[Adopted 12-29-1977 by L.L. No. 1-1978]
This Article shall be known and may be cited as the "Waterford Sewer Assessment Law."
The Town Board has the responsibility and power under the Town Law to determine the method of computing and to impose annually benefit assessments for the principal and interest charges and capital costs attributed to and incurred by Waterford Sewer District No. 1. This Article is intended to specify the method by which the annual benefit assessments for the Waterford Sewer District No. 1 shall be computed. Each year the amount of the annual benefit assessments will differ. This Article is intended to ensure that the method of computing the amount of the annual benefit assessments is consistent over the years.
As used herein, the following terms shall have the following meanings:
- ANNUAL ASSESSMENT
- The annual amount assessed against property as a benefit assessment as the result of computing the totaling the general benefit charge, the basic benefit charge and the supplement benefit charge provided for in this Article.
- ANNUAL COST
- The total amount to be raised each year by way of the annual benefit assessment.
- ASSESSMENT ROLL
- The roll to be prepared in accord with § 237 of the Town Law.
- BASIC BENEFIT CHARGE
- An amount which shall be levied against all property in the district having access to an operating sanitary sewer line, which basic benefit charge shall be computed as follows:
- A. For residential property, there shall be one charge for each family dwelling unit.
- B. For nonresidential property, there shall be one charge for each estimated sewage flow equivalent of a single-family dwelling unit. The ordinary measure of an estimated sewage flow equivalent of a single-family dwelling unit shall be water consumption, in the 12 months preceding computation, of 80,000 gallons or any portion thereof; provided, however, that, in its discretion, the Town Board, in computing assessments, may use an alternative estimated sewage flow equivalent of a single-family dwelling unit if, in its judgment, the user's ratio of sewage contribution to water consumption is substantially different from that of a domestic household or the user has not been a consumer of public water for the entire twelve-month period preceding the assessment, it being understood that any such alternative measure shall be one calculated to equitably reflect the user's benefit in relation to the benefit to a single-family dwelling unit.
- GENERAL BENEFIT CHARGE
- An ad valorem assessment upon each $1,000 of assessed value of each property.
- SUPPLEMENTAL BENEFIT CHARGE
- An amount which shall be levied on all property in the district which is subject to the basic benefit charge and which did not have access to an operating municipal sewer collection pipe or main prior to October 1, 1971, such "supplemental benefit charges" to be levied on the basis of one "supplemental benefit charge" for each basic benefit charge.
There shall annually be assessed against properties within the sewer district annual benefit assessments sufficient in total to meet, for the year, the total of principal and interest on bonds and indebtedness for the sewer district and any other permissible capital costs for such district.
Each year's annual cost shall be determined by the Town Board, and that amount shall be assessed on the properties in the district benefited by sewer improvement, in accord with the laws governing such assessments. The assessment roll for Sewer District No. 1 shall be comprised of an assessment for each year, for each property, based on a combination of a so-called "general benefit charge," a so-called "basic benefit charge" and a so-called "supplemental charge."
The supplemental benefit charge shall be:
Forty dollars for the year 1979.
Thirty-five dollars for the year 1980.
Thirty dollars for the year 1981.
Twenty-five dollars for the year 1982.
Twenty dollars for the year 1983.
Fifteen dollars for the year 1984.
Ten dollars for the year 1985.
Five dollars for the year 1986.
There shall be no supplemental benefit charge for years after 1986.
The annual amounts of the general benefit charge and of the basic benefit charge shall be specified for each year by the Town Board not later than September 1 of the preceding year. They shall be in amounts sufficient, together with the supplemental benefit charge, if any, provided in § 126-3 hereof, to meet the annual cost.
This Article shall be implemented in accord with the provisions of the Town Law covering financing of improvements such as the improvements in Town of Waterford Sewer District No. 1. The assessment roll each year for Town of Waterford Sewer District No. 1 shall be prepared in accord with § 237 of the Town Law and any applicable successor statutes.
This Article shall apply to all benefit assessments for Town of Waterford Sewer District No. 1 for the years 1979 and following.