Granville Community Calendar

Ordinance 37-01

 WHEREAS, the Granville Exempted Village School District Board of Education (“the District”) has determined that, as a result of increased enrollment, the construction of a new intermediate grade 4, 5 & 6 school is necessary (“the new school”); and

 WHEREAS, the District has decided to construct the new school on 184 acres located between Burg Street and Loudon Street in the Northern portion of Granville Township, on property known as the Van Winkle property (“Van Winkle property”); and

 WHEREAS, the Van Winkle property is located outside of the corporate boundaries of the Village of Granville (“Village”); and 

WHEREAS, the Village of Granville has a long established policy to deny new water and sewer utility services to properties or structures located outside the corporate boundaries of the Village to control and shape growth with an emphasis on preserving farmland, open space, natural land features and the rural atmosphere that is unique to the Village, and it hereby restates that policy (“policy”); and

WHEREAS, the District previously requested water and sewer services from the Village before the School District purchased the Van Winkle property, but the District wanted the utilities without joining the new school or the Van Winkle property to the Village via an annexation; and

WHEREAS, on January 17, 2001, the Granville Village Council (“Village Council”) denied the District’s request for water and sewer services; and

WHEREAS, the Village denied the water and sewer services for several reasons, including: (1) the Village’s longstanding policy of not extending utilities beyond its borders; (2) the Village’s concern that an extension of utilities without annexation might lead to unwanted residential growth; (3) the Village’s interpretation of the Village-Granville Township 1998 Comprehensive Plan and, specifically, the Plan’s stated goal of protecting and preserving agricultural land (the Van Winkle property was agricultural land); (4) the Village’s concern that a new school at the Van Winkle property could create a significant traffic burden on Village streets; (5) the Village’s recognition that there are no alternate roads to transport students from the southern and eastern portions of the Township to the new school; (6) the Village’s concern that the new school site did not lend itself to pedestrian and bike traffic and the School District had made no commitment to construct a bike path to the new school; and (7) the Village’s belief that the new school would be best protected by the Village police (the other schools in the Granville Exempted School District are protected by the Village police); and

WHEREAS, the OEPA expressly stated to the School District on February 27, 2001 that its communication did “not constitute an approval” for any on-site wastewater treatment system; and

WHEREAS, the District began construction of the new school despite the Village Council’s denial of utilities and before securing a permit to install an on-site sewer treatment plant from the OEPA; and

WHEREAS, while in the middle of the construction process, the School Board learned that the OEPA is unwilling to approve an on-site sewer treatment plant on the Van Winkle property because of environmental pollution risks; and

WHEREAS, the OEPA believes that, when sanitary sewers are available (e.g., from local municipalities such as the Village), sanitary sewers should be the preferred alternative and should be approved in lieu of alternatives such as on-site package plants; and

WHEREAS, even though the OEPA cannot, by law, force the Village to extend water and sewer services, the Village nevertheless is sensitive to the OEPA’s concerns and would like to assist the OEPA in meeting its goals; and 

WHEREAS, the Village recognizes the substantial public funds which have already been expended on the Van Winkle property and in the new school (land purchase, initial construction, and soil stabilization), and the Village does not want these public resources to be wasted because of the lack of available sewer utilities; and

WHEREAS, for a second time, the District has requested that the Village provide sewer services to the Van Winkle property and the Village, in an effort to assist the District in carrying out its public duties and to ensure the continued success of the Granville students, hereby finds and determines that it is in the best interest of the Village to make a limited exception to the above mentioned policy and provide the surplus sewer services to the District, notwithstanding its established policy not to do so; and

WHEREAS, as further consideration for the foregoing, the District agrees to place deed restrictions on the Van Winkle property containing the new school site so that the Van Winkle property will only be used for school purposes in the future.

NOW, THEREFORE, BE IT ORDAINED, by the Council of Granville, Ohio, a majority of the elected members concurring that:

Section 1: The Village has previously stated its policy of not providing surplus utility services to any property outside of the boundaries of the Village, and it hereby restates that policy. However, for the reasons stated herein, the Village is willing to provide sewer utilities to the new school;

Section 2: The Granville Village Council authorizes the Village Manager to enter into a contract with the District setting forth the rights, duties and responsibilities of the parties, including the rates and billing terms, with regard to the sewer services at a rate between 1.0 and 1.3 of the Granville residential rate, subject to approval by Council;

Section 3: Pursuant to the terms and conditions of this Ordinance and the terms and conditions of the contract to be entered into between the Village and the District, the Village hereby is authorized and shall provide surplus sewer services to the new school. At a minimum, the contract for sewer services shall contain the following terms, conditions, and obligations:

· The School District shall use the sewer utility services solely for public school purposes. The sewer utility services shall not be used for any other purpose, such as for residential or commercial purposes. · The sewer services shall be provided to the District on an exclusive basis for 50 years commencing upon enactment of this Ordinance. · The sewer lines shall be sized and limited to accommodate the new school and avoid excess capacity. · The road between Burg Street and Loudon Street shall be a public road, open at all times, with an 80 foot easement. · The School District shall work to construct a bike path from the existing high school to the new school and, if necessary, shall share in the expense of constructing such bike path. · The School District shall agree to set aside some portion of the Van Winkle property as permanent green space, such number to be negotiated with the Village after the School District obtains expert guidance. · The primary entrance to and exit from the new school shall be on Loudon Street (see Granville Township Board of Zoning Appeals decision, April 19, 2001, at p. 5, 3. · The Village shall provide this public utility service to the District on an exclusive basis, and no other property shall be permitted to connect to any such services or the improvements used to provide such services. It is hereby determined to be in the best interest of the Village to prevent any such connections or any other use of the utility services or improvement provided therewith.

Section 4: The terms and conditions of the contract entered into between the Village and the District shall contain a provision that the District accepts a duty to contact property owners and make a good faith effort to annex the Van Winkle property to the Village. The contract will also contain a provision that if the District is unable to obtain sufficient property owner support for an annexation at this time, the District agrees to apply for annexation of the Van Winkle property at any time in the future when annexation to the Village becomes legally possible, as determined by the Village and its legal counsel;

Section 5: The District will construct, maintain, and repair at its own cost all necessary lines, pipes, and conduits necessary to transport sewage between the Village and the school site, subject to approval of the Village;

Section 6: If School District is successful in annexing the Van Winkle property and such annexation is completed within two (2) years from the date of this ordinance, the Village hereby states its willingness to negotiate with the School District to share a portion of the costs described in Section 5. The exact amount of the Village’s participation is subject to negotiation;

Section 7: The District will also obtain, at its own cost, any easements necessary for the transportation of the sewage;

Section 8: The District will retain ownership of all lines, pipes and conduits necessary to transport sewage between the Village and the School site and shall hold the Village harmless and defend the Village against any and all liability related thereto;

Section 9: The District shall be responsible for the expense of the tap-in fees and all other expenses not specifically delineated herein but associated with the extension of sewer services to the District;

Section 10: It is the intent of this Ordinance that the selective extension of sewer services authorized herein shall be solely for the purpose of and shall be restricted to providing sewer services to the intermediate elementary school to be constructed on the Van Winkle property. Should the District decide in the future to further develop the Van Winkle property and construct additional facilities which require sewer services, then the District shall be required to seek additional selective extension of the sewer services from the Village;

Section 11: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the Municipality and its inhabitants for the following reasons: (1) OEPA’s position that when sanitary sewers are available that they are the preferred alternative to on-site package plants; (2) OEPA’s policy to deny on-site systems or package plants when sanitary sewers are available; (3) OEPA’s conclusion that an on-site package plant would be an unnecessary burden on the District and would result in the degradation of the waters of the State; (4) that the degradation of the waters and streams in the Granville area constitutes an immediate and unacceptable threat of environmental harm to the Village and its surrounding townships; and (5) that failure to immediately approve the selective extension of the Village’s sewer services could result in the school site not being ready for the academic year 2002-2003, thereby resulting in over-crowded classrooms for children in the existing schools. 

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