ยง 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.
Structure New York Laws
Article 5-B - County Hurricane Protection, Flood and Shoreline Erosion Control Districts
280 - Declaration of Policy and Purposes.
280-C - Powers of County Agency.
280-D - Preparation of Maps and Plans.
280-F - Representation by Municipalities and District.
280-G - Establishment of a County District.
280-H - Permissive Referendum.
280-I - Application to the Department of Audit and Control.
280-J - Recording and Filing of Determination.
280-L - Administration of the County District.
280-M - Performance of the Work.
280-O - Rules and Regulations.
280-R - Expense of the Improvement.
280-S - Increase and Improvement of Facilities.
280-T - Increase of Maximum Amount to Be Expended.
280-U - Assessment of the Cost.
280-V - Alternative Method of Assessment.
280-W - Taxation of District Property.
280-Y - Extension of the District.