[HISTORY: Adopted by the Town Board of the
Town of Wappinger as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-27-1998 by L.L. No. 3-1998]
This article shall be known and cited as Town
of Wappinger Local Law No. 3 of 1998, entitled "Assessment of a Ten-Percent
Late Penalty on Water and Sewer Charges," and formalizes the Town's
practice of imposing late penalties for unpaid or untimely paid sewer
and water charges in accordance with Town Law § 198(3)(d)
and General Municipal Law § 452(5)(d) in order to more efficiently
bill the residents of the Town of Wappinger for such public utilities.
A.
The Town Board heretofore authorized the imposition
of a policy imposing a ten-percent late penalty for all payments of
sewer and water charges that are delinquent by 30 days or more. In
accordance with § 198(3)(d) of the Town Law and § 452(5)(d)
of the General Municipal Law, the Town is permitted to assess a ten-percent
late penalty on all unpaid sewer and water charges in arrears for
30 days or longer. By adoption of this article, the Town Board wishes
to formalize its policy of assessing a ten-percent late penalty on
delinquent sewer and water charges and, at the same time, provide
a five-day grace period before such penalties are imposed. In addition,
any assessed penalty would appear on the next ensuing quarterly statement
for sewer and/or water charges. A copy of this article will be forwarded
by the Town Attorney to local title and/or land abstract companies
and the Dutchess, Orange, Ulster and Putnam County Bar Associations
for informational purposes.
B.
Section 10 of the Municipal Home Rule Law of the State
of New York authorizes a town to adopt by local law, for its own purposes,
any statutory provision, amendment or exemption which has been expressly
authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary.
C.
Currently, whenever sewer and water charges are paid
and/or received after their due date and such payments do not include
the required penalties, the entire payment is returned to the taxpayer
with a notice requesting that the payment be resubmitted with the
assessed penalties. This procedure has caused confusion for both employees
of the Town and residents of the Town. The Town Board has determined
that it would be in the best interests of the residents of the Town
of Wappinger that the procedure for implementing the assessment of
late penalties on delinquent sewer and water charges be changed.
A.
In accordance with the legislative intent noted above
and pursuant to the authority set forth in Town Law § 198(3)(d)
and General Municipal Law § 452(5)(d), the Town Board hereby
imposes a ten-percent penalty charge on all unpaid and/or delinquent
sewer and water charges in arrears for 30 days or longer. In addition,
the Town will allow for a five-day grace period from the due date,
whereby if payment is received within five days of the due date, no
penalty will be assessed. However, in the event payment is received
beyond the five-day grace period, any payments for water and sewer
charges will be received by the Town and applied towards the payment
of current sewer and/or water charges, and the ten-percent penalty
would be included with the next succeeding sewer and water bill. For
payments received after the five-day grace period, the Town's Water/Sewer
Billing Department will send a notice to the sewer/water customer
and/or taxpayer indicating:
B.
The notice will also state that if the penalty is
not paid by the time of the issuance of the next sewer/water bill,
the penalty will be reassessed on the next bill.
Because this article is a departure from a long-standing
practice, the Town Board directs that additional notice of the adoption
of this article be provided as follows:
A.
Within 30 days after the adoption of this article,
the Town's Water and Sewer Billing Department is hereby directed to
send an abstract of this article to all sewer and water customers
and/or taxpayers within any sewer or water districts or improvements
in the Town of Wappinger.
B.
The Attorney to the Town is hereby directed to send
a copy of this article to all title insurance companies and/or abstract
companies listed in the most recent edition of the Yellow Pages in
the Bell Atlantic Dutchess County Plus phone book, as well as to the
Dutchess, Orange, Ulster and Putnam County Bar Associations.
[Adopted 12-27-2010 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also repealed former Art.
II, Tenancy Terms for Water and Sewer Districts or Improvement Areas,
adopted 5-10-2004 by L.L. No. 6-2004, as amended.
A.
The purpose of this article is to increase the capital buy-in fees
to be paid by out-of-district parcels for entrance into the Town's
water or sewer districts (Fleetwood Water District, United Wappinger
Water District or United Wappinger Sewer District). The present buy-in
fee was adopted in 2004. The present buy-in fee is an amount equal
to a thirty-percent surcharge on operation and maintenance (O&M)
charges for a period of five years from the date of connection to
the water or sewer district. The Town Board has re-examined its current
capital buy-in policy for out-of-district users and has determined
that the buy-in fee should be more reflective of the value of the
water and sewer plants to which the parcels will be connected.
B.
The Town Board has been advised that the cost of constructing a new
sewer plant is estimated at $15 per gallon per day of design flow
and the cost of constructing a new water plant is estimated at $10
per gallon per day of design production. After due consideration,
the Town Board has determined that buy-in fees should be correlated
to the value of the water and sewer plants to which various parcels
will be connected. The buy-in fees are correlated only to the costs
of constructing the water or sewer plants. In addition, any parcel
seeking permission to join a water or sewer district will have to
pay capital benefit assessments in accordance with the benefit assessment
formula presently in effect for the water or sewer district.
A.
Buy-in fee. Any parcel of property seeking connection to a water
or sewer district shall pay a capital buy-in fee prior to or simultaneously
with connection to the respective water or sewer district.
B.
Calculation of buy-in fee.
(1)
Sewer districts.
(a)
Nonresidential parcels. The capital buy-in fee for out-of-district
nonresidential parcels to a sewer district shall be a sum equal to
$15 per gallon of estimated daily design flow, as determined by a
competent engineer and confirmed by the Engineer to the Town.
(b)
Residential parcels.
[1]
For single-family residential parcels with no more than four
bedrooms per residential unit, the average daily usage shall be deemed
to be 320 gallons per day, equaling a capital buy-in fee of $4,800.
[Amended 4-9-2012 by L.L. No. 7-2012]
[2]
For each additional bedroom, the presumptive daily usage will
increase by 100 gallons per day, with an additional capital buy-in
fee of $1,500 per bedroom over four bedrooms.
(c)
Multifamily residential units.
[1]
For studio apartments/units and one-bedroom apartments/units,
the average estimated daily usage shall be deemed to be 100 gallons
per day, for a capital buy-in fee of $1,500;
[2]
For a two-bedroom apartment/unit, the average estimated daily
usage shall be deemed to be 200 gallons per day, for a capital buy-in
fee of $3,000;
(2)
Water districts.
(a)
Nonresidential parcels. The capital buy-in fee for out-of-district
nonresidential parcels to a water district shall be a sum equal to
$10 per gallon of estimated daily design flow, as determined by a
competent engineer and confirmed by the Engineer to the Town.
(b)
Residential parcels.
[1]
For single-family residential parcels with no more than four
bedrooms per residential unit, the average daily usage shall be deemed
to be 320 gallons per day, equaling a capital buy-in fee of $3,200.
[Amended 4-9-2012 by L.L. No. 7-2012]
[2]
For each additional bedroom, the presumptive daily usage will
increase by 100 gallons per day, with an additional capital buy-in
fee of $1,000 per bedroom over four bedrooms.
(c)
Multifamily residential units.
[1]
For studio apartments/units and one-bedroom apartments/units,
the average estimated daily usage shall be deemed to be 100 gallons
per day, for a capital buy-in fee of $1,000;
[2]
For a two-bedroom apartment/unit, the average estimated daily
usage shall be deemed to be 200 gallons per day, for a capital buy-in
fee of $2,000;
C.
Additional capital buy-in fee. The buy-in fees for water or sewer
have been based upon estimated average daily demand determined by
a competent engineer and confirmed by the Town's Engineer. If,
during the next three years after connection to the water or sewer
system, it is determined that the actual average daily demand on the
water or sewer systems is greater than the amount estimated, the property
owner shall pay an additional buy-in fee calculated in accordance
with the above. This shall only apply to commercial property users.
D.
Benefit assessments. In addition to the above buy-in fees, all parcels,
once duly included in the water or sewer district, will be assigned
benefit units in accordance with the respective district formula,
as determined by the Town Assessor and shall be charged benefit unit
assessments on their yearly and state, county and Town tax bills to
pay for their pro-rata share of capital indebtedness incurred by the
district.
E.
Procedure for inclusion in water or sewer districts.
(1)
All proposed users will be required to petition the Town Board to
extend the boundaries of the water or sewer district in accordance
with Article 12 of the Town Law.
(2)
Applicants will be required to pay for all costs incurred by the
Town for legal and engineering work associated with the extension
of the district boundaries, the review and approval of the interconnection
to the district's existing infrastructure and all costs associated
with the construction and extension of any district pipes or appurtenances
necessary to connect the subject parcel to the respective district
facilities.
(3)
The applicant shall deposit a sum, as determined by the Town Board,
with the Town to guarantee payment of all such costs to be incurred
by the Town.
(4)
Once included in the water or sewer district, the subject parcels
will be assigned benefit units in accordance with the district formula,
as determined by the Town Assessor, and shall be charged benefit assessments
on their yearly state, county and Town tax bill.
(5)
Once connected, parcels will be charged for O&M in accordance
with the formula and rates as established by the Town Board for the
respective district.
(6)
All proposed users will be given an opportunity to review the formulas
for assigning benefit units for capital charges as well as the formula
for determining O&M (usage) charges. All proposed users shall
be required to sign a consent agreeing to the methodology utilized
to determine benefit units and O&M charges.
A.
The buy-in fee for water and sewer districts identified in § 236-6 above shall not apply to any parcels which are located within the original jurisdictional boundaries of the Wappinger Sewer Transmission Treatment Improvement Area (WST/TIA) and which are subsequently included in a new sewer district extension which will pay for an expansion of the sewer treatment facilities located at the Tri-Municipal Sewer Plant in the Town of Poughkeepsie. Such parcels, if included in a sewer district extension, will be treated on an ad hoc basis, with the capital buy-in fee, if any, determined by the Town Board at the time of such sewer district extension approval.
B.
The above formula will not apply to parcels which are located outside
the original boundaries of WST/TIA and which are included in a new
district extension which pays for an expansion of the Tri-Municipal
Sewer Facilities in the Town of Poughkeepsie. Such parcels, if permitted
to connect, will be treated on an ad hoc basis with the capital buy-in
fees determined by the Town Board; the Town Board shall, at the time
of such sewer district extension, reimburse the sewer district for
its pro-rata use of any of the existing sewer facilities as part of
the sewer district extension.
