[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 7-10-2002 by L.L. No. 1-2002 (Ch. 52 of the 1988
Code). Amendments noted where applicable.]
The purpose of this chapter is to establish process for applying
for and standards for approving or disapproving, applications for
providing electric service to property located out of the Spencerport
Electric Franchise.
The following terms shall have the meanings indicated in this
section:
The area in which the Spencerport Electric Franchise has
the exclusive right to operate as set forth in the franchise granted
to it by the State of New York.
The map showing the boundaries of the Village Electric Franchise
on file in the Village Hall and having been approved by the Village
Board on February 2000 and updated by resolution as necessary.
Municipal Electric Out-of-Franchise Review Committee.
Any individual, firm, partnership, corporation or association
of persons; the singular number shall include the plural.
The Village of Spencerport.
The duly elected Village Board of the Village of Spencerport.
A.Â
Nothing contained herein is intended to expand the limits of the
Spencerport Municipal Electric Franchise.
B.Â
Nothing contained herein is intended to amend or supersede any provisions
of the New York State Public Service Law. Any conflict between the
state statutes and this chapter shall be resolved in favor of this
chapter.
A.Â
For the purposes of reviewing applications for out of district applications
and making recommendations to the Village Board, a review committee
is hereby established. This committee shall be known as the "Municipal
Electric Out-of-Franchise Review Committee (MEOFRC)."
A.Â
In order to apply for service from Spencerport Village Electric,
the parcel of land in question must be contiguous to the Village Electric
Franchise or to property serviced by the Village Electric Franchise.
B.Â
In order to apply for out-of-franchise service, the applicant must
show that the electric utility in whose franchise area the proposed
project is located will not service the proposed project. Such proof
must be in writing acceptable to the MEOFRC.
C.Â
In order to apply for service, the applicant must furnish proof to
the MEOFRC that the Public Service Commission has no objection to
Spencerport Municipal Electric providing service to the project.
A.Â
An applicant must apply in writing to the MEOFRC through the Village
Clerk and provide the following:
(1)Â
Copy of plan for project;
(2)Â
Environmental assessment form (EAF);
(3)Â
Copy of application to any other Planning Board, Zoning Board or
Town Board regarding the project;
(4)Â
Copy of any letters of sketch plan approval, preliminary approval
or final approval from any other Planning Board, Zoning Board or Town
Board regarding the project;
(5)Â
Written proof denying service by electric utility in whose franchise
area project is located;
(6)Â
Proof that the Public Service Commission has no objection;
(7)Â
Estimate of electric usage prepared by a professional engineer; and
B.Â
Within 30 days of receipt of all of the information set forth above,
the Mayor shall call a meeting of the MEOFRC. At said meeting, the
applicant shall have the opportunity to present the application and
to answer any questions regarding it.
C.Â
After the meeting is completed, the MEOFRC shall have 15 days to
prepare a written report and recommendation to the Village Board of
Trustees. Said report shall set forth the reasons for the recommendations.
D.Â
Upon receipt of said report, it shall be reviewed by the Village
Board of Trustees at the next regularly scheduled meeting. Should
the written report from the MEOFRC not be given to the Village Board
within 15 days, the Village Board shall review the minutes and records
of the proceedings of the MEOFRC and proceed without a recommendation.
Providing that all fees have been paid by the applicant, the Board
shall have 32 days from this review to make a final determination.
If fees have not been paid by the applicant, the time to make the
decision is extended until 32 days after the fees have been paid.
If the Village Board accepts the recommendation of the MEOFRC, a resolution
reflecting that acceptance shall be acceptable. If the Village Board
reverses the recommendation of, or acts without a recommendation from,
the MEOFRC, it shall set forth the reasons for reaching a different
conclusion.
E.Â
The Village Board, with or without the recommendation of the MEOFRC,
may condition approval on the applicant agreeing, in a form suitable
to the Village Attorney, that the premises being constructed use other
means, such as gas, propane or oil, for heating the premises and heating
water for use on the premises. The Village Board may set such other
and further conditions as it may deem necessary and appropriate for
the application.
A.Â
In making the recommendation to the Village Board, the MEOFRC shall
be guided by the following standards:
(1)Â
The availability of municipal electric power at favorable rates to
service the project;
(2)Â
The impact to ratepayers within the franchise area of providing service
to the project;
(3)Â
The overall impact of the project on the Village of Spencerport,
including such things as economic development, providing housing for
senior citizens, providing jobs for residents of the Village and promoting
the Canal Town theme of the Village of Spencerport;
(4)Â
The availability of other utilities, such as gas, propane or oil,
to provide heating of the premises and water.
B.Â
In making a final decision, the Village Board shall be guided by
the standards set forth above.
C.Â
All costs and fees shall be payable by the applicant within five
days of billing to the Village of Spencerport. The MEOFRC or the Village
Board shall have the authority to suspend the application process
and all time limits associated with it until such time as the bills
are paid. Further, before committing to additional costs, the MEOFRC
or the Village Board may require the applicant to post a further cash
deposit or irrevocable letter of credit to guarantee the payment of
said costs. Any letter of credit shall be first approved by the Village
Attorney.
Upon completion, inspection and acceptance of the installation,
the electric facilities installed shall be dedicated to Spencerport
Municipal Electric.