[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 7-10-2002 by L.L. No. 1-2002 (Ch. 52 of the 1988 Code). Amendments noted where applicable.]
The purpose of this chapter is to establish process for applying for and standards for approving or disapproving, applications for providing electric service to property located out of the Spencerport Electric Franchise.
The following terms shall have the meanings indicated in this section:
- FRANCHISE AREA
- The area in which the Spencerport Electric Franchise has the exclusive right to operate as set forth in the franchise granted to it by the State of New York.
- FRANCHISE MAP
- The map showing the boundaries of the Village Electric Franchise on file in the Village Hall and having been approved by the Village Board on February 2000 and updated by resolution as necessary.
- Municipal Electric Out-of-Franchise Review Committee.
- Any individual, firm, partnership, corporation or association of persons; the singular number shall include the plural.
- The Village of Spencerport.
- VILLAGE BOARD
- The duly elected Village Board of the Village of Spencerport.
Nothing contained herein is intended to expand the limits of the Spencerport Municipal Electric Franchise.
Nothing contained herein is intended to amend or supersede any provisions of the New York State Public Service Law. Any conflict between the state statutes and this chapter shall be resolved in favor of this chapter.
For the purposes of reviewing applications for out of district applications and making recommendations to the Village Board, a review committee is hereby established. This committee shall be known as the "Municipal Electric Out-of-Franchise Review Committee (MEOFRC)."
The MEOFRC shall consist of the following:
The Mayor of the Village, who shall serve as Chairman of the MEOFRC.
The Village Trustee with the responsibility for the electric franchise.
The Superintendent of the Electric Franchise.
The Village Attorney.
In order to apply for service from Spencerport Village Electric, the parcel of land in question must be contiguous to the Village Electric Franchise or to property serviced by the Village Electric Franchise.
In order to apply for out-of-franchise service, the applicant must show that the electric utility in whose franchise area the proposed project is located will not service the proposed project. Such proof must be in writing acceptable to the MEOFRC.
In order to apply for service, the applicant must furnish proof to the MEOFRC that the Public Service Commission has no objection to Spencerport Municipal Electric providing service to the project.
An applicant must apply in writing to the MEOFRC through the Village Clerk and provide the following:
Copy of plan for project;
Environmental assessment form (EAF);
Copy of application to any other Planning Board, Zoning Board or Town Board regarding the project;
Copy of any letters of sketch plan approval, preliminary approval or final approval from any other Planning Board, Zoning Board or Town Board regarding the project;
Written proof denying service by electric utility in whose franchise area project is located;
Proof that the Public Service Commission has no objection;
Estimate of electric usage prepared by a professional engineer; and
Within 30 days of receipt of all of the information set forth above, the Mayor shall call a meeting of the MEOFRC. At said meeting, the applicant shall have the opportunity to present the application and to answer any questions regarding it.
After the meeting is completed, the MEOFRC shall have 15 days to prepare a written report and recommendation to the Village Board of Trustees. Said report shall set forth the reasons for the recommendations.
Upon receipt of said report, it shall be reviewed by the Village Board of Trustees at the next regularly scheduled meeting. Should the written report from the MEOFRC not be given to the Village Board within 15 days, the Village Board shall review the minutes and records of the proceedings of the MEOFRC and proceed without a recommendation. Providing that all fees have been paid by the applicant, the Board shall have 32 days from this review to make a final determination. If fees have not been paid by the applicant, the time to make the decision is extended until 32 days after the fees have been paid. If the Village Board accepts the recommendation of the MEOFRC, a resolution reflecting that acceptance shall be acceptable. If the Village Board reverses the recommendation of, or acts without a recommendation from, the MEOFRC, it shall set forth the reasons for reaching a different conclusion.
The Village Board, with or without the recommendation of the MEOFRC, may condition approval on the applicant agreeing, in a form suitable to the Village Attorney, that the premises being constructed use other means, such as gas, propane or oil, for heating the premises and heating water for use on the premises. The Village Board may set such other and further conditions as it may deem necessary and appropriate for the application.
In making the recommendation to the Village Board, the MEOFRC shall be guided by the following standards:
The availability of municipal electric power at favorable rates to service the project;
The impact to ratepayers within the franchise area of providing service to the project;
The overall impact of the project on the Village of Spencerport, including such things as economic development, providing housing for senior citizens, providing jobs for residents of the Village and promoting the Canal Town theme of the Village of Spencerport;
The availability of other utilities, such as gas, propane or oil, to provide heating of the premises and water.
In making a final decision, the Village Board shall be guided by the standards set forth above.
All costs and fees shall be payable by the applicant within five days of billing to the Village of Spencerport. The MEOFRC or the Village Board shall have the authority to suspend the application process and all time limits associated with it until such time as the bills are paid. Further, before committing to additional costs, the MEOFRC or the Village Board may require the applicant to post a further cash deposit or irrevocable letter of credit to guarantee the payment of said costs. Any letter of credit shall be first approved by the Village Attorney.
Upon completion, inspection and acceptance of the installation, the electric facilities installed shall be dedicated to Spencerport Municipal Electric.