NY Cty L § 268 (2021)
2021 New York Laws CNT - County Article 5-A - County Water, Sewer, Drainage and Refuse Districts 268 - Increase and Improvement of Facilities.

§  268.  Increase and improvement of facilities. 1. Whenever the board   of supervisors shall determine it necessary to acquire additional  lands   or  interests  in  lands or to acquire or to construct (1) water rights,   wells, reservoirs or basins in order to maintain an adequate  source  of   water  supply,  (2) water quality treatment units or devices and related   apparatus and equipment, (3) additional trunk, interceptor  and  outfall   sewers,  pumping  stations,  sewage  treatment  and  disposal  works and   appurtenances,  street  lateral  sewers,  or   other   facilities,   (4)   additional drains, pumping stations, or other improvements or to perform   other  work  of  a  permanent  nature  such  as  dredging,  widening  or   straightening of streams and water courses, or, (5) refuse disposal  and   incinerator  plants,  including  all  necessary facilities and equipment   appurtenant  thereto;  or  whenever  the  board  of  supervisors   shall   determine  it  necessary  for the proper maintenance and service of such   facilities to increase, improve or reconstruct the  facilities  thereof,   including  the  acquisition  of  additional  lands, or interests in land   therefor, the board of supervisors shall cause a map  and  plan  of  the   proposed  improvement  together  with  an  estimate  of  the  cost to be   prepared by the county engineer or an  engineer  duly  licensed  by  the   state  of New York. When the map and plan and estimate of cost have been   completed, the board of supervisors shall call a public hearing  thereon   and  cause  a  notice  thereof  to be published and posted in the manner   prescribed in section two hundred fifty-four. Such notice shall describe   in general terms the proposed improvement or the location of  the  lands   to  be  acquired,  shall  specify the estimated expense thereof, and, if   zones of assessment have been established in such county district, shall   specify the proposed allocation of the  cost  thereof  as  between  such   zones. Such notice shall further state the time when and the place where   the board will meet to hear all persons interested in the subject matter   thereof.  After  such  hearing  and upon the evidence given thereat, the   board of supervisors shall determine (a) whether it  is  in  the  public   interest  to  acquire  or construct the proposed improvement; and (b) if   zones of assessment have been established in such county  district,  the   allocation  of  the  cost thereof as between such zones. If the board of   supervisors shall decide that it is in the public interest to acquire or   construct the proposed  improvement,  the  board  of  supervisors  shall   direct  the  administrative head or body to proceed with the improvement   in the manner provided by section two hundred  sixty-two.  In  case  the   purchase  of  lands only is involved, the board of supervisors may cause   such lands to be purchased for the district.In Suffolk county, notwithstanding any other general or special law to   the contrary, a sewer district may construct  excess  capacity  for  the   treatment  and  disposal  of sewage and scavenger waste from outside the   district if the district has one or more executory contracts with  other   districts,  municipalities or corporations, public or private, that wish   to avail themselves of such excess capacity.2. In like manner, the board of  supervisors  may,  after  the  public   hearing  held  upon  due  notice, replace obsolete, inadequate, damaged,   destroyed or worn out apparatus  and  equipment  or  acquire  additional   apparatus and equipment.3.  Whenever  it  is  proposed  or required that the county in which a   district is located shall finance an expenditure  or  contract  for  the   purposes authorized in this section by the issuance of the bonds, notes,   certificates  or other evidences of indebtedness of the county therefor,   or shall assume the payment of annual installments of  debt  service  on   obligations  issued  to  finance  the  cost  of  facilities, pursuant to   section two hundred sixty-two of this  article,  and  the  cost  to  the   typical  property  or,  if different, the cost to the typical one or two    family  home  is  above  the  average  estimated  cost  to  the  typical   properties or homes for similar types of expenditures as may be annually   computed  by the state comptroller, no such expenditure shall be made or   contract  let,  unless  the  state  comptroller, on behalf of the state,   shall consent to such expenditure.