NY Env Conserv L § 15-2303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 23 - River Improvement 15-2303 - River Improvement Districts.

§ 15-2303. River improvement districts.1.  Bodies  corporate  which  shall  consist  of and be known as river   improvement districts may be created as herein provided to carry out the   purposes of title 23 of this article on some particular stream  or  part   thereof.  Such  river  improvement  districts  are declared to be public   corporations and  shall  have  perpetual  existence  and  the  power  to   acquire,  hold  or  sell  such  real  estate or other property as may be   necessary, to sue and to be sued,  to  incur  contract  liabilities,  to   exercise  the right of eminent domain and of assessment and taxation and   to do all acts and exercise  all  powers  necessary  to  accomplish  the   purposes  of title 23 of this article. Such powers shall be exercised by   and in the name of the district. The  governing  body  of  the  district   shall  be  the department, unless such district be combined with a river   regulating district as provided below. Any watershed of the state or any   integral part of such watershed may be created into a river  improvement   district  pursuant  to  the  provisions of title 23 of this article. The   debts, liabilities and  obligations  incurred  by  a  river  improvement   district  shall  in  no  event  be  construed  as  debts, liabilities or   obligations of the State of New York, and neither the department nor any   member thereof in his individual capacity shall be liable therefor.  Any   river  improvement  districts  heretofore formed under the provisions of   this chapter are hereby declared to be  bodies  corporate  and  all  the   provisions of this section shall be applicable to such river improvement   districts.  The general provisions and definitions appearing in sections   15-1903 and 15-2101 are also applicable to title 23.2. Any county, city, town or village, or any person or persons  owning   lands  situated  on,  bordering  on or near any river or watercourse may   present to the department a petition, duly  verified,  praying  for  the   formation  of a river improvement district. The petition shall set forth   the facts as to the effects on life, health, welfare and property of the   present flow of  the  stream  and  may  state  the  method  whereby  the   petitioners believe that the conditions complained of can be remedied or   bettered.  The  department  may by rule prescribe the form and nature of   the  contents  of  such  petition.  On  receipt  of  such  petition  the   department shall cause the matter to be investigated. The department may   make  tentative  determinations as to remedial measures, what properties   would be benefited, the cost of the work and the division of such  costs   between  public corporations and private owners; or it may find that the   relief sought is  impracticable  or  not  of  sufficient  importance  to   warrant state interference.3. Notice of a hearing shall be given as follows:a.  The department shall set forth the material in subdivision 2 above   in a report which shall be filed and notice  of  such  filing,  together   with  the  notice  of  a  public hearing thereon, shall be given. If the   report is favorable, the notice shall also  state  that  the  department   contemplates the making of a survey and of an assessment of the costs of   the  project,  the costs of which survey and assessment will be assessed   on the properties  and  public  corporations  surveyed  or  assessed  as   beneficiaries.b.  Whenever the department is required to give notice of a hearing or   of any act performed or contemplated, it shall be  given  in  accordance   with the provisions of subdivision 1 of section 15-0903.4.  At  the  hearing the department shall hear testimony and arguments   with regard to the proposed project.  Thereafter  the  department  shall   determine  whether  the  public  health,  safety  or welfare require the   formation of the district and shall  make  a  final  order  with  regard   thereto.  Such an order forming a district shall describe the boundaries   thereof and state the name of the district and shall include  orders  to    make  surveys, studies, estimates and assessments. The final order shall   be filed and notice of such filing given.5. The department may proceed to make such surveys of the lands in the   proposed  district  and  the boundaries thereof and of the river and its   tributaries and such other areas as may be necessary. For  the  carrying   out  of  the purposes of this title 23 the department and its authorized   agents may enter upon any such land as in its judgment may be necessary,   the district being liable only  for  actual  damage  done  thereby.  The   amount of such damages may be agreed upon between the department and the   owner  or  occupant  of such lands or if they cannot agree the amount of   such damages shall be ascertained and determined by proper court action.6. After the completion of the surveys the  department  shall  prepare   maps  of  the  proposed  district  showing  the  boundaries thereof, the   boundaries and area of each public corporation in  so  far  as  it  lies   within  the  district,  the  boundaries  of  each  parcel of land in the   district which is to be directly assessed, together with the name of the   owner thereof as far as the same may be ascertained.  Where a parcel  is   intersected  by  the  boundary of a public corporation, the area in such   parcel in each such public corporation shall be  separately  given.  The   boundaries  shall  include  all  properties  benefited,  and may include   properties not benefited if necessary to make the district a  continuous   area with reasonably simple boundaries. Such maps shall also show as far   as  may  be  necessary  the  topography,  and the natural and artificial   features of the lands within the district or elsewhere.  The  department   shall  also  show  on such maps and other plans the location and general   structural details of such works as may be  required  for  the  proposed   improvement.  The department shall also prepare a general description of   the proposed works and an estimate of  the  cost  of  constructing  such   works.7.  The  department  shall  also determine the amount of benefit which   will accrue to each parcel of land in the district and  shall  apportion   the  cost  of  such work among such parcels in proportion to the benefit   which each will derive therefrom.  If  the  department  finds  that  any   public corporation will be benefited in its corporate capacity, it shall   state  what  proportion of the total cost of the works or of the various   parts thereof shall be borne by such public  corporation  and  only  the   remaining  portion  of  the  work  shall  be  assessed on the individual   owners. The department shall prepare a statement of its  assessment  and   apportionment. Certified copies of such maps, plans, estimates and other   papers and of the assessment and apportionment shall be filed and notice   of  such  filing and of the time and place for the hearing thereof shall   be given.8. Thereafter the department shall proceed to hold the hearing and  to   consider  the  testimony  and  arguments  presented thereat. If it shall   appear that additional areas should be included in the district and that   additional surveys are necessary, the department shall so determine  and   may  proceed  to make such surveys in the same manner as is provided for   the original surveys. Upon completion of such  hearings  the  department   shall determine whether or not it is to the public interest to grant the   petition,  form  the  district  and  carry  out the project, whether all   properties which will be benefited by the proposed works are included in   the district and whether the assessment and apportionment  is  just  and   equitable,  and  it  shall  make  a  final  order  with  regard thereto.   Certified copies of such final order shall be filed and notice  of  such   filing  given.  After  the  expiration of the time for review of such an   order, if no review is had,  or  after  the  review  is  completed,  the   department  shall  cause  the same to be recorded. The district shall be   held to have been formed on the  date  of  such  final  order  but  such    formation shall not be effective until such order as made or as modified   on review shall have been recorded.9.  Any  determination,  apportionment, decision, order, maps or plans   which the provisions of this title require to be  filed  and  notice  of   such  filing  to  be  given, except in the case where a hearing is to be   held may be reviewed by any interested  party  as  provided  in  section   15-0905.10. Wherever it is required in title 23 of this article 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. Wherever it is required in title 23 of this article  that  any   document  be  recorded,  the  department  shall  cause  a certified copy   thereof to be sent to the clerk of each county, any  part  of  which  is   included  in  the  district  or  proposed district, and such clerk shall   thereupon record such document.11.  The  department  may  change  the  boundaries  of   a   district,   consolidate two or more districts or subdivide an existing district into   two  or  more districts, the procedure for which shall be the same as is   provided for herein for the formation of a district, in so  far  as  the   same is applicable.12. Apportionment of costs shall be as follows:a.  Whenever  it is practicable so to do, the department shall include   in the cost of any survey made, or construction, maintenance  or  repair   work  carried  out under provisions of title 23 of this article the cost   of  all  proceedings,  hearings,  notifications,  filings,   recordings,   engineering,  legal  and  all other services and expenses which lawfully   may be  incurred,  including  the  cost  of  acquisition  of  lands  and   rights-of-way, suits and prosecutions.b.  To pay the expenses of the surveys, preparation of maps, plans and   estimates, the making of the assessment, the  holding  of  the  required   hearings  and  other matters required by the provisions of this section,   the department may make funds available therefor. The assessment of such   costs shall be divided between public corporations and  private  persons   in the manner set forth in the district assessment; the remaining amount   shall  be  assessed  on  all  the properties in the proposed district as   shown by the maps filed in proportion to the assessed valuation of  such   properties.  In  the event that any such property is cut by the district   boundary, the department shall request the local assessors to divide the   assessment between the portion within and that without the district  and   it shall be the duty of such assessors to make such division.13. At any time after the formation of a district petition may be made   to  the  department  for additional construction or for major changes in   the project already adopted or the department, of its  own  motion,  may   suggest such changes or additions. The procedure shall be that specified   in this section as far as it is applicable.  The same procedure may also   be  followed in order to authorize the raising of additional funds for a   project already adopted, should it be found that sufficient  funds  were   not originally authorized.