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Resolution #26-2019 — Local Law 2 of 2019 — Sewer Law Amendments

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Attached document2019-05-13
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RESOLUTION TO ADOPT PROPOSED AMENDMENTS TO THE VILLAGE SEWER LAW Local Law 2 of 2019

WHEREAS , a proposed form of a Local Law entitled “ A local law to amend Chapter 145, Sewers ” (the “ Proposed Local Law ” ) has been submitted to the Village Board of Trustees of the Village of Red Hook (the “ Board ” ); and

WHEREAS, the Proposed Local Law amends and clarifies the obligations of landowners within the active service area of the sewer system to connect to the sewer system and the costs associated therewith; and

WHEREAS, on April 8, 2019 the Board determined that the Proposed Local Law is a Type II action pursuant to the New York State Environmental Quality Review Act ( “ SEQRA ” ); and

WHEREAS, a duly noticed public hearing was held on May 13, 2019, during which all those who wished to speak were heard and their testimony recorded.

NOW THEREFORE BE IT RESOLVED, by the Board as follows:

  2. The Board hereby adopts said Proposed Local Law as Local Law No. 2 of 2019 (the “ Local Law ” ); and

  3. That the Village Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Village Code of the Village of Red Hook, to give due notice of the adoption of said Local Law to the Secretary of State of New York, and take all other actions as may be required by law.

The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows:

VILLAGE OF RED HOOK LOCAL LAW NO. 2 OF 2019

A local law to amend Chapter 145, Sewers

Be it enacted by the Village Board of the Village of Red Hook as follows:

Section 1 . Legislative intent.

This law amends the sewer use regulations for Village of Red Hook Sewer System. This law is adopted pursuant to authority granted by Article 10 of the Municipal Home Rule Law and Article 14-F of the General Municipal Law.

Section 2. Section 145-4 of the Sewer Law is amended to amend the definition of “ Service Area of the POTW ” , to read as follows:

– Service Area of the POTW the portion of the Village defined by resolution of the Village Board as having available sewerage service.

Section 3. Section 145-13 of the Sewer Law is hereby amended to read as follows:

§ 145-13. Connection to public sewer required. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the Service Area of the POTW, is hereby required at the owner ’ s expense to connect such facilities directly with the public sewerage system, in accordance with the provisions of this chapter, within 90 days after official notice to do so, provided that said public sewer is within 100 feet of the property line.

Section 4. Section 145-18 of the Sewer Law is hereby deleted and replaced with the following new Section.

§ 145-18. Disconnection of private sewer components. Once connected to the public sewer, any remaining cesspool, septic tank and similar wastewater disposal system that is not part of the STEP system shall be cleaned of septage by a licensed septage hauler and finally either filled with clean sand, bank-run gravel or dirt, or removed and properly disposed. When the connection is made to the public sewer, the connection to the private wastewater disposal facility shall be broken and both ends of the break shall be plugged, as appropriate.

Section 5. Section 145-52 of the Sewer Law is amended to read as follows:

§ 145-52. Apportioned costs.

  • A. The costs of furnishing and installing the sewerage system, including the septic tanks and grease traps that are part of the STEP system, shall be borne by the benefitted parcels within the Service Area of the POTW, whether or not connected to the sewerage system or developed, and apportioned upon the lands within the Service Area of the POTW in proportion as nearly as may be with the benefit that each lot or parcel may derive therefrom.

  • B. Future Phases. All costs associated with extending the sewerage system beyond the Service Area of the POTW shall be borne by the properties benefited by such expansion. The Village shall determine the route and location where the STEP force main may terminate. See also 145-20 and 145-21 above.

Section 6. Section 145-116 of the Sewer Law is amended to read as follows:

  • § 145-116. Normal sewage service charges.

  • A. All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, as set forth below.

  • B. The normal sewer service charge is based on typical single-family home water use, or a Benefit Unit (BU). A single-family property typically uses 150 gallons per day of water, or one BU. For every 150 gallons per day of water consumed, or portion thereof, a user will be charged an additional BU.

  • C. As part of the acquisition of the POTW, the Village has entered into a rate agreement with Red Hook Commons. Normal sewage charges for Phases 1, 2 and 3 of the Red Hook Commons development, as more particularly set forth in the agreement approved by the Village Board, are set forth below:

    1. Phases 1 and 2. Fixed annual rate.

    2. Phase 3. Normal sewer service charges.

Section 7. A new Section 145-116.1 of the Sewer Law is added to read as follows:

§ 145-116.1. Capital Costs.

Additionally, all properties within the Service Area of the POTW benefitted by the sewerage system, whether or not connected to the system, and whether or not developed, shall pay for their portion of capital costs, as set forth by resolution of the Village Board.

Section 8. Section 145-117 of the Sewer Law is amended to read as follows:

§ 145-117. Surcharge for abnormal sewage.

All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge. The surcharge shall be in accordance with a schedule of surcharges adopted by the Village Board, as may be amended by resolution of the Village Board from time to time.

Section 9. Section 145-118 of the Sewer Law is amended to read as follows:

§ 145-118. Total sewer service charges and capital costs.

The total charged to a property is the service charge, plus any surcharges, and capital costs.

Section 10. Severability.

The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law, which can be given effect within such part or parts.

Section 11. Effective Date.

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

Mayor Blundell made a motion to approve resolution 26-2019 and Local Law 2-2019 as submitted. DM Kovalchik seconded this motion. All were in favor.

PUBLIC COMMENTS

George Beekman stated office staff was unaware of garbage tag sale. Also, sidewalks on Cherry Street would create a traffic problem.

Mayor Blundell made a motion to pay bills after audit. Trustee Trapp seconded this motion. All were in favor.

DM Kovalchik made a motion to adjourn the meeting at 9:00 pm. Mayor Blundell seconded this motion. All were in favor.

Submitted by

Cynthia Chiarella Clerk/Treasurer