2023 New York Laws › CNT - County › Article 5-B - County Hurricane Protection, Flood and Shoreline Erosion Control Districts › 280-U - Assessment of the Cost.

§ 280-u. Assessment of the cost. The expense of the establishment of a
  district   and   of   providing   improvements  therein,  including  the
  improvements  described  in  section  two  hundred  eighty-s,  shall  be
  assessed, levied and collected from the several lots and parcels of land
  within  the  district  in the same manner and at the same time as county
  charges, except that before any special assessment is levied pursuant to
  this  section,  the  governing  body  shall  increase  or  diminish  the
  aggregate  valuations of real estate in that portion of any tax district
  included within the county district by following the  equalization  rule
  set  forth  in  section eight hundred four of the real property tax law.
  The annual expense of  operation  and  maintenance  shall  be  assessed,
  levied  and  collected  in  the  same manner and at the same time as the
  expense of the improvement is assessed, levied and collected.
Notwithstanding any other provisions  of  this  chapter  if  zones  of
  assessment have been initially established, and an initial allocation of
  the  total estimated cost of the facilities have been made to such zones
  of assessment, the amount of the cost of the facilities so allocated  to
  any  such  zone  of  assessment  shall  be annually assessed, levied and
  collected from the several lots and parcels of land within said zone  of
  assessment  within  the district in the same manner and at the same time
  as other county charges, except that before any  special  assessment  is
  levied  pursuant  to  this section, the governing body shall increase or
  diminish the aggregate valuations of real estate in that portion of  any
  such zone of assessment included within the county district by following
  the  equalization  rule  set  forth in section eight hundred four of the
  real property tax law. The annual expense of operation  and  maintenance
  shall  annually  be allocated by the governing body as between the zones
  of assessment  of  the  district  and  shall  be  assessed,  levied  and
  collected  from the several lots and parcels of land within each zone of
  assessment chargeable therewith, in the same manner and at the same time
  as county charges. Provided, however, that for  a  hurricane  protection
  project  such  assessment  shall  be  at a rate not to exceed twenty per
  centum of the net annual cost to the county for  such  improvement  when
  such  lot  or parcel is publicly used or owned and not to exceed seventy
  per centum of such cost when the  lot  or  parcel  is  privately  owned.
  Provided  further,  that  for  single purpose flood or shoreline erosion
  control projects, such assessment shall be at a rate up to  one  hundred
  per  centum  of  the  net  annual cost to the county whether such lot or
  parcel is publicly or privately owned.
The governing  body,  after  holding  a  public  hearing  upon  notice
  published in the same manner as provided in section two hundred eighty-e
  of  this article, from time to time, by resolution may change either (1)
  the allocation of the cost of such improvements as between such zones of
  assessment or (2) the boundaries of  such  zones  of  assessment.  After
  adoption of such resolution, application shall be made to the department
  of  audit  and  control  in  the  manner provided in section two hundred
  eighty-i of this article for a determination as to whether the  proposed
  changes  will result in an undue burden upon the property of any zone of
  assessment. The state comptroller  shall  make  an  order  in  duplicate
  granting  or denying permission for the proposed changes and thereafter,
  proceedings shall be taken in the same manner provided  in  section  two
  hundred eighty-i of this article.
Nothing  in  this  section contained shall be construed to prevent the
  financing in whole or in part, pursuant to the  local  finance  law,  of
  expenditures made pursuant to this article.