Pursuant to the General Municipal Law, entitled
“Sewer Rent Law,” 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.
[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-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.
[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.
[Amended 12-1-1994 by L.L. No. 8-1994; 6-15-1995 by L.L. No.
4-1995; 5-20-1999 by L.L. No. 3-1999; 10-6-2011 by L.L. No.
5-2011]
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.
(6) Subsequent to a certificate of occupancy being issued
for a newly constructed unit, a qualified owner may register for a
one-time new lawn credit by filing with the Town a certificate requesting
the one-time new lawn credit. If the qualified owner has not applied
for a one-time new lawn sewer credit within one year from the issuance
of a certificate of occupancy, the new lawn sewer credit will expire.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
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.
[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.
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.