17-1718 - Sewer Districts.

NY Vill L § 17-1718 (2019) (N/A)
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(a) In every such village the board of trustees on a petition signed and acknowledged by the owners of more than fifty per centum in value of the taxable real property in any proposed sewer district, as shown by the last completed village assessment roll, and after a public hearing thereon, may, by resolution, establish one or more sewer districts in such village. Such petition shall describe the boundaries of the proposed sewer district and each subscriber thereto shall set opposite his name the assessed value of the real property owned by him therein, as shown on the said last completed assessment roll, and such petition shall contain a statement of the maximum amount proposed to be expended in the construction of such sewerage system and shall also have a statement conspicuously printed thereon as follows: "The cost of construction and maintenance of such sewer system shall be assessed, from year to year, by the board of trustees, upon the land within the sewer district in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom"; and such petition shall have annexed thereto a map of such proposed sewer district and a plan for a comprehensive system of sanitary sewers designed, when completed, to serve the entire district together with plans and specifications for sewage treatment or disposal works. The signature of a property owner shall be acknowledged by him or it may be proved by the oath of a witness who shall swear that he knows the property owners and that the petition was signed by the property owners in the presence of the witness. The petition may be in the form of separate sheets, each sheet containing at the top thereof, the complete wording of the petition, and when bound together and offered for filing, these shall be deemed to constitute one petition. On receipt of such petition the board of trustees shall grant a public hearing before taking any action on the petition at which time full opportunity to be heard shall be granted to all officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected by the granting, modification or denial of the petition. Notice of the time, place and purpose of such hearing, containing a description of the extent of the proposed sewer system, shall be given by such board by posting such notice in four of the most public places within the village at least twenty-one days prior thereto and by publishing a notice in the official newspaper once in each of the three weeks immediately preceding the week in which the hearing is to be held. In the event that the village maintains a website, one of the posting requirements may be fulfilled by posting such information on the website. After a hearing held in accordance with this notice and upon the evidence given thereat the board of trustees shall determine whether it is in the public interest to grant the petition, modify it or deny the relief sought. A signed or certified copy of the determination of the board of trustees shall be duly recorded in the office of the county clerk of the county in which such village is located and when so recorded shall be presumptive evidence of the regularity of the creation of the sewerage system by said board. Said action shall be subject to review by certiorari upon application made within thirty days following date of filing with the county clerk which application shall be accompanied by an undertaking approved by the supreme court or a justice thereof, providing for reimbursing the expenses of the board of trustees in the event their determination is not modified. At the expiration of the period allowed for certiorari proceedings and subject to the reviewing court's order, if any, the board of trustees shall proceed to construct such sewerage system but before any part of the sewerage system is constructed in any such sewer district the maps and plans therefor shall be approved by the state department of health. In passing upon said plans due consideration shall be given to the adaptability of the proposed sewerage system for the district to possible future enlargements and to inclusion in a general sewerage system to care for the village as a whole or parts of the village forming natural drainage areas. The cost of preparing such maps and plans in the first instance shall be borne by the petitioners, but the reasonable amount thereof as audited and allowed by the board of trustees, shall be a charge against the said sewer district, if the same is established.

(b) In case any such sewer district shall be established, as herein provided, the board of trustees may from time to time authorize the construction under one or more contracts, or by village forces of all, or any portion or portions of, the sewer system therein. The amounts of principal and interest of any obligations issued for the construction of the sewer system falling due in any year, together with the cost of maintaining, repairing and operating the said sewers, shall be assessed from year to year upon the real property within such district in proportion as nearly as may be to the benefit which each lot or parcel of land will derive therefrom.

(c) The board of trustees of said village and the body, officer or board having control of the sewers in any other municipality shall have power to contract in the names of their respective municipalities for the use of any such sewer district or outlet or other facilities and appurtenances owned, controlled or operated by such other municipality, and agree upon the value thereof and upon the method and times of payment therefor.

(d) The board of trustees may appoint a sewer commission to construct, manage and operate the sewers in any such sewer district, whose members shall hold office during the pleasure of the board of trustees, and who shall perform such duties and exercise such powers as the board of trustees may from time to time prescribe.

(e) The provisions of section 17-1718 of this article shall apply to any sewer district established pursuant to the provisions of this subdivision.