253-B - Amendment or modification of plans.

§  253-b.  Amendment  or  modification  of  plans.  When  the board of  supervisors or county legislature  shall  have  established  a  district  pursuant  to this article and adopted a plan of a service or improvement  for such district, such plan shall not  be  modified  by  the  board  of  supervisors  or any officer of the county nor by the administrative head  or body of such  district  except  as  provided  in  this  section.  The  administrative  head  or  body  shall  submit a report in writing to the  board of supervisors specifying the particulars in which it is  proposed  to  modify  such  plan.  Upon  receipt  of  such  report  the  board  of  supervisors shall adopt a resolution calling a public  hearing  thereon.  Notice  of  such public hearing shall be given in the manner provided by  section two hundred fifty-four of the  county  law.  Such  notice  shall  specify  in terms sufficient for identification the particulars in which  it is proposed to modify the plan of the service or improvement, and the  time and place when the board of  supervisors  will  meet  to  hear  and  consider  any objections which may be made thereto, which time and place  shall be not less than ten nor more than twenty  days  after  the  first  publication  of  such  notice. When any change shall be made in the plan  proposed and once adopted, a revised or additional map and profile shall  be made showing the change, and all such  maps  and  profiles  shall  be  carefully  preserved in the office of the county clerk, or if the county  district shall have an office, in the office of  such  county  district,  and  shall  be open to inspection by all persons interested. However, in  the  case  of  water  quality   treatment   districts,   amendments   or  modifications  of plans must have the written approval of the department  of health prior to adoption. At the request of an owner of a  parcel  of  property  within  the county, if the private well water on such property  is contaminated, a water quality treatment district plan may be amended,  from time to time, to include said parcel of property. If an owner of  a  parcel  of  property  within  the  county  requests  exclusion  from the  district, such request shall be granted without the state department  of  health  approval  and  without  the  procedure  set forth in section two  hundred fifty-six of this article. The removal of a parcel  of  property  from a district shall in no way affect the owner's liability for charges  which   have  accrued  against  the  owner's  property,  prior  to  said  exclusion, for the procurement, installation, modification,  replacement  and  removal of a water quality treatment unit or device or for expenses  of operation and maintenance including monitoring, testing, regenerating  and treating. Should a public  or  private  water  system,  supplier  or  authority  commence  supplying  water to any parcel of property within a  water quality treatment district,  such  parcel  of  property  shall  no  longer  be  considered part of the water quality treatment district, and  all services  to  such  parcels  shall  be  terminated.  Termination  of  services shall include, the removal of all water quality treatment units  or  devices  and  a  charge  for  the  cost of doing so to the benefited  property, except when such unit or device was acquired and owned by  the  property  owner or when the district determines that such unit or device  is obsolete and no longer useful for any district purpose.