[Adopted 7-21-2004 by L.L. No. 4-2004 (Ch. 104, Part 3, of
the 1988 Code)]
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.
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.
Nothing contained herein, or action taken under Part
3 of this chapter is intended to expand the limits of the Village of Spencerport.
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.
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.
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.
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.
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:
(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;
(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.