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This entry was published on 2014-09-22
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SECTION 190-C
Preparation of maps and plans
Town (TWN) CHAPTER 62, ARTICLE 12
§ 190-c. Preparation of maps and plans. 1. Upon a petition signed,
and acknowledged or proved in the same manner as a deed to be recorded,
or authenticated in the manner provided by the election law for the
authentication of nominating petitions, by at least twenty-five owners
of taxable real property situated within each water district or water
supply district proposed to be included in a water storage and
distribution district or by five per centum of the owners of taxable
real property situated within each such district, whichever shall be
less, or, in the case of a water district governed by a separate board
of commissioners, by a majority of such board, the town board shall, or
on its own motion, after a public hearing, may, make a study of the
proposal and for such purpose it may assemble data relating to the water
resources available to the town and the possibility of developing such
resources, may conduct investigations, make inquiries and conduct public
meetings upon such notice as it shall deem proper for the purpose of
examining into the matter, and, if such preliminary study shall, in its
opinion, warrant further action, may cause maps and plans to be
prepared. Such maps and plans shall show (1) the identity and boundaries
of the water districts which the town board in its judgment considers
will be benefited by the establishment or extension of a water storage
and distribution district, (2) a written description, as in a deed of
conveyance, of the boundaries of the proposed water storage and
distribution district or extension, (3) the source of water supply and a
description of the lands, streams, water and water rights and
facilities, if any, to be acquired therefore, the mode of constructing
the proposed water works and the location thereof, including reservoirs,
water purification or treatment works, standpipes, wells, pumping
stations, aqueducts and mains, (4) estimates of the cost of construction
or acquisition of the facilities as shown on the maps and plans, and (5)
the method of financing the same including estimates of revenue to be
derived annually from the sale of water to water and water supply
districts within the water storage and distribution district and revenue
to be derived from the sale of water to a village or from any other
source; estimates of the cost of acquisition and construction of water
storage and distribution facilities, of maintenance and operation and of
debt service.

2. The notice of public hearing to be held as aforesaid shall recite
in general terms the purpose thereof, describe the boundaries of the
proposed district or extension and specify the time when and place where
the town board will meet to consider the proposition and to hear all
persons interested in the subject thereof concerning the same. Such
notice shall be published and posted as prescribed in section one
hundred ninety-three of this chapter.

3. After such maps and plans shall have been prepared, the town board
shall, by resolution, designate the place where and time when a public
hearing will be held to consider the establishment or extension of a
town water storage and distribution district. The town board shall cause
a notice of such hearing to be published and posted in the manner
prescribed in section one hundred ninety-three. The notice shall comply
with the requirements of section one hundred ninety-three as to content,
except that no recitation of the filing of a petition shall be made.

4. Establishment or extension of the district. After the public
hearing, the town board shall proceed in the manner prescribed by
sections one hundred ninety-four, one hundred ninety-five and one
hundred ninety-seven of this chapter and all of the provisions of said
sections shall apply to the establishment or extension of water storage
and distribution districts except that the town board shall not
determine whether the petition is signed, and acknowledged or proved, or
authenticated, as required by law and is otherwise sufficient and
provided further that a resolution approving the establishment or
extension of the district shall be subject to permissive referendum in
the manner provided in article seven of this chapter, except as
hereinafter provided. The time within which a petition requesting that
the matter be submitted to the qualified electors of the districts
affected shall be sixty days after the adoption of the resolution and
the proposition submitted must be approved by the affirmative vote of a
majority of the qualified electors of each district voting thereon. A
petition requesting a referendum shall be sufficient if signed, and
acknowledged or proved, or authenticated, as to each district, by
twenty-five owners of taxable real property situated therein, by owners
of taxable real property situated in any of the districts equal to the
product obtained by multiplying the number of districts by fifty or by
fifty per centum of all of the owners of taxable real property situated
in one district. The town clerk shall cause to be prepared and have
available for distribution proper forms for the petition and shall
distribute a supply to any person requesting the same.