[Amended 8-17-2021 by L.L. No. 8-2021]
Pursuant to the authority of Article 14-F of the General Municipal
Law, known as the "Sewer Rent Law of the State of New York," and any
and all amendments thereto, there are hereby established and imposed
sewer rents as a means of producing revenue for the Consolidated Harris
Sewer District in the Town of Thompson.
A.
CONSOLIDATED HARRIS SEWER DISTRICT
SEWER DISTRICT
SEWER RENT FUND
SEWER SYSTEM
Definitions. As used in this article, the following terms shall have
the meanings indicated:
As previously constituted, has within its bounds all premises
and buildings or structures and subject parcels currently existing
in the formerly established Harris Sewer District, Dillon Farms Sewer
District and Cold Spring Road Sewer District, and a number of other
parcels of vacant or unimproved land.
The Consolidated Harris Sewer District, Town of Thompson,
as heretofore established by the Town Board of said Town.
The fund established by the Supervisor upon authorization
of the Town Board of the Town of Thompson, into which fund shall be
deposited the sewer rents established, imposed and collected in accordance
with the provisions of this article.
Includes all collection and disposal systems constructed
by and for the former Harris Sewer District, Dillon Farms Sewer District
and Cold Spring Road Sewer District, consisting of, but not limited
to, a gravity interceptor, two wastewater pumping stations and a force
main interceptor sewer system, through and by which waste water from
the Consolidated Harris Sewer District will flow to the Village of
Monticello sewer system at Jefferson Street for treatment at the existing
Village sewage treatment plant until completion and operation of a
joint Town of Thompson-Village of Monticello wastewater regional treatment
facility, when the wastewater from the Consolidated Harris Sewer District
will be treated at the latter facility.
B.
Terms generally. The terms "sewer rents," "sewer system," part,"
"sewage," "industrial waste" and "other wastes" shall be as defined
in § 451 of the General Municipal Law.
A.
Revenue derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "Sewer Rent
Fund." Moneys in such fund shall be used in the following order:
(1)
For the payment of the costs of operation, maintenance and repairs
of the sewer system, or such part or parts thereof for which sewer
rents have been established and imposed.
(2)
For the payment of the interest on and amortization of, or payment
of, indebtedness which has been or shall be incurred for the construction
of the sewer system or such part or parts thereof for which sewer
rents have been established and imposed (other than indebtedness,
and the interest thereon, which is to be paid in the first instance
from assessments upon benefited real property).
(3)
For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement or replacement of, or additions to, such sewer systems,
or part or parts thereof.
B.
Such revenues from sewer rents shall not be used to finance the cost
of any extension of any part of a sewer system (other than any sewage
treatment and disposal works with necessary appurtenances, including
pumping stations) to serve unsewered areas if such part has been constructed
wholly or partly at the expense of real property especially benefited
or for the payment of the interest on and the amortization of, or
payment of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property.
The Town Board, prior to December 31 of each year, shall cause
to be prepared a statement setting forth as sewer rentals the estimated
amounts as required for the ensuing fiscal year for the purposes constituting
the Sewer Rent Fund and which shall be used for the purposes and in
the order provided in § 453 of the General Municipal Law.
The same shall be based upon a formula using the master sewer readings
for the district. The Town Board shall levy the amounts, as so adopted,
against the real property liable at the same time and in the same
manner as Town taxes, and such amounts shall be set forth in the annual
tax rolls.
A.
The Town shall annually review the total cost of operation and maintenance
of the treatment works and revise the charges in order to accomplish
the following:
(1)
Generate sufficient revenue to pay the total operation and maintenance
costs necessary to the proper operation and maintenance (including
replacement) of the treatment works; and
(2)
Apply excess revenues collected to the cost of operation and maintenance
for the next year and adjust the rate accordingly.
B.
The annual bill shall give a breakdown of the rate and portion of
the charges attributable to wastewater treatment services.
C.
The user charge system shall take precedence over any terms or conditions
of agreements or contracts between the Town and users (including industrial
users, special districts, other municipalities or federal agencies
or installations) which are inconsistent with the requirements of
Section 204(b)(1)(A) of the Act and these regulations.
Sewer rents shall constitute a lien upon the real property served
by the sewer system or such part or parts thereof for which sewer
rents are hereby established and imposed. The lien shall be prior
and superior to every other lien or claim, except for the lien of
an existing tax assessment or other lawful charge imposed by or for
the State of New York or political subdivision or district thereof.
The Sewer and Water Superintendent may require every owner and/or
occupant of real property within the Sewer District to furnish him
with such information as may be necessary and reasonable in order
to carry out the provisions of this article. It shall be permissible
for the Sewer and Water Superintendent or other properly authorized
person employed by the Sewer District to enter upon real property
at reasonable times for the purpose of obtaining such information
as may be necessary to carry out the provisions of this article.
The Town Board of the Town of Thompson shall have the authority
to collect sewer rents as provided in Subdivisions 3 and 4 of § 452
of the General Municipal Law.
[Added 12-15-1981 by L.L. No. 9-1981; amended 8-17-2021 by L.L. No. 8-2021]
Pursuant to the authority of Article 14-F of the General Municipal
Law of the State of New York, titled "Sewer Rent Law," and any and
all amendments thereto, there are hereby established and imposed sewer
rents as a means of producing revenue for the Consolidated Kiamesha
Sewer District and the Consolidated Rock Hill/Emerald Green Sewer
District in the Town of Thompson and any sewer district created after
the enactment of this article by said Town of Thompson in accordance
with the statutes in such case made and provided.
A.
CONSOLIDATED KIAMESHA SEWER DISTRICT
CONSOLIDATED ROCK HILL/EMERALD GREEN SEWER DISTRICT
PART
SEWER DISTRICT
SEWER RENT FUND
SEWER SYSTEM
Definitions. As used in this article, the following terms shall have
the meanings indicated:
As heretofore been established by the Town Board of the Town
of Thompson which consists of all parcels previously existing in the
Anawana Lake Sewer District, Kiamesha Lake Sewer District, Harris
Woods Sewer District and Lakeview Estates Sewer District, as all combined
and incorporated into the Consolidated Kiamesha Sewer District.
As heretofore been established by the Town Board of the Town
of Thompson by the Town Board of the Town of Thompson and which consists
of all parcels previously existing in the Emerald Green Lake Louise
Marie Sewer District and the Rock Hill Sewer District, as all combined
and incorporated into the Consolidated Rock Hill/Emerald Green Sewer
District.
As used in relation to the term "sewer system," all lateral
sewers or all branch sewers or all interceptor sewers or all trunk
sewers and any sewage treatment and disposal works and private on-site
wastewater disposal systems, each part with necessary appurtenances,
including sewage pumping stations.
Consolidated Kiamesha Sewer District and Consolidated Rock
Hill/Emerald Green Sewer District of the Town of Thompson, as heretofore
established by the Town Board of the Town of Thompson, or any sewer
district created hereafter by said Town Board of the Town of Thompson
in accordance with the statutes applicable thereto.
The fund established by the Supervisor upon authorization
of the Town Board of the Town of Thompson, into which fund shall be
deposited the sewer rents established, imposed and collected in accordance
with the provisions of this article.
All sewer pipes and other appurtenances which are used or
useful in whole or in part in connection with the collection, treatment
or disposal of sewage, industrial waste and other wastes and which
are owned, operated or maintained by the Town of Thompson acting for
and on behalf of its sewer districts as defined herein, including
sewage pumping stations and sewage treatment and disposal works and
private on-site wastewater disposal systems, if any.
B.
In the event of any conflict between the definitions contained herein
and the definitions contained in § 451 of the General Municipal
Law with respect to the imposition of sewer rents, the definitions
provided for in said § 451 of the General Municipal Law
shall control.
The Town Board of the Town of Thompson shall, from time to time
as hereinafter provided, adopt by resolution a scale of annual charges
which shall establish and impose in the various sewer districts of
the Town the charges for the use of the sewer system or any part or
parts thereof. Such charges to be established and imposed by the Town
shall be based on either:
A.
The consumption of water on the premises connected with and served
by the sewer system or such part or parts thereof;
B.
The number and kind of plumbing fixtures on the premises connected
with and served by the sewer system or such part of parts thereof;
C.
The number of persons served on the premises connected with and served
by the sewer system or such part or parts thereof;
D.
The volume and character of sewage, industrial waste and other waste
discharged into the sewer system or such part or parts thereof; or
E.
Upon any other equitable basis determined by the Town Board, including
but not limited to any combination of the foregoing.
A.
The Town Board of the Town of Thompson hereby determined that the
schedule of rates for capital improvements and operation and maintenance
expenses for properties included in each of the Sewer Districts and
extension thereof of the Town of Thompson be computed as follows:
|
2020 Schedule of Points
| ||||
|---|---|---|---|---|
|
This schedule refers to domestic, or sanitary, sewage.
| ||||
|
Multiuse properties will be assigned points summed for each
use.
| ||||
|
Property Class
|
Property Use
|
* = per unit
|
Rent Points
|
Debt Points
|
|
210
|
Single-family dwellings
|
1 to 4 bedrooms
|
10
|
10
|
|
5 or more bedrooms
|
20
|
20
| ||
|
215, 220
|
Home with apartment, two-family dwellings
|
20
|
20
| |
|
230
|
Three-family dwelling
|
30
|
30
| |
|
260
|
Seasonal homes
|
10
|
10
| |
|
280
|
Residential multistructure, multipurpose*
|
20
|
20
| |
|
411
|
Apartment*
|
One-bedroom
|
7
|
7
|
|
Two-bedroom
|
8
|
8
| ||
|
Three-bedroom
|
10
|
10
| ||
|
Condominiums
|
Residences with HOA offering plans will be assigned a share
of the points for the related common facilities
| |||
|
270, 416
|
Mobile home, manufactured home parks*
|
5
|
5
| |
|
260
|
Seasonal residences
|
10
|
10
| |
|
414, 415, 418
|
Hotels, motels, inns
| |||
|
Office, first unit, small kitchen
|
20
|
20
| ||
|
Each sleeping unit*
|
5
|
5
| ||
|
Each efficiency unit*
|
6
|
5
| ||
|
417
|
Camps, cottages, bungalows; unheated; per unit*
|
5
|
10
| |
|
Add for day camps and/or school facilities
|
15
|
15
| ||
|
421, 424
|
Restaurants, night clubs
|
80
|
80
| |
|
422, 423, 425, 426
|
Diners fast food and bars
|
40
|
40
| |
|
431, 432, 433
|
Autodealers, service stations, body shops
|
20
|
30
| |
|
434, 435, 436
|
Car wash
|
70
|
70
| |
|
437, 438
|
Parking lots
|
0
|
10
| |
|
440, 441, 442, 446, 449
|
Storage, warehouse, distribution facility, plus 4 point/1,000
square feet
|
20
|
20
| |
|
447
|
Truck terminal
|
100
|
100
| |
|
451, 452, 453, 454
|
Large retail, plus 6 points/1,000 square feet limited facilities
4 points/1,000 square feet
|
50
|
50
| |
|
455, 471, 472
|
Sales (non-auto), funeral home, kennel
|
30
|
30
| |
|
460, 461, 462, 463
|
Banks
|
60
|
60
| |
|
464, 465
|
Office and professional building
|
100
|
100
| |
|
480, 482, 483
|
Multiuse commercial, row type, converted residence
|
15
|
15
| |
|
484, 485, 486
|
Small commercial, mini-marts
|
30
|
30
| |
|
512, 534, 541, 542
|
Movie theatre, social halls, bowling alleys, ice rinks
|
90
|
90
| |
|
543, 544, 545, 546, 553, 554
|
Recreational and sport facilities
|
120
|
120
| |
|
550, 552, 682
|
Recreational acreage without facilities, per acre (ex: golf
courses, parks, etc.)
|
0
|
5
| |
|
554
|
Outdoor pools, no facilities
|
20
|
20
| |
|
612, 613, 614, 615
|
Schools, colleges, special institutions (day use) plus 5 point/1,000
square feet
|
20
|
20
| |
|
611, 620, 632, 681
|
Library, cultural, religious, benevolent
|
20
|
20
| |
|
641
|
Hospitals plus 20 points/1,000 square feet
|
50
|
50
| |
|
614, 633
|
(Residential) nursing home, group home, special institutions,
assisted living, plus 25 points/1,000 square feet
|
50
|
50
| |
|
642
|
Small health care office, plus 8 points/1,000 square feet
|
20
|
20
| |
|
652
|
Government office
|
100
|
100
| |
|
710, 712, 714
|
Manufacturing and processing
|
50
|
50
| |
|
720, 721
|
Mining
|
10
|
10
| |
|
822, 823 853
|
Water supply, water treatment, wastewater treatment
|
According to volume of sewage sent to Town
| ||
|
300
|
Vacant, subdivided lots
|
Each buildable residential lot
|
0
|
3
|
|
Each commercial lot
|
0
|
4
| ||
|
Each waterfront lot
|
0
|
4
| ||
|
Acreage per acre
|
0
|
5
| ||
|
Special classification: Parcels or units included in the district
which can not be feasibly served at this time, the property line being
more than 200 feet from the sewer line or other circumstances making
connection Infeasible.
|
0
|
0.01
| ||
|
Outside users shall be assigned points on the same basis and
using the same formula used for all parcels within the district, with
an additional 10% administration fee.
| ||||
|
If a user is a municipal government, the Town and such municipal
government may by contract agree on the charge to be imposed for use
of the sewer system, which such contract may include the successor
to such municipal government.
| ||||
|
The Town Board will make decisions on questions of classifications
of properties.
| ||||
B.
Sewer District rents. The current sewer rents established by the
Town Board are on file in the Office of the Town Clerk.
The Town Board shall, prior to December 31 of each year, cause to be prepared a statement setting forth as sewer rentals the estimated amounts for the ensuing year in accordance with the provisions of General Municipal Law Article 14-F, § 194-38 of this Part 2 and Subsections A, B and C of this section, the same to be based on existing available data. The estimated annual charge for the ensuing year shall be based upon operating data from the previous year, unless another formula for the computation of said rate is provided for in Subsections A, B and C hereof. The estimated annual charge for a given year shall adjusted to an actual charge by the Town Board during the following year when the actual operating data is available for that year. Unless otherwise provided for herein, the payment of the amount set forth in the annual statement for each year shall be made within 30 days of the date of the mailing of the statements to the property owner without discount or penalty. A penalty of 5% of the amount of the sewer rent statement shall be added thereto after the thirty-day period, if unpaid, and 1/2 of 1% for each additional month that the sewer rent remains unpaid.
A.
Computation of sewer rents in the Consolidated Kiamesha Sewer District
and the Sackett Lake Sewer District. The Town Board, prior to December
31 of each year, shall cause to be prepared a statement setting forth
as sewer rentals the estimated amounts as required for the ensuing
fiscal year for the purposes constituting the Sewer Rent Fund and
which shall be used for the purpose and in the order provided in § 453
of the General Municipal Law, Article 14-F, the same to be based on
existing available data. The Town Board shall levy the amounts as
so adopted against the real property liable at the same time and in
the same manner as Town taxes, and such amounts shall be set forth
in the annual tax rolls.
B.
Computation of sewer rents in the melody lake sewer district. The
Town Board, prior to December 31 of each year, shall cause to be prepared
a statement setting forth as sewer rentals the estimated amounts as
required for the ensuing fiscal year for the purposes constituting
the Sewer Rent Fund and which shall be used for the purposes and in
the order provided in § 453 of the General Municipal Law.
The same shall be based upon a formula of a rate of house and lot.
The Town Board shall levy the amounts as so adopted against the real
property liable at the same time and in the same manner as Town taxes,
and such amounts shall be set forth in the annual tax rolls.
C.
Computation of sewer rents in the Consolidated Rock Hill/Emerald
Green Sewer District. The Town Board, prior to December 31 of each
year, shall cause to be prepared a statement setting forth as sewer
rentals the estimated amounts as required for the ensuing fiscal year
for the purposes constituting the Sewer Rent Fund and which shall
be used for the purposes and in the order provided in § 453
of the General Municipal Law, Article 14-F, the same to be based on
existing data. The Town Board shall levy the amounts as so adopted
against the real property liable at the same time and in the same
manner as Town taxes, and such amounts shall be set forth in the annual
tax rolls.
(1)
Included costs; cost allocation. The sewer rents for the Consolidated
Rock Hill/Emerald Green Sewer District shall be based on the capital
cost of the Emerald Green-Lake Louise Marie sewer plant, excluding
the Emerald Green-Lake Louise Marie Sewer District collection system
and the capital costs of the former Rock Hill Sewer District, if any;
and on the operation and maintenance cost allocated to the former
Emerald Green-Lake Louise Marie Sewer District sewer plant, excluding
the former Emerald Green-Lake Louise Marie Sewer District collection
system and the operation and maintenance cost of the former Rock Hill
Sewer District. The allocation of such capital cost and operation
and maintenance charges shall be based on a reasonable determination
of the Town Board.
(2)
Minimum charges. The Consolidated Rock Hill/Emerald Green Sewer District
residential properties, and commercial properties having a building
square foot area of less than 2,500 square feet, shall pay a minimum
charge for 90,000 gallons annually. All other commercial properties
shall have a minimum charge for 180,000 gallons annually. The Sewer
and Water Superintendent may require the installation of a meter where
the Sewer and Water Superintendent believes that the usage of a particular
unmetered property exceeds such annual minimum for such property for
a test to determine actual usage, and thereafter shall require the
installation of such meter on a permanent basis, if after such test
usage exceeds or is reasonably expected to exceed such minimum amount
on a continuing basis.
(3)
Connections. Residential properties located with the Consolidated
Rock Hill/Emerald Green Sewer District which are serviced by lawfully
operating private sewer systems shall not be required to connect to
the Consolidated Rock Hill/Emerald Green Sewer District system. All
properties which require sewer service after the formation of the
Consolidated Rock Hill/Emerald Green Sewer District and properties
which are not required to connect to the Consolidated Rock Hill/Emerald
Green Sewer District system that would require a building permit to
restore an existing private sewer system to lawful operating condition
shall be required to connect to the Consolidated Rock Hill/Emerald
Green Sewer District system. All commercial properties shall be required
to connect to the Consolidated Rock Hill/Emerald Green Sewer District
system.
(4)
Meters. The property owner shall provide a water meter acceptable
to the Consolidated Rock Hill/Emerald Green Sewer District for the
purpose of measuring water usage for sewer district charges. The Town
Board by resolution may determine the percentage of actual usage of
water for applicable sewer district charges based on total water usage
compared to treated usage. Meters installed for a test shall be a
charge to the district.
(5)
Costs. The costs and flows of the Consolidated Rock Hill/Emerald
Green Sewer District shall be determined by the flows for the most
recent complete calendar year of service prior to imposition of such
charge. If any agreement governs the application of a charge, such
agreement shall apply.
(6)
All other applicable provisions of this chapter shall apply.
A.
The Town shall annually review the total cost of operation and maintenance
of the treatment works and revise the charges in order to accomplish
the following:
(1)
Generate sufficient revenue to pay the total operation and maintenance
costs necessary to the proper operation and maintenance, including
replacement, of the treatment works; and
(2)
Apply excess revenues collected to the cost of operation and maintenance
for the next year and adjust the rate accordingly.
B.
The annual bill shall give a breakdown of the rate and portion of
the charges attributable to wastewater treatment services.
C.
The system and scale of charges established by the Town Board hereunder
shall take precedence over any agreements or contracts and the terms
and conditions thereof now in existence between the Town and users
(including industrial users, special districts, other municipalities
or federal agencies or installations) which are inconsistent with
the provisions of this article.
A.
Revenue derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "Sewer Rent
Fund," for and in the name of each of the Town's sewer districts.
Moneys in such fund shall be used in the following order:
(1)
For the payment of the costs of operation, maintenance and repairs
of the sewer system, or such part or parts thereof for which sewer
rents have been established and imposed.
(2)
For the payment of interest on and amortization of, or payment of,
indebtedness which has been or shall be incurred for the construction
of the sewer system or such part or parts thereof for which sewer
rents have been established and imposed (other than indebtedness,
and the interest thereon, which is to be paid in the first instance
from assessments upon benefited real property).
(3)
For the construction of sewer treatment and disposal works with necessary
appurtenances, including pumping stations, or for the extension, enlargement
or replacement of, or additions to, such sewer systems, or part or
parts thereof.
B.
Such revenues from sewer rents shall not be used to finance the cost
of any extension of any part of a sewer system (other than any sewage
treatment and disposal works with necessary appurtenance, including
pumping stations) to serve unsewered areas if such part has been constructed
wholly or partly at the expense of real property especially benefited
or for the payment of the interest on and the amortization of, or
payment of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property.
Sewer rents shall constitute a lien upon the real property served
by the sewer system or such part or parts thereof for which sewer
rents are hereby established and imposed. The lien shall be prior
and superior to every other lien or claim, except the lien of an existing
tax assessment or other lawful charge imposed by or for the State
of New York or political subdivision or district thereof.
The Sewer and Water Superintendent may require every owner and/or
occupant of real property within the Sewer District to furnish him
with such information as may be necessary and reasonable in order
to carry out the provisions of this article. It shall be permissible
for the Sewer and Water Superintendent or other properly authorized
person employed by the Sewer District to enter upon real property
at reasonable times for the purpose of obtaining such information
as may be necessary to carry out the provisions of this article.
The Town Board of the Town of Thompson shall have the authority
to collect sewer rents as provided in Subdivisions 3 and 4 of § 452
of the General Municipal Law.
