[Adopted 5-2-1983 by L.L. No. 3-1983
(Ch. 78 of the 1972 Code)]
[Amended 3-14-2006 by L.L. No. 1-2006]
The Board of Trustees of the Village of East Aurora may, upon its own
motion or upon the petition of the owner or owners of more than half, in value,
of the lands to be benefited thereby, as shown on the last completed Town
of Aurora assessment roll, cause a map and plan to be prepared showing the
bounds and location of lands within the Village of East Aurora which would
be benefited by the construction of dikes, revetments, walls, sluices, channels,
troughs and similar stream bank stabilization structures in and along the
banks and channels of natural streams and watercourses running through such
lands for the purpose of preventing, minimizing and controlling the erosion
of the banks and channels of such streams and watercourses, which plan shall
include a general description of the courses of such streams and watercourses
and a general description of the nature and extent of the dikes, revetments,
walls, sluices, channels, troughs and similar stream bank and channel stabilization
structures to be constructed in an along such streams and watercourses as
the Board of Trustees shall determine to appropriately constitute such proposed
stream bank stabilization benefit district. Upon the completion of said map
and plan, the Board of Trustees shall hold a public hearing thereon. Notice
of the time, place and purpose of such hearing, containing a description of
the extent of the lands which would be benefited by the construction of such
stream bank stabilization structures, shall be given by publishing a notice
in the official newspaper of the Village of East Aurora at least 10 days prior
thereto and by causing a copy of such notice to be given to each person owning
lands included in such map and plan at least 10 days prior to the date of
said hearing. Within 45 days after such hearing, the Board of Trustees shall
approve, amend or disapprove said map and plan by resolution duly adopted
at a regular meeting of the Board of Trustees. Following the adoption of such
resolution, the Board of Trustees shall cause any duly approved map and plan
showing such lands which would be benefited by the construction of stream
bank stabilization structures and devices therein to be filed in the office
of the Village Clerk. After such hearing, approval and filing, the Board of
Trustees may by the adoption of a resolution, establish a stream bank stabilization
benefit district consisting of the lands shown on said map and plan and assess
all or a part of the expense of the stream bank stabilization structures and
devices, including the cost of the preparation of the map and plan of said
stream bank stabilization benefit district, the cost of the construction of
said structures and devices and the cost of the acquisition of property required
in connection therewith, to the lands so benefited.
The Board of Trustees of the Village of East Aurora may acquire property
necessary for the construction of any such stream bank stabilization structures
and devices by acceptance of a dedication thereof or by purchase.
When the cost of any such stream bank stabilization local improvement
has been determined, the Board of Trustees shall apportion and assess the
part of the expense to be raised by local assessments upon the lands in such
stream bank stabilization local improvement district according to frontage
area, assessed value or otherwise, as the Board may determine during the proceedings
to be just and equitable, in accordance with the provisions of § 22-2200
of the Village Law of the State of New York, and file a copy thereof in the
office of the Village Clerk. After making such apportionment, the Board shall
publish in the official paper and serve upon each land owner, personally or
by mail, at least 10 days before the hearing, a notice of the filing of such
apportionment and assessment map or plan, and that as a specified time and
place a hearing will be held to review and complete the same, and that said
apportionment and said map or plan can be examined by any person interested
therein at the office of the Village Clerk during usual business hours, prior
to such hearing. The Board shall meet at the time and place specified in such
notice and hear objections to such apportionment and to such assessment map.
It may modify and correct the same and add or exclude land to or from the
area of local assessments, but no assessment shall be increased, and no lands
added thereto without notice to the owner and an opportunity to be heard.
The Board may adjourn the hearing from time to time without further notice,
and, as soon as practicable, shall complete said apportionment and assessment
and said assessment map and file the same in the office of the Village Clerk,
and publish notice of such completion and filing in the official paper, and
any person deeming himself aggrieved thereby may, within 15 days after the
filing of such apportionment and map, apply to a court of record for an order
of certiorari to review said assessments. The apportionment, the assessments
and the map shall be deemed final and conclusive unless such an application
be made within such 15 days.
The expense of any such local improvement may be raised in an entire
amount or in installments as the Board of Trustees may determine. If any portion
of such expense is to be borne by the Village at large, or if the entire expense
of such improvement is to be assessed against the property benefited thereby,
such expense may be financed pursuant to the Local Finance Law of the State
of New York.
All local assessments levied against real property as provided herein
shall be collected pursuant to § 5-518 of the Village Law of the
State of New York.
