[Adopted 6-7-1984 by L.L. No. 2-1984]
It is the intention of the Town Board of the Town of Montgomery
by the adoption of this Part 2 to establish and impose sewer charges
for any sewer district in the Town and/or authority charged with the
duty of operation and maintenance of said sewer districts and/or any
additional sewer disposal districts or systems formed pursuant to
the provisions of Town Law and the General Municipal Law and any other
applicable law.
As used or referred to in this Part 2, unless a different meaning
clearly appears from the context, the following terms shall have the
meanings indicated:
Charges paid by users for their proportionate share of operation
and maintenance, including replacement and costs of treatment works,
mains, pump stations and other equipment within any sewer district,
based on the user's proportionate contribution to the total wastewater
loading from all users within any sewer district.
Vacant parcels within any district, which, when improved for residential or nonresidential purposes and connected to public sewers, the owners of which will become users, except those areas declared exempt under § 185-17.
Includes allowances for replacement.
As used in § 185-16E, F and G shall be the lands
upon which the commercial or industrial establishment conducts its
business and shall not be less than the area described in any special
exception use permit or building permit obtained for said commercial/industrial
use.
Twenty years from the date of the start-up operation.
A unit charge, established by the Town Board annually and
based upon the amount of funds required to pay expenditures for operation
and maintenance, including replacement, funds required for repayment
of capital debt service and the number of units of use, in any sewer
district.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the planning period of
the treatment works to maintain the capacity and performance for which
such works are designed and constructed.
A scale of annual charges established and imposed by the
Town of Montgomery for the use of the public sewers and the availability
for use of the public sewers by benefit area vacant parcel owners.
The quantity of usage of the sewer system assigned to different
classifications of real property in any district.
Any owner of real property within any district who is depositing
or is required to deposit sewage, either directly or indirectly, into
the public sewers.
A system of charges which shall be levied against users in
any sewer district in the Town, based on the units of use multiplied
by a rate, such that the Town may recover the cost for operation and
maintenance (including replacement) for any sewer district.
Based on estimated volume of flow only, as outlined in the
Schedule of Units.[1] Any types of users not listed in the schedule of units shall be subject to review by the Town Board as to the unit value of their contribution (units of use). If applicable, they shall be further subject to the requirements of Part 3, Sewer Use Regulations, §§ 185-63 and 185-64.
Any owner of vacant property within any sewer district in
the Town who, by virtue of the parcel's proximity to public sewers,
has the right to connect to the public sewers when the parcel is improved
and the owner becomes a user, as defined above.
The basis for the sewer charges to be paid by the users and
vacant parcel owners in any sewer district in the Town shall be determined
from the following Schedule of Units:
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Town of Montgomery Sewer District No. II
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|---|---|---|---|
|
Schedule of Units
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Type of Use
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Operation and Management Units of Use
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Unit Assessment Debt Service
| |
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A.
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Single-family
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10
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1 for each 10 operation and management units ($25** per unit)
|
|
B.
|
Two-family
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20
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1 for each 10 operation and management units ($25** per unit)
|
|
C.
|
Apartment units
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10
|
1 for each 10 operation and management units ($25** per unit)
|
|
D.
|
School*
|
60
|
0
|
|
E.
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Commercial/industrial establishments connected with fewer than
5 employees
|
10
|
$150** per acre for the entire acreage of the parcel on which
a commercial or industrial establishment is built on
|
|
F.
|
Commercial/industrial establishments connected with 5 or more
employees
|
20+ plus 10 for each increment of 5 employees over 10
|
$150** per acre for the entire acreage of the parcel on which
a commercial or industrial establishment is built on
|
|
G.
|
Commercial/industrial establishments not connected
|
0
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$150** per acre for the entire acreage of the parcel on which
a commercial or industrial establishment is built
|
|
H.
|
Vacant land
|
0
|
1 for each buildable acre ($25** per unit) or vacant residential
lot
|
|
NOTES:
| |
|---|---|
|
*
|
Berea School is to finance its portion of capital construction.
The debt service will not be borne by the Town of Montgomery Sewer
District.
|
|
**
|
To be adjusted annually by the Town.
|
A.
The lands within the Sewer District No. II which are landlocked and
permit no entry so that the premises may be used for construction
of residences or business building or other lands which are unusable
because of unusual terrain or surface water conditions shall not be
required to pay any of the capital cost or the cost of operation of
the Sewer District No. II.
B.
Such exemption from tax shall be granted by application to the Town
Board of the Town of Montgomery and upon the finding of the Town Board
that said property is landlocked or unusable for residences or business
buildings.
C.
If the owner of any property for which this exemption has been granted
should, subsequent to obtaining exemption, use said property for a
dwelling or for other business buildings or business uses, then in
that event the owner of said property must pay to the Town the amount
he or she would have been required to pay the Town if no exemption
had been granted for all of the exempt years, and no building permit
shall be issued by the Code Enforcement Officer of the Town until
such time as the owner of said property shall have paid to the Town
the amount that would have been required if the property had not been
declared exempt and for the time the exemption existed.[1]
The Town shall review not less often than every two years the
wastewater contribution of users and user classes, the total costs
of operation and maintenance of the treatment works and its approved
user charge system. The Town 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.
The cost of all flows not directly attributable to users shall
be distributed among all users in any sewer district in the same manner
that the costs of operation and maintenance are distributed among
all users in any sewer district for their actual use. Any increased
costs associated with the management of effluent and/or sludge and
any treatment works caused by the discharge of toxic pollutants shall
be paid for by those users discharging the toxic pollutants.
Each user and vacant parcel owner shall be notified annually,
in conjunction with a regular bill, of the rate and that portion of
the user charges which are attributable to wastewater treatment services.
Such notification shall be broken down to show separate charges and
rates for operation and maintenance and debt service repayment.
The Town may have preexisting agreements which address the reservation
of capacity in the Town's treatment works or the charges to be collected
by the Town in providing wastewater treatment services or reserving
capacity. This user charge system shall take precedence over any terms
or conditions of agreements or contracts between the Town and users,
including industrial users, special districts, other municipalities
or federal agencies or installations, which are inconsistent with
the requirements of federal regulations.
There is hereby established and imposed an annual sewer charge on all users and vacant parcel owners to be determined by multiplying the rate charge times the number of units assigned to each user and/or vacant parcel owner based upon the Schedule of Units of use in § 185-16 of this Part 2. The rate shall be established annually by the Town Board of the Town of Montgomery at the time of the adoption of the Town budget.
All sewer charges shall be payable, collectable and enforceable
in the manner provided by law for the payment, collection and enforcement
of annual Town taxes in the Town of Montgomery as a part of the annual
Town tax bill and, if unpaid within 30 days of the billing date, shall
constitute a lien upon the real property, and such lien shall be proper
and superior to every other lien or claim except a lien of an existing
tax, water charge or local assessment.
Unpaid sewer charges shall constitute a lien upon the real property
served by the sewer system or such part or parts thereof for which
sewer charges shall have been imposed as and from the first day fixed
for the payment of such sewer charges. The lien shall be prior and
superior to every other lien or other claim except the lien of an
existing tax, assessment or other lawful charge imposed by or for
the State of New York or a political subdivision or district thereof.
This Part 2 shall take effect immediately upon compliance with
the provisions of L.L. No. 1-1971 of the Town of Montgomery, entitled
"Local Law Adoption Procedure."
