N.Y. ENV Law § 15-1943

§ 15-1943. Minor repairs in drainage districts.\n 1. Application for the repair, enlargement or cleaning out of any\nditch originally constructed or repaired by assessment under the\nprovisions of title 19 of this article, or any former general or special\ndrainage laws, if within a drainage improvement district and if the\ntotal cost thereof shall not exceed two per cent of the total of the\ndrainage enhancements of all parcels served by such ditch, may be made\nby any three or more persons liable to be assessed therefor. Such\napplication shall be made by written petition, verified by at least one\nof the signers thereof, setting forth the work desired, the estimated\ncost thereof and the need therefor.\n 2. On receipt of such petition the department shall cause an\nexamination to be made of such ditch or ditches, an estimate of the cost\nof such repairs and improvements and a special apportionment of the cost\nthereof to be prepared, and shall file a statement of these matters.\nThereafter, after due notice, the department shall hear all interested\nparties with regard thereto. The filing of written objections shall not\nbe required. If after the hearing the department shall determine that\nthe work can be done under this section, is necessary and is desired by\nthe owners of the lands involved, it may proceed to make such repairs or\nenlargements. The cost of such repairs and expenses of the hearing and\nexamination generally shall be apportioned upon the properties served by\nthe work in accordance with the general or a previous special\napportionment of the cost of such ditch or part of a ditch.\n 3. If the department shall find that changes should be made in the\napportionment, or, for any other reason, that the work should not be\ndone under the provisions of this section, it may so specify in its\norder, giving its reasons therefor, and return the case to the\napplicants for further petition. Money to pay for such work shall be\nraised pursuant to the Local Finance Law and as elsewhere herein\nprovided. The whole cost of such work shall be collected within not to\nexceed three years from the date of completion of the project as may be\ndetermined by the department.\n