[HISTORY: Adopted by the Board of Selectmen of the Town of East Hampton 8-23-1983
(Ord. No. 4.08). Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — Ch. 264.
The Water Pollution Control Authority is authorized to enter into agreements
on behalf of the Town of East Hampton with developers or other owners of land
for the construction of sewers or drains by and at the expense of such developers
or owners, which sewers may become part of the public sewer system under the
conditions hereinafter stipulated, and the Water Pollution Control Authority
is empowered to make, from time to time, any necessary regulations stipulating
the terms and conditions of said agreement not inconsistent with the provisions
of this chapter.
The Chairman or Vice Chairman of the Water Pollution Control Authority
is authorized to sign on behalf of the Town of East Hampton all such agreements
when the same have been authorized by said Authority.
The terms and text of a standard form of agreement for work under this
chapter or any variations of said standard form to apply to any particular
project thereunder shall be as approved by the Authority Attorney.
The Water Pollution Control Authority shall specify in the terms of such agreements, or on plans which are made a part thereof, the limits, sizes and grades of the sewers or drains to be built and the nature of and limitations on the waste or liquids to be conveyed. All the terms of and all subsequent amendments to Chapter 264, Sewer Use, shall be applicable to work done under such agreements.
Such agreements shall provide that the full cost of construction of
the sewer and all expense incidental thereto shall be borne by the developer
or owner, who shall, before commencing any work, deposit with the Director
of Finance of the Town of East Hampton, a sum deemed by the Town Manager of
the Town of East Hampton or his authorized agent, or such engineers as the
Water Pollution Control Authority may employ, to be sufficient to defray the
cost of preliminary surveys, of the preparation of designs and plans, of other
expenses of preliminary engineering, of inspection, supervisory engineering,
grade, staking, measuring, testing and all other expenses of the Town incurred
prior to or during construction, or during any maintenance period stipulated,
including allowances for pension, insurance and similar costs related to payroll.
Such agreements shall also provide that, in case said deposit proves to be
insufficient at any time during the progress of the work, a further deposit
shall be made upon notification by the Town Manager of said Town and that,
upon acceptance of the sewer or drain, any unexpended portion of said deposit
shall be returned to the developer or owner.
All such agreements shall provide that the developer or owner shall
assume all risks and hold the Town of East Hampton harmless from any and all
claims for damage arising from the work or its conduct. To secure such risks,
adequate liability, property damage and compensation insurance in amounts
fixed by the Authority shall be required of the developer or owner, who shall
furnish proper and acceptable certificates of insurance before starting work.
The Water Pollution Control Authority, whenever in its opinion there
is possibility of loss by the Town by reason of failure of the owner or developer
to complete the work contemplated in the agreement, or any part thereof, or
to comply with any maintenance requirements, may require as a part of said
agreement that adequate bond or other surety acceptable to the Town be submitted
to insure completion and maintenance of the work.
Such agreements shall require, whenever the work is not in a duly accepted
public highway, that adequate rights-of-way be conveyed to the Town prior
to the acceptance of the sewer or drain, the terms of conveyance being subject
to the approval of the Authority Attorney.
Whenever the sewers or drains to be constructed under any such agreement
connect directly or indirectly with any sewer, the cost of which was paid
for in whole or in part for assessments against benefiting property owners
a portion of which assessments consisted of benefits from the water pollution
control plant, main pumping stations and outfall sewer, or whenever the sewers
or drains shall be capped because a Town sewer outlet is not available, but
which outlet may become available in the foreseeable future, such agreements
shall provide that the developer or owner, before beginning work on the project,
shall waive the Authority's usual sewer assessment procedures, and shall
pay to the Town, as a connection charge in lieu of assessment, an amount of
money which the Sewer Commission shall determine to be:
A.
The amount which would have been assessed by reason of
said benefits from said plant, main pumping stations and outfall sewer to
the property served if the sewers being constructed under such agreement had
instead been assessed; or
B.
In the case of a capped sewer, the amount which would
be assessed as an outlet benefit when in the future the outlet sewer is constructed.
Connection charges payable under the provisions of § 261-9 hereof shall be paid to the Director of Finance of the Town of East Hampton, to be added to a sewer sinking fund maintained by such Director of Finance, to be utilized as determined by the Water Pollution Control Authority in accordance with the provisions of § 261-11 hereof.
Such sewer sinking fund shall be utilized to pay for the cost of extensions
and expansions of, and improvements to, the East Hampton sewerage system,
including survey, design, and engineering expenses, after public hearing and
upon resolution of the Water Pollution Control Authority pursuant to C.G.S.
§ 7-247a, provided provision is made for returning some or all of
such cost to such sewer sinking fund from sewer benefit assessments or from
connection charges levied against the properties especially benefited by such
expansions. Said sewer sinking fund may also be utilized to contribute to
sewerage system annual bond payments upon resolution duly adopted by the Water
Pollution Control Authority.
After certification by the Town Manager or his authorized agent, or
such engineers as the Sewer Commission may employ, that any sewer or drain
constructed under the terms of this chapter has been completed in accordance
with the plans, specifications and standards of the Town and that the maintenance
period fixed in the agreement has expired, and that all roadways, curbs, walks
and other surfaces and appurtenances disturbed by the work have been properly
restored, or that adequate security by bond or otherwise has been furnished
to assure such restoration, the Water Pollution Control Authority may, by
resolution, incorporate said sewer or drain into the East Hampton sewer system,
to become effective as specified in such resolution.
