[HISTORY: Adopted by the Town Board of the
Town of Schodack as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: This local law repealed former
Ch. 176, Sewers, adopted 1-26-1995 as L.L. No. 3-1995.
It is the intent of the Town Board of the Town of Schodack,
in enacting this article, to provide a fair and equitable method of
determining sewer rents for consumers within all sewer districts in
the Town and to provide consumers with an opportunity for participation.
As used in this article, the following words shall have the
following meanings:
Any activity conducted for profit, whether or not open to
the public, including, but not limited to, sales, distribution, advertising,
manufacturing or other commercial activities.
Those costs that must be paid by the districts in making
annual payments on indebtedness for such purposes as construction,
land acquisition and required reserves for replacements. "Capital
costs" are not includable in operation and maintenance expenses.
All sewer districts within the Town.
Those expenses that the districts incur for the maintenance
of sewage treatment facilities, collection systems and related functions.
A place for the transaction of business as a lawyer, doctor,
engineer, architect, consultant or any similar or related activity.
The cost chargeable to each consumer for operation and maintenance
expenses. Such "sewer rent" is to be distinguished from the assessment
that is levied to recover capital costs, which is made at the same
time as the assessment of taxes in the Town.
A dwelling area within a structure that contains cooking
and sanitary facilities and an area for sleeping, consisting of no
more than two rooms, excluding bathrooms and closets.
The Town of Schodack, New York.
The measure of use that is attributable to any real property
owner.
Each structure within the districts shall be assigned a unit
number. The unit schedule is on file in the Town Clerk's office.
Once established, each structure shall retain that unit designation
until such time as the Town Board changes such designation. The Town
Board shall establish and change, as appropriate, the unit schedule
assignments of the structures so as to reflect equitably the degree
of benefit and use of such structures. Any real property owner may
request the Town Board to amend the real property owner's unit
determination. The Town Board shall, after reviewing such request,
either alter or maintain such unit schedule determination, stating
the reasons therefor.
Unless provided otherwise by resolution of the Town Board, on
or about October 20 of each year a hearing shall be held by the Town
Board to provide real property owners with an opportunity to comment
upon the assignment of units to real property owners and the proposed
sewer rents. Where practicable, such public hearing shall be combined
with the public hearings on the assessment rolls for the districts
for capital charges. Prior to the public hearing, there shall be made
available in the office of the Town Clerk a listing by real property
owner, as those names appear on the assessment roll of the Town, of
each parcel of real property with its unit designation. The Town Clerk
shall publish in the Town-designated newspaper the fact that such
list is available for review. Any person who wishes may review such
list.
A.
Unless otherwise provided by resolution of the Town Board, written notice of the public hearing required by § 176-4 shall be mailed to each real property owner within the sewer district at their address on file.
B.
The Town Comptroller shall file with the Town Clerk, no later than 15 days prior to the date determined by the Town Board in § 176-4 for the public hearing, a written report and recommendation setting forth the amounts currently charged and the amount of the proposed charge and setting forth the reasons supporting such change, if any. This report shall be available at the office of the Town Clerk for review and inspection no later than 15 days prior to the public hearing scheduled by the Town Board.
A.
Sewer rents for operation and maintenance expenses shall be calculated
using the following method. First, from the anticipated yearly operation
and maintenance expenses shall be subtracted the anticipated state
or federal aid for operation and maintenance. To this figure shall
be added a 10% contingency figure. The result of this computation
shall be the adjusted sewer operation and maintenance expense, which
figure shall then be divided by the total number of units that have
been determined by the Town Board to exist in all districts. This
unit charge shall then be assigned to each parcel of real property
and multiplied by the number of units assigned to each classification
of real property. The amount of such calculations shall be rounded
off to the highest nearest dollar, to avoid fractional billings and
to ensure that the sewer fund is adequately compensated for all necessary
expenses.
B.
Capital charges for real property owners shall be assessed, levied
and collected by the Town at the same time as the assessment of taxes
in the Town. Capital charges shall be calculated as follows. Each
year the Comptroller shall determine those costs that must be paid
by the districts in making annual payments on indebtedness for bond
repayment, construction, land acquisition, and required reserves for
replacements. The capital cost amount shall then be divided by the
total number of units that have been determined by the Town Board
to exist in all districts. This unit charge shall then be assigned
to each parcel of real property and multiplied by the number of units
assigned to each classification of real property set forth in the
Unit Schedule as determined by the Town Board by resolution on an
annual basis. The amount of the calculation shall be rounded off to
the highest nearest dollar. The Town Board may, by resolution, establish
the apportionment of such charges so as to reflect equitably the degree
of benefit of affected parcels over the life of the capital improvements.
Sewer rents shall be established and may from time to time be amended by resolution of the Town Board, subject to the provisions of § 176-4 of this chapter and Article 14-F of the General Municipal Law.
"Vacant real property" shall mean any unimproved or undeveloped
real property. Such vacant real property shall not be charged a sewer
rent for operation and maintenance costs, although such vacant real
property shall be subject to an assessment for capital costs.
In the event that a structure is destroyed or permanently vacated,
the owner shall advise the Town Board, prior to the billing period,
of such fact and request that sewer service to the real property be
disconnected. Once disconnected, the real property shall no longer
be subject to a sewer rent and shall be liable only for the assessment
of capital costs. Reconnection to the property shall be made only
upon application to the Town Board for such reconnection and upon
payment to the Town of the costs incurred in making such reconnection.
The Town, through its Building Inspector or other representative,
shall have the authority to inspect such disconnections and reconnections.
Unless otherwise provided for by resolution of the Town Board,
sewer rent bills for each year shall be sent out on or before October
15 of each year and shall be for the twelve-month period ending on
the preceding May 31. Payment shall be due within 30 days following
the billing. Any person failing to pay such sewer bill within such
thirty-day period shall be subject to late charges and interest at
the rate of 1 1/2% per month on the outstanding balance, but
in no event shall such interest exceed the maximum allowable by law
for delinquent taxes. Any bill that is delinquent for more than one
year shall be added to the tax bill of the real property owner and
become a lien on the property. In the alternative, the Town Board
may authorize the collection of such delinquent sewer rents by civil
action instituted in a court of competent jurisdiction.
No person shall cause or permit to be discharged into the sewer
system of the districts any substance that is prohibited by state,
federal or local law or regulation. In the event that any such substance
is so discharged, the person responsible shall, in addition to any
other fine, penalty or forfeiture imposed by state, federal or local
law, be liable to the Town for any additional treatment costs or damages
to the collection system and/or treatment facility.
No person shall cause or permit to be discharged into the sewer
system of the districts, without the permission of the Town, any stormwater
or groundwater, including, but not limited to, connections from roof
drains and leaders, footing drains and sump pumps. In the event that
any such unauthorized stormwater or groundwater is so discharged,
the person responsible shall, in addition to any other fine, penalty
or forfeiture imposed by state, federal or local law, be liable to
the Town for any additional treatment costs or damages to the collection
system and/or treatment facility.
The Building Inspector shall have the right to enter upon, examine
and inspect or cause to be entered, examined and inspected any building
or property at any reasonable time for the purpose of carrying out
his duties and to determine compliance with the provisions of this
article.
This article shall take effect immediately upon filing with
the Secretary of State, as provided by law.
