All persons owning, having, or occupying lots, parcels, or tracts
of land situated within water districts or connected to public water
supply within the Town of Poestenkill shall pay to the receiver of
water charges, at the times provided by the Town Board, rents and
charges as may be fixed from time to time by the Town Board and based
on the criteria set forth in the following sections.
The source of the revenues for retiring debt service, capital
expenditures, operation and maintenance of the various public water
systems within the Town of Poestenkill may be a combination of ad
valorem tax and a water use charge assigned to owners of property
and users of water located within and without the water district.
Nothing herein contained, however, shall require uniformity of method
or basis of charges among the respective water districts within the
Town of Poestenkill, and the Town Board is empowered hereby to establish
different methods or bases of charges within the respective water
districts.
The water district budget shall be prepared concurrent with
the preparation of the Town Budget. The ad valorem tax per benefit
unit shall be fixed at the November budget meeting and shall generally
reflect the proportionate water use of each category in relation to
the average use of water by all residential structures. For the purpose
of assigning charges, benefit units shall be assigned according to
the following schedule:
|
Residential single-family homes, condominiums or townhouses
(per living unit)
|
1 unit
|
|
Multifamily homes
|
1 unit for the first residence plus 0.75 unit for each additional
residence
|
|
Apartments
|
1 unit for the first residence plus 0.75 unit for each additional
apartment
|
|
Vacant parcel
|
0 units for an undevelopable parcel of less than 0.5 acre
|
|
Vacant parcel
|
0.5 unit for a developable parcel of 0.5 acre to 10 acres
|
|
Vacant parcel
|
1 unit per parcel of 10 acres or more
|
|
Farm parcel
|
1 unit per parcel
|
|
Adult entertainment
|
2.5 units
|
|
School
|
30 units
|
|
Arc residential facility
|
4 units per facility
|
|
Industrial/commercial
|
1 unit <25 employees
|
|
Industrial/commercial
|
2.5 units > 25 employees
|
|
Community service (public assembly)
|
1 unit
|
|
Airport
|
1 unit
|
|
Highway garage
|
2.5 units
|
|
Library
|
2 units
|
|
Town hall
|
2.5 units
|
|
Recreation/entertainment
|
1 unit
|
|
Natural products
|
2.5
|
|
Restaurant
|
8 tables or less, 1.5 units
|
|
Restaurant
|
9 tables or more, 2.5 units
|
There is hereby created within the Town a Water District Benefit
Unit Review Board. The Board shall be composed of three residents
of the Town who are water district customers, appointed by the Town
Board to three-year terms. Of the initial appointments, one shall
be appointed for a one-year term, one shall be appointed for a two-year
term, and the third shall be appointed for a three-year term. Any
water district customer may appeal the number of benefit units assigned
to his property. Such appeal shall be made on the basis of the number
of units assigned to his property and his actual water use compared
to the average use of all residential customers; provided, however,
that a single-family residential structure shall always be one benefit
unit.
A.
Each water use charge billed pursuant to this chapter is hereby made
a lien on the premises to which it relates, and if the same is not
paid within 30 days after it shall initially become due and payable,
a five-percent penalty shall be assessed thereon, and the combined
amount of overdue principal and penalty shall be added to the charge
due for the ensuing billing period. If the resultant aggregate amount
for the two billing periods is not paid within 30 days after same
shall become due and payable, said aggregate amount shall be certified
to the fiscal officer of the Town of Poestenkill, who shall place
the same on the real property tax bill (re-levy) for that year, together
with any other interest and penalties allowed by law, and thereafter
collected as other Town taxes are collected.
B.
Those water consumers who have not paid their bills after the second
billing shall be deemed to be delinquent, and the services to their
premises may be discontinued at the order of the Town Board. Notice
shall be provided to any tenant of a structure five days prior to
water being turned off in the structure. The receiver of water charges
may accept a payment from any third party for a past due bill and
suspend the order of the Town Board.
