[Adopted 4-14-2016 by L.L. No. 1-2016]
A.Â
Background.
(1)Â
In recent decades, federal and state legislation has been enacted
along with strict regulatory action dealing with the collection, treatment,
and discharge of human wastewater. The Village of Webster manages
and maintains over 21 miles of a sanitary collection sewer within
its borders. Volumes from the sewers flow into collection system and
are treated at Village of Webster POTW, eventually discharging into
Lake Ontario. It is critically important that the Village maintain,
repair, improve and replace, when necessary, components of its sanitary
sewer collection and treatment systems.
(2)Â
Article 14-F of the New York State General Municipal Law allows for
municipalities to impose sewer rents on real property, to be used
solely for the maintenance, repair and improvements of the sanitary
sewer system. These funds will help further facilitate the Village
of Webster's compliance with the federal, state, and county guidelines
on sanitary sewer systems by establishing a steady stream of dedicated
funding to perform the necessary maintenance, repairs and improvements
to the sewer systems and facilities. Compliance with federal, state,
and county code further enhances and protects the public health, safety
and welfare.
B.Â
Establishment of sewer rents. Pursuant to Article 14-F of the New
York State General Municipal Law (the Sewer Rent Law), and in order
to defray the cost of maintaining and improving the Village's
sanitary sewer system, sewer rents are hereby established. The revenue
collected by these sewer rents shall be used for the general operation,
maintenance, repairs and improvements of the municipality's sanitary
sewer system in accordance with state law.
C.Â
COMMERCIAL/INDUSTRIAL/RENTAL (CIR) PROPERTIES
PUBLICLY OWNED TREATMENT WORKS (POTW) TREATMENT PLANT
RESIDENTIAL PROPERTIES
SANITARY SEWER
SEWAGE
SEWAGE SYSTEM
SEWER RENT UNIT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes all real property classifications codes, as determined
by the Town of Webster Assessor, other than classification codes 210
and 220, including, but not limited to; churches, motels, hotels,
apartments, institutions, stores, and commercial, industrial and other
residential and nonresidential establishments. The number of applicable
sewer units shall be determined by dividing the annual water consumption
on said premises by 60,000 gallons. Each of said premises, however,
shall constitute a minimum of one rental unit.
The portion of the POTW which is designated to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
wastewater.
All one- and two-family dwellings with Assessor's real
property classification codes of 210 and 220.
A sewer intended to carry only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, and institutions
to which stormwaters, surface waters and groundwaters are not intentionally
admitted through either direct or indirect connection or lack of maintenance
or neglect.
A combination of the water-carried wastes from residences,
business buildings, institutions and commercial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present.
All facilities for collecting, regulating, pumping, transporting
and treatment of sewage, including, but not limited to, pipes, mains,
pumps, equipment, facilities, and treatment plants.
A sewer rent unit is equal to 60,000 gallons of use as measured
by a water supply meter or calibrated sewer flow meter. All single-family
homes shall be considered one sewer rent unit regardless of actual
water use. All two-family homes shall be considered two units regardless
of actual water use. All other properties shall have the sewer rent
units calculated by dividing the use by 60,000. One unit shall be
the minimum number of units used to calculate the sewer rent for any
property. Any sewer user whose sewer rent is based on annual water
consumption may elect to measure the actual amount of its sewage discharge
into the sewer system. All measuring devices, equipment, sub-meters,
and installations shall be installed at the sewer user's expense
in accordance with the Village of Webster Sewer Department's
specifications, inspection and approval. All flow measuring devices,
if used, shall be calibrated annually at the owner's expense.
All expenses incurred by the Village at any time in connection with
its inspection and approval of such installations which relate to
measurement of sewage discharge into the sanitary sewer system shall
be reimbursed to the Village by the sewer user upon notice thereof.
D.Â
Sanitary sewer rents; payment schedule.
(1)Â
The owners of real property within the Village of Webster and those
outside the Village using the Village's sanitary sewer system
or any part thereof shall be required to pay a sanitary sewer rent
for the purpose of defraying the costs of operating, maintaining,
repairing, replacing and otherwise improving the sanitary sewer system.
(3)Â
The Village Board shall assess the applicable sewer rents for residential
properties against the real property at the same time and in the same
manner as Village property taxes, and such amounts shall be set forth
in a separate column in the annual property tax roll. The amount so
levied for sewer rent charges shall be collected and enforced in the
same manner and at the same time as provided by law for collection
and enforcement of other Village taxes and assessments.
(4)Â
The Village shall assess the applicable sewer rent charges for commercial/industrial/rental
properties against the real property on a quarterly basis. The invoice
shall be presented to the property owner. The payment of the invoice
and any penalties for late payment shall be in accordance with the
Village's annual fees and charges schedule.
E.Â
Sewer rent fund. All revenues generated from sanitary sewer rents,
including interests and penalties, shall be kept in a separate account
to be designated as the "Sewer Rent Fund." All such funds, together
with the interest thereon, shall be used in accordance with General
Municipal Law § 453 and this article.
F.Â
Basis for rent schedule; nonconsumption of water. If water is not
consumed or utilized, and a connection is maintained with the Village's
sanitary sewer system, a flat sewer rent per quarter shall be imposed
and shall also be included in the Village's annual fees and charges
schedule.
G.Â
Lien; penalty for nonpayment. Sewer rents shall constitute a lien
on the date payable upon the real property served by the sewer system
or such part or parts thereof for which sewer rents have been established
and imposed, and such lien shall continue thereon until paid or satisfied.
The lien shall be prior to and superior to every other lien or claim
except the lien of an existing tax, assessment or other lawful charge
imposed by or for the Village.