NY Cty L § 280-G (2021)
2021 New York Laws CNT - County Article 5-B - County Hurricane Protection, Flood and Shoreline Erosion Control Districts 280-G - Establishment of a County District.

§  280-g.  Establishment  of  a  county  district.  Upon  the evidence   presented at the public hearing, and after due consideration of the maps   and plans, reports, recommendations and other data filed  with  it,  the   governing  body  shall  determine,  by  resolution,  whether  or not the   proposed facilities are satisfactory and sufficient  and,  if  it  shall   determine such question in the negative, it shall remand the proceedings   to  the  agency  for  further  study. The agency shall make such further   study and amend and revise the maps and plans (including  the  zones  of   assessment  and  allocation  of  costs  if  the  maps  and plans provide   therefor) in conformance with  its  findings,  and  shall  hold  further   hearings  thereon,  in  the same manner as hereinbefore provided. If the   revised maps and plans call for an increase  in  the  estimated  maximum   expenditure  for  the  project,  alter  the  boundaries  of the proposed   district, or if the maps and plans provide for zones of  assessment  and   allocation  of  the  cost of the facilities, alter the boundaries of the   proposed zones of assessment or change the allocation or  the  costs  of   the  facilities  as  between the zones of assessment, the governing body   shall call a further public hearing thereon in the  manner  provided  in   section  two  hundred eighty-e.  When the governing body shall find that   the proposed facilities are adequate and appropriate, it  shall  further   determine  by  resolution,  (1)  whether  all  the property and property   owners within the proposed district are benefited thereby,  (2)  whether   all  of  the  property and property owners benefited are included within   the limits of the proposed district, (3) whether it  is  in  the  public   interest  to  establish  the district and (4) if said maps and plans and   report recommended the establishment of  zones  of  assessment  and  the   allocation  of  the  costs  of  the  facilities as between such zones of   assessment, whether such zones of assessment and the allocation  of  the   costs  of  the  facilities  thereto  represent  as  nearly as may be the   proportionate amount of benefit which the several lots  and  parcels  of   land situate in such zones will derive therefrom.If  the  governing  body  shall  determine  that  it  is in the public   interest to establish the district, but shall find that (1) any part  or   portion  of the property or property owners within the proposed district   are not benefited thereby or (2) that certain property owners  benefited   thereby  have  not been included therein, or (3), if zones of assessment   are proposed to be established and  the  cost  of  facilities  allocated   among said zones of assessment, that any part or portion of the property   or property owners within a proposed zone of assessment should be placed   in  a different zone of assessment or that a different allocation of the   cost should be made as between the zones of  assessment,  the  governing   body  shall  specify  the  necessary  changes  of  the boundaries of the   proposed district or the necessary changes  of  the  boundaries  of  any   proposed  zone  of  assessment  or  the  necessary  changes  as  to  the   allocation of costs, as the case may be, to be made in order that all of   the property and property owners and only such property  owners  as  are   benefited  shall  be included within such proposed district, or in order   that such zones of assessment and the allocation of  the  costs  of  the   facilities thereto shall represent as nearly as may be the proportionate   amount  of benefit which the several lots and parcels of land situate in   such zones will derive therefrom, and the governing body  shall  call  a   further  hearing  at a definite place and time not less than fifteen nor   more than twenty-five days after  such  determination.  Notice  of  such   further hearing shall be published in the manner provided in section two   hundred  eighty-e, except that such notice shall also specify the manner   in which it  is  proposed  to  alter  the  boundaries  of  the  proposed   district, or the boundaries of the zones of assessment or the allocation   of  the  costs of the facilities as between said zones of assessment, as    the case may be. If and when the governing body shall determine  in  the   affirmative all of the questions set forth above, the governing body may   adopt  a  resolution approving the establishment of the district, as the   boundaries  shall  be  finally  determined,  and the construction of the   improvement, and if zones of assessment have  been  established  and  an   allocation  of the costs of the facilities made as between such zones of   assessment, further approving the establishment of the initial zones  of   assessment  and the initial allocation of the costs of the facilities as   between said zones of assessment.  Such resolution shall be  subject  to   permissive referendum as hereinafter provided.