Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[Adopted 7-16-1992 as Section 2 of L.L. No. 1-1992]
Pursuant to the General Municipal Law, entitled “Sewer Rent Law,”[1] there are hereby established and imposed sewer rents as set forth from time to time by Town Board resolution, which sewer rents are set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk. Said sewer rents will be in compliance with the intermunicipal agreement between the Town of Walworth and the Town of Macedon so long as that agreement remains effective.
[1]
Editor’s Note: See Art. 14-F of the General Municipal Law.
[Amended 12-1-1994 by L.L. No. 8-1994; 6-15-1995 by L.L. No. 4-1995]
As used in this Part 1, unless the context or subject material otherwise requires, the following terms shall mean and include:
ONE THOUSAND GALLONS
The quantity or unit used in calculating water consumption.
ONE-TIME NEW LAWN CREDIT
A one-time credit which shall be granted to a qualified owner of a newly constructed unit in order to contribute to the cost of growing a new lawn. The credit shall apply after the owner’s usage exceeds the minimum of 64,000 gallons annual minimum (for which the owner shall be charged), and shall apply to up to the next 50,000 gallons of use thereafter. It shall be applicable during the first calendar year beginning on the first day of the month subsequent to the issuance of the certificate of occupancy for the newly constructed unit and shall expire one year thereafter.[1]
[Amended 10-15-2015 by L.L. No. 3-2015]
QUALIFIED OWNER
A unit owner, including the owner of a single living, commercial or industrial unit who:
A. 
Owns property containing a lawn that is not owned in common with any other property owner; or
B. 
Leases the unit and has the sole obligation to maintain the lawn on the premises where the unit is located.
QUALIFIED SWIMMING POOL OWNERS
A unit owner, including the owner of a residential unit within a Town sewer district who owns a swimming pool and applies on a form provided by the Town, upon issuing of building permit, for a one-time swimming pool credit.
SEWER RENTS
A scale of annual charges for service available by the sewer system or any part or parts thereof as set forth from time to time by Town Board resolution and set forth on the Walworth Fee Schedule on file in the Town Clerk’s Office.
[Amended 10-15-2015 by L.L. No. 3-2015]
SWIMMING POOL CREDIT
A credit offered to a qualified swimming pool owner of a newly constructed swimming pool (including a replacement swimming pool) or a reconstructed existing swimming pool. The credit shall be an amount equivalent to the number of gallons required to fill the pool times the sewer rate as determined by the Building Inspector of the Town.
[Amended 3-20-2003 by L.L. No. 1-2003]
UNIT
A single living, commercial or industrial unit even though the unit is located within a structure with other units. A single unit is space which includes the necessary amenities and facilities for the operation of the unit, except for structural parts of the building. For example, a living unit would be one or more rooms, plus bath and cooking facilities, dedicated for use of that unit. A commercial or industrial unit would be the space for the commercial use, plus necessary accessory uses which are not part of the common area. The unit need not have a separate water meter. Common areas may also be a separate sewer unit.
WATER CONSUMPTION
The amount of municipally supplied water consumed as recorded by the water meter measuring water consumed on the premises.
[1]
Editor's Note: The former definition of "one-time swimming pool credit" was amended 3-20-2003 by L.L. No. 1-2003. See now "swimming pool credit."
In order to equitably compute the amount of sewer rents to be charged to each unit connected with and served by the sewer system or any part or parts thereof, the following schedule of chargeable units is hereby established.
A. 
All units, as hereinabove defined, discharging domestic equivalent waste shall be billed as follows:
(1) 
If the unit is on a separate water meter, the sewer rent shall be based on the water consumption as recorded by the water meter for that unit, except as herein set forth.
(2) 
If the unit does not have a separate water meter, the sewer rent shall be based on the percentage of the water consumption as recorded on the water meter serving the property in the same proportion as that unit relates to the total number of units served by the single water meter. (A separate bill will not be issued for each unit.) The sewer rent for a unit not served by a separate water meter will be included on the water bill for the property which includes the unit.
(3) 
If the unit is on the approved public water supply and has a missing water meter, or there is a malfunction of a water meter, the sewer rent shall be based upon the average water consumption of a similar unit within the Town of Walworth Sewer District No. 1 as may be determined by the department of the Town rendering the bill.
(4) 
If a unit is on an auxiliary supply, the sewer rent shall be based on the minimum charge as provided in § 139-6A of this Part 1.
(5) 
There may be special large users of water where the water does not eventually enter the wastewater treatment facilities. In those few cases, the Town Board may, by resolution, determine the amount of water to be consumed by unit which does not enter the wastewater treatment system.
[Amended 5-20-1999 by L.L. No. 3-1999]
(6) 
Subsequent to a certificate of occupancy being issued for a newly constructed unit, a qualified owner may register, at any time within the first four billing periods subsequent to the issuance of the certificate of occupancy, for a one-time new lawn credit by filing with the Town a certificate requesting the one-time new lawn credit and, upon filing such certificate, the credit shall be applied to subsequent bills until exhausted, even if such bills are for the minimum charge. The certificate for a one-time new lawn credit shall be issued by the Town on its form, immediately subsequent to the issuance of a certificate of occupancy, and said certificate shall contain an expiration date. If the qualified owner of a unit has not applied for a one-time new lawn sewer credit within eight billing cycles (24 months), the qualified owner's right to register for a one-time new lawn sewer credit will expire.
[Added 12-1-1994 by L.L. No. 8-1994; amended 10-6-2011 by L.L. No. 5-2011]
(7) 
Subsequent to the construction of a new swimming pool (including a replacement swimming pool) or the reconstruction of an existing swimming pool and the issuance by the Town's Building Inspector of a certificate of compliance, a qualified swimming pool owner shall receive with the certificate of compliance a credit voucher, which shall be sent to the Town's sewer billing agent by the Building Inspector. The billing agent shall then apply the swimming pool credit on the next sewer bill, billed to the unit owner.
[Added 6-15-1995 by L.L. No. 4-1995]
B. 
For those units discharging extra-strength waste, there shall be an additional charge made in addition to a charge as set forth above for the unit. The extra-strength waste charge shall be based upon the strength of the wastes. No unit may discharge extra-strength waste into the sewer system without a special agreement. Each agreement shall be approved by the Town Board and in general follow the Monroe Plan for determining the costs of such extra-strength waste.
Every property owner or occupant shall notify the Building Inspector, in writing, within 30 days of any change of status of property which requires a change in the number of units or fraction thereof to be used in determining the amount of sewer rents to be charged. The Building Inspector shall report any and all changes of status to the Town Board. Failure to notify shall be a violation of this Part 1.
The Superintendent or other authorized representative of the Town shall have the right of access at any reasonable time to any premises served by the sewer system for the purposes of inspection in order to carry out the provisions of this Part 1 in an equitable manner.
A. 
Amount. Each unit shall pay a minimum charge for each three-month period for sewer rent as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fee shall be determined by Town Board resolution. In the event that the three-months’ water consumption exceeds 16,000 gallons, then the unit shall also pay a fee for each additional 1,000 gallons or part thereof of water consumed as determined above during the three months covered by the water bill, which fee is set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk and which fee shall be determined by Town Board resolution.
[Amended 12-5-1996 by L.L. No. 7-1996; 6-16-2005 by L.L. No. 3-2005; 5-4-2006 by L.L. No. 2-2006; 9-18-2008 by L.L. No. 4-2008; 8-18-2011 by L.L. No. 2-2011; 10-3-2013 by L.L. No. 4-2013; 9-4-2014 by L.L. No. 4-2014; 11-5-2015 by L.L. No. 4-2015; 11-5-2015 by L.L. No. 5-2015]
B. 
Period of collection.
[Amended 12-16-1993 by L.L. No. 5-1993]
(1) 
The initial sewer use rental shall commence and be payable within 90 days after the public sewer facilities become available to the premises or the date on which the premises are connected to the sewer, whichever occurs first. The sewer use rental shall commence for premises which are constructed in areas where public sewer facilities are available when the certificate of occupancy is granted and shall be payable with the next water bill rendered to the premises.
(2) 
The sewer use rental will be billed and is payable with the water bill four times a year on the first day of January, April, July and October, in each year. The failure to pay a sewer use rental bill (as part of the water bill or within 30 days of the date of the bill on the premises) shall be subject to a late charge.
(3) 
Single-living-unit users who disconnect or turn off their water for more than 30 continuous days shall not be charged with the minimum charge for sewer rents.
[Added 6-16-2005 by L.L. No. 3-2005]
(4) 
In addition to the charges provided herein, each user will be charged a fee for the sole purpose of maintenance/upgrades to the sewer facilities. Funds from this collection will be credited to an established Town Sewer Reserve account. Such fee is set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk and which fee shall be determined by Town Board resolution.
[Added 9-4-2014 by L.L. No. 4-2014; amended 11-5-2015 by L.L. No. 5-2015]
C. 
Late charges.
(1) 
The same interest and late charges shall be imposed on sewer use rents that are payable with the Town and county tax as are imposed on the real property taxes on the same tax bill.
(2) 
If the sewer use rent is not paid as a part of the real property tax bill, then it must be paid within 30 days of the due date. If the sewer use rent is not paid within 30 days of the due date, then a late penalty of 10% shall be added to the sewer use rent charged. For each month, thereafter, an interest charge of 1% per month shall be added to the sewer use charge until paid. Any sewer use rent overdue for 30 days or more, together with interest and penalties, shall be added to the next Town and county real property tax bill. Such charges shall be a lien on the real property.
D. 
Additional charges.
(1) 
In addition to the charges provided herein, each user which discharges pollutants to the sewer system that causes an increase in the cost of managing the effluent or sludge from the treatment works shall pay for the increased cost by an additional annual charge.
(2) 
Each user class shall pay its proportionate share of operation, maintenance and replacement costs of the treatment facility based upon that user class' contribution in proportion to the total wastewater loading from all user classes.
(3) 
The cost for operation and maintenance for all flows not directly attributable to a use or a class of users shall be distributed in the same manner that costs are distributed for actual use.
(4) 
In addition to the charges provided herein, each user will be charged a fee for the sole purpose of maintenance/upgrades to the sewer facilities. Funds from this collection will be credited to an established Town Sewer Reserve account. Such fee is set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk and which fee shall be determined by Town Board resolution.
[Added 9-4-2014 by L.L. No. 4-2014; amended 11-5-2015 by L.L. No. 5-2015]
E. 
Annual notification. Each user shall be notified at least once each year, at the time of a regular billing, of the rate that is charged and the percentage of the user charge attributable to wastewater treatment service.
F. 
User charge system takes precedence. The user charge system shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the user charge system.
G. 
Establishment of financial system. The Town sewer district shall establish an adequate financial system to accurately account for revenues generated by the system and expenditures for operation, maintenance, debt service and replacement of the treatment system.
[Amended 1-15-1998 by L.L. No. 2-1998; 11-5-2015 by L.L. No. 5-2015]
A. 
Each new connection shall be inspected, and there shall be a fee due for the same as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk and which fee shall be determined by Town Board resolution.
B. 
Each new sewer connection shall have a one-time construction charge as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk and which fee shall be determined by Town Board resolution.
C. 
The fees in this subsection shall be due at the time the certificate of occupancy for the associated building permit is requested.
A. 
All unpaid delinquent sewer rent charges and penalties shall constitute a first lien on the real property served by the sewer system, and, on the first day of November of each year, the Supervisor shall present to the Town Board a statement setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name the real property is assessed.
B. 
The Town Board shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be levied and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes.
A. 
The Town reserves the right to change the basis for determining sewer use charges. The determination of the property owner's classification as industrial or domestic shall be as determined by the Town.
B. 
The Town reserves the right, from time to time, to change sewer use charges originally or previously assigned.
C. 
The Town may require additional charges and/or penalties from a user to cover the added cost of handling and treating special waters.
Revenues derived from sewer rents shall be credited to a special fund to be known as the "Sewer Fund." Moneys in such fund shall be used only in the manner and for the purposes specified and in the order required by the Sewer Rent Law of the State of New York.[1]
[1]
Editor's Note: See Article 14-F of the General Municipal Law.