Village of Spencerport, NY Part 3 Connections

[Adopted 7-21-2004 by L.L. No. 4-2004 (Ch. 104, Part 3, of the 1988 Code)]

Article VIII Out-of-Village Connections

§ 250-41 Purpose.

The purpose of Part 3 of this chapter is to establish the process for applying for sanitary service by the Village of Spencerport on property located outside of the Village of Spencerport, to establish the standards for approving or disapproving such applications and to set forth fees and costs for application reviews and construction related activities.

§ 250-42 Definitions.

The following terms shall have the meanings indicated in this section:

PERSON

Any individual, firm, partnership, corporation or association of persons; the singular number shall include the plural.

SSOVRC

Sanitary Sewer Out-of-Village Review Committee.

VILLAGE

The Village of Spencerport.

VILLAGE BOARD

The duly elected Village Board of the Village of Spencerport.

VILLAGE MAP

The map showing the boundaries of the Village of Spencerport.

§ 250-43 Village limits not expanded.

Nothing contained herein, or action taken under Part 3 of this chapter is intended to expand the limits of the Village of Spencerport.

§ 250-44 Review Committee established.

A. For the purposes of reviewing applications for out-of-Village applications and making recommendations to the Village Board, a review committee is hereby established. This committee shall be known as the "Sanitary Sewer Out-of-Village Review Committee" ("SSOVRC").

B. The SSOVRC shall consist of the following:

(1) The Mayor of the Village, who shall serve as Chairman of the SSOVRC.

(2) The Village Trustee with the responsibility for the sewer fund.

(3) The Superintendent of Public Works.

(4) The Village Clerk.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) The Village Attorney.

§ 250-45 Eligibility for service.

A. In order to apply for sanitary sewer service from the Village of Spencerport, the parcel of land in question must be contiguous to the Village or contiguous to a parcel of land not in the Village that is already serviced by the Village of Spencerport sanitary sewer system.

B. In order to apply for out-of-Village service, the applicant must show that there are no other sanitary sewers which can practically serve the proposed project. Such proof must be in writing acceptable to the SSOVRC.

C. In order to apply for service, the applicant must furnish proof to the SSOVRC that the Monroe County Health Department and other government agencies having approval authority over the project, such as a Town Board, Town Planning Board or Town Zoning Board of Appeals, has no objection to the Village of Spencerport providing sanitary sewer service to the project.

§ 250-46 Application process.

A. An applicant must apply in writing to the SSOVRC through the Village Clerk and provide the following:

(1) Copy of plan for project;

(2) Environmental assessment form (EAF);

(3) Copy of application to any other Planning Board, Zoning Board or Town Board regarding the project;

(4) 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) Proof acceptable to the SSOVRC showing that there is no other practical method to service the project by sanitary sewers;

(6) Proof that the Monroe County Health Department and any other government agency having approval authority has no objection;

(7) Estimate of sewerage flows by a professional engineer; and

(8) Application fee of $1,000, $200 of which shall be nonrefundable, and the balance to be applied to costs of the application as set forth in § 250-48 below.

B. Within 30 days of receipt of all of the information set forth above, the Mayor shall call a meeting of the SSOVRC. At said meeting, the applicant shall have the opportunity to present the application and to answer any questions regarding it.

C. After the meeting is completed, the SSOVRC 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. 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 SSOVRC not be given to the Village Board within 15 days, the Village Board shall review the minutes and records of the proceedings of the SSOVRC and proceed without a recommendation. Provided 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 SSOVRC, a resolution reflecting that acceptance shall be adopted. If the Village Board reverses the recommendation, modifies the recommendation or acts without a recommendation from the SSOVRC, it shall set forth the reasons for reaching its conclusion.

E. The Village Board shall condition approval on the applicant, the Village of Spencerport, and the municipality in whose jurisdiction the parcel or parcels are located signing a maintenance agreement relating to the performance and payment for maintenance on the sewers. Said agreement shall also provide and acknowledge that, in the event the Spencerport sewer system is sold, leased or otherwise disposed of, the parcels in the subject area shall be governed by the rules, regulations and fees of the organization acquiring the sewer system. The Village Board may set such other and further conditions as it may deem necessary and appropriate for the application.

§ 250-47 Standards for review.

A. In making the recommendation to the Village Board, the SSOVRC shall be guided by the following standards:

(1) The availability of sewage handling and processing capacities;

(2) The impact to Village taxpayers and sewer taxpayers of providing service to the project;

(3) The overall impact of the project on the Village of Spencerport, including such things as operation and maintenance costs, 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.

B. In making a final decision, the Village Board shall be guided by the standards set forth above.

§ 250-48 Costs and fees.

A. Application fees. Applicants will be responsible for the following costs and fees incurred by the Village of Spencerport as pertaining to this application process:

(1) Legal costs;

(2) Engineer costs;

(3) SEQRA review costs;

(4) Ten-percent administrative fees for items in Subsection A(1), (2) and (3) above.

B. Construction. Applicants will be responsible for the following costs associated with installing the service:

(1) Material for installation;

(2) Labor for installation;

(3) Engineering for design and construction;

(4) Inspection and engineering costs incurred by the Village of Spencerport relating to the project, plus ten-percent administrative fee.

C. All costs and fees shall be payable by the applicant within five days of billing by the Village of Spencerport. The SSOVRC 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 SSOVRC 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.