[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.
[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.
