A.
New or expanded connections.
(1)
The wastewater treatment plant was designed to handle
the wastewater flow from the existing development within the sewer
district with a ten-percent allocation for growth. As a result, as
new development occurs or as uses of existing parcels are modified,
there will be a need for additional capacity at the wastewater treatment
plant to treat the additional flow. The treatment capacity at the
sewage treatment plant is a valuable asset to be used for the betterment
of the community. In this article of the Sewer Use Law, the procedure
that the Town Board will utilize to make decisions on the allocation
of the remaining sewage treatment capacity is set forth. Applicants
for new sewer connections and/or existing users making modifications
to their improvements that result in significant additional wastewater
flow need to obtain an allocation of sewer capacity from the Town
Board under this article.
(2)
If growth were to occur within the sewer district,
the capacity of the wastewater treatment plant may have to be expanded.
The cost of the expansion will primarily have to be paid for by the
users of the sewer system. In addition, over time, the wastewater
treatment plant will need to replace equipment and the replacement
cost of that equipment may not be covered by the annual operation
and maintenance budget. As a result, the Town needs to develop a capital
fund that can be used for the periodic replacement of equipment and
any necessary expansions. In order to equitably allocate such costs
to the new users or expanded users, this article imposes a surcharge
on new connection and/or expansion of existing connection which approximates
the cost to the sewer district to replace the capacity absorbed by
the new or expanded user.
B.
Criteria household connection.
(1)
Each new household connection to the sewer collection
system or expansion from an existing household connection from a parcel
within the Sewer District will require an approval of the Town Board.
The Town Board will issue a decision whether or not to issue an approval
based upon the following criteria:
(a)
The remaining unallocated capacity of the wastewater
treatment plant;
(b)
The density of the development;
(c)
The competing demands for sewer service and
the community's needs for other services;
(d)
The timing of the submission;
(e)
The sewer capacity, if any, allocated to said
parcel in the Task 2 Report as attached hereto; and
(f)
Any contractual obligations relating to sewer
capacity allocation.
(2)
Existing households can make improvements to their
house without requiring an additional allocation. Additional allocations
will be required if an additional EDU is being added. An additional
EDU would be required if the modifications being made to the property
would allow for the building to be occupied by an additional family
unit living separately from the existing unit or units within the
building. If additional flow is allocated to a household, it will
be allocated in increments of an EDU.
C.
Criteria nonhousehold connection.
(1)
Each new nonhousehold connection to the sewer collection
system or expansion from an existing nonhousehold connection from
a parcel within the Sewer District will require an approval of the
Town Board. The Town Board will issue a decision whether or not to
issue an approval based upon the following criteria:
(a)
The remaining unallocated capacity of the wastewater
treatment plant;
(b)
The density of the development;
(c)
The competing demands for sewer service and
the community's needs for other services;
(d)
The timing of the submission;
(e)
Impact of the project on the overall quality
of life of Town residents;
(f)
The sewer capacity, if any, allocated to said
parcel in the Task 2 Report, as attached hereto; and
(g)
Any contractual obligations relating to sewer
capacity allocation.
(2)
If an existing nonhousehold connection is making a physical modification to its facility which will require site plan review, it must appear before the Town Board for determination on whether an additional GPD allocation is necessary. At that time, the existing nonhousehold connection will identify its current flow and its projected flow during its peak season and during the Town's peak season. The Board will have to make a determination on whether to allocate additional flow to the property in accordance with the criteria set forth above. If additional flow is allocated to the property, it will be allocated in increments of 75 gallons per day. If an applicant exceeds the allocated GPD during its or the Town's peak season, the applicant will be surcharged for the additional flow in accordance with § 103-82C. The surcharge will be a capital surcharge and not used for annual operation and maintenance. The applicant will have the ability to purchase an additional allocation to address this excess flow.
D.
Calculation of unallocated capacity. The Town will
maintain a schedule or log showing the unallocated capacity. For purposes
of this calculation only, the Town Board will consider as unallocated
capacity the difference between the thirty-day average permitted flow
and the maximum actual thirty-day average flow that occurred within
the past 12 months plus any capacity specifically allocated pursuant
to this article of the Sewer Use Chapter to new or expanded users
that have not commenced the new or expanded discharge. Unless otherwise
specifically stated herein, nothing in this article requires the Town
Board to allocate sewer capacity in accordance with the Task 2 GPD.
In evaluating and making the decision regarding the flow capacity
to be assigned to a potential new or expanded user, the Town Board,
in its discretion, shall consider, to the extent appropriate and relevant,
the design flow allocations published by the New York State Department
of Environmental Conservation for new sewage treatment plants, the
actual measured flow for the particular use and the actual measured
flow for similar uses within the community.
E.
Planning Board site plan approval or subdivision approval.
Prior to issuing any subdivision approval and/or site plan approval
to a parcel within the sewer district and/or prior to issuing a building
permit to a parcel within the sewer district, the development of which
in accordance with the approval would result in an increase in sewage
discharge or a new connection, the Planning Board and/or the Code
Enforcement Officer shall refer the applicant/property owner to the
Town Board for a sewer collection allocation in accordance with this
article. The Town Board's issuance and/or denial of a sewer allocation
is not intended to be proof of or support for or against an application
before the Planning Board; it shall, however, be evidence as to whether
the proposed project needs to make alternative arrangements for sewage
disposal.
F.
State Environmental Quality Review Act. For purposes
of compliance with the State Environmental Quality Review Act, Environmental
Conservation Law, Article 8, as authorized under 6 NYCRR 617.(5)(b),
the Town Board's approval and/or denial of a sewer allocation under
this article to a parcel within the sewer district is a Type 2 action
under SEQRA. (Note that the construction and operation of the sewage
collection system and treatment plant were fully addressed in a SEQRA
process and an allocation approval or disapproval is not to be construed
as or evidence of Town Board approval of the project; said project
must still obtain whatever approvals are required as a matter of law.)
G.
Procedure. The Town Board shall issue its decision
within 60 days of the submission of a complete application. At its
own discretion, the Town Board may extend review period beyond 60
days in order to obtain more information regarding the criteria set
forth above. The Town Board, in its discretion, may conduct a public
hearing prior to making a determination. In all cases, the applicant
shall have the right to appear at the Town Board meeting and/or hearing
(if held) to present his/her case.
H.
Application fee. There is an application fee of $50
per application. The fee is due with the submission of the application
and is nonrefundable. In addition to the application fee, the Town
Board reserves the right to charge the applicant for any out-of-pocket
costs actually incurred by the Town Board or the Sewer District in
retaining consultants to evaluate the application relative to the
criteria set forth above.
I.
Conditions. The Town Board may condition an allocated
GPD to contain one or more of the following conditions:
(1)
Equalization installed on the parcel at the rate of
1 1/2 the allocated GPD or at such other amount as determined
by the Town Board, at the cost of the owner;
(2)
Equalization is discharged only during off-peak hours
or as directed by the person designated by the Town Board;
(3)
Water saving measures;
(4)
Seasonal use limitations;
(5)
Such other conditions as the Town Board deems as reasonable
and necessary to protect and preserve the capacity of the sewage treatment;
(6)
Providing monthly monitoring of flow and/or other
parameters;
(7)
An expiration date for the allocation by which the
discharge must commence (or the allocation will expire) regardless
of any previously paid sewer connection; and/or
(8)
Wastewater pretreatment.
A.
Household connection fee. Each new household connection to the sewer collection system or expansion from an existing household connection from a parcel within the sewer district requiring an approval of the Town Board pursuant to § 103-81B above will pay the following sewer connection fee:
(1)
To the extent that the allocated GPD is less than
or equal to the Task 2 GPD, no connection fee will be charged;
(2)
To the extent that the allocated GPD is greater than
or equal to the Task 2 GPD, a connection fee in the amount of $3,500
per EDU will be charged for each EDU above the Task 2 GPD.
(3)
For the purpose of calculating the sewer connection
fee, any two or more parcels assigned a Task 2 GPD, which are combined
through a legal filing thus eliminating one, for purposes of calculating
the household connection fee are entitled to the combined allocation.
If the parcel is subdivided in the future, the allocation may be redivided,
or remain with one parcel and the other treated as a new parcel.
B.
Nonhousehold connection fee. Each new nonhousehold connection to the sewer collection system or expansion from an existing nonhousehold connection from a parcel within the Sewer District requiring an approval of the Town Board pursuant to § 103-81C above will pay the following sewer connection fee:
(1)
To the extent that the allocated GPD is less than
or equal to the Task 2 GPD, no connection fee will be charged.
(2)
To the extent that the allocated GPD is greater than
or equal to the Task 2 GPD, a connection fee in the amount of $875
per 75 GPD will be charged for each 75 GPD above the Task Six GPD.
C.
Nonhousehold connection surcharge. If additional flow
is allocated to the nonhousehold use/property, it will be allocated
in increments of 75 GPD. If an applicant exceeds the allocated GPD
during its peak season or the Town's peak season, the applicant will
be surcharged for the additional flow in accordance with this section.
The surcharge will be a capital surcharge and not used for annual
operation and maintenance. The applicant will have the ability to
purchase an additional allocation to address this excess flow. The
surcharge will be in increments of $250 for each 75 GPD that the actual
flow exceeds the allocated GPD during any month of its peak season
or the Town's peak season.
The sewer connection fee and surcharge shall
be deposited in a capital account that could be accessed by the Sewer
District to repair, upgrade and/or expand the wastewater treatment
plant and the sewer collection system or for such other purposes allowed
under law. The dollar charge per EDU (or per 75 GPD) may be modified
from time to time by the Town Board as necessary to ensure adequate
funding is available for the long-term capital needs of the sewer
district.
A.
Household sewer connection fee. The sewer connection fee for a household connection shall be payable at or prior to the issuance of any building permit for the structure to be serviced by the sewer system. An allocated GPD issued pursuant to § 103-81B above will, if the connection has not occurred, expire within 18 months from the date of issuance unless the sewer connection fee is paid prior to expiration of the initial eighteen-month period.
B.
Nonhousehold sewer connection fee. Except as noted below, the sewer connection fee for a nonhousehold connection shall be payable at or prior to the issuance of any building permit for the structure to be serviced by the sewer system. An allocated GPD issued pursuant to § 103-81C above will, if the connection has not occurred, expire within 24 months from the date of issuance unless the sewer connection fee is paid prior to expiration of the initial twenty-four-month period.
The meaning of the terms used in this article
shall be as stated below:
The average gallons per day assigned to that tax parcel in accordance with § 103-81 above.
The three-calendar-month consecutive period that the applicant
has its highest flows.
Water usage proportional to that equivalent to a typical
single-family residence. For purposes of this article, all single-family
residences are assigned one EDU which is equivalent to 300 gallons
of water use per day.
The thirty-day average gallons per day discharged to the
sewer collection system.
A dwelling place. Household shall not be construed to mean
rooms or units in hotels, motels, bed-and-breakfast establishments
with six or more rooms to rent, inns, camps, time-share condominiums,
or other facilities intended for visitors and transient occupants
to stay with no intention of residing or maintaining a residency at
that location. For facilities used partly for residential and partly
for nonresidential purposes with common sewer service, that portion
of such facility that is used as a residence shall be treated as a
household for purposes of this section.
Means or includes any user or potential user of the sewer
system other than a household.
The average gallons per day assigned to that tax parcel in
the Task 2 Report as attached hereto as Appendix A.[1]
The consecutive three-month period that the sewage plant
receives the greatest flow, based upon a review of historical flow
records, as determined by resolution of the Town Board.
[1]
Editor's Note: Said Appendix A is on file
in the Town offices.
For connections outside of the sewer district, an additional charge will be required to compensate the sewer district for its embedded costs. The additional charge will be determined by the Town Board at the time that a petition is submitted for the extension of the sewer district or to connect to the sewer collection system. The purpose of the additional surcharge is to compensate the sewer district for the value of its sewage treatment plant and collection system which will now be shared with properties outside the sewer district. Any sewer connection for a parcel outside the sewer district to which the Town Board allows to contribute flows, is subject to the rules set forth in Article XII, although all allocated GPD will be subject to the connection fee.
