Town of Oneonta, NY Use and Revenue

[1]

Editor's Note: Local Law No. 1-1999, adopted 2-10-1999, provided for the repeal of the designation "Part 3, West Street Sewer District Use and Revenue," which immediately preceded this article.

[Amended 2-14-1996 by L.L. No. 3-1996; 2-10-1999 by L.L. No. 1-1999]

An annual charge is hereby imposed upon every person, firm or corporation whose premises are served by the sanitary sewer system of the Town of Oneonta either directly or indirectly for the use and support of the facilities of said system and for connection therewith. The yearly charge will be rendered at a time to be determined each year by the Town Board by resolution, and payment is due within 60 days after the specified period; then a penalty of 10% of the entire bill will be added in the event that payment is not made within said period of 60 days. If, prior to the expiration of such sixty-day period, the user has applied for an adjustment of water charges pursuant to § 73-56G below, the penalty shall not accrue until 60 days after a determination thereon by the Board of Sewer Commissioners. Any account delinquent as of October 31 will be added to the Otsego 2County tax levy, or as otherwise provided by law. Failure to receive bills for any reason shall not be a defense to paying the penalty charge provided for herein. The sewer rents and charges to be imposed each year upon the established sewer districts of the Town of Oneonta shall be established annually by resolution enacted pursuant to Article 14-F of the General Municipal Law and this article.

[Amended 1-14-2004 by L.L. No. 2-2004]

The sewer rental is due as hereinafter described whether or not the property in question is connected to the main sewer by the required lateral.

The sewer charge will be based on a sewer unit; for properties within the West End Sewer District and West Street Sewer District the units are described as follows:

(1)

Each one-family year-round residence, occupied or unoccupied: one unit.

(2)

Each two-family year-round residence, occupied or unoccupied: two units.

(3)

Each three-family year-round residence, occupied or unoccupied: three units.

(4)

Each residence used on a seasonal basis of whatever nature or construction: one unit.

(5)

Mobile homes, occupied or unoccupied: one unit.

(6)

Each apartment, occupied or unoccupied: one unit. (NOTE: An "apartment" is defined as living quarters with a separate sink, lavatory or toilet facility.)

(7)

Hotels and motels.

(a)

For every two rooms or fraction thereof offered for occupancy: one unit.

(b)

For each full-time occupancy by owner, manager or employee: one unit.

(8)

Tourist homes and rooming houses, for every two rooms or fraction thereof rented or available for rent: one unit.

(9)

Each church, parsonage, rectory, convent or building or part of building used by religious, fraternal or civil organization: one unit.

(10)

Each unimproved property or building lot size that fronts a right-of-way of town, county or state highways: 1/2 unit. (NOTE: The Town Board shall determine the minimum/maximum building lot size.)

(11)

Governmental campus: set units at 278 established by engineering reports based on average usage of 110 gallons of water per day.

(12)

Laundromats: one unit for every four washers or portion thereof. (NOTE: "Washer" refers to a standard one-load washer; any larger unit shall be apportioned according to its capacity.)

(13)

Intermediate-care facilities (ICF), day-care centers. For every five people, employees and support staff: one unit.

(14)

Industrial plants, commercial operations, professional or business offices employing not more than three employees and with separate water facilities: one unit.

(15)

Industrial plants, commercial operations, professional or business offices employing three or more employees. For every seven employees or fraction thereof: one unit. (NOTE: Count for above shall be submitted by employer to town quarterly.).

(16)

Public and parochial schools. For every three students, employees and support staff: one unit. (NOTE: The count on schools is to be recorded as of September 15 of each year and is to be effective for a twelve-month period.)

(17)

Dining establishments.

(a)

Year-round dining establishments.

[1]

Dining establishments that serve three meals a day shall have one unit for every eight seats.

[2]

Dining establishments that serve two meals a day shall have one unit for every 10 seats.

[3]

Dining establishments that serve one meal a day shall have one unit for every 12 seats.

(b)

Seasonal dining establishments. A "seasonal dining establishment" is a dining establishment that is in operation a maximum of six months per year. Any dining establishment which is a seasonal dining establishment shall be assessed at 1/2 the rate of the above schedule, Subsection C(17)(a).

(18)

Car washes and all other establishments not heretofore mentioned: one unit.

(19)

Industrial plants, commercial operations, professional or business offices and all other unclassified uses with shared water facilities: one unit for each business entity which employs up to seven employees. For each additional seven employees or fraction thereof per business: one unit.

(20)

Any use designated in Subsection C(12) through (19) above, if unoccupied or vacant: one unit.

[Added 4-9-2003 by L.L. No. 2-2003]

(21)

Seasonal use athletic, sporting and recreational establishments:

[Added 5-11-2005 by L.L. No. 3-2005]

(a)

Housing facilities: 25% of the units otherwise charged under Subsections C(7) and (8) above.

(b)

Dining facilities: 25% of the units otherwise charged under Subsection C(17)(a) above.

For the Southside Sewer District, said units are described as follows:

(1)

Key:

gpd = gallons per day

VL = vacant land (15 people/ac x 15 gpd/person)

T = trailer (200 gpd)

CW = car wash (1,000 gpd/bay)

BA = bowling alley (75 gpd/lane)

empl = employee

ac = lot acreage

(2)

Unit assessment:

400 gallons/day or less wastewater flow = one unit.

Any part of a unit will be rounded up to the next 1/2 unit.

(a)

House or residence: 400 gpd.

(b)

Hotel or motel: 100 gpd/room.

(c)

Shopping center: 0.05 gpd/square foot.

(d)

Tavern (little food service): 20 gpd/seat.

(e)

Business: 15 gpd/employee.

(f)

Food service operation: 35 gpd/seat.

(g)

Theater 5 gpd/seat.

(h)

Meeting rooms: 2 gpd/person.

The above standards are derived from the New York State Department of Environmental Conservation Standards for Waste Treatment Works, 1980.

In addition to the above sewer rent unit charge, there shall be imposed a charge for operations and maintenance. Said operations and maintenance charge shall be imposed on the basis of water consumption and shall be at a rate fixed by resolution of the Town Board of the Town of Oneonta.

There shall be imposed a one time sewer connection charge at such time as a unit, as defined above, is required to be connected to the sewer system. The rate for such connection shall be fixed by resolution of the Town Board.

Any person may apply to the Town Board of the Town of Oneonta, acting as the Board of Sewer Commissioners, for an adjustment of his sewer charge in the event that there is a change of circumstance at any time resulting in a different number of sewer units for which the applicant is being charged or for any change affecting water consumption. The Board shall determine what adjustments shall be made, if any, on the basis of relevant proof of change of circumstances submitted by the applicant. Except for errors and omissions, any adjustments made shall be prospective only and shall take effect following the adoption by the Town Board of the next resolution fixing the annual sewage charge as set forth in Subsection A of this section.

[Amended 1-10-2001 by L.L. No. 1-2001]