[Adopted 6-7-1978 by L.L. No. 3-1978; amended in its entirety 2-27-2018 by L.L. No. 1-2018]
This article shall be cited and may be referred to as the "Sewer
Rents Law of the Town of Waterford."
It is the intention of the Town Board of the Town of Waterford,
by the adoption of this article, to provide for the establishment
and imposition of sewer rents for and on behalf of Sewer District
No. 1 of the Town of Waterford, as authorized and contemplated by
Article 14-F of the General Municipal Law of the State of New York
and all other applicable statutes, and it is the intention of the
Town Board to use sewer rents as the principal source of revenues
for operations and maintenance of the public sewerage works and system
of Sewer District No. 1 and to make such sewer rents applicable to
owners of any real property located within Sewer District No. 1 and
served or required to be served by the sewerage works and system.
This article shall apply those areas of the Town of Waterford
which are encompassed in Sewer District No. 1 of the Town, a district
formation of which was approved by the Comptroller of the State of
New York by his order dated September 24, 1976. Said Sewer District
No. 1 constitutes that sewerage system and works for which provision
is hereby made for establishment and imposition of sewer rents.
Revenues derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "Sewer Rent
Fund," and moneys in such fund shall be used and expended in accord
with the provisions and priorities specified by § 453 of
the General Municipal Law of the State of New York and any successor
statute.
The "sewer rents" shall mean a scale of charges imposed by the
Town Board, which imposition is hereby authorized, for the use of
the sewerage works and system of Sewer District No. 1.
A.
The amount of the sewer rents shall be based on consumption of water
and will be levied and collected quarterly on such dates as the Town
Board may, in the case of each sewer user, prescribe from time to
time.
B.
The sewer rents will apportion the total costs of sewerage works
and system operation and maintenance among system users in proportion
of user water consumption to total water consumption by all users,
so far as practical and reasonably possible.
D.
In the case of users whose premises are recipient of municipal water
on a metered basis, such meter readings shall be determinative of
water consumption for the user.
A.
From time to time, the Town Board shall establish a minimum quarterly
sewer rent by resolution, and such shall be applicable to all users
of the system in each quarter, each user in each quarter to pay not
less than the minimum quarterly sewer rent so established.
In the case of any nonresidential user of municipal water on a metered basis who demonstrates to the satisfaction of the Town Board, in its sole discretion, that a substantial portion of the water delivered to its premises is so utilized or diverted, on a regular and continuing basis, that it does not flow into the sewerage system, the Town Board may, in its sole discretion, provide that only a percentage of the volume of municipal water consumed by or delivered to the user's premises shall be employed in determining the user's sewer rents under §§ 126-15 to 126-17.
The Town Board shall, from time to time, make arrangements for
the orderly collection of sewer rents.
In all ways and at all times, this article shall be construed
in a manner consistent with all provisions of Article 14-F of the
General Municipal Law of the State of New York.
