Town of Carmel, NY Water District Capital Charge

A property owner who believes his property cannot be serviced by the facilities of the water 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 water district capital charge assessment, either ad valorem or units, reduced to zero. Said application shall be in triplicate and shall contain the following:

(1)

The tax map number.

(2)

Water 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 water district capital charge assessment in units, either ad valorem or units as the case may be.

(6)

Such other information as may be required by Town officials.

(7)

A statement that the property owner understands that if the property's water 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.

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 water district's facilities.

For purposes of this section, a property is to be certified by the Town Engineer as not being capable of being serviced if:

(1)

A water line does not exist in a street, right-of-way or easement along or within any of the property's boundaries; and

(2)

A water 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 water 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 water 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.

Upon receipt of such certification from the Town Engineer, the Town Assessor shall:

(1)

Reduce the property's water district capital charge assessment, either ad valorem or units, to zero;

(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.

The reduction granted hereunder shall continue until one of the following events occur:

(1)

The District's water 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 this article.