2006 New York Code - Increase And Improvement Of Facilities.



 
    §  268.  Increase and improvement of facilities. 1. Whenever the board
  of supervisors shall determine it necessary to acquire additional  lands
  or  interests  in  lands or to acquire or to construct (1) water rights,
  wells, reservoirs or basins in order to maintain an adequate  source  of
  water  supply,  (2) water quality treatment units or devices and related
  apparatus and equipment, (3) additional trunk, interceptor  and  outfall
  sewers,  pumping  stations,  sewage  treatment  and  disposal  works and
  appurtenances,  street  lateral  sewers,  or   other   facilities,   (4)
  additional drains, pumping stations, or other improvements or to perform
  other  work  of  a  permanent  nature  such  as  dredging,  widening  or
  straightening of streams and water courses, or, (5) refuse disposal  and
  incinerator  plants,  including  all  necessary facilities and equipment
  appurtenant  thereto;  or  whenever  the  board  of  supervisors   shall
  determine  it  necessary  for the proper maintenance and service of such
  facilities to increase, improve or reconstruct the  facilities  thereof,
  including  the  acquisition  of  additional  lands, or interests in land
  therefor, the board of supervisors shall cause a map  and  plan  of  the
  proposed  improvement  together  with  an  estimate  of  the  cost to be
  prepared by the county engineer or an  engineer  duly  licensed  by  the
  state  of New York. When the map and plan and estimate of cost have been
  completed, the board of supervisors shall call a public hearing  thereon
  and  cause  a  notice  thereof  to be published and posted in the manner
  prescribed in section two hundred fifty-four. Such notice shall describe
  in general terms the proposed improvement or the location of  the  lands
  to  be  acquired,  shall  specify the estimated expense thereof, and, if
  zones of assessment have been established in such county district, shall
  specify the proposed allocation of the  cost  thereof  as  between  such
  zones. Such notice shall further state the time when and the place where
  the board will meet to hear all persons interested in the subject matter
  thereof.  After  such  hearing  and upon the evidence given thereat, the
  board of supervisors shall determine (a) whether it  is  in  the  public
  interest  to  acquire  or construct the proposed improvement; and (b) if
  zones of assessment have been established in such county  district,  the
  allocation  of  the  cost thereof as between such zones. If the board of
  supervisors shall decide that it is in the public interest to acquire or
  construct the proposed  improvement,  the  board  of  supervisors  shall
  direct  the  administrative head or body to proceed with the improvement
  in the manner provided by section two hundred  sixty-two.  In  case  the
  purchase  of  lands only is involved, the board of supervisors may cause
  such lands to be purchased for the district.
    In Suffolk county, notwithstanding any other general or special law to
  the contrary, a sewer district may construct  excess  capacity  for  the
  treatment  and  disposal  of sewage and scavenger waste from outside the
  district if the district has one or more executory contracts with  other
  districts,  municipalities or corporations, public or private, that wish
  to avail themselves of such excess capacity.
    2. In like manner, the board of  supervisors  may,  after  the  public
  hearing  held  upon  due  notice, replace obsolete, inadequate, damaged,
  destroyed or worn out apparatus  and  equipment  or  acquire  additional
  apparatus and equipment.
    3.  Whenever  it  is  proposed  or required that the county in which a
  district is located shall finance an expenditure  or  contract  for  the
  purposes authorized in this section by the issuance of the bonds, notes,
  certificates  or other evidences of indebtedness of the county therefor,
  or shall assume the payment of annual installments of  debt  service  on
  obligations  issued  to  finance  the  cost  of  facilities, pursuant to
  section two hundred sixty-two of this  article,  and  the  cost  to  the
  typical  property  or,  if different, the cost to the typical one or two
  family  home  is  above  the  average  estimated  cost  to  the  typical
  properties or homes for similar types of expenditures as may be annually
  computed  by the state comptroller, no such expenditure shall be made or
  contract  let,  unless  the  state  comptroller, on behalf of the state,
  shall consent to such expenditure.

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