[HISTORY: Adopted by the Town Board of the Town of Orangetown 6-26-1967 by L.L. No. 3-1967]
[Amended 11-28-2005 by L.L. No. 17-2005]
This local law shall apply throughout the Town of Orangetown. This local law will provide for the method and manner of payment of charges for the administration, operation and maintenance, repair, upgrading, replacement and construction of the sewer system of the Town of Orangetown, as well as the payment of capital costs and debt service.
[Amended 10-26-1992 by L.L. No. 20-1992; 11-28-2005 by L.L. No. 17-2005]
As used in this chapter, the following terms shall have the meanings indicated:
- INDUSTRIAL WASTE
- Any liquid, gaseous or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, from any process related to services or activities performed by any public or private institution or facility, or from the development or recovery of any natural recourses.
- LOCAL LEGISLATIVE BODY
- The Town Board of the Town of Orangetown.
- OTHER WASTES
- Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals and all other discarded matter not sewage or industrial waste.
- As used in relation to the term "sewer system," all lateral sewers, all branch sewers, all interceptor sewers, or all trunk sewers, and any sewage treatment and disposal works, each part with necessary appurtenances, including sewage pumping stations.
- The water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage, as defined, of industrial waste or other wastes, as hereinafter defined, also shall be considered sewage within the meaning of this local law.
- SEWER CHARGES
- The charges established and imposed in the Town of Orangetown Sewer District pursuant to this local law for the use, or availability, of all sewer systems or any parts thereof, including both a sewer rent and a special ad valorem levy, as more fully defined in § 31-3A(1) and (2).
- SEWER SYSTEM
- All sewer pipes, pumping stations, treatment plants, 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 Orangetown Sewer District.
- TOWN OF ORANGETOWN SEWER DISTRICT
- A sewer district formed pursuant to Article 12A of the Town Law.
- A parcel of real property fronting on a sewered street or on a sewer easement to which a sewer connection has been or can be made serving the property.
[Amended 1-10-2005 by L.L. No. 3-2005]
Sewer rent; ad valorem levy; charges for nondomestic sewage or waste.
[Amended 11-28-2005 by L.L. No. 17-2005]
In all areas included within the Town of Orangetown Sewer District, except as may be otherwise specified or required by law, a sewer charge is established and imposed, constituting both of the following:
A special ad valorem levy to be assessed on all properties within the Town of Orangetown Sewer District, to be computed by multiplying the user's assessed valuation by the special ad valorem rate. The special ad valorem rate shall be computed by dividing the total amount to be raised by the special ad valorem levy by the total assessed value of all the properties within the Town of Orangetown Sewer District.
Pursuant to Article 14-F of the General Municipal Law and other applicable law, a sewer rent shall be applied to, and paid by, all users on an annual basis. The amount that each user shall pay as a sewer rent shall be calculated by multiplying a unit charge times the number of units assigned to each user based upon the schedule of units of use set forth below. The unit charge shall be established annually by the Town Board for the Town of Orangetown at the time of the adoption of the Budget for the Town of Orangetown. The schedule of units is as follows:
Users disposing of waste other than domestic sewage shall pay for this service either a share of the total cost of the sewer service to the Town bearing the same ratio as the flow of the user is to the total sewage flow of the Town or the rate established above times the assessed valuation, whichever is the larger.
In addition thereto, a surcharge calculated at a monetary rate per pound, to be determined by resolution of the Town Board, shall be imposed on users which discharge industrial waste, except septage haulers, for five-day biochemical oxygen demand or total suspended solids in excess of 200 milligrams per liter, or chemical oxygen demand in excess of 500 milligrams per liter.
All these charges shall be paid at the same time as other Town charges. Any property not reflected on the sewer charge roll of the Town of Orangetown on May 1 of each year shall prepay as part of the connection charge an amount which shall represent payment of sewer charges to the end of the fiscal year next occurring after the sewer charge is shown on the Orangetown sewer charge roll. Said rate shall be based on the current sewer charge in existence at that time.
[Amended 10-26-1992 by L.L. No. 20, 1992]
All provisions of all local laws and ordinances of the Town of Orangetown inconsistent herewith are hereby repealed except that any charge owing to the Town of Orangetown for sewer rents or otherwise for sewer service on the effective date of this local law shall not be impaired thereby and such charge shall be collected as if this local law had not been adopted. Nothing herein contained will be construed so as to impair the validity of any contract existing at the time of adoption of this local law between the Town of Orangetown and any person, firm or corporation using the sewer system except by the mutual assent of the parties involved.
All provisions of all ordinances of the Town of Orangetown inconsistent with the foregoing ordinance are repealed.
[Added 11-28-2005 by L.L. No. 17-2005]
Pro rata sewer rent.
Anything to the contrary notwithstanding in this law, if a property owner in the District becomes a user, as defined herein, between the first day of January and the 31st day of October in any year, the sewer rent for such year shall be prorated for the number of months commencing with the month in which such owner becomes a user and ending with the last month of such year and shall be paid at the time such owner becomes a user. A property owner is required to connect to a sanitary sewer when it becomes available and will therefore be considered a user at that time. In the event the sewer rent is not paid at such time, interest shall accrue on the unpaid amount at the rate of 1% per month from the effective date. This will be considered a delinquent payment and shall be collected with interest and penalties in accordance with the above.
If a property owner within the District becomes a user, as defined herein, between the first day of November and the 31st day of December in any year, the sewer rent for such year shall be prorated for the number of months commencing with the month in which such owner becomes a user and ending with the last month of such year. Such prorated sewer rent, if not paid at such time, shall be added to the annual sewer rent due, plus interest of 1% per month from the effective date of use and payable during the year following the next succeeding year and shall be collected at the same time and in the same manner as the annual sewer rent.
Sewer rent refund. Overpayments of sewer rent shall be refunded to users upon a written request by the user and verification of the overpayment by the District. The user must accompany a request for refund with the tax lot and block number of the lot, proof of payment of the sewer rent, and either the employer's identification number if the property is a business or the owner's social security number if the property is residential. Refunds of the sewer rent will be effective from the date of receipt of a written request and will not be retroactive prior to the date of written request unless sufficient documentation can be submitted to justify (in the opinion of the Director) that a change in status occurred at a prior date. In no event shall any overpayment be refundable for more than one year from the date of written request for overpayment.
Office and store occupancy and notification. Each separate office or store space within a building shall be assessed a minimum of one unit of use regardless of whether it is occupied or not after it has received its certificate of occupancy or has been occupied. An owner must notify the District on or before the date on which a space is to be occupied for use. Sewer rent will be imposed beginning on that date and will be prorated for the percentage of a year during which it is occupied. If the owner fails to notify the District by registered mail or facsimile that a space has been occupied for use and the District subsequently becomes aware of this, then sewer rent shall be imposed for that space beginning on the date of occupancy or issuance of a certificate of occupancy, whichever occurs earlier. Sewer rent will be reduced to one unit on the date on which an owner notifies the District by registered mail or by facsimile and the District subsequently verifies that a space has been vacated.
Garbage disposal units and notification. The Municipal Building Inspector shall notify the District when a certificate of occupancy is issued for a living unit with a garbage disposal unit or when a garbage disposal unit is added to a living unit. If a garbage disposal unit is removed from a living unit, the Building Inspector or owner shall notify the District when it is removed. The owner and/or tenant shall cooperate in allowing access by District personnel to verify the installation or removal of a garbage disposal unit.
Part-time and off-premises employees. When an employee is on the premises an average of less than two hours per day, the number of units to be charged for that employee shall be prorated based upon the average percentage of an eight-hour workday that he/she is on the premises. An employee who works an average of over two hours per day but for an average of four hours or less per day shall be considered a part-time employee and shall be considered 1/2 of an employee for the purpose of determining the number of units to be charged. Employees who work more than four hours per day shall be considered full-time employees for the purpose of determining the number of units to be charged.
[Amended 11-28-2005 by L.L. No. 17-2005]
This local law shall take effect immediately, except that the calculation of the sewer charge in the manner noted in Subsections A(1) and (2) of § 31-3 shall not take effect until, and including, the Town of Orangetown's tax year 2007. For the Town of Orangetown's tax year 2006, calculations for sewer charges shall occur in the manner noted in Chapter 31 of the Town Code in effect prior to this local law.