[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:
The quantity or unit used in calculating water consumption.
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]
A unit owner, including the owner of a single living, commercial
or industrial unit who:
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.
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]
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]
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.
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.
(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.
A.
Amount. Each unit shall pay a minimum charge for
each three-month period for sewer rent and in the event that the three-months'
water consumption exceeds 16,000 gallons, then the unit shall also
pay an additional 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. Such fees/additional fees shall be set forth by
the Walworth Town Board via the Town Fee Schedule, or otherwise from
time to time by Walworth 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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
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 will not be charged the minimum
for sewer rents if and during the time where they disconnect or turn
off their water for more than 30 continuous days. In such case, and
in order to gain this benefit, prior to disconnecting or turning off
their water, the user shall file a notarized letter with the office
of the Superintendent of Sewers requesting the no charge and detailing
the dates they intend to disconnect or turn off their water for more
than 30 continuous days.
[Added 6-16-2005 by L.L. No. 3-2005;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(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.
[Amended 9-4-2014 by L.L.
No. 4-2014; 11-5-2015 by L.L. No. 5-2015; 8-20-2020 by L.L. No. 1-2020; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(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. 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.
(3)
In addition to the charges provided herein, each user will be charged
a fee of $7.50 per quarter for the purpose of operation and maintenance.
Funds from this collection will be credited to the operating fund
of the Town of Walworth Sewer District(s).
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.
