New York Town Code § 209-Q

Sewer, drainage or water improvements
Open in Lexace · Ask the AI about this section
§ 209-q. Sewer, drainage or water improvements. 1. Definition and\napplication. (a) The terms "sewer improvement" and/or "drainage\nimprovement", as used in this section, shall mean any facility, service,\nfunction, activity or physical public betterment which may be provided\nby the establishment of a sewer district, wastewater disposal district\nand/or drainage district pursuant to article twelve or twelve-A of this\nchapter.\n  (b) The term "water improvement", as used in this section, shall mean\nany facility, service, function, activity or physical public betterment\nwhich may be provided by the establishment of a water district pursuant\nto article twelve or twelve-A of this chapter.\n  (c) The powers provided by this section shall be deemed to be in\naddition to those provided in article twelve or article twelve-A of this\nchapter and shall not be deemed to limit or supersede any powers\nprovided in either of such articles; provided, however, that nothing in\nthis section shall be deemed to authorize the providing of a sewer,\ndrainage or water improvement in, or the charging of the costs thereof\nagainst any area of the town located in any village.\n  2. Plans, reports and maps. The town board may adopt a resolution\nappropriating a specific amount to pay the cost of preparing a general\nplan, report and map for providing a sewer, drainage or water\nimprovement in the area of the town outside of any villages, or in any\nportion of such area. All such plans, reports and maps shall conform\nwith the requirements of section two hundred nine-c of this chapter. The\ntown board may determine that such plans, reports and maps shall be\nprepared by or under the supervision of town officers and employees to\nbe designated by the town board, or by persons to be employed for the\npurpose, or the town board may contract for the preparation thereof\nwithin the limitations of the amount appropriated. Except as otherwise\nprovided herein, the expense incurred for the preparation of such plans,\nreports and maps shall be a charge on the area of the town outside of\nany villages, and shall be assessed, levied and collected in the same\nmanner as other town charges. If the town board shall thereafter make\nsuch sewer, drainage or water improvement, the expense incurred by the\ntown for the preparation of the plans, reports and maps therefor shall\nbe deemed to be part of the cost of such sewer, drainage or water\nimprovement and the town shall be reimbursed for such portion of that\namount, if any, which the town board, at the public hearing held\npursuant to subdivision three of this section, shall allocate against\nsuch benefited area, if any.\n  3. Hearing. Subsequent to the date of filing of the plan, report and\nmap in the office of the town clerk, as required by section two hundred\nnine-c of this chapter, the town board may adopt an order and enter the\nsame in the minutes of its proceedings reciting the proposed sewer,\ndrainage or water improvement, a description of the boundaries of the\nproposed benefited area, if any, the maximum amount proposed to be\nexpended for the proposed sewer, drainage or water improvement, the\nproposed method of apportioning the costs of such sewer, drainage or\nwater improvement, the proposed method of financing to be employed, the\nfact that a plan, report and map describing the same are on file in the\ntown clerk's office for public inspection and specifying the time when\nand the place where such board will meet and hold a public hearing at\nwhich all persons interested in the subject thereof may be heard\nconcerning the same. The board shall cause a copy of such order to be\npublished at least once in a newspaper or newspapers designated pursuant\nto subdivision eleven of section sixty-four of this chapter, the first\npublication thereof to be not less than ten nor more than twenty days\nbefore the day set therein for the hearing, and shall also cause a copy\nthereof to be posted upon the bull

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.