1. Application for the repair, enlargement or cleaning out of any
ditch originally constructed or repaired by assessment under the
provisions of title 19 of this article, or any former general or special
drainage laws, if within a drainage improvement district and if the
total cost thereof shall not exceed two per cent of the total of the
drainage enhancements of all parcels served by such ditch, may be made
by any three or more persons liable to be assessed therefor. Such
application shall be made by written petition, verified by at least one
of the signers thereof, setting forth the work desired, the estimated
cost thereof and the need therefor.
2. On receipt of such petition the department shall cause an
examination to be made of such ditch or ditches, an estimate of the cost
of such repairs and improvements and a special apportionment of the cost
thereof to be prepared, and shall file a statement of these matters.
Thereafter, after due notice, the department shall hear all interested
parties with regard thereto. The filing of written objections shall not
be required. If after the hearing the department shall determine that
the work can be done under this section, is necessary and is desired by
the owners of the lands involved, it may proceed to make such repairs or
enlargements. The cost of such repairs and expenses of the hearing and
examination generally shall be apportioned upon the properties served by
the work in accordance with the general or a previous special
apportionment of the cost of such ditch or part of a ditch.
3. If the department shall find that changes should be made in the
apportionment, or, for any other reason, that the work should not be
done under the provisions of this section, it may so specify in its
order, giving its reasons therefor, and return the case to the
applicants for further petition. Money to pay for such work shall be
raised pursuant to the Local Finance Law and as elsewhere herein
provided. The whole cost of such work shall be collected within not to
exceed three years from the date of completion of the project as may be
determined by the department.
Structure New York Laws
ENV - Environmental Conservation
15-1903 - General Provisions and Definitions.
15-1905 - Drainage Improvement Districts.
15-1907 - Drainage Improvement Associations.
15-1909 - Entry Upon Lands, Structures and Waters; Condemnation.
15-1911 - Petition for Formation of District.
15-1913 - Proceedings on Petition.
15-1915 - Proceedings for Formation of District.
15-1919 - Drainage Enhancements.
15-1921 - Proceedings on Enhancements.
15-1923 - Plans and Estimates.
15-1925 - General Apportionment of Cost.
15-1927 - Proceedings on General Apportionment of Costs and Final Fixation of Boundaries.
15-1929 - Corrections and Revisions of Statements of Enhancements.
15-1931 - Procedure for Authorization of Construction.
15-1937 - Operation and Maintenance.
15-1939 - Special Apportionment of Cost.
15-1941 - Major Repairs of Drainage Works.
15-1943 - Minor Repairs in Drainage Districts.
15-1945 - Minor Repairs in Existing Drainage Ditches.
15-1947 - Unlawful Interference With Drainage Works.
15-1951 - Financing of Improvements.
15-1953 - Drainage Improvement District Fund.
15-1955 - Proceedings for Assessment and Collection of Cost.
15-1961 - Drainage District With Federal Aid.
15-1963 - Formation of District With Federal Aid.
15-1965 - Construction Project.
15-1969 - Continuation of District.
15-1971 - Transfer of Property and Discontinuance of District.
15-1973 - Drainage Section Association; Definitions.
15-1975 - Drainage Section Association; Creation.
15-1977 - Articles of Association; Recording and Filing.
15-1979 - First Annual Meeting; Members; Officers; By-Laws.
15-1981 - Powers of Association; Limitations; Voluntary Dissolution.