[HISTORY: Adopted by the Town Board of the Town of Cazenovia 9-9-2002. Amendments noted where applicable.]
There have been established in the Town of Cazenovia over many years sanitary sewer districts, water districts and other improvement districts, some of which services have from time to time been extended to or connected with privately owned lands within established districts;
The Town of Cazenovia has not previously established in all instances the policy and procedure relating to the landowner's responsibilities for payment of the cost of such extension, inclusion and connection to the existing services owned by the Town of Cazenovia within the established districts, from the time of the petition for permission to connect to the service through approval for installation, completion, inspection, and acceptance of the connection;
It lies within the discretion of the Cazenovia Town Board to entertain and grant approval of any petition for service provided by any district; and
The Cazenovia Town Board has the responsibility for the regulation of the use by landowners of the services provided within any district and the requirements for payment by the landowner of all the expenses related to the application for permit for such use through subsequent approval, installation and acceptance of connection to the service within the districts.
It shall be the policy and procedure of this Board in relation to all such districts that permission for any extension, inclusion or connection to the service within the respective districts by any adjoining landowner shall be granted and made only after petition by the landowner of the benefited qualified land to this Board and thereafter approval by this Board after the prescribed procedure for proper public notice and hearing and due consideration by the Board has been completed. There shall be a nonrefundable filing fee paid by each petitioner with each petition filed as required herein in the amount as set by the Town Board at the annual reorganization meeting to pay for administrative costs, including publication for hearing, incurred for processing of the petition regardless of approval or disapproval of the petition for any reason.
The cost of any extension of any service within or without an existing district to any qualifying lands shall be paid by the petitioning owner of the benefited land, and extensions shall only be installed through and/or across public highways, Town-owned lands, or Town-owned easements or rights-of-way and, upon completion and acceptance, shall be dedicated to the Town which thereafter shall be the sole owner of the installation.
The cost of any extension from the service to the curb box at any qualifying lands shall be paid by the petitioning owner of the benefited land.
The cost of connection by the petitioning owner to the extension of the service from either the main service or at the extension to the curb box of the benefited land from the main service shall be paid by the petitioning owner of the benefited land at the cost to the Town for said connection which is to be established according to the provisions of § 138-6 herein.
The term "costs" as used herein shall mean all expenses incurred by the Town commencing from the date a petition is received through and until acceptance of the as-built improvement, which shall be contingent upon the completed improvement being dedicated to the Town, and shall include but is not limited to publication, filing and recording fees, surveying and mapping service, engineering fees of the Engineer for the Town, legal fees of the Attorney for the Town and, where applicable, the full costs of construction and installation of the improvement and any overruns and any expenses incurred for approvals by the Madison County Department of Health and New York State Department of Environmental Conservation.
The costs of procurement and contracts for construction and installation referred to at §§ 138-3 and 138-4 herein and payment for the same shall be entirely the responsibility of the owner of the benefited property with ongoing oversight inspection and final approval for acceptance to be made by the Engineer for the Town and, where applicable, by the Town Highway Superintendent, the Madison County Department of Health and the New York State Department of Environmental Conservation.
An itemized estimate of the amount of all costs to be incurred by the Town for connection referred to at §§ 138-5 and 138-6A herein shall be attached to and made a part of the approval resolution passed by the Board. The issuance of the permit to commence construction for extension and connection to the service shall be contingent upon the owner, who is responsible for payment of the costs, depositing with the Town Clerk the full amount of the estimated costs. Final acceptance of the improvement for dedication to the Town and for commencement of use by the owner shall be contingent upon the payment of any additional costs incurred in the course of completion of the improvement in excess of the estimated costs paid by the owner at time of the issuance of the permit as aforesaid.
Payment to the suppliers of the various services, work and materials shall be made from the funds deposited with the Town in accordance with its established procedures or by the terms of any applicable contractual agreement, except, in the case of construction, payment shall only be made after certification by the Engineer for the Town of the satisfactory completion of the work and approval of the materials used to the stage for which payment is billed.