2023 New York Laws › CNT - County › Article 5-A - County Water, Sewer, Drainage and Refuse Districts › 254 - Public Hearing; Cost to Typical Property.

§  254. Public hearing; cost to typical property.  1.  When the agency
has caused such maps and plans to be prepared, it shall transmit them to
the board of supervisors, together with a report of its proceedings  and
its  recommendations,  including  a  recommendation  as to what officer,
board or body should be the administrative head or body of the  proposed
district.  Such  report may further include the recommendations relating
to the establishment of two or  more  zones  of  assessment  within  the
proposed  district  and  the estimated initial allocation of the cost of
the construction of the facilities as between such zones to be assessed,
levied and collected in each zone in the same manner  and  at  the  same
time  as  other  county charges. Upon receipt of the report and the maps
and plans, the board of supervisors shall call a public hearing  upon  a
proposal  to  establish a county district, to comprise the area or areas
described and defined in said maps and plans. No public hearing shall be
called to establish a water quality treatment district  until  the  maps
and  plans  have  been submitted to and approved in writing by the state
department of health.  Copy of such notice of approval or denial of  the
maps and plans shall be filed in the office of the clerk of the board of
supervisors  of  the  county  in which the proposed district is located.
The clerk of the board of supervisors shall cause a notice of the public
hearing to be published at least once in the official newspapers of  the
county  and in such other newspapers having a general circulation in the
proposed district as  the  board  may  direct,  the  first  publications
thereof  to be not less than ten or more than twenty days before the day
set therein for the hearing. The  notice  of  hearing  shall  contain  a
description  of  the  area  or  areas to be included within the proposed
district, and if the report shall have recommended the establishment  of
zones  of  assessment, a description of the area or areas to be included
within each zone of assessment, the improvements proposed,  the  maximum
amount to be expended for the improvement, the estimated cost of hook-up
fees,  if  any,  to,  and  the cost of the district or extension to, the
typical property and, if different, the typical one or two family  home,
the allocation of such maximum amount as between the zones of assessment
recommended,  if  any, the proposed method of assessment of the cost and
shall specify the time when and place where  the  board  of  supervisors
will  meet  to  consider  the  matter and to hear all parties interested
therein concerning the same.  In the event that zones of assessment  are
provided  for  and  an allocation of cost of the facilities between such
zones of assessment, said notice shall further state that said zones  of
assessment and said allocations of cost may be changed from time to time
by resolution of the board of supervisors adopted after a public hearing
whenever said board of supervisors shall determine that such changes are
necessary  in  the  public  interest.    Prior to the publication of the
notice of hearing, the board of supervisors shall cause to be  prepared,
and  file  for  public  inspection  with  the  county  clerk, a detailed
explanation of how the estimated cost of hook-up fees, if any,  to,  and
the  cost  of the district or extension to, the typical property and, if
different, the typical one or two family home was computed.
2. (a) If the permission of the  state  comptroller  is  not  required
pursuant  to section two hundred fifty-eight, two hundred sixty-eight or
two hundred sixty-nine  of  this  article  because  it  is  proposed  or
required  that  the  county  in  in  which the district is located shall
finance the proposed cost by the issuance of 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  but  the  cost  to typical property or, if
different, the cost to the typical one or two family home is  not  above

the average cost threshold described in those sections, a certified copy
of  the notice of hearing shall also be filed with the state comptroller
on or about the date of publication of the notice.
(b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
subdivision, the state comptroller shall not be precluded from requiring
the submission of additional information or data in such form and detail
as the state comptroller  shall  deem  sufficient  or  from  causing  an
investigation  to be made with respect to the establishment or extension
of a district or an increase in the maximum amount to be expended.