[Amended 8-19-2019 by L.L. No. 2-2019]
A.
Pursuant to Article 14-F of the General Municipal Law of the State
of New York, sewer rents are established, as a means of producing
revenue for the District, by the Town and imposed on the owners of
all premises located within the limits of the District or extensions
thereto which are connected with or are required to be connected with
and are served by or are required to be served by the sewer system.
Sewer rents shall continue to be payable whether or not the premises
are occupied. The total annual sewer rents due to the District shall
be determined on an annual basis by the Town, pursuant to Town Board
resolution.
B.
After the establishment and imposition of the annual sewer rent schedule
for the calendar year, should an emergency situation arise wherein
there is an unplanned for significant expense passed through from
Penn Yan or an unplanned sewer rent expense within the District, then
the District may, pursuant to resolution and upon public notice, make
revisions to its sewer rent schedule for that particular calendar
year, to address the emergency matter.
[Amended 7-20-2020 by L.L. No. 1-2020]
Sewer rents shall be charged on an equivalent-dwelling-unit
(EDU) basis, subject to the following definitions:
Any structure used or intended for supporting or sheltering
any use or occupancy.
A single unit providing complete, independent living facilities
for one or more person, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A building or portion thereof designed for occupancy by three
or more families living independently in which they may or may not
share common entrances and/or other spaces.
A building designed or arranged to be occupied by one family
living independently, with such building having only one dwelling
unit.
A building designed or arranged to be occupied by two families
living independently, with such building having only two dwelling
units.
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The definitions of "building," "dwelling unit," "dwelling, single-unit," and "dwelling, two-unit," as set forth above, are applicable in determining the number of dwelling units for each building, as referred to in Subsection A hereinbelow.
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EDUs shall be assessed on the following schedule:
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A.
Each dwelling unit shall be charged one unit for EDU purposes, whether
the dwelling unit is in a single-unit dwelling, or a two-unit dwelling,
or a multiple-unit dwelling.
B.
Mobile homes in a mobile home park will be assessed at the rate of
1/2 unit per mobile home. A "mobile home" is described as a portable
vehicle designed to be transported on its own wheels (whether on wheels,
foundation or any stand), designed to be used as permanent detached
single-family housing, having living quarters, sleeping accommodations,
toilet, shower or tub and kitchen facilities.
C.
Vacant land: Developable residential lots will be charged 1/2 unit
per lot. "Developable lots" are defined as any undeveloped lot, vacant
parcel or any portion thereof upon which a dwelling or commercial
building may be constructed. The designation of developable lots will
be made by the Code Enforcement Officer in accordance with the Town
of Milo Zoning Ordinance.
D.
Commercial or industrial buildings: one EDU for the first 4,000 square
feet; one EDU for each additional 4,000 square feet thereafter rounded
down to the nearest whole unit. Commercial or Industrial shall be
assessed on either the acreage or building-square-footage basis, whichever
is greater.
E.
Campground, Camp Cory: seven EDUs, based on 220 campers and 60 staff
minimum. Additional units based on 40 persons (campers and staff)
per unit.
F.
Golf clubs and country clubs, Lakeside Country Club: eight EDUs minimum,
based on a dining seating capacity of 170.
[Amended 8-19-2019 by L.L. No. 2-2019]
Sewer rents for the sewer system shall be billed quarterly for
residential properties and monthly for commercial properties by the
Town. A late payment of 15% shall be added to the sewer rent bill
if not paid in full within 30 days of the due date on the Town bill.
The sewer rental derived in the manner aforesaid shall be applied
toward:
A.
The payment of the cost of the operation, maintenance and repair
of the sewer system.
B.
The payment of treatment charges imposed by the Village of Penn Yan.
C.
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 benefitted real property).
D.
A reserve fund created for the replacement of any of the parts or
portions of the system.
[Amended 2-22-2022 by L.L. No. 2-2022]
Sewer rents shall constitute a lien upon the real property served
by the sewer system for which sewer rents have been established. The
Town Clerk shall annually on or before November 1 of each year certify
to the Town the amounts of all unpaid sewer rents, including interest
and a fee, to be set by resolution of the Town Board, per delinquent
account to cover the costs of levy and collection which remain unpaid
as of that date. The Town shall levy such amounts against the real
property liable therefor as part of the annual Town, county and state
tax levied in January of each year, such amount to be set forth as
a separate item on the tax roll. The sewer fund shall be credited
with the amount of an unpaid sewer rent, including interest and fee,
when collected.
