[Ord. No. 05-28, § 1, 8-17-2005]
The Town allows for the private installation of sewers in Ferncrest
Drive and Willow Drive by private residents and/or commercial entities
based on the following restrictions.
For the purpose of this division the definition of "private
installation" means anything not contracted by a municipality; installation
contracted by a nonmunicipal agency and/or a private individual or
group for private benefit.
[Ord. No. 05-28, § 1, 8-17-2005]
(a)
There are certain preapproved sewer expansion plans generated for
and on behalf of the Town of Cumberland within the approved facility
plan for the eventual installation and connection to the Town public
sewer system. One of said sewer line designs exists for Ferncrest
Drive and Willow Drive.
(b)
The commercial property to the west and adjacent to Ferncrest Drive,
specifically Lots 491 and 776 on Assessor's Plat 21 has reoccurring
problems with its existing ISDS system and that there are no other
feasible options available to the property owner for on-site wastewater
improvements and the existing establishments are in need of a sewer
connection which is otherwise not available to it.
(c)
The Town has designed and received approval for a sewer line adjacent
to the property (Plat 21, Lots 491 and 776), entitled "Bear Hill Sewers,"
prepared by Water Works Engineering & Associates, Inc., dated
1995, of which Ferncrest Drive and Willow Drive are part. Due to the
lack of funding, sewers within Ferncrest Drive and Willow Drive were
not installed.
(d)
The said Town acknowledges that the existing downstream sewer lines
have the capacity to accept the sewer connection from the said Plat
21, Lots 491 and 776 to the west and adjacent to Ferncrest Drive.
[Ord. No. 05-28, § 1, 8-17-2005]
(a)
The private installer shall be responsible for all costs associated
with the installation of the sewers in the designated area and the
collection costs associated of all sewer assessment charges. This
cost shall include, but not be limited to:
(1)
Town administrative fees, billing and collection fees.
(2)
The installation of the sewers "as per plans and specifications,"
as prepared by the Town of Cumberland.
(3)
Additional design fees associated with the preparation of contract
specifications.
(4)
Roadway restoration (including temporary and final overlay of
roadway).
(5)
Construction administration costs (either incurred by the Town
of Cumberland or its consultant).
(6)
Full-time resident inspection services (provided by the Town
of Cumberland or their designee).
(b)
The private installer shall obtain on behalf of the Town, all easements
in connection with Ferncrest Drive and Willow Drive project and pay
all associated easement fees.
(c)
The private installer shall provide for and pay all costs associated
with the installation of all house laterals, from the sewer main to
each of the property lines. Laterals are to be provided for all buildable
lots within the area.
(d)
The private installer shall pay all fees for the construction administration
and resident engineering services. These costs, based upon the contractor's
construction schedule will be estimated by the Town's engineer and
shall be paid, in advance, by the private installer and placed into
an account for payment for these services. If balance remains, the
balance will be credited back to the private installer. If the work
is not completed and the funds are depleted, the private installer
will be required to place additional money on reserve for these services.
(e)
The private installer shall allow and pay all Town audits of the
project cost for the purposes of establishing the final project cost
for the purpose of establishing assessment fees.
(f)
The private installer shall turn over the sewers as built plan and
recorded easement to the Town upon certification by the Town's representative
that the installation has been installed in accordance with the Town's
specifications and the performance testing has been completed. The
Town will pay the private installer a sum of $1 for all properties.
[Ord. No. 05-28, § 1, 8-17-2005; Ord. No. 09-02A, § 1, 3-18-2009]
(a)
The Town shall:
(1)
Within 120 days after the conclusion of the project, the Town will establish the assessment for each property within the project area. Each of the 33 property owners who will be serviced by this sewer will be assessed equally. Each said property owner will also have said assessment reduced by $1,000 from those funds described in subsection 40-172(a)(2)c. A copy of said assessments is to be attached hereto [by reference] and incorporated in Appendix C of this Code.
(2)
Be responsible to collect all capital assessment payments, quarterly,
for a term not to exceed 20 years, from all properties connected into
the Ferncrest Drive and Willow Drive sewer line. The Town will, in
turn, reimburse the private installer based upon the fees collected.
The reimbursement of the private installer shall be as follows:
a.
The sewer assessment fees for Plat 21, Lots 491 and 776 will
be credited against the private installer's final audited cost relating
to the project.
b.
Seventy-five percent of the difference between the assessment
credits and final project costs will be reimbursed to the private
installer over the twenty-year period, in equal annual payments.
c.
The 25% assessments that are not reimbursed to the private installer
will be used to defray existing sewer capital debt service payments.
This amount shall be an annual revenue to the sewer special revenue
fund.
[Ord. No. 05-28, § 1, 8-17-2005]
If the Town finds that it is in its best interest to allow others
to connect into the public line on Ferncrest Drive and Willow Drive,
the private installer will have no claims for additional compensation
for any increased assessment fees collected by the Town.
[Ord. No. 05-28, § 1, 8-17-2005]
The private installer will, in the future, be responsible for
all sewer use fees relating to his use of the system.
[Ord. No. 05-28, § 1, 8-17-2005]
(a)
The Town shall advertise Ordinance No. 05-28 in accordance with the
law, and said advertisement shall:
(1)
Specify the place of hearing and the date and time of its commencement;
(2)
Indicate that the ordinance is under consideration;
(3)
Contain a statement of the proposed ordinance that may be printed
in its entirety or summarized to describe the matter under consideration;
(4)
Advise those interested where and when a copy of the matter
under consideration may be obtained and reproduced; and
(5)
State that the proposal shown thereon may be altered or amended
prior to the close of the public hearing without further advertising,
as a result of further study or because of views expressed at the
public hearing.
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Any alteration or amendment must be presented for comment in
the course of the hearing. Subsequent publications shall include a
brief description of the proposed ordinance as well as the date of
the hearing, including the time and location and date of the first
publication in its entirety.
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(b)
Notice of a public hearing shall be sent to such governing bodies,
state and municipal agencies as may be provided for by law. In addition,
a notice shall be sent to all affected parties within Ferncrest Drive
and Willow Drive.
[Ord. No. 05-28, § 1, 8-17-2005]
Ordinance No. 05-28 shall be referred by the Town Clerk in writing
to the Cumberland Planning Board for its advice and recommendation
as required by G.L. 1956, § 45-24-51. A copy of the proposed
ordinance shall be mailed, first class postage prepaid, to the Associate
Director of the Division of Planning of the State of Rhode Island
Department of Administration as required by G.L. 1956, § 45-24-53.
