State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-d

§ 280-d. Preparation of maps and plans. A petition may be presented to  the governing body 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 existing district, any part  of which is included within such area or areas, by the  chief  executive  officer  of  such  municipality,  or of such existing district serving a  similar function as the district to be established hereunder. In lieu of  execution of the  petition  by  the  chief  executive  officer  of  such  municipality  or  existing  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 existing district. Upon  presentation of such a petition or on its own motion, the governing body  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, existing 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 governing body  shall direct the agency to accept or prepare  the  same.  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 dunes, bluffs,  bulkheads, dikes, groins, jetties, fills and other works, facilities and  improvements, (4) a description of  the  land  or  water  rights  to  be  acquired,  and  (5)  estimates  of  the  cost  of  construction  of  the  facilities as shown on the maps and plans and the  method  of  financing  the  same.  Such  maps  and  plans  shall  be consistent with, so far as  possible, any comprehensive plan for  hurricane  protection,  flood  and  shoreline  erosion control developed by the state or national government  for that purpose.    If the report of the agency required by section two  hundred  eighty-e  of  this  article 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.    Where  acceptable  maps,  plans and related data have theretofore been  prepared  by  or  for  one  or  more  existing  or  proposed   hurricane  protection, flood and shoreline erosion control districts, the governing  body  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 agency shall reimburse the municipalities, existing  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 be deemed part of the cost of the construction  of the facilities by the agency.

State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-d

§ 280-d. Preparation of maps and plans. A petition may be presented to  the governing body 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 existing district, any part  of which is included within such area or areas, by the  chief  executive  officer  of  such  municipality,  or of such existing district serving a  similar function as the district to be established hereunder. In lieu of  execution of the  petition  by  the  chief  executive  officer  of  such  municipality  or  existing  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 existing district. Upon  presentation of such a petition or on its own motion, the governing body  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, existing 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 governing body  shall direct the agency to accept or prepare  the  same.  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 dunes, bluffs,  bulkheads, dikes, groins, jetties, fills and other works, facilities and  improvements, (4) a description of  the  land  or  water  rights  to  be  acquired,  and  (5)  estimates  of  the  cost  of  construction  of  the  facilities as shown on the maps and plans and the  method  of  financing  the  same.  Such  maps  and  plans  shall  be consistent with, so far as  possible, any comprehensive plan for  hurricane  protection,  flood  and  shoreline  erosion control developed by the state or national government  for that purpose.    If the report of the agency required by section two  hundred  eighty-e  of  this  article 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.    Where  acceptable  maps,  plans and related data have theretofore been  prepared  by  or  for  one  or  more  existing  or  proposed   hurricane  protection, flood and shoreline erosion control districts, the governing  body  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 agency shall reimburse the municipalities, existing  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 be deemed part of the cost of the construction  of the facilities by the agency.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-d

§ 280-d. Preparation of maps and plans. A petition may be presented to  the governing body 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 existing district, any part  of which is included within such area or areas, by the  chief  executive  officer  of  such  municipality,  or of such existing district serving a  similar function as the district to be established hereunder. In lieu of  execution of the  petition  by  the  chief  executive  officer  of  such  municipality  or  existing  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 existing district. Upon  presentation of such a petition or on its own motion, the governing body  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, existing 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 governing body  shall direct the agency to accept or prepare  the  same.  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 dunes, bluffs,  bulkheads, dikes, groins, jetties, fills and other works, facilities and  improvements, (4) a description of  the  land  or  water  rights  to  be  acquired,  and  (5)  estimates  of  the  cost  of  construction  of  the  facilities as shown on the maps and plans and the  method  of  financing  the  same.  Such  maps  and  plans  shall  be consistent with, so far as  possible, any comprehensive plan for  hurricane  protection,  flood  and  shoreline  erosion control developed by the state or national government  for that purpose.    If the report of the agency required by section two  hundred  eighty-e  of  this  article 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.    Where  acceptable  maps,  plans and related data have theretofore been  prepared  by  or  for  one  or  more  existing  or  proposed   hurricane  protection, flood and shoreline erosion control districts, the governing  body  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 agency shall reimburse the municipalities, existing  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 be deemed part of the cost of the construction  of the facilities by the agency.