[HISTORY: Adopted by the Town Board of the Town of Tusten 4-2-1984 by L.L. No. 2-1984. Amendments noted where applicable.]
It is the intention of the Town Board of the Town of Tusten by the adoption of this chapter to establish and impose sewer charges for any sewer district in the Town and/or authority charged with the duty of operation and maintenance of said sewer districts and/or any additional sewer disposal districts or systems formed pursuant to the provisions of Town Law and the General Municipal Law and any other applicable law.
As used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
- ACTUAL USE CHARGES
- Charges paid by users for their proportionate share of operation and maintenance (including replacement) costs of treatment works within any sewer district, based on the user's proportionate contribution to the total wastewater loading from all users within any sewer district.
- BENEFIT AREAS
- Vacant parcels within any district for which, when improved for residential or nonresidential purposes, and connected to public sewers, the owners of which will become users.
- OPERATION AND MAINTENANCE CHARGES
- Includes allowances for replacement.
- PLANNING PERIOD
- Twenty years from the date of the start-up operation.
- A unit charge, established by the Town Board annually, and based upon the amount of funds required to pay expenditures for operation and maintenance (including replacement), funds required for repayment of capital debt service and the number of units of use in any sewer district.
- REPLACEMENT ALLOWANCES
- Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the planning period of the treatment works to maintain the capacity and performance for which such works are designed and constructed.
- SEWER CHARGES
- A scale of annual charges established and imposed by the Town of Tusten for the use of the public sewers and the availability for use of the public sewers by benefit area vacant parcel owners.
- UNITS OF USE
- The quantity of usage of the sewer system assigned to different classifications of real property in any district.
- Any owner of real property within any district who is depositing or is required to deposit sewage, either directly or indirectly, into the public sewers.
- USER CHARGE SYSTEM
- A system of charges which shall be levied against users in any sewer district in the Town, based on the units of use multiplied by a rate, such that the Town may recover the cost for operation and maintenance (including replacement) for any sewer district.
- USER'S CONTRIBUTION
- Shall be based on estimated volume of flow, only, as outlined in the schedule of units. Any types of users not listed in the schedule of units shall be subject to review by the Town Board as to the unit value of their contribution (units of use). If applicable, they shall be further subject to the requirements of Chapter 229, Sewer Use, Article VII, §§ 229-36 and 229-37, of the Town Code.
- VACANT PARCEL OWNER
- Any owner of vacant property within any sewer district in the Town, who, by virtue of the parcel's proximity to public sewers, has the right to connect to the public sewers when the parcel is improved and the owner becomes a user, as defined above.
The basis of the charges for the sewer charges to be paid by the users and vacant parcel owners in any sewer district in the Town shall be determined from the following schedule of units:
The Town shall review not less often than every two years the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment works, and its approved user charge system. The Town shall revise the charges for users or user classes to accomplish the following:
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein;
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
Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next user and adjust the rate accordingly.
The cost of all flows not directly attributable to users shall be distributed among all users and any sewer district in the same manner that the costs of operation and maintenance are distributed among all users in any sewer district for their actual use. Any increased costs associated with the management of effluent and/or sludge and any treatment works caused by the discharge of toxic pollutants shall be paid for by those users discharging the toxic pollutants.
Each user and vacant parcel owner shall be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. Such notification shall be broken down to show separate charges and rates for operation and maintenance and debt service repayment.
The Town may have preexisting agreements which address: 1) the reservation of capacity in the Town's treatment works, or 2) the charges to be collected by the Town in providing wastewater treatment services or reserving capacity. This 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 federal regulations.
There is hereby established and imposed an annual sewer charge on all users and vacant parcel owners to be determined by multiplying the rate charge times the number of units assigned to each user and/or vacant parcel owner based upon the schedule of units of use in § 225-3 of this chapter. The rate shall be established annually by the Town Board of the Town of Tusten at the time of the adoption of the Town budget.
All sewer charges shall be payable, collectable and enforceable in the manner provided by law for the payment, collection and enforcement of annual Town taxes in the Town of Tusten and, if unpaid within 30 days of the billing date, shall constitute a lien upon the real property, and such lien shall be prior and superior to every other lien or claim except a lien of an existing tax, water charge or local assessment.
Unpaid sewer charges shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer charges shall have been imposed as and from the first day fixed for the payment of such sewer charges. The lien shall be prior and superior to every other lien or other claim except the lien of an existing tax, assessment, or other lawful charge imposed by or for the State of New York, or a political subdivision or district thereof.