Pursuant to the authority of the Sewer Rent
Law of the State of New York (Article 14-F of the General Municipal
Law) and any and all amendments thereto, there are hereby established
and imposed sewer rents as a means of producing revenue for sewer
districts in the Town of Phelps.
As used in this Article, the following terms
shall mean and include:
Any liquid, gaseous, solid or other waste substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dye stuffs, acids, chemicals
and other discarded matter not sewage or industrial waste.
All lateral sewers or all branch sewers or all interceptor
sewers or all trunk sewers and any sewage treatment and disposal works,
each part with necessary appurtenances, including pumping stations.
The water-carried human or animal wastes and permissible
industrial wastes from residences, buildings, industrial establishments
or other places, together with such ground water infiltration and
surface water as may be present.
A scale of annual charges established and imposed in sewer
districts in the Town of Phelps for the use of the sewer system or
any part or parts thereof.
All sewer pipes and other appurtenances which are used or
useful, in whole or in part, in connection with the collection, treatment
or disposal of sewage, industrial waste and other wastes and which
are owned, operated or maintained by a sewer district in the town,
including sewage pumping stations and sewage treatment and disposal
works, if any.
A.
A single-family dwelling connected with or served
by the sewer system or any part or parts thereof.
B.
Residential structures.
(1)
Residential structures connected with or served by
the sewer system or any part or parts thereof and occupied or designed
to be occupied by two or more families, including two-family and multifamily
dwellings and apartments, apartment houses and such, shall consist
of the following charges:
(2)
In the event that such premises also contain space
not used for residence purposes, such space shall consist of such
number of additional chargeable units determined by dividing the annual
water consumption in such space by 50,000 gallons or as established
by the Town Board.
C.
Public schools shall be charged based on a contractual
basis and arrangement with the town, and such contract may be renegotiated
annually.
D.
All types of structures connected with or served by the sewer system or any part or parts thereof and not described in Subsections A, B and C of this section, including but not exclusive of schools, churches, institutions, motels, stores and commercial and industrial establishments, shall constitute that number of chargeable units determined by dividing the annual water consumption on said premises by 60,000 gallons. Such premises, however, shall constitute a minimum of one chargeable unit.
E.
In the event that any parcel of real property in its
entirety falls within more than one of the above classifications,
that classification which produces the greatest number of chargeable
units shall be the one applicable. In the event that any parcel of
real property is divisible into two or more classifications, the number
of chargeable units in each classification shall be determined and
the total thereof shall constitute the number of chargeable units
applicable to the entire parcel.
[Amended 9-13-1976 by L.L. No. 2-1976]
Sewer rents shall be separately computed for
each sewer district each year as follows:
A.
Property within a sewer district. The total cost and
expense of operating and maintaining the sewer system in each Town
of Phelps sewer district shall be annually computed. Said total cost
shall be divided by the total number of chargeable units actually
connected to the district's sewer system. The resulting charge per
unit shall be multiplied by the number of chargeable units assigned
to each user of the district's sewer system to determine each user's
annual sewer rent.
B.
Annual unit charge for each dwelling unit, place of business or other special use connected to the sanitary sewer shall be as set forth in Chapter A157, Fees, effective for the sewer rents which hereafter become due and payable.
[Amended 6-5-1989 by L.L. No. 1-1989; 10-3-1994 by L.L. No.
2-1994]
C.
Property outside sewer district. Upon property outside
of any duly established sewer district, the rent shall be the duly
established sewer rent per chargeable unit for the sewer district
processing the sewage from said property, plus a surcharge of 10%
of said annual sewer rent.
B.
The Town Board shall annually cause statements to
be prepared setting forth the amount of the sewer rents for each of
the properties subject thereto as of September 1 in each year and
the name of the person or persons in whose name such real property
is assessed, which shall be presented to the Town Board on or before
October 15 in each year, and shall cause such statements to be mailed
to such persons. Sewer rents which are delinquent and unpaid from
prior years shall be relevied at the same time and in the same manner
as the town taxes and shall be set forth in a separate column in the
annual tax rolls. The amounts so levied shall be collected and enforced
in the same manner and at the same time as provided by law for collection
and endorsements of town taxes.
[Amended 9-13-1976 by L.L. No. 2-1976]
Revenues derived from sewer rents shall be credited
to a special fund to be known as the "Sewer Rent Fund," and a separate
Sewer Rent Fund shall be created and maintained with respect to each
of the sewer districts within the town. Moneys in such funds shall
be used only in the manner and for the purpose specified and in order
required by the Sewer Rent Law of the State of New York.[1]
