VILLAGE OF AURORA NY
LOCAL LAW #5 OF 2015: RULES AND REGULATIONS GOVERNING SEWERS TO AMEND LOCAL LAW #1 OF 2010 SEWERS

1   Purpose
2   Title
3   Authority
4   Repeal of prior law
5   Applicability
6   Definitions and word usage
7   Use of public sewers required; rules for use 
8   Private sewage disposal
9   Building laterals, street laterals and connections
10  Use regulations for public sewers
11  Establishment of sewer rent charges
12  Rates
13  Liability for sewer rent
14  Billing and payment schedule
15  Penalties and enforcement
16  Power and authority of inspectors
17  Violations; penalties for offenses
18  Easement Requirements
19  Effective date

1. Purpose.

 The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating the use of the public sewer system of the Village of Aurora by the residents of the Village, and by residents located outside the Village of Aurora, and by regulating the use of private sewage disposal systems within the Village of Aurora.

2. Title.

 This chapter shall hereafter be known and cited as the "Sewer Use Law."

3. Authority.

 This chapter is adopted under the authority of Article 14-F of the General Municipal Law of the State of New York.
4. Repeal of prior law.

 This chapter repeals and replaces Local Law #1 of 2010.

5. Applicability.

 This chapter establishes the rules and regulations for the use of the public sewer system of the Village of Aurora. Said sewer system consists of any and all sewage treatment facilities and connecting sewer lines operated and maintained by the Village of Aurora. This chapter further applies to any sewer lines located on private property connecting individual units to the public sewer system of the Village of Aurora.

6. Definitions and word usage.

A. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

APARTMENT  - A suite or set of rooms in a residential building.

APARTMENT BUILDING  - A building containing two or more sets of rooms in a residential building.

BOD (denoting biochemical oxygen demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.

BUILDING DRAIN - That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER - The extension from the building drain to the public sewer or other place of disposal.

DUPLEX - A residential building housing two families.

GARBAGE - Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
 
INDUSTRIAL WASTES - The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.

NATURAL OUTLET - Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

OUTSIDE USER - An owner or occupant, municipality or school of a unit which is located outside of the Village of Aurora.

PERSON - Any individual, firm, company, association, society, corporation, or group.

pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE - The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER - A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

SANITARY SEWER - A sewer which carries sewage and to which storm-, surface, and ground waters are not intentionally admitted.

SEWAGE- A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground-, surface, and storm waters as may be present.

SEWAGE OR WASTEWATER TREATMENT PLANT - Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS - All facilities for collecting, pumping, treating, and disposing of sewage.
SEWER - A pipe or conduit for carrying sewage.

SLUG - Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
 
STORM DRAIN (sometimes termed "storm sewer") - A sewer, which carries storm- and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERINTENDENT - The Superintendent of Public Works of the Village of Aurora or his authorized deputy, agent or representative.

SUSPENDED SOLIDS - Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

UNIT - Each building, business or separate living quarters served by the Village of Aurora water and sewer system and metered by its own separate water meter.

USER - An owner or occupant of a unit.

WATERCOURSE - A channel in which a flow of water occurs, either continuously or intermittently.

B. Word usage. "Shall" is mandatory; "may" is permissive.

7. Use of public sewers required; rules for use.

A. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the Village of Aurora, and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Village is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly to said sewer in accordance with the provisions of this chapter, within 180 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

B. No sewer service will be supplied to any new user in or outside of the Village until a written application is submitted to the Village Board stating the several and various uses for which the water and sewer are to be used on the premises, which application shall be on a form approved and prescribed by the Board of Trustees of the Village of Aurora and shall be subscribed by the users and all owners of the units for which the use of sewer is sought and which application shall contain an agreement by all said users and owners to be bound by and to comply in all respects with the provisions of this chapter. Said agreement shall be binding on the heirs, legatees, executors, administrators, successors, assigns, and other transferees of each said user or owner. Outside users shall in addition be required to execute a contract on a form prescribed and approved by the Board of Trustees of the Village of Aurora which shall contain a clause wherein all outside users and owners agree to be bound by and comply in all respects with the provisions of this chapter. Said agreement shall be binding also on the heirs, legatees, executors, administrators, successors, assigns, and other transferees of each said user or owner.

C. A nonrefundable application fee as set from time to time by resolution of the Board of Trustees must be submitted with each application.

D. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village of Aurora, or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste.

E. It shall be unlawful to discharge to any natural outlet within the Village of Aurora, or in any area under the jurisdiction of said Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

F. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage in any area under the jurisdiction of said Village.

8. Private sewage disposal.

A. Where a public sanitary sewer is not available under the provisions of §160-7A, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the Cayuga County Sanitary Code and the type, capacities, location, and layout of such disposal system shall comply with all recommendations of the Department of Health of the State of New York and/or the County of Cayuga. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

B. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in §160-7A, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

C. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.

D. No statement contained in this section shall be construed to interfere with or supersede any additional requirements that may be imposed by the New York State Department of Environmental Conservation and the Cayuga County Health Department.

E. When a public sewer becomes available, the building sewer shall be connected to said sewer within 180 days after official notice thereof, and the private sewage disposal system shall be cleaned of sludge and filled with clean, bank-run gravel or dirt.

9. Building laterals, street laterals and connections.

A. No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Village Clerk.

B. There shall be two classes of building lateral permits, for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.

C. A separate and independent building lateral shall be provided for every building requiring sanitary facilities, except where one or more such buildings stand at the rear of another on an interior lot and no private sewer is available or can be constructed to the building through an adjoining alley, courtyard or driveway. In this case, the building lateral from the front building may be extended to the rear building and the whole considered as one building lateral. In such cases, approval shall be obtained from the Superintendent prior to installation of the building lateral.

D. Where building laterals are to serve multiple dwelling structures, there shall be provided at least one separate building lateral for each group of eight apartments (or fewer).

E. Where a public sewer is to serve a complex of industrial, commercial, institutional or dwelling structures, special design of the building lateral system shall be required. Plans and specifications shall be prepared and submitted for approval of the Superintendent.

F. Existing building laterals may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter.

G. Building and street laterals shall be SDR-35, minimum of four inches, extra-heavy, cast-iron soil pipe, conforming to ASTM Specification A-74, and American Standards Association (ASA) Specification A-40-1. If installed on fill or unstable ground, the building or street lateral shall be of cast-iron soil pipe, although other pipe material may be permitted if such pipe is uniformly supported on a poured concrete cradle approved by the Superintendent. The distances between consecutive joints, as measured along the center line of the installed pipe, shall not exceed five feet except under abnormal circumstances, in which case this dimension may be exceeded if approved by the Superintendent. The size and slope of building or street laterals shall be subject to approval by the Superintendent, but in no event shall the internal diameter be less than three inches, nor shall the slope of the pipe be less than 1/8 inch per foot.

H. At the point of connection of a street lateral to a main sewer, a standard wye fitting and a one-eighth (forty-five-degree) bend shall be used. No lateral connection shall be made to the main sewer, which permits the flow into the sewer from the lateral to enter at right angles. The wye and eighth-bend fittings, previously mentioned, shall be inserted in the main sanitary sewer at the time of its construction for each proposed lot for either immediate or future development.

	(1)   The location of all lateral connections shall be indicated on a drawing and copies of this drawing showing the as-built location of these connections shall be furnished the Superintendent.

	(2)   Any street lateral which is to serve a school, hospital, or similar institutional or public building, or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the Superintendent, will receive sewage or industrial wastes of such volume or character that frequent maintenance of said building and street lateral is anticipated, then such street lateral shall be connected to the public sewer through a manhole. The Superintendent shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Superintendent. If required, a new manhole shall be installed by the Village in the public sewer as directed by the Superintendent.

I. Whenever possible, the building lateral shall be brought to the building at an elevation below the basement floor. Building laterals laid parallel to a bearing wall shall not be installed closer than three feet to such wall. The building lateral shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. The ends of all building or street laterals, which are not connected to the interior plumbing of the building for any reason, shall be sealed against infiltration by a suitable stopper, plug or other approved means.

J. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by mechanical or hydraulic means and discharged to the building lateral on approval by the Superintendent.

K. All excavations required for the installation of a building or street lateral shall be open trench work unless otherwise approved by the Superintendent. Pipe laying and backfill, regardless of pipe materials used, shall be performed in general accordance with Sections 3 through 67 of ASTM Specification C012, except that trench width measured at the top of the installed pipe shall not exceed 24 inches, and except that no backfill shall be placed until the work has been inspected. The depth of cover over the pipe shall be sufficient to afford protection from frost.

L. Joints and connections.

	(1)   All joints and connections shall be made gastight and watertight.

(2)   No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. The transition joint between cast-iron pipe and other pipe materials shall be made with special adaptors and jointing materials approved by the Superintendent.

M. The connection of the building lateral into an existing public sewer shall be made at the property line. All costs and expenses incidental to the installation and connection of the building lateral shall be borne by the owner. A cleanout shall be positioned at the property line. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building lateral. The method of connection of the building lateral to the street lateral will depend on the type of sewer material used and in all cases shall be subject to approval by the Superintendent.

N. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.

O. At least 24 hours in advance, the applicant for the building sewer permit shall notify the Village Clerk when the building sewer will be ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. The building sewer shall not be covered until the connection is completed and approved.

P. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village of Aurora.

10. Use regulations for public sewers.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters into any sanitary sewer.

B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.

C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or to any watercourse:

(1)   Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas.

(2)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals or fish, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of 2 mg/l as CN in the wastes as discharged to the public sewer.

(3)   Any water or wastes having pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(4)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other such interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, wax, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

D. No person shall discharge or cause to be discharged any substance in violation of Environmental Protection Agency industrial wastes rules or the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving, or can otherwise endanger life, limb, or public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

	(1)   Any liquid or vapor having a temperature higher than 150º F.

(2)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º and 150º F.

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the Superintendent.

(4)   Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(5)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent of such materials. 

(6)   Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent as necessary after treatment of the composite sewage to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(7)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

	(8)   Any waters or wastes having pH in excess of 9.5.

	(9)   Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids, such as, but not limited to, sodium sulfate, clay, sand, etc.

(b) Excessive discoloration, such as, but not limited to, dye wastes and vegetable tanning solution.

(c) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(d) Unusual volume of flow or concentration of wastes constituting slugs, as defined heretofore.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

E. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

	(1)   Reject the wastes.

(2)   Require pretreatment to an acceptable condition for discharge to the public sewers.

	(3)   Require control over the quantities and rates of discharge.

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection J of this section. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws.

F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

G. Where preliminary treatment or flow-equalizing facilities are provided for waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.

H. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with the plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

I. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether an eight-hour or a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples).

J. No statement contained in this section shall be construed as preventing special agreement or arrangement between the Village of Aurora and any industrial concern whereby an industrial waste of unusual strength or character, may be accepted by the Village for treatment, subject to payment therefore by the industrial concern.

11. Establishment of sewer rent charges.

A. The Board of Trustees of the Village of Aurora does hereby enact and impose sewer rent charges on the user and owner of each unit served by the water and sewer systems of the Village of Aurora.

B. The basis of said sewer rent charge shall be the amount of water consumed by each unit as metered or otherwise determined by the Village of Aurora.

12. Rates.

A. The sewer rent charge shall be fixed and established by the Board of Trustees for consumers within and outside the Village annually or at any other time as determined by the Village, except that, if no action is taken by the Village, the most recently adopted schedule shall continue in effect. Sewer rates shall be established pursuant to §§ 11-1118 and 11-1120 of the Village Law of the State of New York.

B. In case any water meter shall fail to accurately register the quantity of water passing through same, rent shall be charged at the consumption at the average of the last three available accurate readings, if any, within the last year. In determining the rate, any change in consumption since the defect occurred shall also be considered.

C. All unmetered water consumed by leaks or other sources in service connection pipes or for which there are no available readings shall be estimated by the Superintendent and the costs thereof, with interest and penalties, shall be added to the sewer rent for the current quarter.

D. The estimation of water consumption by the Superintendent pursuant to Subsection C above shall be final and binding.

13. Liability for sewer rent.

Each user and owner of a unit shall be jointly and severally liable for the sewer rent, interest, and all additional charges and penalties established herein.

14. Billing and payment schedule.

 The sewer rent charge shall be billed on a calendar-quarter basis and shall be due and payable for each calendar quarter in the month succeeding the end of each quarter, i.e., April, July, October and January of each year.

15. Penalties and enforcement.

A. If the sewer rent is not paid prior to the first day of the next succeeding month in which the charge was due, a penalty of 10% of the charge shall be added thereto. If the sewer bill, including penalty, is unpaid on the 10th day of the second month after payment is due, water to such property shall be shut off and an additional charge of $20 shall be imposed and designated a shutoff charge. Water service will only be restored after the entire bill, including all penalties and charges, shall be paid in full.

B. Notwithstanding the foregoing, collection of delinquent sewer rents may be enforced pursuant to General Municipal Law § 452, as enacted and amended now and hereinafter. All attorneys' fees and costs incurred by the Village of Aurora in collecting any delinquent sewer rent more than 45 days past due shall be charged against and added to the amount of the unpaid sewer rent and shall be a part of any lien therefore.

C. Notwithstanding the foregoing, delinquent sewer rents and penalties remaining unpaid on the 11th day of May of each year shall become a lien, and shall be added to the Village real estate tax levied against the property.

D. The Village Board of the Village of Aurora is hereby authorized to enforce this chapter in all respects, including the full power to collect rents, and its decision shall be final and binding.

16. Power and authority of inspectors.

A. The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes, including metalurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

17. Violations; penalties for offenses.

A. No person, firm, hospital, association, corporation, whether public or private, partnership, or any agent, employee, builder, plumber or contractor therefor or any of his or its agents, employees, or subcontractors shall in any way violate or assist, solicit, request, command or aid in any violation of any of the provisions of this chapter. A violation shall include, but is not limited to, the refusal, neglect or omission to do any act or obtain any permit required by any of the provisions of this chapter. All owners of each parcel of realty and all users of the sewer system where a violation occurs shall each be fully responsible for each said violation under this chapter in addition to the actual violators thereof. In addition, a person is liable for conduct constituting a violation of this chapter in which he performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.

B. An action or proceeding may be maintained in the name of the Village of Aurora in any court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of any portion, section or any part of any section of this chapter.

C. Nothing herein shall limit the authority or right of the Board of Trustees to disconnect the premises affected from the sanitary sewer system of the Village of Aurora and from the Village water supply system as provided in this chapter.

D. In addition to any and all remedies, penalties, charges and interest set forth herein, a violation of any of the provisions of this chapter shall be a criminal violation and, upon conviction thereof, each such violation shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Aurora.

(1)   In addition, all violators may be proceeded against by the Village or by the Superintendent, or by the owner of any property in the Village affected by such violation, by appropriate action or by proceeding in equity or otherwise to prevent, enjoin, remove, and/or to recover a money judgment.

(2)   The Village shall be entitled to recover from any person found in violation and from the owner of the property on which the violation has occurred all attorneys' fees, Superintendent's fees, and other costs to the Village of ascertaining and remedying violations of this chapter and enforcing the rights of the Village and penalties hereunder.

(3)   The imposition of all penalties for any violation of this chapter shall not excuse the violation thereof or permit it to continue. The application of all penalties hereinabove and herein provided shall not prevent the enforced removal and termination of conditions, acts, and omissions prohibited by this chapter, the enforced adherence thereto, or the taking of such other action as may be authorized by this chapter or any other law.

(4)   The remedies under this section may be used singly, concurrently and sequentially in any combination, and the use of one remedy shall not exclude the exercise of any other remedy hereunder.

E. Each day that a violation under this chapter shall be allowed to exist shall be deemed a separate violation.

18. Easement Requirements.

Easement Requirements- Generally.

1.	Permanent easements are required for all infrastructure and improvements referenced in these regulations, including, but are not limited to easements for: storm sewers and appurtenances, storm water drainage-ways and areas, sanitary sewers and appurtenances, water mains and appurtenances, streets and sidewalks, conservation and recreation areas and specialty pedestrian routes (trials, etc.).    

2.	All easements granted to the Village are necessary to ensure that infrastructure and improvements may be maintained, modified, repaired and/or replaced in a safe, effective and expeditious manner so as to limit disruption of services to potentially affected parties and such other purposes as may be deemed appropriate by the Village.

3.	All easements shall include provisions such that any and all areas disturbed and/or damaged shall be fully restored to a condition at least as good as the condition of the area and/or feature just prior to the start of the work.  Wherever and whenever possible, all easements must be in such form and substance as prescribed by the Village and meet the approval of the Village attorney, it being the intent of these regulations that all permanents easements shall be recorded with the Clerk of the County. 

4.	For new developments that include improvements and installations that will be dedicated back to the Village, the developer shall be responsible to show all proposed and finalized easements on all design and final project drawings, shall prepare all easement agreements to be used in such form and manner as directed by the Village, and shall prepare all the required maps and legal descriptions suitable for filing as required, complete the field stakeout of said easements and reimburse the Village for all costs to conduct reviews and to file completed documents. 

Detailed Requirements

1.	For either newly proposed developments which will include the installation of new facilities and utility pipes that will be dedicated back to the Village, or for locations where existing utilities presently exist on private property without any existing easement, the following requirements shall apply.  It is understood that where no easement presently exists, the intent of this regulation is to ensure a permanent easement agreement with the landowner is obtained and filed with the Clerk of the County thereby providing the Village unobstructed access to operate, maintain, modify, repair/replace and or re-design the utility in its overall responsibility to protect public health, safety and welfare.  Wherever and whenever a private landowner shall seek to obtain land use approvals of any type, or building or other permitting approvals of any type, the Village shall include as a condition in such approval(s) the landowner’s obligation to enter into a permanent easement agreement with the Village in such a form and content as prescribed by the Village in order to protect the Village’s interests in any and all utility infrastructure passing through, above, or under the subject landowner’s property.  Failure to adhere to the Village’s conditions as to the granting, or modification, of an approved permanent easement, or easements, as the case may be, shall subject the landowner to the revocation of the approval(s) or permit(s) being sought.  

2.	All permanent utility easements shall be a minimum width of 20 feet (centered on the pipe or feature), wherever the pipe is no greater than 36” in diameter and/or the depth of bury to the pipe invert is no greater than 10 feet below the ground surface.  For all other utility installations which exceed these thresholds, or where two utility features are to be included within a single easement area, the easement width shall be accordingly widened to a minimum of 25 feet or greater, depending on the specific circumstances that exist.

3.	For each permanent easement granted to the Village, an additional temporary easement shall be agreed upon which will provide a suitable access route to the permanent easement area as well as additional working widths adjacent to the permanent  easement (10 feet wide), so as to allow adequate space for performing whatever work is needed.

19. Effective date.

 This Local Law shall be effective upon filing with the State of New York and supersedes all previous versions.