2006 New York Code - Establishment Of A County District.

 
    § 256. Establishment of a county district. Upon the evidence presented
  at  the  public  hearing,  and  after  due consideration of the maps and
  plans, reports, recommendations and other data filed with it, the  board
  of  supervisors  shall  determine,  by  resolution,  whether  or not the
  proposed facilities are satisfactory and sufficient  and,  if  it  shall
  determine such question in the negative, it shall remand the proceedings
  to  the  agency  for  further  study. The agency shall make such further
  study and amend and revise the maps and plans (including  the  zones  of
  assessment  and  allocation  of  costs  if  the  maps  and plans provide
  therefor) in conformance with its findings, and  shall  make  a  further
  report  to  the  board of supervisors in the same manner as hereinbefore
  provided. If the revised maps and plans call  for  an  increase  in  the
  estimated  maximum  expenditure for the project, alter the boundaries of
  the proposed district, or if the maps and plans  provide  for  zones  of
  assessment  and  allocation  of  the  cost  of the facilities, alter the
  boundaries of the proposed zones of assessment or change the  allocation
  or  the  costs of the facilities as between the zones of assessment, the
  board of supervisors shall call a further public hearing thereon in  the
  manner  provided  in  section  two hundred fifty-four. When the board of
  supervisors shall find that the proposed  facilities  are  adequate  and
  appropriate,  it  shall further determine by resolution, (1) whether all
  the property and  property  owners  within  the  proposed  district  are
  benefited  thereby,  (2) whether all of the property and property owners
  benefited are included within the limits of the proposed  district,  (3)
  whether  it  is in the public interest to establish the district and (4)
  if said maps and plans and report recommended the establishment of zones
  of assessment and the allocation of  the  costs  of  the  facilities  as
  between  such  zones of assessment, whether such zones of assessment and
  the allocation of the costs  of  the  facilities  thereto  represent  as
  nearly  as  may be the proportionate amount of benefit which the several
  lots and parcels of land situate in such zones will derive therefrom.
    If the board of supervisors shall determine that it is in  the  public
  interest  to establish the district, but shall find that (1) any part or
  portion of the property or property owners within the proposed  district
  are  not benefited thereby or (2) that certain property owners benefited
  thereby have not been included therein, or (3), if zones  of  assessment
  are  proposed  to  be  established and the costs of facilities allocated
  among said zones of assessment, that any part or portion of the property
  or property owners within a proposed zone of assessment should be placed
  in a different zone of assessment or that a different allocation of  the
  cost  should be made as between the zones of assessment, the board shall
  specify the necessary changes of the boundaries of the proposed district
  or the necessary changes of the  boundaries  of  any  proposed  zone  of
  assessment  or  the  necessary changes as to the allocation of costs, as
  the case may be, to be made in  order  that  all  of  the  property  and
  property  owners and only such property owners as are benefited shall be
  included within such proposed district, or in order that such  zones  of
  assessment  and  the  allocation  of the costs of the facilities thereto
  shall represent as nearly as may be the proportionate amount of  benefit
  which  the  several  lots and parcels of land situate in such zones will
  derive therefrom, and the board  shall  call  a  further  hearing  at  a
  definite  place and time not less than fifteen nor more than twenty-five
  days after such determination.  Notice of such further hearing shall  be
  published  in  the  manner  provided  in section two hundred fifty-four,
  except that such notice shall also specify the manner  in  which  it  is
  proposed  to  alter  the  boundaries  of  the  proposed district, or the
  boundaries of the zones of assessment or the allocation of the costs  of
  the  facilities as between said zones of assessment, as the case may be.
  If and when the board shall determine in  the  affirmative  all  of  the
  questions  set  forth  above, the board may adopt a resolution approving
  the establishment of the district, as the boundaries  shall  be  finally
  determined,  and  the  construction  of the improvement, and if zones of
  assessment have been established and an allocation of the costs  of  the
  facilities  made  as between such zones of assessment, further approving
  the establishment of the initial zones of  assessment  and  the  initial
  allocation  of  the  costs  of  the  facilities as between said zones of
  assessment. Such resolution shall be subject to permissive referendum as
  hereinafter provided, except in the case of a  water  quality  treatment
  district  and except in the county of Suffolk. In the county of Suffolk,
  if the owner or owners of all of the land within the  proposed  district
  consent  in  writing  to  the formation of the proposed district and the
  board of elections certify that on  or  after  the  date  of  the  first
  publication  of  the  notice  of public hearing hereinabove referred to,
  there is no registered voter within the proposed district, then  and  in
  that   case   the   resolution   adopted  by  the  board  approving  the
  establishment  of  a  district  shall  not  be  subject  to  referendum,
  permissive, or otherwise.