New York Environmental Conservation Law Section 15-1511 - Procedure on approval of application with respect to forest preserve reservoir projects.

15-1511. Procedure  on  approval of application with respect to forest

preserve reservoir projects.

1. The decision of the department on an application shall be certified to the applicant. Thereafter, and at any time within five years of the date of the decision, the applicant may petition the department that it construct the reservoir and appurtenant works in accordance with the approved plans. Such petition shall be in writing and shall be accompanied by plans and specifications for the structures to be built and such other papers as may be necessary to show to the satisfaction of the department that the project in all respects conforms to the requirements of the decision of the department. The department may permit minor modifications in the plans or specifications, provided that the general features of the project as first approved are not changed.

2. If the department decides that the project which it is asked to build is in conformity with the provisions of its decision upon the original application it shall advertise for proposals for doing the work. Upon the receipt of such proposals, the department shall make a final determination of the probable cost of the project and shall require the applicant to state that it desires the work to proceed, and to show that it has available sufficient funds to defray the total cost thereof. If the applicant desires to carry out the project and the department is satisfied that sufficient funds are available for the purpose, the department shall thereupon let contracts for and proceed with the construction of the works.

3. In obtaining proposals and letting contracts for and in the prosecution of this work the department shall be governed by the provisions of title 19 of this article, insofar as they may be applicable to the provisions of this part of article 15.


Last modified: February 3, 2019