[Adopted 9-10-1979 (Ch. 18, Art. III, of
the 1985 Code of Ordinances)]
[1]
Editor's Note: The ordinance and rules referred
to in this article are on file in the office of the Town Clerk.
For the purpose of this article, the following
terms, phrases and words shall have the meanings given herein:
That part of the lowest horizontal piping of a drainage system
which receives drainage pipes inside the walls of the building and
conveys it to a point five feet outside the inner face of the building
wall.
The sewer pipe from the main sewer in the street to the property
line.
That agreement between the Sewer Authority and the developer
referred to in the "Ordinance Authorizing the Construction of Sewers
by and at the Expense of Developers." The permit agreement will include
the material for the developer in the above ordinance.
The Town of Smithfield Planning Board or any of its officers
or designees serving within an official capacity.
Sanitary and industrial wastes as defined in "Rules and Regulations
of the Town of Smithfield Sewer Authority Regulating the Construction
of, Use of, Discharge of, Discharge of Substances Into, and Connections
to the Public Sewers and Drains of the Town of Smithfield and the
Installation of Drains and Other Pipe Fixtures Intended to Discharge
Wastes into said Sewers and Drains," which may be amended from time
to time.
Includes the main pipe or conduit, manholes and other structures
and equipment appurtenant thereto provided to carry sewage.
The Town of Smithfield Sewer Authority or any of its officers
or designees serving within an official capacity.
Includes the sewer, laterals, house connections, pumping
stations, easements and other structures, land and equipment necessary
to provide a complete and efficient system.
The Town of Smithfield or any of its officers or agencies
serving in an official capacity.
The Smithfield Town Council or any of its officers or designees
serving within an official capacity.
When it is agreed by the Planning Board and
the Sewer Authority that a proposed subdivision can be connected to
the existing sewer system, said subdivision will not be considered
for review or approval by the Planning Board until the developer has
executed with the Sewer Authority a permit agreement calling for the
installation of a sewer system and connection to the existing sewer
system as provided in an "Ordinance Authorizing the Construction of
Sewers by and at the Expense of Developers." The contractor is required
to submit subdivision plans in the format of blue or black line prints
showing the proposed plan and including the proper size pipe, type
of pipe and specifications for review by the Sewer Authority.
Notwithstanding the provisions of § 294-8, proposed subdivisions within 5,000 feet of an existing sewer system shall provide for the installation of a sewer system as provided in an "Ordinance Authorizing the Construction of Sewers by and at the Expense of Developers," and, as identified in this section.
A.
The developer shall install both the sewer and the
lateral from the sewer to the property line. In the case of new street
construction, the developer shall make such installation before the
surfacing of the street is completed.
B.
When an owner of any lot, or his agent, of any approved
subdivision applies for a building permit, the Building Official shall
require, as a condition of the issuance of such permit, that said
owner or agent show on the plot plan the layout of the future connection
from the lateral to the building drain.
C.
Prior to any consideration of a subdivision by the
Planning Board, the Sewer Authority shall provide the elevations at
each point where the sewers are capped; the developer shall design
and build the sewer system to these elevations. The Sewer Authority
shall provide design criteria, including capacities, for the sewers.
D.
The developer shall cap all open ends of the sewer
system and provide the Sewer Authority with complete as-built plans
of the sewer system. Said plans shall indicate the exact ties and
elevations so that capped ends and laterals are readily located.
E.
Where the topography prevents installation of the
sewer within the street, which determination shall be made by the
Sewer Authority, the developer shall install the sewer within easements.
The location of such easements shall be approved by the Planning Board
and deeded to the Town. Sewer easements shall be of the following
dimensions: Temporary construction easements equal to 50 feet width
and permanent easements of 20 feet width, the overall total of which
shall be of 50 feet width.
F.
When the Sewer Authority deems that a pumping station
is necessary to serve the subdivision, compliance with the following
provisions must be observed:
(1)
Adherence to Smithfield Zoning Ordinance restrictions
and, when necessary, application for zoning variance; and
(2)
Fulfillment of the requisite obliging the developer
to either install said pumping station and appurtenant equipment thereof
or deposit with the Town an amount sufficient to defray the cost of
constructing, equipping and installing said pumping station. The amount
of this deposit shall be based upon the engineers' estimates approved
by the Sewer Authority. It may be in the form of cash or a savings
account standing in the name of said Town to be deposited with the
Town Treasurer, and it shall be used only for the construction, equipment
and installation of the pumping station at such time as the sewer
system becomes active.
G.
Equipment for outside service.
(1)
The developer shall not be required to include as
part of the capped sewer system construction any pipes, pumping stations
or other appurtenances which would be required for or would serve
areas outside of the subdivision in question. Should variances from
this criterion become necessary, provisions shall be made for giving
the developer a credit for the cost of such items in excess of the
cost of the system required for the particular subdivision.
(2)
Subdivisions within an area for which a master sewer plan has been completed, accepted and filed, and for which a permit-agreement is not required [as described in Subsection G(1) hereof], shall not be approved by the Planning Board until the Sewer Authority has approved a design of a sewer system serving said subdivision. Said design shall be prepared by the developer at his expense, conform to accepted engineering practices and existing installation requirements and provide for an economical and effective future installation of the sewer system. Any easements called for by such design shall be approved by the Planning Board and deeded to the Town.
As provided in an "Ordinance Authorizing the
Construction of Sewers by and at the Expense of Developers," a connection
charge shall be established as a provision of the permit agreement
calling for the installation of the sewer system, except that the
amount of such charge shall not be stated nor become due until the
sewer system in the development is connected to the public sewer system.
The Sewer Authority shall, within 30 days from the date of its approval
of the permit agreement, cause a caveat warning of said charge to
be prepared and recorded on the Town land evidence records; said caveat
will be placed on all lots contained within said development. At such
time as connection to the public sewer system is made, the Town Council
and Sewer Authority, by resolution, shall determine said charge, the
amount of which shall not exceed that currently prevailing in the
master sewer plan area; the due date or dates thereof; and, the terms
of payment of principal and interest should the Sewer Authority elect
to permit payment over a period not to exceed five years (resolution
to be made pursuant to Chapter 96 of the Public Laws of Rhode Island,
1973 Session, as amended). Any such amount or portion thereof that
remains unpaid after 30 days from the due date shall be adjudged delinquent
and be subject to interest from such due date as in the case and manner
provided by the General Laws of Rhode Island for delinquent property
taxes.
If a developer subdivides lots fronting on an
existing Town road, the Sewer Authority may waive the requirements
of installation of a sewer system serving such lots if it finds such
installation to be impracticable, provided that any easements necessary
for future sewer installation are dedicated to the Town. The Sewer
Authority may by agreement with the developer provide for immediate
or future construction of the sewer system in one of the following
manners:
A.
By the developer as provided in this article, with
provision for reimbursement if other properties connect;
B.
By the Sewer Authority with the developer defraying
his share;
C.
By the Sewer Authority with the developer depositing
with the Town, in the form of cash or a savings account assignment,
his share of the estimated cost, to be held by the Town for construction
at some future date; or
D.
By some other reasonable and equitable method.
[Amended 1-4-2011 by Ord. No. 2011-02]
A.
Appeals.
Appeals to any decision made by the Planning Board regarding the installation
of sewers in subdivisions may be made directly to the Town Council
by submitting a notice of appeal for consideration. Such notice of
appeal shall identify the grounds thereof and must be filed in the
Town Clerk’s office within 30 days of the decision.
B.
Hearings.
Hearings for appeals shall be scheduled by the Town Clerk’s
office within a reasonable time from submission. Public notice thereof
shall be given in a newspaper of general circulation in the Town at
least seven calendar days prior to the hearing. Due notice shall also
be given to the appellant, the owners of the property within 100 feet
of the property in question and other parties in interest. All costs
of notice hereunder shall be paid in advance of the hearing by the
appellant. Decisions relative to appeals shall be made within 60 days
of the submission of the appeal. Any party may appear at the public
hearing in person, by agent or by attorney.
C.
Procedure
for subsequent appeal. Any person or persons, jointly or severally
aggrieved by any decision of the Town Council hereunder, may present
an appeal to the Superior Court, as provided in the General Laws of
Rhode Island.
