2003 – No.1 – Extend Village Sewer System to Areas Unserved
VILLAGE OF SACKETS HARBOR
LAW #1 OF 2003 EXTEND VILLAGE SEWER SYSTEM
TO AREAS UNSERVED BY THE VILLAGE
Section 1. Purpose and Findings
The Board of Trustees of the Village of Sackets Harbor (hereinafter the “Board”), hereby finds that:
a. There are portions of the Village not served by the Village sewerage system (hereinafter referred to as the “System”), and there exists a need to extend the existing System to such an area in the Village. Such a need can reasonably be expected to arise again in the future.
b. Such extensions of the System will protect the health and safety of the residents, protect and preserve the physical environment, enhance the quality of life and provide for the general welfare of the residents of the Village.
c. The existing provisions of Article 14 of the New York State Village Law do not adequately10 (1) (ii) (e) (3) and 10 (I) (ii) (e) (2) of the Municipal Home Rule
authorize the Village to enact local laws which supercede the provisions of State law such as Village Law Article 14, and provide for the authorization, making, confirmation and correction of benefit assessments for local improvements, respectively.
d. A Local Improvement Project to extend the System (hereinafter referred to as the “Project”), and apportion the Project costs can be accomplished in accordance with Village Law Article 22. The costs of such a local improvement may be paid through the creation of a special benefit assessment district (hereinafter referred to as the “District”), the boundaries of which encompass the properties determined to be benefited by the Project. Absent unusual circumstances, the fairest and best method of collecting the costs of a sewer extension Project is to charge a special benefit assessment against each property located in the District in an equitable manner based upon the benefits to each property resulting from the Project. Village Law Sections 5-516 and 5-518 provide the method and manner for the collection of Special benefit assessments.
e. The enactment of a local law to provide for the extension of the System, the creation of special benefit assessment districts to encompass the project area, and the imposition and collection of such special benefit assessments to pay for the Project is in the best interests of the residents of Village of Sackets Harbor.
Section 2 – Supercession of Inconsistent Provisions of Village Law Article 14.
It is the specific intent of the Village Board of Trustees that the provisions of this local law shall supercede any and all provisions of Article 14 of the New York State Village Law which are inconsistent herewith.
Section 3 – Authorization For Projects To Extend The Village Sewerage System.
a. The Board is hereby authorized to plan, construct, maintain, repair and operate an extension to the Village sewerage system in any area of the Village that is not served by the Village System.
b. The Board shall cause a proposed Plan and Map of an extension Project to be prepared by a licensed engineer, which Plan and Map shall include the Project boundary encom-passing the lands to be utilized and served by said Project, and shall cause the proposed Plan and Map to be filed with the Village Clerk. Upon filing, said proposed Plan and Map shall thereafter be available to the public for inspection.
Section 4. Authorization to Establish a Local Improvement Special Benefit Assessment District and Apportion, Assess, and Collect The Costs of The Project As A Local Improvement Special Benefit Assessment.
a. The Board is hereby authorized to create a Local Improvement Special Benefit Assessment District (hereinafter the “District”)in connection with such a Project. All lands determined by the Board to be benefited by the Project shall be contained within the District’s boundaries.
b. The Board is hereby authorized to determine and apportion the amount of the expenses and costs to plan and design, construct, maintain, repair and operate the Project as shall be raised by special benefit assessments charged against the lands in the District determined to be benefited thereby.
Section 5. – Incorporation of Certain Provisions of State Law.
a. The determination and authorization to proceed with a Project, the establishment of the District boundary, the creation of the District, the determination of benefited lands to be included in the District, and the apportionment and assessment of the costs and expenses to be raised by special benefit assessments on the lands in such District, shall be completed pursuant to, and in accordance, New York State Village Law Section 22-2200, which section is specifically incorporated into this local law by this reference.
b. The collection of the special benefit assessments imposed for such a Project shall be accomplished in accordance with New York State Village Law Sections 5-516 and 5-518, which sections are specifically incorporated into this local law by this reference.
c. Nothing contained herein shall be construed to prohibit the assessment, charging, billing or collection of such other charges, rents or fees by the Board as may be allowed by law in connection with the design, construction, operation, maintenance or repair of the Project.
Section 6. – Severability.
If any part of this local law shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this local law.
Section 7. – Public Hearing.
A public hearing concerning the enactment of this local law shall be noticed and held pursuant to Municipal Home Rule Law Section 20.
Section 8. – Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State.