[Amended 5-10-1983 by L.L. No. 1-1983; 2-9-2010 by L.L. No.
2-2010; 9-14-2010 by L.L. No. 3-2010]
A.
Pursuant to the authority of the Sewer Rent Law, being Article 14-F (§ 450 et seq.) of the General Municipal Law of the State of New York, and any and all amendments thereto, there is hereby established and imposed an annual sewer rent on all users to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule to units of use in Subsection F of this section. The number of units assigned to multi-use property shall be established by totaling the units for all uses.
B.
The term "sewer rents" shall mean a scale of annual charges established
and imposed by resolution of the Town Board for the use of the sewer
system. Said rent may include amortization of capital costs, as well
as operational and maintenance costs. The unit charge will be established
annually by the Town Board. Sewer rentals established herein shall
accrue as of the date the wastewater facilities become certified for
operation, and the property owners whose property is connected to
the sewer under this Part 2 shall be billed from the date of said
connection. The Town Board shall annually determine the total number
of equivalent units prior to May 1. Where no data is available, the
Town Board will make an estimate of the equivalent units per establishment.
The determination shall be the basis for computing charges for the
subsequent calendar year. Each property owner will receive written
notice of any change from the previous year of the number of equivalent
units by August 15 of the preceding year; whereafter, he can appeal
that determination with the Town Board by September 15. By no later
than November 10 of that year, the Town Board shall adopt its final
list of equivalent units and send out annual sewer rental charges
accordingly. Owners of new structures or development(s) that connect
to the sewer system for only a portion of the period of time as determined
by the Town Board shall pay a pro rata sewer rental for that portion
of time actually connected during the period.
C.
The principal basis for establishment of sewer use rental charges
shall be known as a "unit." A unit is equated to any single-family
residence connected to the sewer system. The yearly rental charge
will be expressed in terms of units, unless otherwise described. In
the event that any property is determined to be subject to more than
one classification under the sewer unit charge schedule established
by this Part 2,[1] that classification shall apply which produced the greater
number of units. If any property is divisible into two or more classifications,
the units assignable to each shall be determined, and the total thereof
shall be assigned to the account.
D.
Sewer rents shall become due and payable the first day of January,
April, July and October of each year in any amount equal to 1/4 of
such annual sewer rent. Sewer rental billings shall be due and payable
upon presentation and, if not paid within 30 days from the date of
billing, a penalty of 10% shall be added. Any unpaid sewer rental
on November 1 of any year shall be added to the town taxes and levied
each year and collected and enforced in the same manner and at the
same time as provided by law for the collection and payment of Town
taxes.
E.
Revenues derived from sewer rents shall be credited to a specific
fund to be known as the "Sewer Rent Fund of Sewer District No. 1."
Moneys in such fund shall be used only in the manner and for the purpose
specified by the Sewer Rent Law of the State of New York.
F.
Sewer unit charge schedule. The number of units for multipurpose
properties shall be the total units figured under the various following
categories, i.e., combine residential and commercial use. Said units
are described as follows:
(1)
Each one-family residence, occupied or unoccupied, will equal one
unit. A residence shall include all types of living accommodations,
including but not limited to studio apartments, mobile homes, and
whether in a single structure or part of a single structure. A two-family
house shall be two units, etc.
(2)
Each other type of residential property, including but not limited
to hotels, motels, nursing homes, resorts and rooming houses, where
each accommodation does not have separate kitchen and toilet facilities,
shall be designated as a minimum of one unit. If the property accommodates
more than seven individuals, the property shall have assigned to it
one additional unit for each additional seven accommodations or part
thereof.
(3)
Each church, library, fire company, municipal building, organizational
headquarters, museum and funeral parlor shall be designated as one
unit; playgrounds and theaters shall be designated as one unit for
each public facility.
(4)
Each commercial, industrial or warehouse property, including but
not limited to retail stores and office buildings, shall be designated
as a minimum of one unit. If a structure houses more than one business,
each business shall be considered a minimum of one unit. Any business
which employs more than seven individuals based on the annual average
daily employment shall be assigned one additional unit for each additional
seven persons or major fraction thereof. The owner or manager of said
business shall certify to the Town Clerk by September 1 of each year
the average daily employment for the preceding 12 months.
(5)
Every school, including but not limited to nursery schools, day-care
centers, public and parochial schools, shall be assigned one unit
for each 16 enrollees and staff or major fraction thereof. The school
Superintendent or Director shall certify to the Town Board, prior
to May 1 of each year, the average school population for the preceding
academic year. A child attending school four hours or less per day
shall be considered 1/2 an enrollee for computation purposes.
(6)
The following types of businesses are each assigned a minimum of
one unit, and any such business which consumes more than 60,000 gallons
of water annually will be assigned an additional 0.1 of a unit for
each 6,000 additional gallons of water or major fraction thereof consumed
annually:
(a)
Laundromats, both washroom and washer wastewater;
(b)
Dining establishments;
(c)
Beauty parlors;
(d)
Car-wash units;
(e)
Bus or truck garages;
(f)
Auto dealers; vehicle service stations and repair shops;
(g)
Labor camps occupied six months or less. (A labor camp has dormitory-type
sleeping accommodations.)
G.
Upon written notice from the Code Enforcement Officer, the Billing
Officer may suspend quarterly sewer rents on a parcel that has become
uninhabitable due to fire or other calamity. Any suspended sewer rents
shall be immediately reinstated once the necessary repairs to the
structure have been made and a certificate of occupancy issued.
