2006 New York Code - Provision For Excess Sewer, Drainage Or Water Facilities.

 
    §  253-a. Provision for excess sewer, drainage or water facilities. 1.
  The local legislative body, in causing maps and plans to be prepared  or
  in  approving  the  establishment  or  extension  of a sewer, wastewater
  disposal, drainage or water district may provide by resolution that  the
  map  and  plan  include  sewer,  wastewater  disposal, drainage or water
  facilities in excess of those required  for  the  proposed  district  or
  extension.  Such resolution providing for or requiring excess facilities
  shall include the estimated expense for such excess facilities and shall
  be subject to permissive referendum. The necessity for and the extent of
  the excess capacity shall be determined by the  local  legislative  body
  and  it  shall  be  reserved  for  utilization  by  future  districts or
  extensions in the county.
    2. The expense of any excess sewer, wastewater disposal,  drainage  or
  water  facility  authorized  pursuant  to this section shall be a county
  charge and shall be assessed, levied and collected in  the  same  manner
  and  at  the  same time as other county charges; provided, however, that
  nothing herein contained shall be construed to prevent the financing  in
  whole  or  in  part,  pursuant  to  the local finance law, of any excess
  sewer, wastewater disposal,  drainage  or  water  facilities  authorized
  pursuant  to  this  section. Any such excess sewer, wastewater disposal,
  drainage or water facilities shall be deemed to be a district or special
  improvement authorized by article five-A  of  this  chapter  within  the
  meaning of paragraph b of section 35.00 of the local finance law.
    3.  In  the  event  the  petition  shall  contain a statement that the
  improvement in the proposed district or extension shall  be  constructed
  at  the  expense  of a petitioning owner of taxable real property in the
  proposed district  or  extension,  the  expense  of  all  excess  sewer,
  wastewater  disposal,  drainage  or  water  facilities  shall  be  borne
  originally as a county charge  as  provided  in  this  section.  If  the
  improvement  is to be constructed by or on the behalf of the petitioning
  owner, such owner shall be compensated by the county for the cost of the
  excess sewer, wastewater disposal, drainage or  water  facilities.    In
  this  event  the  provisions  of  section  two hundred sixty-two of this
  chapter relating to  competitive  bidding  shall  not  apply.    If  the
  improvement  is  to  be  constructed  by  the  county or by the accepted
  competitive bidder, the county and not the petitioning  owner  shall  be
  liable for the cost of the excess facilities.
    4.  The  cost  of  the  excess sewer, wastewater disposal, drainage or
  water facilities shall be determined by the local legislative  body.  In
  addition  to the information required by section two hundred fifty-three
  of this chapter, the maps and plans shall include  an  estimate  of  the
  cost  of  the excess facilities. If the improvement is to be constructed
  by or on behalf of the petitioning owner, an agreement shall be  entered
  into between the local legislative body and such owner which shall state
  the  total  cost  of the improvement and of the excess facilities or the
  method by which such cost shall be determined and the  date  of  payment
  for  such  excess facilities. If the improvement is to be constructed by
  the county or by the accepted competitive bidder, the local  legislative
  body,  in  determining the cost of the excess facilities, shall consider
  the estimate of the cost of excess facilities set forth in the maps  and
  plans,  the  percentage  increase in the capacity of the facilities, the
  maximum amount stated in the  petition  as  the  cost  of  the  required
  facilities  and the reduction, if any, in the per unit cost. In no event
  shall the expense of the excess sewer, wastewater disposal, drainage  or
  water  facilities  as  determined  or agreed to by the local legislative
  body be  less  than  the  difference  between  the  total  cost  of  the
  improvement  as  set forth in or determined pursuant to the agreement or
  the accepted bid and the maximum amount stated in the petition.
    5. The local legislative body may authorize  the  use  of  any  excess
  facilities  acquired pursuant to this section by any district, districts
  or extensions thereof, thereafter established in such  county,  provided
  the  expense  of  such  acquisition  or  the  proportionate share of the
  expense  as shall be allocated to a district or extension thereof by the
  local legislative body, together with the expense of the construction of
  the original improvement for  such  district  or  extension,  shall  not
  exceed  the maximum amount authorized to be expended in such district or
  extension. Whenever the local legislative body shall authorize  the  use
  of  any  excess  facilities  acquired  pursuant  to  this section by any
  district, districts or extension thereof, the same shall be deemed to be
  a part of the improvement  authorized  by  such  district  or  extension
  thereof  and  the  entire  cost  of such acquisition and the maintenance
  thereof as apportioned to such district or extension, shall be deemed to
  be a part  of  such  improvement  and  shall  be  assessed,  levied  and
  collected  in  the same manner as other charges against such district or
  extension.