US Laws, Codes, Statutes & Cases

 
    § 5-377 Further reports to board of estimate; hearings; map or plan of
  whole  work  to be approved and filed. a. The board of estimate upon the
  receipt of such report or reports of the commissioner may adopt,  modify
  or reject the whole or any part of the same, and may cause such studies,
  investigations, surveys, maps, plans, profiles, estimates and reports to
  be made, and such further information to be obtained as the commissioner
  shall  deem  expedient  to enable him or her to act intelligently in the
  premises.  In  case  of   the   modification   or   rejection   of   the
  recommendations  in  such  report  or reports or any part thereof by the
  board of estimate, the commissioner in like manner  as  aforesaid  shall
  prepare   and   submit   to  the  board  of  estimate  further  studies,
  investigations, surveys, maps, plans, profiles,  estimates  and  reports
  and  make  such  changes  and  modifications as shall seem proper to the
  board of estimate, and shall continue so to do under  the  direction  of
  the  board  of  estimate, until a map, plan or plans covering the entire
  work contemplated by this subchapter shall be approved  and  adopted  by
  such  board.  The map, plan or plans may be made and adopted in parts or
  sections from time to time, and may be changed or modified either before
  or after adoption as the board of estimate may deem  necessary  for  the
  more efficient carrying out of the provisions of this subchapter.
    b.  The  board  of estimate prior to the adoption of such map, plan or
  plans, or  to  a  modification  thereof  shall  afford  to  all  persons
  interested a reasonable opportunity to be heard respecting the same, and
  shall  give reasonable public notice of such hearing, at which testimony
  may be produced by the parties appearing in such manner as the board  of
  estimate  may  determine,  and  each  member  of  the  board  is  hereby
  authorized to administer oaths and issue  subpoenas  in  any  proceeding
  pending  before them under this subchapter. Notice of such hearing shall
  be given, in  addition  to  the  above  provision,  by  mailing  to  the
  chairperson  and  clerk  of the board of supervisors of the county where
  the real estate to be acquired is situated a notice of such  hearing  at
  least eight days before the time named in the notice.
    c.  A  final  map,  plan or plans approved and adopted by the board of
  estimate shall be executed in quadruplicate, one of which  shall  remain
  on  file with the clerk of the board of estimate, one shall be placed on
  file in the office of the commissioner of environmental protection, one,
  or a certified copy thereof, shall be filed in the county clerk's office
  or register's office of each county in which any of  the  land  affected
  thereby is situated.
    d.  Provided,  however,  that  no reservoir or other structure for the
  storage or impounding of water,  shall  be  constructed,  at  any  time,
  within  the  drainage  area of the Esopus creek in the county of Ulster,
  other than that designated in the reports of William  H.  Burr,  Rudolph
  Hering  and John R. Freeman to the Honorable George B. McClellan, mayor,
  chairman, board of estimate of the city of New York, as to  the  Ashokan
  reservoir, the flow line of which shall not exceed elevation six hundred
  feet coast and geodetic survey datum.