Persons or occupants of premises where wastewater is produced
or discharged shall allow the Village, USEPA, NYSDEC or their representatives
ready access at all times to all parts of the premises for the purpose
of inspection or sampling or in the performance of any of their duties.
The Village shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or metering operations.
The Village may at reasonable times have access to and copy any records,
inspect any monitoring equipment or method required by the Village's
wastewater discharge laws and sample any effluents which the owner
or operator of such source is required to sample. Where a user has
security measures in force, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the Village will be permitted to enter without delay.
The Superintendent or any other duly authorized employee is
authorized to obtain information concerning industrial processes which
has a direct bearing on the kind and source of discharge to the wastewater
collection system. The industry may withhold information considered
confidential. The industry must establish that the revelation to the
public of the information in question might result in an advantage
to competitors.
While performing the necessary work on private properties referred to in § 385-31, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 385-24.
The Superintendent and other duly authorized employees of the
Village bearing proper credentials and identification shall be permitted
to enter all private properties through which the Village holds a
duly negotiated easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
Whenever a condition exists in and upon any property in the
Village which violates any of the provision of this chapter in such
manner as to cause harm to the health and safety of the community
and the owner or occupant thereof does not cure such condition within
a reasonable time as determined by the Superintendent, the Superintendent
may cause such conditions to be cured and the cost thereof shall be
the responsibility of the property owner. If such cost is not paid
when due, it shall be added to the tax bill for such property.
A.
Findings; legislative intent.
(1)
The Board of Trustees of the Incorporated Village of Roslyn hereby
finds that the capacity of the Village sanitary sewer system to safely
dispose of sewage generated within the Village is not in line with
the projected population growth and development of the Village. The
Village will, in the near future, generate more sanitary waste than
it has the capacity to properly dispose of. It is currently estimated
that capital improvements to existing facilities and possibly new
facilities will be required to meet the Village's domestic demands.
[Amended 9-21-2010 by L.L. No. 1-2010]
(2)
Further, in order to ensure that essential Village sanitary sewer
service is available to meet the needs for all future development,
capital improvements to the Village's sanitary sewer system and facility
will be necessary.
(3)
Pursuant to § 7-725-a of the Village Law, the Board of
Trustees is empowered to require conditions for site plan approval.
Pursuant to § 7-728 of the Village Law, the Board of Trustees
may review subdivision plats and impose conditions for subdivision
approval. In addition, the Board of Trustees is empowered to provide
for the general welfare of the Village. This authority is consistent
with the Board of Trustees' broad powers as set forth in Municipal
Home Rule Law § 10, Subdivision 1(ii)e(3).
[Amended 6-17-2014 by L.L. No. 8-2014]
(4)
It is therefore the intent of the Board of Trustees and the purpose
of this section to extend the powers bestowed upon the Board of Trustees
by §§ 7-725-a and 7-728 of the Village Law to authorize
the Board of Trustees to collect a capital improvement fee as a condition
of approval for all site plans, single lot developments, and subdivisions,
to establish such a fee, and to impose such a fee to offset the cost
to the Village associated with providing the necessary sanitary sewer
service to all new development.
B.
Extension and supersession of §§ 7-725-a and 7-728
of the New York State Village Law. Pursuant to the authority set forth
in Municipal Home Rule Law § 10, Subdivision 1(ii)e(3),
and in accordance with its powers as set forth in § 10 of
the Statute of Local Governments, the Board of Trustees hereby extends
and supersedes §§ 7-725-a and 7-728 of the Village
Law as they apply to the Village as follows: the Board of Trustees
is authorized to assess, impose and collect a fee for all new development
within its territorial jurisdiction as a condition of its approval
of site plans and single lot developments and as a condition of its
authority to review subdivisions, specifically for the purpose of
funding capital improvements to the Village sanitary sewer system
as made necessary by the impact of new development in the Village.
[Amended 6-17-2014 by L.L. No. 8-2014]
C.
Fee calculation and collection.
(1)
All applicants to the Board for approval of site plans, all applicants
for single lot developments, and all applicants for subdivisions shall
deposit a sum as shall be set from time to time by the Board of Trustees
for each 2,500 square feet, or fraction thereof, of development (the
"fee"). The fee is based upon anticipated increases in usage of the
sanitary sewer system.
(2)
With respect to existing lots, the fee shall be collected by the
Village Clerk/Treasurer at the time of site plan approval or upon
the issuance of a building permit if no site plan approval is required.
With respect to a subdivision creating new lots, the fee shall be
collected by the Village Clerk/Treasurer prior to the signing of the
final subdivision map.
(3)
With respect to multi-housing developments, the fee shall be collected
for each housing unit added to the sanitary sewer system. With respect
to commercial development, the fee shall be collected for each rentable
or separately usable unit.
D.
Applicability of fee. The fee shall apply to all subdivision applications
and to all site plan applications and to all building permit applications
for a single lot development. The fee shall also apply to the construction
of a principal dwelling on a lot in which no subdivision is necessary
and no fee has been paid under this section.
E.
Review of fee. The fee created herein shall be reviewed by the Board
periodically, and the Board of Trustees may change the fee at any
time to reflect anticipated capital needs.
