estimate of the cost to be\nprepared by the county engineer or an engineer duly licensed by the\nstate of New York. When the map and plan and estimate of cost have been\ncompleted, the board of supervisors shall call a public hearing thereon\nand cause a notice thereof to be published and posted in the manner\nprescribed in section two hundred fifty-four. Such notice shall describe\nin general terms the proposed improvement or the location of the lands\nto be acquired, shall specify the estimated expense thereof, and, if\nzones of assessment have been established in such county district, shall\nspecify the proposed allocation of the cost thereof as between such\nzones. Such notice shall further state the time when and the place where\nthe board will meet to hear all persons interested in the subject matter\nthereof. After such hearing and upon the evidence given thereat, the\nboard of supervisors shall determine (a) whether it is in the public\ninterest to acquire or construct the proposed improvement; and (b) if\nzones of assessment have been established in such county district, the\nallocation of the cost thereof as between such zones. If the board of\nsupervisors shall decide that it is in the public interest to acquire or\nconstruct the proposed improvement, the board of supervisors shall\ndirect the administrative head or body to proceed with the improvement\nin the manner provided by section two hundred sixty-two. In case the\npurchase of lands only is involved, the board of supervisors may cause\nsuch lands to be purchased for the district.\n  In Suffolk county, notwithstanding any other general or special law to\nthe contrary, a sewer district may construct excess capacity for the\ntreatment and disposal of sewage and scavenger waste from outside the\ndistrict if the district has one or more executory contracts with other\ndistricts, municipalities or corporations, public or private, that wish\nto avail themselves of such excess capacity.\n  2. In like manner, the board of supervisors may, after the public\nhearing held upon due notice, replace obsolete, inadequate, damaged,\ndestroyed or worn out apparatus and equipment or acquire additional\napparatus and equipment.\n  3. Whenever it is proposed or required that the county in which a\ndistrict is located shall finance an expenditure or contract for the\npurposes authorized in this section by the issuance of the bonds, notes,\ncertificates or other evidences of indebtedness of the county therefor,\nor shall assume the payment of annual installments of debt service on\nobligations issued to finance the cost of facilities, pursuant to\nsection two hundred sixty-two of this article, and the cost to the\ntypical property or, if different, the cost to the typical one or two\nfamily home is above the average estimated cost to the typical\nproperties or homes for similar types of expenditures as may be annually\ncomputed by the state comptroller, no such expenditure shall be made or\ncontract let, unless the state comptroller, on behalf of the state,\nshall consent to such expenditure.\n