253 - Preparation of maps and plans.

§ 253. Preparation of maps and plans. * 1. A petition may be presented  to  the  board of supervisors requesting that a certain area or areas of  the county be established as a county district. Such petition  shall  be  executed  and  acknowledged on behalf of a municipality or district, any  part of which is included within  such  area  or  areas,  by  the  chief  executive officer of such municipality, or of such district furnishing a  similar  service as the district to be established hereunder. In lieu of  execution of the  petition  by  the  chief  executive  officer  of  such  municipality  or district, the petition may be executed and acknowledged  by at least twenty-five  owners  of  taxable  real  property  of  record  situated  within such municipality or district, or in Suffolk county, if  all  of  the  taxable  real  property  of  record  situate  within  such  municipality  which  is to be included within a certain area or areas of  the county to be established as a county district is  owned  by  one  or  more but less than twenty-five owners, then the petition may be executed  and  acknowledged by one or more of said owners within the area or areas  to be established as a county district.  Upon  presentation  of  such  a  petition  or  on its own motion, the board of supervisors may direct the  agency to cause maps and plans to be prepared for a project as requested  in the petition or for the establishment of a certain area or  areas  of  the  county  as  a  county  district,  provided,  however,  that  if the  petitioning  municipality,  district  or  owners  of  taxable   property  undertake  to  furnish  or pay the cost of such maps and plans at its or  their cost and expense, the board of supervisors shall direct the agency  to accept or prepare the same. In the case of a petition  to  create  or  extend  a water quality treatment district, the petition may be executed  and acknowledged by one or more of the owners of taxable  real  property  of  record situated within such municipality whose private well water is  contaminated. At the time the petition  is  executed  and  acknowledged,  notice  and  copy  of  such  petition  shall  be  submitted to the state  department of health. Such maps or plans shall show (1)  the  boundaries  of  the area or areas which the agency in its judgment considers will be  benefited by the particular project, (2) a description of  the  area  or  areas sufficient to permit definite and conclusive identification of all  parcels  of  property included therein, (3) the proposed location of all  facilities such as (a) reservoirs, stand pipes, wells, pumping stations,  water purification or treatment works, mains and hydrants, the source of  water supply, a description of the lands, streams, water or water rights  to be acquired and the mode of constructing the  proposed  water  works,  (b)  benefited  parcels of properties with water quality treatment units  or devices installed prior to the formation of the district and/or those  properties requiring installation of water quality  treatment  units  or  devices  and the mode and frequency of testing, monitoring, modifying if  required, operation and maintenance, regenerating of such water  quality  treatment  units  or  devices and the administering of the treatment and  disposal of residuals and any other requirements pursuant to  rules  and  regulations  adopted  by  the  public  health  council under section two  hundred  twenty-five  of  the  public  health  law.  Any  water  quality  treatment unit or device which has been installed prior to the formation  of  the  district  must  be  approved  pursuant to rules and regulations  adopted  by  the  public  health  council  under  section  two   hundred  twenty-five  of  the public health law, prior to acceptance of such unit  or device and its benefited property within  the  district,  (c)  trunk,  interceptor  and  outfall sewers, pumping stations, sewage treatment and  disposal works, (d) properties requiring construction or replacement  of  private  on-site  wastewater disposal systems and the mode and frequency  of  conveying,  treating  and  disposing  of  wastewater  and   residual  wastewater,  (e)  drains,  ditches,  channels,  pumping  stations, dams,dikes, bulkheads  and  retaining  walls,  or  (f)  refuse  disposal  and  incinerator plants and all necessary appliances appurtenant thereto, (4)  estimates  of  the cost of construction, or procurement and installation  of  the  facilities,  and/or  in  the  case  of  water quality treatment  districts, estimates of the costs of monitoring, testing, modifying,  if  required,  operation and maintenance, regenerating of such water quality  treatment units or devices and the treatment and disposal of  residuals,  as  shown on the maps and plans and the method of financing the same and  (5) an evaluation of rehabilitation  needs  based  upon  water  quality,  public  use  and  private development, special wildlife, scenic or other  values,  sedimentation,  shoreland  zoning,   potential   for   adequate  pollution  and erosion controls within the drainage basin, and potential  for future successful management. Such  maps  and  plans  pertaining  to  sewer  districts  shall  be  consistent  with,  so  far as possible, any  comprehensive plan for sewers developed pursuant to section  17-1901  of  the  environmental  conservation  law. Such maps and plans pertaining to  water districts shall be  consistent  with,  so  far  as  possible,  any  comprehensive plan for public water supply systems developed pursuant to  title thirteen of article fifteen of the environmental conservation law.    * NB Effective until December 1, 2010    * 1.  A  petition  may  be  presented  to  the  board  of  supervisors  requesting that a certain area or areas of the county be established  as  a  county  district. Such petition shall be executed and acknowledged on  behalf of a municipality or district, any  part  of  which  is  included  within  such  area  or  areas,  by  the  chief executive officer of such  municipality, or of such district furnishing a similar  service  as  the  district  to  be  established  hereunder.  In  lieu  of execution of the  petition  by  the  chief  executive  officer  of  such  municipality  or  district,  the  petition  may  be  executed and acknowledged by at least  twenty-five owners of taxable real property of  record  situated  within  such  municipality  or  district,  or  in  Suffolk county, if all of the  taxable real property of record situate within such  municipality  which  is  to  be  included  within a certain area or areas of the county to be  established as a county district is owned by one or more but  less  than  twenty-five  owners,  then the petition may be executed and acknowledged  by one or more of said owners within the area or areas to be established  as a county district. Upon presentation of such a petition or on its own  motion, the board of supervisors may direct the agency to cause maps and  plans to be prepared for a project as requested in the petition  or  for  the  establishment  of a certain area or areas of the county as a county  district, provided,  however,  that  if  the  petitioning  municipality,  district  or  owners of taxable property undertake to furnish or pay the  cost of such maps and plans at its or their cost and expense, the  board  of supervisors shall direct the agency to accept or prepare the same. In  the  case  of  a  petition to create or extend a water quality treatment  district, the petition may be executed and acknowledged by one  or  more  of  the  owners  of taxable real property of record situated within such  municipality whose private well water is contaminated. At the  time  the  petition  is executed and acknowledged, notice and copy of such petition  shall be submitted to the state department of health. Such maps or plans  shall show (1) the boundaries of the area or areas which the  agency  in  its  judgment considers will be benefited by the particular project, (2)  a description of the area or areas sufficient  to  permit  definite  and  conclusive  identification  of all parcels of property included therein,  (3) the proposed location of all  facilities  such  as  (a)  reservoirs,  stand  pipes,  wells,  pumping stations, water purification or treatment  works, mains and hydrants, the source of water supply, a description  of  the lands, streams, water or water rights to be acquired and the mode ofconstructing   the  proposed  water  works,  (b)  benefited  parcels  of  properties with water quality treatment units or devices installed prior  to the formation of  the  district  and/or  those  properties  requiring  installation  of  water  quality treatment units or devices and the mode  and frequency of testing, monitoring, modifying if  required,  operation  and  maintenance,  regenerating of such water quality treatment units or  devices and the administering of the treatment and disposal of residuals  and any other requirements pursuant to rules and regulations adopted  by  the  public health and health planning council under section two hundred  twenty-five of the public health law. Any water quality  treatment  unit  or  device  which  has  been  installed  prior  to  the formation of the  district must be approved pursuant to rules and regulations  adopted  by  the  public health and health planning council under section two hundred  twenty-five of the public health law, prior to acceptance of  such  unit  or  device  and  its  benefited property within the district, (c) trunk,  interceptor and outfall sewers, pumping stations, sewage  treatment  and  disposal  works, (d) properties requiring construction or replacement of  private on-site wastewater disposal systems and the mode  and  frequency  of   conveying,  treating  and  disposing  of  wastewater  and  residual  wastewater, (e)  drains,  ditches,  channels,  pumping  stations,  dams,  dikes,  bulkheads  and  retaining  walls,  or  (f)  refuse  disposal and  incinerator plants and all necessary appliances appurtenant thereto, (4)  estimates of the cost of construction, or procurement  and  installation  of  the  facilities,  and/or  in  the  case  of  water quality treatment  districts, estimates of the costs of monitoring, testing, modifying,  if  required,  operation and maintenance, regenerating of such water quality  treatment units or devices and the treatment and disposal of  residuals,  as  shown on the maps and plans and the method of financing the same and  (5) an evaluation of rehabilitation  needs  based  upon  water  quality,  public  use  and  private development, special wildlife, scenic or other  values,  sedimentation,  shoreland  zoning,   potential   for   adequate  pollution  and erosion controls within the drainage basin, and potential  for future successful management. Such  maps  and  plans  pertaining  to  sewer  districts  shall  be  consistent  with,  so  far as possible, any  comprehensive plan for sewers developed pursuant to section  17-1901  of  the  environmental  conservation  law. Such maps and plans pertaining to  water districts shall be  consistent  with,  so  far  as  possible,  any  comprehensive plan for public water supply systems developed pursuant to  title thirteen of article fifteen of the environmental conservation law.    * NB Effective December 1, 2010    2.  If  the  report  of  the  agency  required  by section two hundred  fifty-four  of  this  chapter  shall  contain  recommendations  for  the  establishment  of  two  or  more  zones  of  assessment  within a county  district, such maps and plans shall show the boundaries of each of  such  zones   and  the  estimated  initial  allocation  of  the  cost  of  the  construction of the facilities recommended to be charged to each of such  zones.    3. Where acceptable maps, plans and related data have theretofore been  prepared by or for one or more existing or proposed municipal special or  improvement districts, the board of supervisors may, instead,  authorize  the  agency  to adopt and utilize such maps, plans and data and, where a  county district is thereafter  established  and  facilities  constructed  thereby  on  the  basis of such maps, plans and data, the district shall  reimburse the municipalities, districts or persons who have paid for all  or part of the cost of such maps, plans and data in a reasonable  amount  to  be  agreed  upon among them, which amount shall not exceed their net  expenditures therefor, and shall not include any  portion  of  the  cost  paid  from  federal  or  state aid and which amount, when paid, shall bedeemed part of the cost of the construction of  the  facilities  by  the  agency.