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FINAL ORDER ESTABLISHING SEWER DISTRICT #1 PURSUANT TO SECTIONS 209-F OF THE TOWN LAW

↑Meetings/Resolutions/56-2025
Activeformal_resolutionongoingThe Town Board approves the establishment of Sewer District #1 to serve 51 parcels (50 tax parcels) in the Town's TND Zoning District, including construction of a collection system and expansion of the Village of Red Hook sewage treatment plant.
First seen
2025-08-12
Latest event
2025-08-12
adopted
Expires
—

Resolution text

RESOLVED

  1. The establishment of Sewer District #1 is hereby approved in the Town of Red Hook, situate wholly outside of any incorporated village or city, and bounded and described as set forth at Exhibit A attached hereto and incorporated herein by reference.
  2. The Improvements hereinabove referred to shall be constructed as set forth in the said MPR, at an aggregate estimated maximum cost of $6,596,000, which is planned to be financed by the issuance of serial bonds of said Town.
  3. The costs of said Improvements, including payment of principal of and interest on said obligations, shall be paid by the assessment, levy and collection of special benefit assessments upon the several lots and parcels of land within Sewer District #1, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same.
  4. The Engineer shall prepare plans and specifications and make a careful estimate of the expense for said Sewer District Improvements and, with the assistance of the Town's attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as practicable.
  5. Within ten (10) days after adoption of this order, the Town Clerk shall record with the Clerk of the County of Dutchess and file with the Office of the State Comptroller in Albany, New York, copies of this order, certified by said Town Clerk.
  6. This resolution shall take effect immediately.
Show preamble — 14 WHEREAS clauses
  • WHEREAS, at the request of the Town Board of the Town of Red Hook, Dutchess County, New York (the "Town"), T&B Engineering and Landscape Architecture, P.C., a competent engineer duly licensed by the State of New York (the "Engineer") has prepared an Map, Plan and Report dated May, 2024 (the "MPR"), and such MPR has been filed in the office of the Town Clerk of the Town of Red Hook and submitted to the Town Board;
  • WHEREAS, the MPR provides for the creation of a new sewer district to be known as Sewer District #1, to include the property described at Exhibit A attached hereto, generally described as being within a portion of the Town in the TND Zoning District south of the Village of Red Hook along Route 9, excluding the TND-R District located west of Rt. 9, for the purpose of providing sewer service to serve 51 parcels (50 tax parcels) in the Town;
  • WHEREAS, the proposed improvements as further described in the MPR include the construction and equipping of a collection system of approximately 10,123 LF utilizing a septic tank effluent pump ("STEP") system, connection to the Village of Red Hook Sewer System, and an expansion to the existing Village of Red Hook sewage treatment plant to provide capacity for an additional 50,000 gallons per day, and related improvements and equipment ("Improvements");
  • WHEREAS, the maximum amount proposed to be expended for the proposed Improvements described in the MPR is $6,596,000;
  • WHEREAS, the estimated cost of hookup fees within the proposed Sewer District #1 is as follows: $20,000 to $35,000 depending on the size of the step tank, provided that to the extent of available funds the base hookup fee (excluding specialized fees for site specific requirements such as restaurant grease traps), may be included in the initial capital project and waived for properties hooking up within the initial designated construction period, and the MPR includes a detailed explanation of how the estimated cost of hook-up fees was computed;
  • WHEREAS, a portion of the Improvements described in the MPR consists of improvements to the Village Sewer System pursuant to a proposed Intermunicipal Agreement ("IMA") in order to provide for use of such system for the proposed Sewer District No. 1, and the cost of expansion is anticipated to be paid in part by the Village and in part by the Town Sewer District #1 on the basis of a reasonable method of allocation based on the 50,000 gallons per day share of dedicated capacity required for the Sewer District #1 as described in the MPR;
  • WHEREAS, the plan of financing set forth in the MPR indicates that the Town anticipates the issuance of its obligations pursuant to the Local Finance Law to pay the costs of the Improvements;
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to the typical Sewer District No. 1 property assumed to be assessed capital costs based on 1 EDU, that being the mode of all properties in the proposed District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed;
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to a typical Sewer District No. 1 one or two family residential property to be assessed capital costs based on 1 EDU, that being the mode of such residential properties in the District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed;
  • WHEREAS, the proposed method of apportioning the costs of construction and improvement of Sewer District #1 is to assess the costs entirely against the lands benefitted thereby, being the entire area of the Sewer District #1; and to assess, levy and collect costs from the several lots or parcels within such benefitted area in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels, based on the number of EDUs as described in the MPR;
  • WHEREAS, after a public hearing duly held on May 29, 2024 and continued to June 11, 2024, upon notice duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, the Town Board by Resolution No. 53 adopted June 11, 2024, determined that the notice of hearing was published and posted as required by law and was otherwise sufficient; that all the property and property owners within the proposed additional Sewer District # 1 are benefited thereby; that all the property and property owners benefited are included within the limits of said proposed Sewer District #1; and that the establishment of the proposed Sewer District # 1 is in the public interest, and thereupon approved the establishment of Sewer District #1 subject to permissive referendum;
  • WHEREAS, notice of adoption of such resolution subject to permissive referendum was duly published and posted as required by law, and no petition for referendum having been filed within the 30-day statutory period;
  • WHEREAS, pursuant to Town Law Section 209-f, the New York State Comptroller has approved the establishment of Sewer District #1 by order dated July 29, 2025, a copy of which is on file with the Town Clerk;
  • WHEREAS, the Town Board as lead agency has heretofore declared the proposed project to be an unlisted action pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects, or the action avoids or minimizes adverse environmental impacts to the maximum extent practicable;

Lifecycle (1 event)

2025-08-12adoptedvote: 4-0
Establish Sewer District #1 pursuant to sections 209-F of the Town Law with a maximum estimated cost of $6,596,000.
moved by Hamel · seconded by Testa
Show text snapshot for this event
Resolved
  1. The establishment of Sewer District #1 is hereby approved in the Town of Red Hook, situate wholly outside of any incorporated village or city, and bounded and described as set forth at Exhibit A attached hereto and incorporated herein by reference.
  2. The Improvements hereinabove referred to shall be constructed as set forth in the said MPR, at an aggregate estimated maximum cost of $6,596,000, which is planned to be financed by the issuance of serial bonds of said Town.
  3. The costs of said Improvements, including payment of principal of and interest on said obligations, shall be paid by the assessment, levy and collection of special benefit assessments upon the several lots and parcels of land within Sewer District #1, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same.
  4. The Engineer shall prepare plans and specifications and make a careful estimate of the expense for said Sewer District Improvements and, with the assistance of the Town's attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as practicable.
  5. Within ten (10) days after adoption of this order, the Town Clerk shall record with the Clerk of the County of Dutchess and file with the Office of the State Comptroller in Albany, New York, copies of this order, certified by said Town Clerk.
  6. This resolution shall take effect immediately.
Whereas
  • WHEREAS, at the request of the Town Board of the Town of Red Hook, Dutchess County, New York (the "Town"), T&B Engineering and Landscape Architecture, P.C., a competent engineer duly licensed by the State of New York (the "Engineer") has prepared an Map, Plan and Report dated May, 2024 (the "MPR"), and such MPR has been filed in the office of the Town Clerk of the Town of Red Hook and submitted to the Town Board;
  • WHEREAS, the MPR provides for the creation of a new sewer district to be known as Sewer District #1, to include the property described at Exhibit A attached hereto, generally described as being within a portion of the Town in the TND Zoning District south of the Village of Red Hook along Route 9, excluding the TND-R District located west of Rt. 9, for the purpose of providing sewer service to serve 51 parcels (50 tax parcels) in the Town;
  • WHEREAS, the proposed improvements as further described in the MPR include the construction and equipping of a collection system of approximately 10,123 LF utilizing a septic tank effluent pump ("STEP") system, connection to the Village of Red Hook Sewer System, and an expansion to the existing Village of Red Hook sewage treatment plant to provide capacity for an additional 50,000 gallons per day, and related improvements and equipment ("Improvements");
  • WHEREAS, the maximum amount proposed to be expended for the proposed Improvements described in the MPR is $6,596,000;
  • WHEREAS, the estimated cost of hookup fees within the proposed Sewer District #1 is as follows: $20,000 to $35,000 depending on the size of the step tank, provided that to the extent of available funds the base hookup fee (excluding specialized fees for site specific requirements such as restaurant grease traps), may be included in the initial capital project and waived for properties hooking up within the initial designated construction period, and the MPR includes a detailed explanation of how the estimated cost of hook-up fees was computed;
  • WHEREAS, a portion of the Improvements described in the MPR consists of improvements to the Village Sewer System pursuant to a proposed Intermunicipal Agreement ("IMA") in order to provide for use of such system for the proposed Sewer District No. 1, and the cost of expansion is anticipated to be paid in part by the Village and in part by the Town Sewer District #1 on the basis of a reasonable method of allocation based on the 50,000 gallons per day share of dedicated capacity required for the Sewer District #1 as described in the MPR;
  • WHEREAS, the plan of financing set forth in the MPR indicates that the Town anticipates the issuance of its obligations pursuant to the Local Finance Law to pay the costs of the Improvements;
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to the typical Sewer District No. 1 property assumed to be assessed capital costs based on 1 EDU, that being the mode of all properties in the proposed District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed;
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to a typical Sewer District No. 1 one or two family residential property to be assessed capital costs based on 1 EDU, that being the mode of such residential properties in the District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed;
  • WHEREAS, the proposed method of apportioning the costs of construction and improvement of Sewer District #1 is to assess the costs entirely against the lands benefitted thereby, being the entire area of the Sewer District #1; and to assess, levy and collect costs from the several lots or parcels within such benefitted area in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels, based on the number of EDUs as described in the MPR;
  • WHEREAS, after a public hearing duly held on May 29, 2024 and continued to June 11, 2024, upon notice duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, the Town Board by Resolution No. 53 adopted June 11, 2024, determined that the notice of hearing was published and posted as required by law and was otherwise sufficient; that all the property and property owners within the proposed additional Sewer District # 1 are benefited thereby; that all the property and property owners benefited are included within the limits of said proposed Sewer District #1; and that the establishment of the proposed Sewer District # 1 is in the public interest, and thereupon approved the establishment of Sewer District #1 subject to permissive referendum;
  • WHEREAS, notice of adoption of such resolution subject to permissive referendum was duly published and posted as required by law, and no petition for referendum having been filed within the 30-day statutory period;
  • WHEREAS, pursuant to Town Law Section 209-f, the New York State Comptroller has approved the establishment of Sewer District #1 by order dated July 29, 2025, a copy of which is on file with the Town Clerk;
  • WHEREAS, the Town Board as lead agency has heretofore declared the proposed project to be an unlisted action pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects, or the action avoids or minimizes adverse environmental impacts to the maximum extent practicable;

Supersedes

53-2024
Subject key: sewer_district_1_establishment