[Adopted 11-18-2015 by L.L. No. 3-2015]
A.
The purpose of this article is to establish a sewage disposal benefit area within the Village of Naples. The benefit area would only serve a portion of the Village, specifically the so-called "Main Street Corridor." This benefit area is more particularly delineated on a map prepared by Hunt Engineers dated October 30, 2015, which this article shall hereinafter incorporate by reference. The properties to be served by the benefit area are also described in § 278-3 hereof, by reference to their Tax Map numbers and by the names of the property owners as of June 1, 2015.
B.
The Board of Trustees of the Village finds that a municipal sewage
disposal system is in the interest of the community and will promote
the health, safety, and general welfare of its citizens.
C.
The Village is now served by a patchwork of individual private disposal
systems consisting generally of septic tanks and leach fields. The
Village Board finds that many of these systems have either failed
or, upon inspection, do not meet current state or local standards.
These systems must be upgraded, repaired, or replaced, often resulting
in considerable expense to the owners. In addition, although no definitive
scientific data exist, the Village Board has heard reports that failing
private disposal systems either have resulted in, or could result
in, sewage being discharged into Naples Creek, a tributary of Canandaigua
Lake, which is a source of drinking water for many in Ontario County.
D.
Furthermore, the Village Board has been advised that existing local
businesses are reluctant to expand their operations, and outside businesses
are hesitant to locate within the Village because of the lack of a
municipal sewer system. These factors have a deleterious effect upon
local employment and upon the Village's ability to expand its property
tax base.
E.
Therefore, in order to mitigate the costs of repairs to individual
property owners, the potential for the pollution of natural resources,
and to promote and expand business activities and the overall property
tax base, the Village Board finds that a municipal sewage disposal
system is in the interest of the citizens of the Village of Naples.
F.
The Village Board is aware that two previous proposals for a municipal
sewage disposal system involved projects that would have served the
entire Village. On each occasion, the bond resolutions adopted by
the Board to finance the construction of the respective projects were
defeated at public referenda. The Board has concluded that the anticipated
cost of the projects, both for their initial construction and their
continuing operation and maintenance, was the primary reason for the
public disapproval of the bond resolutions. Therefore, in order to
reduce the cost of construction and continuing operation and maintenance,
the Village Board is proposing, and is establishing by this article,
a sewage disposal system which will serve only a portion of the Village,
to wit: the so-called "Main Street Corridor."
G.
The Village Board has been advised that the provisions of Article
14 of the New York State Village Law seems to require that a sewer
system constructed within the Village, serve the entire community,
not just a portion thereof.
H.
Nevertheless, the Board hereby chooses to use the authority granted
to it by §§ 10(1)(ii)(e)(2) and 10(1)(ii)(e)(3) of
the New York State Municipal Home Rule Law to enact this article to
provide for a sewer system which will serve only a portion of the
Village, thus overriding the apparent effect of Article 14 of the
Village Law, and to provide for assessing the cost of the establishment,
construction, operation, and maintenance of such sewer system primarily
against the properties benefitted thereby. The Village Board believes
that Article 14 of the Village Law does not preempt it from doing
so and in support of that belief relies upon a number of opinions
from the New York State Comptroller's Office, namely Informal Opinion
Nos. 80-306, 80-533, 80-542, and 85-42.
A.
There is hereby established within the Village of Naples a sewage
disposal benefit area.
A.
The sewage disposal benefit area shall consist of all of the individual
parcels of land within the Village and which are identified by the
name of the owner thereof as of June 1, 2015, and, by the Tax Map
number of the parcel, all of which are as shown on Schedule A,[1] attached hereto and made a part hereof.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
B.
Each page of Schedule A bears the initials of the Village Clerk/Treasurer
and the date of adoption of this article by the Board of Trustees.
C.
In addition, the boundaries of the sewage disposal benefit area and
the individual parcels included therein are more particularly identified
on a map prepared by Hunt Engineers, dated October 30, 2015, Project
No. _____, a copy of which shall be on file with the Village Clerk
and which is hereby incorporated by reference into this article.
The cost of the construction, operation, and maintenance of
the sewer system serving the sewage disposal benefit area shall be
financed primarily by charges and rents assessed against the benefitted
properties within the sewage disposal benefit area.
