Village of Scarsdale, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-1992 by L.L. No. 3-1992]
Pursuant to the provisions and procedures of § 22-2200 of the Village Law, the Board of Trustees of the Village of Scarsdale is hereby authorized to establish and create the Crane/Berkley Special Improvement District for the purposes set forth herein.
Pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 1(ii)e(3), the Board of Trustees of the Village of Scarsdale hereby amends the application to it of the provisions of Village Law § 4-412, Subdivision 3(1), and further acts pursuant to the provisions of Municipal Home Rule law § 10, Subdivision 1(ii)a(11) and (12), as authority to establish such district for the following purposes. The Crane/Berkley Special Improvement District may be established for the following purposes:
A. 
The dredging and removal of mud, silt and other undesirable material from the Crane and Berkley Ponds and ancillary streams and watercourses, whenever deemed necessary by the Board of Trustees.
B. 
Embankment stabilization by grading, plantings and other necessary improvements or construction.
C. 
The storage, settlement, grading and/or removal of spoils removed from said ponds and streams.
D. 
Necessary maintenance of the plantings, ponds, streams, watercourses and adjacent areas.
A. 
In the event that the Board of Trustees determines to establish the Berkley/Crane Special Improvement District pursuant to Village Law § 22-2200 and this article, the Village shall bear 40% of the cost of dredging, removal of silt, bank stabilization and plantings, which responsibility shall not exceed the sum of $50,000. The balance of said costs shall be borne by the benefited properties based upon their proximity to the Berkley Pond or Crane Pond in accordance with the apportionment, assessment or formula which the Board of Trustees shall determine.
B. 
The Board of Trustees is authorized to borrow and bond the cost of such work and improvements for a period not to exceed 10 years.[1] The assessments for each benefited property shall be levied and paid in accordance with the provisions of Village Law § 5-518, Subdivision 3b, et seq. In determining the amount of the annual payment or installment of each benefited property, the cost of maintenance and additional improvement authorized pursuant to the authority of this article may be added thereto.
[1]
Editor's Note: See Art. II, Crane/Berkley Special Improvement District (reestablished).
[Adopted 1-29-2015 by L.L. No. 3-2015[1]]
[1]
Editor's Note: The provisions of this local law were originally adopted as Ch. 137-a but were redesignated as Art. II to fit the organizational structure of the Code, and the original provisions of Ch. 137, adopted in 1992, were redesignated as Art. I. Said local law also notes that the provisions of Art. I expired 10 years from date of adoption.
Pursuant to the provisions and procedures of § 22-2200 of the Village Law, the Board of Trustees of the Village of Scarsdale is hereby authorized to establish and create the Crane/Berkley Special Improvement District for the purposes set forth herein.
Pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 1(ii)e(3), the Board of Trustees of the Village of Scarsdale hereby amends this article pursuant to the provisions of Village Law § 4-412, Subdivision 3(1), and further acts pursuant to the provision of Municipal Home Rule Law § 10, Subdivision 1(ii)a(11) and (12), and Subdivision 1(ii)e(1) as authority to establish such district. The Crane/ Berkley Special Improvement District may be established for the following purposes:
A. 
The dredging and removal of mud, silt and other undesirable materials from the Crane Berkley Ponds and ancillary watercourses, as deemed necessary by the Board of Trustees.
B. 
Embankment stabilization by grading, plantings and other necessary improvements or construction.
C. 
The storage, settlement, grading and/or removal of materials removed from said ponds and watercourses
D. 
Necessary maintenance of the plantings, ponds, watercourses and adjacent areas.
A. 
Upon establishment by the Board of Trustees of the Crane/Berkley Special Improvement District pursuant to Village Law § 22-2200 and this article, for the purpose of dredging, removal of silt, bank stabilization and plantings, the cost of the improvements in accordance with the location map identified in Schedule A[1] shall be divided as follows:
(1) 
Phase 1: Sump maintenance. Village shall bear 100% of the cost of this work.
(2) 
Phase 2: Cleaning the open watercourse from the sump to the small pond. Village shall bear 100% of the cost of this work.
(3) 
Phase 3: Cleaning small pond, which may include regrading, removal of materials, and plantings. Crane/Berkley Special Improvement District to bear 60% of the cost of this work; Village to bear 40% of the cost.
(4) 
Phase 4: Cleaning the open watercourse connecting the small pond and large pond, which may include removal of materials, regrading and plantings. Crane/Berkley Special Improvement District to be responsible for 100% of this cost.
(5) 
Phase 5: Cleaning the open watercourse exiting the large pond to Tisdale Road. Crane/Berkley Special Improvement District to be responsible for 100% of this cost.
[1]
Editor's Note: Said schedule is on file in the Village offices.
B. 
The Board of Trustees shall determine the levied apportionment borne by each property owner in the Crane/Berkley Special Improvement District as provided for in the Special Improvement Apportionment Plan filed with the Village Clerk. Such apportionment shall be based upon an assessment formula set by the Village Board of Trustees. The determination of the specific apportionment may include proximity to the ponds, watercourses, frontage, area benefited, and other relevant factors pursuant to Village Law § 22-2200.
C. 
The Board of Trustees is authorized to borrow and bond the cost of all phases of the work and improvements identified in § 137-6 for a period not to exceed 10 years. The special assessments for Phases 3 and 4 for each benefited property shall be levied and paid in accordance with the provisions of Village Law § 5-518, Subdivision 3b et seq. and the Crane/Berkley Special Improvement Apportionment Plan approved by the Village Board of Trustees.
This article shall take effect upon the filing with the Secretary of State and shall expire either at the time of expiration of the financing for the project, or 10 years, whichever is sooner.