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Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. No. 05-28, § 1, 8-17-2005]
The Town allows for the private installation of sewers in Ferncrest Drive and Willow Drive by private residents and/or commercial entities based on the following restrictions.
For the purpose of this division the definition of "private installation" means anything not contracted by a municipality; installation contracted by a nonmunicipal agency and/or a private individual or group for private benefit.
[Ord. No. 05-28, § 1, 8-17-2005]
(a) 
There are certain preapproved sewer expansion plans generated for and on behalf of the Town of Cumberland within the approved facility plan for the eventual installation and connection to the Town public sewer system. One of said sewer line designs exists for Ferncrest Drive and Willow Drive.
(b) 
The commercial property to the west and adjacent to Ferncrest Drive, specifically Lots 491 and 776 on Assessor's Plat 21 has reoccurring problems with its existing ISDS system and that there are no other feasible options available to the property owner for on-site wastewater improvements and the existing establishments are in need of a sewer connection which is otherwise not available to it.
(c) 
The Town has designed and received approval for a sewer line adjacent to the property (Plat 21, Lots 491 and 776), entitled "Bear Hill Sewers," prepared by Water Works Engineering & Associates, Inc., dated 1995, of which Ferncrest Drive and Willow Drive are part. Due to the lack of funding, sewers within Ferncrest Drive and Willow Drive were not installed.
(d) 
The said Town acknowledges that the existing downstream sewer lines have the capacity to accept the sewer connection from the said Plat 21, Lots 491 and 776 to the west and adjacent to Ferncrest Drive.
[Ord. No. 05-28, § 1, 8-17-2005]
(a) 
The private installer shall be responsible for all costs associated with the installation of the sewers in the designated area and the collection costs associated of all sewer assessment charges. This cost shall include, but not be limited to:
(1) 
Town administrative fees, billing and collection fees.
(2) 
The installation of the sewers "as per plans and specifications," as prepared by the Town of Cumberland.
(3) 
Additional design fees associated with the preparation of contract specifications.
(4) 
Roadway restoration (including temporary and final overlay of roadway).
(5) 
Construction administration costs (either incurred by the Town of Cumberland or its consultant).
(6) 
Full-time resident inspection services (provided by the Town of Cumberland or their designee).
(b) 
The private installer shall obtain on behalf of the Town, all easements in connection with Ferncrest Drive and Willow Drive project and pay all associated easement fees.
(c) 
The private installer shall provide for and pay all costs associated with the installation of all house laterals, from the sewer main to each of the property lines. Laterals are to be provided for all buildable lots within the area.
(d) 
The private installer shall pay all fees for the construction administration and resident engineering services. These costs, based upon the contractor's construction schedule will be estimated by the Town's engineer and shall be paid, in advance, by the private installer and placed into an account for payment for these services. If balance remains, the balance will be credited back to the private installer. If the work is not completed and the funds are depleted, the private installer will be required to place additional money on reserve for these services.
(e) 
The private installer shall allow and pay all Town audits of the project cost for the purposes of establishing the final project cost for the purpose of establishing assessment fees.
(f) 
The private installer shall turn over the sewers as built plan and recorded easement to the Town upon certification by the Town's representative that the installation has been installed in accordance with the Town's specifications and the performance testing has been completed. The Town will pay the private installer a sum of $1 for all properties.
[Ord. No. 05-28, § 1, 8-17-2005; Ord. No. 09-02A, § 1, 3-18-2009]
(a) 
The Town shall:
(1) 
Within 120 days after the conclusion of the project, the Town will establish the assessment for each property within the project area. Each of the 33 property owners who will be serviced by this sewer will be assessed equally. Each said property owner will also have said assessment reduced by $1,000 from those funds described in subsection 40-172(a)(2)c. A copy of said assessments is to be attached hereto [by reference] and incorporated in Appendix C of this Code.
(2) 
Be responsible to collect all capital assessment payments, quarterly, for a term not to exceed 20 years, from all properties connected into the Ferncrest Drive and Willow Drive sewer line. The Town will, in turn, reimburse the private installer based upon the fees collected. The reimbursement of the private installer shall be as follows:
a. 
The sewer assessment fees for Plat 21, Lots 491 and 776 will be credited against the private installer's final audited cost relating to the project.
b. 
Seventy-five percent of the difference between the assessment credits and final project costs will be reimbursed to the private installer over the twenty-year period, in equal annual payments.
c. 
The 25% assessments that are not reimbursed to the private installer will be used to defray existing sewer capital debt service payments. This amount shall be an annual revenue to the sewer special revenue fund.
[Ord. No. 05-28, § 1, 8-17-2005]
If the Town finds that it is in its best interest to allow others to connect into the public line on Ferncrest Drive and Willow Drive, the private installer will have no claims for additional compensation for any increased assessment fees collected by the Town.
[Ord. No. 05-28, § 1, 8-17-2005]
The private installer will, in the future, be responsible for all sewer use fees relating to his use of the system.
[Ord. No. 05-28, § 1, 8-17-2005]
(a) 
The Town shall advertise Ordinance No. 05-28 in accordance with the law, and said advertisement shall:
(1) 
Specify the place of hearing and the date and time of its commencement;
(2) 
Indicate that the ordinance is under consideration;
(3) 
Contain a statement of the proposed ordinance that may be printed in its entirety or summarized to describe the matter under consideration;
(4) 
Advise those interested where and when a copy of the matter under consideration may be obtained and reproduced; and
(5) 
State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of views expressed at the public hearing.
Any alteration or amendment must be presented for comment in the course of the hearing. Subsequent publications shall include a brief description of the proposed ordinance as well as the date of the hearing, including the time and location and date of the first publication in its entirety.
(b) 
Notice of a public hearing shall be sent to such governing bodies, state and municipal agencies as may be provided for by law. In addition, a notice shall be sent to all affected parties within Ferncrest Drive and Willow Drive.
[Ord. No. 05-28, § 1, 8-17-2005]
Ordinance No. 05-28 shall be referred by the Town Clerk in writing to the Cumberland Planning Board for its advice and recommendation as required by G.L. 1956, § 45-24-51. A copy of the proposed ordinance shall be mailed, first class postage prepaid, to the Associate Director of the Division of Planning of the State of Rhode Island Department of Administration as required by G.L. 1956, § 45-24-53.