[HISTORY: Adopted by the Town Board of the
Town of Carmel as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 120.
[Adopted 2-21-1990]
This article shall be known as and may be cited
as the "Sewer Districts Use Charge Ordinance." Its purpose is to establish
and regulate the collection of charges for the use of the facilities
of Sewer Districts located within the Town of Carmel.
As used in this article, the following terms
shall have the meanings indicated:
The annual charge for the discharge or introduction of matter
into the facilities.
Include the treatment plant, collection system, pump stations
and all related fixtures, machinery and equipment.
Includes all facilities as heretofore defined.
Includes all sewer districts formed pursuant to Article 12
or 12-A of the Town Law situate within the territorial limits of the
Town of Carmel.
Includes individuals, firms, partnerships, companies, corporations,
associations or any other legal entity who is the owner of real property
connected to the facilities of a sewer district.
A.
Effective upon the adoption of this article, the basis
of the charges for sewer users shall be determined by the following
schedule of units of use. In the event that the units are computed
to a fraction, the next highest whole number shall be the unit of
use.
B.
Where the premises are serviced by water meters, the
premises will be assessed in increments of 1.7 units for each 90,000
gallons of annual flow.
C.
Where the premises are not metered, the following
formulas shall be applied:
RESIDENTIAL USE
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Use Classification
|
Units of Use
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One-family dwelling
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One kitchen
|
1.7
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Two kitchens
|
3.4
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Each separate apartment in a two-family, three-family
or multiple dwelling
|
1.7
|
COMMERCIAL USE
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---|---|---|---|---|
Use Classification
|
Units of Use
| |||
Combination one-family home with a professional
or business office in residential zone only
|
3.4
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Hotel or motels, exclusive of bar or restaurant,
each three rooms or part
|
1.7
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Commercial and industrial establishments
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With three occupants or less ("occupants" are
defined as owners, manager or employees) offices and retail
|
1.7
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For each additional five occupants or part
|
1.7
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For commercial and industrial establishments
in excess of 2,000 square feet the following formula will be used:
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The first 500 square feet of floor area
|
2.0
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For each additional 100 square feet of floor
area or major fraction thereof
|
0.2
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Schools: public, private or parochial
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Elementary or nursery, for each 30 pupils
|
1.7
| |||
Junior high school, for each 25 pupils
|
1.7
| |||
Senior high school, for each 15 pupils
|
1.7
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Churches, synagogues, temples (including Sunday
school)
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For each 50 members
|
1.7
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Theater
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For each 25 seats or part
|
1.7
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Bowling alleys
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For each two lanes
|
1.7
| |||
Service stations
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Without car wash
|
3.4
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With car wash
|
6.8
| |||
Beauty salons and barbershops
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Each customer service station (count each shampoo
facility as a customer service station)
|
1.7
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Firehouses
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For each 50 members
|
1.7
| |||
Government office buildings
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Each five occupants
|
1.7
| |||
Library
|
1.7
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Club or social establishment
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Each 50 members
|
1.7
|
HIGH USE
| ||||
---|---|---|---|---|
Use Classification
|
Units of Use
| |||
Launderettes, for each single-load machine (per
machine)
|
5.1
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Restaurant (including bars)
| ||||
30 seats or less
|
17.0
| |||
Each four additional seats or part over 30,
add
|
1.7
| |||
For restaurants in excess of 2,000 square feet
the following formula will be used:
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The first 500 square feet of floor area
|
2.0
| |||
For each additional 100 square feet of floor
area or major fraction thereof
|
0.2
| |||
Hospitals, including nursing homes, rehabilitation
centers, philanthropic associations
| ||||
For each two beds
|
1.7
| |||
Car washes (per bay)
|
17.0
| |||
Dry-cleaning establishments
|
5.1
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Health spa or club
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Each five members
|
1.7
|
D.
Other uses not listed above shall be charged on the
basis of the number of plumbing fixtures.
E.
Any industries greater than 270,000 gallons per year
must be individually metered at the owner's cost and expense.
Each user shall be notified annually of the
estimated charges for the ensuing year. A public hearing on such budget
shall be held in November of each year in conjunction with the general
budget of each sewer district.
The Town Board acting as Commissioners of each
sewer district shall hold a public hearing in accordance with the
provisions of § 239 of the Town Law, for the purpose of
considering objections to the assessment roll as to any property upon
a finding that the strict application of this article would be inequitable
to such user.
The Town Board shall review not less often than
every two years the waste water contribution of users and user classes,
the total costs of operation and maintenance of the treatment works,
and its approved user charge system. The Board shall revise the charges
for users or user classes to accomplish the following:
A.
Maintain the proportionate distribution of operation
and maintenance costs among users and user classes as required herein.
B.
Generate sufficient revenue to pay the total operation
and maintenance costs necessary to the proper operation and maintenance
(including replacement) of the treatment works.
C.
Apply excess revenues collected from a class of users
to the costs of operation and maintenance attributable to that class
for the next year and adjust the rate accordingly.
A.
This article shall take effect immediately upon adoption,
publication and posting as provided by Town Law.
B.
For newly formed sewer districts, the collection of
user charges for the first year shall be apportioned based on the
calendar year commencing upon the commencement of the operation of
the treatment plant.
[Adopted 2-21-1990]
This article shall be known as and may be cited
as "Sewer Districts Capital Charge Ordinance." Its purpose is to establish
and regulate the collection of charges for the capital cost of the
facilities of each Sewer District located in the Town of Carmel.
As used in this article, the following terms
shall have the meanings indicated:
Includes all cost and charges expended by each Sewer District
in the construction of the facilities, including interest on its bonded
indebtedness.
Include the treatment plant, collection system, pump stations
and all related fixtures, machinery and equipment.
Includes all facilities as heretofore defined.
Includes all sewer districts formed pursuant to Article 12
or 12-A of the Town Law situate within the territorial limits of the
Town of Carmel.
Includes individuals, firms, partnerships, companies, corporations,
associations or any other legal entity who are the owners of real
property within the geographical boundaries of a sewer district.
Effective upon the adoption of this article,
the annual capital costs for each sewer district shall be assessed
to users in the district in accordance with the following formula:
RESIDENTIAL FORMULA
| |
---|---|
Classification
|
Unit Value
|
For each 1,000 square feet of lot area
|
.01
|
- PLUS -
| |
For each foot of street frontage
|
.001
|
COMMERCIAL FORMULA
| |
---|---|
Classification
|
Unit Value
|
For each 1,000 square feet of lot area
|
.02
|
- PLUS -
| |
For each foot of street frontage
|
.002
|
[Amended 11-22-1995]
A.
A property owner who believes his property cannot
be serviced by the facilities of the sewer district and consequently,
his property is not benefited, may make application to the Town Assessor
on or before March 1 of each year to have his sewer district capital
charge assessment reduced to zero. Said application shall be in triplicate
and shall contain the following:
(1)
The tax map number.
(2)
Sewer district number.
(3)
The name of all record property owners; their mailing
address and phone number (day and evening).
(4)
The street address of the property which is believed
not capable of being serviced and the size of the lot.
(5)
Its current sewer district capital charge assessment
in units.
(6)
Such other information as may be required by Town
officials.
(7)
A statement that the property owner understands that
if the property's sewer district capital charge is reduced to zero
and the property is serviced at sometime in the future, either at
the District's option or by request of the owner, then the owner or
his successors, transferees, heirs and or assigns will be required
to pay all back capital charges from the date the assessment was reduced
to zero to the date the property is serviced.
(8)
Said application shall be signed by all record property
owners and notarized.
B.
Upon receipt of said application, the Town Assessor
shall first verify that all record property owners have signed the
application and their signatures are notarized and then shall forward
a copy to the Town Engineer who shall certify whether the property
is capable of being serviced by the respective sewer district's facilities.
C.
For purposes of this section, a property is to be
certified by the Town Engineer as not capable of being serviced if:
(1)
A sewer line does not exist in a street, right-of-way
or easement along or within any of the property's boundaries; and
(2)
A sewer line does not exist in a street, right of
way or easement along any location from or through which the property
derives access or could derive access.
If a sewer line is under construction at the
time of enactment of this article, it shall be deemed to exist for
the purposes herein. Subsequent to the enactment of this article,
a sewer line shall be deemed to exist upon issuance of a certificate
of approval to construct issued by either the State Health Department
or the Putnam County Health Department.
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D.
Upon receipt of such certification from the Town Engineer,
the Town Assessor shall:
(1)
Reduce the property's sewer district capital charge
assessment to zero units;
(2)
File the original application in his office and make
note of the reduction on the property card;
(3)
Forward a copy of the fully processed application
to the Building Department and to the Town Engineer who shall keep
said copies on file permanently.
E.
The reduction granted hereunder shall continue until
one of the following events occur:
(1)
The District's sewer facilities are extended so the property can be serviced as determined under the provisions of Subsection C herein;
(2)
If the property is vacant land, a building permit
is issued;
(3)
A site plan is approved for the property;
(4)
A subdivision application is approved for the property;
(5)
The Town Board further modifies or amends this article.
Upon occurrence of any of the foregoing, the
property's assessment shall be reviewed and set in accordance with
the current provisions of the Sewer District Capital Charge Ordinance.
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F.
The Town Board acting as Commissioners of each Sewer
District shall hold a public hearing in accordance with the provisions
of § 239 of the Town Law, for the purpose of considering
objections to the assessment roll. Such Board may affirm, modify or
amend the assessment roll as to any property upon a finding that the
strict application of this article would be inequitable to such person
or property.
A.
This article shall take effect immediately upon adoption,
publication and posting as provided by Town Law.
B.
For newly formed sewer districts, the collection of
user charges for the first year shall be apportioned based on the
calendar year commencing upon the commencement of the operation of
the treatment plant.