[HISTORY: Comes from L.L. No. 2-1967, adopted 2-14-1967, effective 2-20-1967.]
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Editor's Note: The original Section 4 of this chapter provides:
Section 4. This local law shall be known as "A Local Law to Amend the Nassau County Civil Divisions Act in Relation to Holding a Public Hearing on Benefit Assessments for Local Improvement of Waterways in the Town of Hempstead" and shall be subject to referendum on petition and shall take effect, subject to the provisions of Section 24 of the Municipal Home Rule Law, when filed in the office of the Secretary of State pursuant to Section 27 of such law.
An introductory statement recites that the local law is enacted pursuant to the provisions of the New York State Constitution and the Municipal Home Rule Law of the State of New York, as amended.
The original Section 1 of the chapter further provides:
Section 1. Article 3, Section 245.0, of the Nassau County Civil Divisions Act, an Act relating to the County of Nassau and the municipal corporations and districts therein, which became a law April 12, 1939, under Chapter 273 of the Laws of 1939, as last amended by the Laws of 1945, Chapter 338, is hereby amended in its relation to the Town of Hempstead, New York, by amending the provisions of Subdivision c thereof and adding Sections 245.1 through 245.4, in the manner set forth below.
The last sentence of Subdivision c of Section 245.0 of the Nassau County Civil Divisions Act is hereby repealed so that Subdivision c thereof shall read as follows in its application to the Town of Hempstead:
c. The Town Board may cause such construction or regulation or dredging, as the case may be, with respect to drains, culverts, watercourses, watering places, dams, bulkheads, jetties and channels, to be done wholly at the expense of the town or of the owners of property benefited, or partly at the expense of each, as a local improvement, or by appropriating moneys available for general town improvements or as provided in aid of federal, state or county projects for such purposes.
New subdivisions of Section 245.0 of the Nassau County Civil Divisions Act, in their application to the Town of Hempstead, shall be added as follows:
§ 245.1. Public hearing.
Any such improvement authorized pursuant to this article wholly at the expense of the owners of property benefited or partly at the expense of the town and partly at the expense of the property benefited as a local improvement shall not be undertaken until the Town Board, after a public hearing upon notice as hereinafter prescribed, shall determine (a) it is in the public interest to make such improvement, (b) all property in the proposed benefited area is benefited by the improvement and (c) all property benefited by the improvement is included in the proposed benefited area.
§ 245.2. Order calling public hearing.
The Town Board may adopt an order calling a public hearing pursuant to this article and enter the same in the minutes of its proceedings reciting the proposed improvement, a description of the proposed benefited area, the maximum amount proposed to be expended for the proposed improvement, the proposed method of apportioning the cost of such improvement, if any, the proposed method of financing such improvement, the fact that a map, plan and report, if any, describing the same, are filed in the Town Clerk's office for public inspection, and specifying the time when and the place where such Town Board will meet and hold a public hearing at which all persons interested in the subject thereof may be heard concerning the same.
§ 245.3. Notice of public hearing.
The Town Board shall cause a copy of such order, certified by the Town Clerk, to be published at least once in the official newspaper of the town, the first publication thereof to be not less than 10 nor more than 20 days before the date set therein for the hearing as aforesaid, and shall also cause a copy thereof to be posted on the signboard of the town maintained pursuant to Subdivision 6 of Section 30 of the Town Law, not less than 10 nor more than 20 days before the day designated for the hearing as aforesaid.
§ 245.4. Decision by Town Board.
If, after such public hearing and upon the evidence given thereat, the Town Board shall determine that any of the property in the proposed benefited area is not benefited by the improvement or that any property benefited by the improvement is not included in the proposed benefited area and that the boundary of the proposed benefited area should be changed accordingly or, if the cost of the improvement is proposed to be made partly at the expense of the owners of the property benefited as a local improvement, that the proposed method of apportioning the cost of such improvement between the town and the owners of the property benefited should be changed, the Town Board shall specify the changes and shall call a further public hearing at a definite time and place not less than 15 nor more than 25 days after such previous public hearing. Notice of such further public hearing shall be given as prescribed for the initial public hearing, except that such notice of further public hearing shall also specify the manner in which it is proposed to change the boundaries of such benefited area or the method of apportioning the cost of the improvement.