2023 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.