Pursuant to the authority of the Sewer Rent Law, Article 14-F
of the General Municipal Law of the State of New York, and any and
all amendments thereto, the Town of Penfield hereby establishes this
sanitary sewer rent article. With this article and the authority granted
the Town Board, sewer rents shall be calculated and levied on an annual
basis as a means of producing revenue for all sanitary sewer districts
and/or extensions thereof.
As used in this article, the following terms shall have the
meanings indicated:
As used in relation to the term "sewer system," shall mean
all main, branch or trunk sewers, interceptor sewers, lateral, manholes,
pump stations, valve pits, and/or appurtenances associated therewith.
The water-carried human wastes which are discharged from
sanitary conveniences located within dwellings or businesses, including
but not limited to houses, apartments, group homes, nursing facilities,
commercial businesses, hotels and/or industrial facilities, etc.
That portion of the annual sewer budget which is to be raised
through annual sewer charges against real property within the sewer
district. There shall be a separate levy for operation and maintenance
and debt service.
A unit charge that when multiplied by the total number of
units within the consolidated sewer district equals the total annual
tax levy of the district.
A scale of charges established annually by the Town Board
and levied on properties within the aforementioned sewer district(s),
or extensions thereof, for the use of the sewer system or any part
or parts thereto.
All sewer pipes, manholes, pump stations, valves and other
appurtenances which are used or useful in whole or in part in connection
with the collection of sewage, water, industrial waste and other wastes
and which are owned, operated or maintained by said sewer districts,
or extensions thereof.
The uniform basis of assigning benefit of either having access to or use of the sanitary sewer system within the Town of Penfield. Sewer units will be calculated based on the criteria listed in § 180-3 below.
A listing of all parcels within the Penfield Consolidated Sanitary Sewer Districts and their respective unit totals as computed under § 180-3 and as updated annually.
A.
Unit calculation based on property use. Calculation of sewer units
for properties connected to the sewer system shall be made in accordance
with the following criteria based on specific property uses.
[Amended 2-3-2021 by Res. No. 21T-066]
|
Property Use/Description
|
Basis of Sewer Unit Calculation
| ||
|---|---|---|---|
|
Residential
| |||
|
Single-family home, townhome, condominium
|
1.0 unit/Tax I.D.
| ||
|
Attached townhome structures
|
1.0 unit/Tax I.D.
| ||
|
Apartments
|
1.0 unit/2- or 3-bedroom apartment
0.75 unit/1-bedroom apartment
| ||
|
Manufactured homes
|
0.75 unit/home site
| ||
|
Combination single-family home with professional office or customary
home occupation or in-law apartment
|
2.0 units
| ||
|
Group homes
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Commercial
| |||
|
Grocery store, pharmacy, retail outlets, shopping plaza, office
building, laundromat, service stations and car dealers, hotel/motel,
movie theaters, recreation/entertainment, etc.
|
1.0 unit for each business use or annual water consumption divided
by 60,000 gallons, whichever is greater
| ||
|
Day-care facilities
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Industrial/Manufacturing facilities
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Restaurants, fast-food establishments
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Food service, bakery, etc.
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Community Service
| |||
|
Public, private or parochial schools
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Colleges
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Church, convent, parsonage
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
|
Hospitals, nursing facilities, assisted-living facilities
|
1 unit/every 2 beds or annual water consumption divided by 60,000
gallons
| ||
|
Fire hall, ambulance hall, post office, government-owned facilities
|
1.0 unit or annual water consumption divided by 60,000 gallons,
whichever is greater
| ||
B.
Notes.
(1)
All sewer unit computations will be rounded to the nearest hundredth
of a unit.
(2)
Annual water consumption figures shall be obtained from the Monroe
County Water Authority, documenting the previous year's water use.
(3)
Where more than one water meter exists for a particular property
the usage shall be combined.
(4)
In the case of Sewer District #12 (Bay Front Area of Empire Boulevard),
sewer unit calculations are based on criteria set forth as part of
the establishment of Sewer District #12.
(5)
Those property uses not specifically mentioned above will be assigned
a use in accordance with the property class code as designated by
the Town Assessor's office.
C.
Unit calculation for bond indebtedness.
(1)
Sewer unit calculations for bond indebtedness (debt service) shall be made in the same manner as listed in Subsection A.
(2)
Vacant land. Each parcel of developable vacant land which is within
an existing sewer district or extension thereof and which has access
to the sewer system shall be charged bond indebtedness on the following
schedule:
D.
Unit calculation for new connections. In the case of first-time sewer
use through either new connection or a certificate of occupancy, calculation
of sewer units shall be made as follows:
(1)
June 30 of each year shall be the cut-off date for additions, deletions
and updates to the upcoming year's special district tax roll.
(2)
A new sewer account which either is connected to the sewer system
or, in the case of a new home, receives a certificate of occupancy
on or before June 30 will be added to the upcoming year's sewer special
district roll. Properties connected or receiving certificates of occupancy
after June 30 will be held over until the following year's sewer special
district roll.
(3)
Portions, for example:
(a)
A property connected on June 20 will be added to the upcoming
year's sewer special district tax roll and assessed 0.5 unit from
July 1 through December 31 of the current year, plus 1.0 unit from
January 1 through December 31 of the upcoming tax year. Therefore,
this property would be assessed a total of 1.5 sewer units for the
first year.
(b)
A property connected on or after July 1 misses the annual cut-off
date and will therefore be held over until the following year's special
district tax roll. In this case, the property will be assessed 0.42
unit from August 1 through December 31 of the connection year, plus
1.0 unit from January 1 through December 31 of the year for which
the property was held over, plus 1.0 unit from January 1 through December
31 for the upcoming tax year, yielding a total of 2.42 units for the
first year.
In accordance with this article and General Municipal Law Article
14-F, the Town Board, through the annual budget process, shall cause
the calculation of, public input on, and establishment of sanitary
sewer rents for those properties within sanitary sewer districts and/or
extensions thereof, as is appropriate.
Once the annual tax rate for various sewer rent components has been determined, this rate will be multiplied by the total number of units derived, as outlined in § 180-3A, B and C, to arrive at the sewer rent charge for each component. These annual sewer rent charges are included as separate line items on the annual property tax bill and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of Town taxes.
A.
Any property not currently within an existing sewer district or extension
thereof may petition the Town Board for approval to connect the property
to the public sewer system through an out-of-district user agreement.
B.
A petition letter shall be submitted to the Town Board requesting
approval of the out-of-district user status. The letter shall be accompanied
by a map of sufficient detail to describe the property and building(s)
to be connected, the connection point along the public sewer and demonstrating
a legal right of access to the sewer system. Upon review and consideration,
the Town Board may grant the property out-of-district user status
and authorize the Supervisor to execute an out-of-district user agreement
which stipulates:
Revenues derived from sewer rents shall be deposited into specific
funds to be known as "sewer rent funds," for each specific sewer rent
purpose. Moneys in such fund(s) shall be used only in the manner and
for the purposes specified and in the order required by the Sewer
Rent Law of the State of New York.
