[HISTORY: Adopted by the Town Board of the
Town of Farmington 11-25-1969 as Ch. 26 of the 1969 Code. Amendments
noted where applicable.]
Pursuant to the authority of the Sewer Rent
Law of the State of New York and any and all amendments thereto,[1] there is hereby established and imposed sewer rents as
a means of producing revenue for Farmington Sanitary Sewer District
in the Town of Farmington.
[1]
Editor's Note: See General Municipal Law § 450
et seq.
A.
EQUIVALENT SINGLE HOUSE UNITS
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FIXTURES
PART
SEWAGE
SEWER RENTS
SEWER SYSTEM
As used in this chapter, the following terms shall
mean and include:
[Amended 12-17-1968; 8-14-1990 by L.L. No. 4-1990]
Effective August 14, 1990, said units shall be determined
as follows:
A single-family dwelling shall be charged one
unit.
Other dwellings. Premises occupied or designed
to be occupied by two or more families, including two-family dwellings,
multifamily dwellings, apartments and apartment houses, shall be charged
one unit for each apartment or separate living quarters contained
in or on such premises, without regard as to whether the same are
occupied on a seasonal or full-year basis.
Rooming house. Premises occupied or designed
to be occupied as a rooming house shall be charged 1/3 unit per bedroom
with a minimum charge of one unit per building, without regard as
to whether the same are occupied on a seasonal or full-year basis.
A "rooming house" is herein defined as a building occupied or designed
to be occupied as a rental unit for three or more unrelated people.
Gasoline station. Premises occupied or designed
to be occupied as a gasoline station shall be charged two units, without
regard as to whether the same are occupied on a seasonal or full-year
basis.
Motel. Premises occupied or designed to be occupied
as a motel shall be charged 1/2 unit for each motel unit. For example,
a motel with 60 units, whether occupied or unoccupied, shall be charged
30 units.
Restaurant, bar/grill or cocktail lounge. Premises
occupied as a restaurant, bar/grill or cocktail lounge shall be charged
a minimum of three units plus an additional one unit for each 50 seats
of seating capacity or fraction thereof, in excess of 50 seats of
seating capacity, without regard as to whether the same are occupied
on a seasonal or full-year basis.
Soda fountain/snack shop/food court. Premises
occupied or designed to be occupied as a food/drink dispersal with
on-site preparation shall be charged 1 1/2 units, without regard to
whether the same are occupied on a seasonal or full-year basis.
Theaters and drive-in theaters. Premises occupied
or designed to be occupied as a theater or drive-in theater shall
be charged a minimum of three units, plus 1/2 unit per each additional
theater viewing area, without regard as to whether the same are occupied
on a seasonal or full-year basis.
Repair facility. Premises occupied or designed
to be occupied as a motor vehicle and/or boat marina repair service
or repainting facility or garage shall be charged 1 1/2 units
per the first eight employees, plus one per each additional eight
employees or fraction thereof, without regard as to whether the same
are occupied on a seasonal or full-year basis.
Office buildings/business agencies. Premises
occupied or designed to be occupied as a location of a business office
or agency shall be charged 1 1/2 units per first four employees, plus
one unit per each additional four employees or fraction thereof, without
regard as to whether the same are occupied on a seasonal or full-year
basis.
Commercial stores. Premises occupied or designed
to be occupied as a commercial store shall be charged one unit up
to 10,000 square feet of floor area plus one unit per each additional
15,000 square feet or fraction thereof, plus any additional units
so determined within Subsection A(27) of this definition, without
regard as to whether the same are occupied on a seasonal or full-year
basis.
Plaza or malls. Premises occupied or designed
to be occupied as a shopping plaza or mall with stores under 10,000
square feet will be charged one unit per store, plus any additional
units so determined within Subsection A(27) of this definition, without
regard as to whether the same are occupied on a seasonal or full-year
basis.
Laundromat. Premises occupied or designed to
be occupied as a laundromat, whether self-service or otherwise, shall
be charged 1 1/2 units for each two washing machines, without regard
as to whether the same are occupied on a seasonal or full-year basis.
Mobile home park. A mobile home park shall be
charged one unit for each approved mobile home stand, without regard
as to whether each space is actually occupied by a mobile home on
a seasonal or full-year basis.
Education facilities/day care. Premises occupied
or designed to be occupied as an educational facility or day care
shall be charged two units per 20 full-time student/faculty/support
personnel and full-time equivalent population, without regard as to
whether the same are occupied on a seasonal or full-year basis.
Banks and drive-in banks. Premises occupied
or designed to be utilized as a bank or drive-in bank shall be charged
one unit, without regard as to whether the same are occupied on a
seasonal or full-year basis.
Car wash. Premises occupied as a car wash, whether
self-service or otherwise, shall be charged two units per bay therein,
plus five units per every automatic car wash bay, without regard as
to whether the same are occupied on a seasonal or full-year basis.
Combination home and business dwelling. Where
a public service business is being conducted from a home-owned property
(i.e., beauty shop, realtors, etc.), a charge of one unit for the
home and 1/2 unit for the business shall be made, without regard as
to whether the same are occupied on a seasonal or full-year basis.
Beauty parlor/barbershop. Premises occupied
or designed to be occupied as a beauty salon or barbershop shall be
charged two units, without regard as to whether the same are occupied
on a seasonal or full-year basis.
Church property. Premises designed or occupied
to be utilized for religious purposes (church or parsonage) will be
charged one unit for each sewered building, without regard as to whether
the same are occupied on a seasonal or full-year basis.
Mobile campground sites. Premises designed or
utilized as a mobile camping site will be charged one unit per every
five camper stands plus three units for every disposal site utilized
by the campground site to service the transient vehicle, without regard
as to whether the same are occupied on a seasonal or full-year basis.
Public park. Premises designed or utilized as
a public park shall be charged one unit for each male facility and
one unit for each female facility, without regard as to whether the
same are open on a seasonal or full-year basis.
Industrial facility-warehouse. Premises designed
or occupied as an industrial facility or warehouse shall be charged
one unit for each 15 employees or fraction thereof, plus an additional
industrial wastewater charge so determined by the Water and Sewer
Superintendent, without regard as to whether the same are occupied
on a seasonal or full-year basis. The industrial charge is to be negotiated
subject to the Water and Sewer Superintendent's approval.
Recreational facilities (bowling alley, enclosed
tennis court, handball-type courts or all other enclosed sports activities).
All recreational facilities occupied or designed to be occupied as
listed above will be charged a minimum of three units, unless otherwise
determined according to schedule, without regard as to whether the
same are occupied on a seasonal or full-year basis.
Nonprofit public services. Premises designed
or occupied to be utilized for a nonprofit public service (firehouse
or ambulance center) will be charged one unit for each sewered building,
without regard as to whether the same are occupied on a seasonal or
full-year basis.
Racetrack. Premises occupied as a racetrack
shall be considered to be equivalent to 450 household units, without
regard as to whether the same are occupied on a seasonal or full-year
basis.
Any parcel of real property which does not fall
in any of the above classifications shall be charged a rate as determined
by the Water and Sewer District Superintendent. In the event that
any parcel of real property falls within more than one of the above
classifications, that classification which produces the greatest number
of household units shall be the one applicable. In the event, however,
that any parcel of real property is divisible according to actual
sewer connections, to be divisible into one or more classifications,
the number of household units in each classification shall be determined,
and the total thereof shall constitute the number of household units
applicable to the entire parcel.
The property owner shall permit access to his
property for a Town representative to inspect the premises with regard
to information necessary in determining the number of units to be
charged.
Appeals.
Appeals from determinations of the Water and
Sewer District Superintendent shall be heard by the Town Board within
45 days of the date of the filing of the notice of appeal.
Notice of the date of such hearing shall be
mailed to the owner of the premises at least five days prior to the
hearing. The owner shall have the right to appear and be heard at
said hearing before the Town Board.
The Town Board shall decide such appeals within
45 days of its hearing. Its decision shall constitute a final determination.
A waste drain from each sink, water closet, urinal, shower
or tub or any other structure draining from any premises into said
sewer system.
As used in relation to the term "sewer system," all lateral
sewers or all branch sewers or all interception sewers or all trunk
sewers and any sewage treatment and disposal works, each part with
necessary appurtenances, including pumping stations.
The water-carried human or animal waste and permissible industrial
waste from residences, buildings, industrial establishments or other
places.
A scale of quarterly charges established and imposed in Farmington
Sanitary Sewer District in the Town of Farmington for the use of the
sewer system or any part or parts thereof.
All sewer pipes and other appurtenances which are used or
useful in whole or in part in connection with the collection, treatment
or disposal of sewage, water, industrial waste and other wastes and
which are owned, operated or maintained by Farmington Sanitary Sewer
District in the Town of Farmington, including sewage pumping stations
and sewage treatment works operated or maintained by said Sanitary
Sewer District.
Sewer rents are hereby established and imposed
for the Farmington Sanitary Sewer District serving sewer districts
now existing, those hereafter created and extensions of either, on
behalf of said sewer districts.
The Town Board shall annually fix and determine
the amount of the sewer rental to be charged for each classification
of property within the respective sanitary sewer districts.
[Amended 1-8-1980 by L.L. No. 2-1980; 6-24-1980 by L.L. No. 3-1980; 11-22-1994 by L.L. No. 3-1994]
A.
Sewer rents shall be due and payable on January 1,
April 1, July 1 and October 1 each year.
B.
Payments neither postmarked nor actually received
at the Town Clerk’s office during the business hours thereof
during the month such rent becomes due shall be deemed late payments
for which a late penalty of 20% shall be charged. However, if the
last day for payment falls on a Saturday, Sunday or legal holiday,
then the last day on which payment can be postmarked or received by
the Town Clerk’s office without penalty shall be the first business
day thereafter.
[Amended 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No. 5-2013]
C.
Partial payments of sewer rents shall not be accepted by the Town Clerk for the Town; however, if the amount received is short by $10 or less, then the Town Clerk can accept the payment and the difference will be added on to the next bill cycle without the penalty of 20% nor will the administration fee of $50 be added and a shutoff will not be enforced. Additionally, the Town Clerk can only accept payment of the full amount of a quarterly bill, including payment of the late penalty then due, except as permitted in the preceding sentence. Nothing in Subsection C shall prevent the Town from utilizing any remedy or right afforded in this chapter to include the cost of legal fees and other associated charges which will be charged back to the person or legal entity responsible for the sewer rents so long as the amount due remains unpaid.
[Amended 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No. 5-2013; 8-14-2018 by L.L. No. 6-2018]
D.
The Town Clerk shall not accept a personal check from
any customer whose check to the Town or Town Clerk was dishonored
for insufficient funds or for no account within the previous 12 months
unless such dishonor was the fault of the bank upon which the same
was drawn as evidenced by a statement of such fact on stationery of
such bank, signed by an officer of such bank, addressed to the Town
Clerk or Town.
Revenues derived from sewer rents shall be credited
to a special fund to be known as the "Sewer Rent Fund"; moneys in
such fund shall be used only in the manner and for the purpose specified
and in the order required by the Sewer Rent Law of the State of New
York.
[Amended 12-12-1967; 12-17-1968; 11-24-1970; 10-24-1972; 6-24-1980 by L.L. No. 3-1980; 12-11-1984 by L.L. No. 4-1984; 12-30-1985 by L.L. No. 4-1985; 3-28-1989 by L.L. No. 3-1989; 11-22-1994 by L.L. No. 3-1994; 11-28-1995 by L.L. No. 7-1995; 7-27-2004 by L.L. No. 5-2004; 11-27-2007 by L.L. No.
7-2007; 1-27-2009 by L.L. No. 1-2009; 1-24-2012 by L.L. No.
3-2012; 8-13-2013 by L.L. No. 5-2013]
The Town Board shall establish sewer rents by
resolution at least annually. The resolution(s) establishing the sewer
rents shall be kept on file with the Town Clerk, and copies of the
Town Board resolution(s) shall be available from either the Water
and Sewer Department, the bookkeeper or the Town Clerk.
[Added 5-13-1986 by L.L. No. 2-1986; amended 8-11-1987 by L.L. No. 3-1987; 11-21-1988 by L.L. No. 9-1988; 10-23-1990 by L.L. No. 5-1990; 5-25-1999 by L.L. No. 1-1999; 8-12-2003 by L.L. No.
7-2003; 8-8-2006 by L.L. No. 5-2006; 11-24-2020 by L.L. No. 6-2020]
A sewer connection fee shall be paid for each
equivalent single house unit, or for the maximum equivalent unit connection
fee as established by the Town Board and made a part of the Town Fee
Schedule, prior to said unit being connected to the system. Upon application
to the Town Board based upon a demonstration of charitable purpose,
the Town Board may, in the exercise of its discretion, waive or decrease
the imposition of such fee in the appropriate case.
[Added 1-24-2012 by L.L. No. 3-2012]
All charges for sewer rent, sewer connection fees, repairs,
damages caused by carelessness or neglect, penalties, etc., shall
be made against the premises supplied, and the owner of the premises
shall be held responsible therefor. Such charges, if not paid, shall
be a lien on the property benefited. All such unpaid charges shall
be added to the next general tax against property.
