NY Cty L § 253 (2021)
2021 New York Laws CNT - County Article 5-A - County Water, Sewer, Drainage and Refuse Districts 253 - Preparation of Maps and Plans.

§  253. Preparation of maps and plans.  1. A petition may be presented   to the board of supervisors requesting that a certain area or  areas  of   the  county  be established as a county district. Such petition shall be   executed and acknowledged on behalf of a municipality or  district,  any   part  of  which  is  included  within  such  area or areas, by the chief   executive officer of such municipality, or of such district furnishing a   similar service as the district to be established hereunder. In lieu  of   execution  of  the  petition  by  the  chief  executive  officer of such   municipality or district, the petition may be executed and  acknowledged   by  at  least  twenty-five  owners  of  taxable  real property of record   situated within such municipality or district, or in Suffolk county,  if   all  of  the  taxable  real  property  of  record  situate  within  such   municipality which is to be included within a certain area or  areas  of   the  county  to  be  established as a county district is owned by one or   more but less than twenty-five owners, then the petition may be executed   and acknowledged by one or more of said owners within the area or  areas   to  be  established  as  a  county district. Upon presentation of such a   petition or on its own motion, the board of supervisors may  direct  the   agency to cause maps and plans to be prepared for a project as requested   in  the  petition or for the establishment of a certain area or areas of   the county  as  a  county  district,  provided,  however,  that  if  the   petitioning   municipality,  district  or  owners  of  taxable  property   undertake to furnish or pay the cost of such maps and plans  at  its  or   their cost and expense, the board of supervisors shall direct the agency   to  accept  or  prepare the same. In the case of a petition to create or   extend a water quality treatment district, the petition may be  executed   and  acknowledged  by one or more of the owners of taxable real property   of record situated within such municipality whose private well water  is   contaminated.  At  the  time  the petition is executed and acknowledged,   notice and copy of  such  petition  shall  be  submitted  to  the  state   department  of  health. Such maps or plans shall show (1) the boundaries   of the area or areas which the agency in its judgment considers will  be   benefited  by  the  particular project, (2) a description of the area or   areas sufficient to permit definite and conclusive identification of all   parcels of property included therein, (3) the proposed location  of  all   facilities such as (a) reservoirs, stand pipes, wells, pumping stations,   water purification or treatment works, mains and hydrants, the source of   water supply, a description of the lands, streams, water or water rights   to  be  acquired  and the mode of constructing the proposed water works,   (b) benefited parcels of properties with water quality  treatment  units   or devices installed prior to the formation of the district and/or those   properties  requiring  installation  of water quality treatment units or   devices and the mode and frequency of testing, monitoring, modifying  if   required,  operation and maintenance, regenerating of such water quality   treatment units or devices and the administering of  the  treatment  and   disposal  of  residuals and any other requirements pursuant to rules and   regulations adopted by the public health  and  health  planning  council   under  section  two  hundred  twenty-five  of the public health law. Any   water quality treatment unit or device which has been installed prior to   the formation of the district must be approved  pursuant  to  rules  and   regulations  adopted  by  the  public health and health planning council   under section two hundred twenty-five of the public health law, prior to   acceptance of such unit or device and its benefited property within  the   district,  (c)  trunk, interceptor and outfall sewers, pumping stations,   sewage  treatment  and  disposal   works,   (d)   properties   requiring   construction  or  replacement  of  private  on-site  wastewater disposal   systems and the mode and frequency of conveying, treating and  disposing   of  wastewater  and  residual wastewater, (e) drains, ditches, channels,    pumping stations, dams, dikes, bulkheads and  retaining  walls,  or  (f)   refuse  disposal  and  incinerator  plants  and all necessary appliances   appurtenant thereto, (4) estimates  of  the  cost  of  construction,  or   procurement  and  installation  of the facilities, and/or in the case of   water quality treatment districts, estimates of the costs of monitoring,   testing, modifying, if required, operation and maintenance, regenerating   of such water quality treatment units or devices and the  treatment  and   disposal  of residuals, as shown on the maps and plans and the method of   financing the same and (5) an evaluation of rehabilitation  needs  based   upon   water  quality,  public  use  and  private  development,  special   wildlife, scenic  or  other  values,  sedimentation,  shoreland  zoning,   potential  for  adequate  pollution  and  erosion  controls  within  the   drainage basin, and potential for  future  successful  management.  Such   maps  and  plans pertaining to sewer districts shall be consistent with,   so far as possible, any comprehensive plan for sewers developed pursuant   to section 17-1901 of the environmental conservation law. Such maps  and   plans  pertaining to water districts shall be consistent with, so far as   possible,  any  comprehensive  plan  for  public  water  supply  systems   developed   pursuant  to  title  thirteen  of  article  fifteen  of  the   environmental conservation law.2. If the report  of  the  agency  required  by  section  two  hundred   fifty-four  of  this  chapter  shall  contain  recommendations  for  the   establishment of two  or  more  zones  of  assessment  within  a  county   district,  such maps and plans shall show the boundaries of each of such   zones  and  the  estimated  initial  allocation  of  the  cost  of   the   construction of the facilities recommended to be charged to each of such   zones.3. Where acceptable maps, plans and related data have theretofore been   prepared by or for one or more existing or proposed municipal special or   improvement  districts, the board of supervisors may, instead, authorize   the agency to adopt and utilize such maps, plans and data and,  where  a   county  district  is  thereafter  established and facilities constructed   thereby on the basis of such maps, plans and data,  the  district  shall   reimburse the municipalities, districts or persons who have paid for all   or  part of the cost of such maps, plans and data in a reasonable amount   to be agreed upon among them, which amount shall not  exceed  their  net   expenditures  therefor,  and  shall  not include any portion of the cost   paid from federal or state aid and which amount,  when  paid,  shall  be   deemed  part  of  the  cost of the construction of the facilities by the   agency.