NY Env Conserv L § 15-1903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 19 - Drainage 15-1903 - General Provisions and Definitions.

§ 15-1903. General provisions and definitions.The  following  words  and  phrases  used  in  this title 19, when not   otherwise specified, are defined or indicate procedure, as follows:1. Filing. Wherever it is required that copies of maps  and  documents   be  filed, certified copies thereof shall be filed in the offices of the   clerks of each county, town, city or incorporated village, any  part  of   which is included in the district or proposed district.2.  Recorded.  Whenever  it is required that any document be recorded,   the department shall send a certified copy thereof to the clerk of  each   county,  any  part  of  which  is  included  in the district or proposed   district, and it shall be the duty of such  clerk  thereupon  to  record   such document and to collect the legal fees therefor.3.  Costs.  Whenever  it is practicable so to do, the department shall   include in the cost of any surveys, maps, estimates,  determinations  of   enhancements,   apportionments   of   cost   or   assessments  made,  or   construction, maintenance or repair work carried out, the  cost  of  all   proceedings,  hearings, notifications, filings, recordings, engineering,   legal and other services and expenses which may  lawfully  be  incurred,   including  the cost of acquisition of lands and rights of way, suits and   prosecutions.4.  Notice.  Unless  otherwise  specified,  notice   of   a   hearing,   contemplated  act  or  of an act performed shall be given as provided in   section 15-0903.5. Assessment. As used in title 19 of this article the term assessment   shall mean the whole or any appropriate part of the procedure  by  which   the  cost  of  any  proceeding  or  construction project is made a legal   charge on certain  properties.  It  may  include  the  determination  of   enhancements  and  apportionment  of  construction  and  other costs. It   includes similar proceedings once specified in earlier forms of title 19   of this article, or in former or other general  and  special  laws  with   regard to drainage.6.  Initiation  of  proceedings.  It is the intent of title 19 of this   article that petition may be made to the department to make  any  survey   or  investigation  or  do  any  work that may fall under the purposes of   title 19 of this article notwithstanding the special  provisions  hereof   and  that,  if  it  is advisable or advantageous so to do, more than one   procedure may be carried on at the same time or may be followed out with   respect to a part rather than the whole of  the  district.  Should  such   petition  not  fully  conform  as  to  subject matter with the following   sections, the department is empowered nevertheless to  give  the  relief   desired  by following the specified procedure as nearly as may be and to   assess the cost  of  such  investigations  or  work  on  the  properties   surveyed,  investigated,  appraised,  included  in  an  apportionment or   improved in such manner as may be found most equitable  and  to  conform   most  nearly  with  the specific provisions of title 19 of this article.   Any procedure under this title 19 which may be initiated by petition may   also be initiated by the department on its own motion. In such case  the   department  shall  adopt  an  initiating resolution which shall have the   same force and effect as a petition.7. Served by. A parcel of land is served by  any  ditch  or  structure   useful  for  the  drainage thereof. Thus any ditch which actually drains   the parcel or which intercepts and carries away  water  which  otherwise   would  reach  the  parcel, or any ditches which carry water collected by   such drainage or intercepting ditches serve such parcel.