An annual benefit assessment will be levied on all properties
within the sewer district for the payment of capital costs for the
POTW representing principal and interest. Each tax parcel will be
assessed separately. The benefit assessment will be billed to the
owner.
A.
The benefit assessment will be based on the length of frontage for
the front line lot each tax parcel has with the abutting public or
private road as of May 31, of the previous year. Each 100 feet of
frontage or portion thereof will constitute one unit of benefit assessment.
No tax parcel will be assessed more than 12 units.
B.
Example: A tax parcel with 250 feet of frontage would constitute
three units for assessment purposes.
C.
Whenever the Planning Board approves a subdivision of property within
the sewer district, it will promptly transmit a copy of the approved
subdivision map to the Superintendent.
A.
Prior to the first benefit assessment, the Town will establish a
tax role for the purpose of determining the number of benefit units
applicable to each tax parcel in the sewer district. A notice of the
benefit units assigned to each property will be sent to the owner
of the parcel. The notice will indicate that the owner may present
a statement within 30 days to the Superintendent if he/she disputes
the assigned number of benefit units. Thereafter, the Superintendent
will make a final determination and notify the owner.
B.
On June 30 of each succeeding year or as soon thereafter as practical,
the Superintendent will send a notice to any owner of any property
whose units of benefit assessment on the tax role for the following
year will differ from that of the current year. The notice will indicate
that the owner may present a statement within 30 days to the Superintendent
if he/she disputes the assigned number of benefit units. Thereafter,
the Superintendent will make a final determination and notify the
owner.
An annual sewer rent for the payment of operation and maintenance
costs will be assessed on all properties that are connected to the
sewerage system. In the case of residential properties, each dwelling
unit in a multifamily dwelling will constitute a separate sewer account.
In the case of commercial property, each occupant of a multitenant
building will constitute a separate sewer account. All accounts will
be billed to the owner.
A.
Sewer rents will be billed based on the number of EDUs that corresponds
to the use being conducted at that location of each sewer account
as of the startup of the WWTP or as of May 31 of the preceding year
thereafter. The use will be the actual use unless a certificate of
occupancy or compliance has been issued by the CZEO for a different
use as of that date. The number of EDUs assigned will be based on
the most recently issued version of the DEC Design Guildelines (the
"Guidelines") for that use.
B.
The designation of EDUs for each account will be made by the Superintendent.
In the event that a use is not represented in the Guidelines, the
Superintendent will develop an EDU for the use based on design information
or choose a use in the Guidelines that most closely approximates the
water usage for that use and make any appropriate adjustments. In
no event will an account be assessed at less than 1 EDU.
C.
The CZEO will provide the Superintendent with copies of all building
and zoning permits that are issued. The Superintendent will update
the designation of EDUs for any affected account whenever appropriate.
D.
Where construction is involved in a change of use, the update will
not be made until a certificate of occupancy or compliance is issued,
whenever applicable.
E.
Prior to the first billing of sewer rents, the Superintendent will
assign an EDU value for each sewer account. A notice of the EDUs assigned
to each sewer account will be sent to the owner of the parcel. The
notice will indicate that the owner may present a statement within
30 days to the Superintendent if he/she disputes the assigned number
of EDUs. Thereafter, the Superintendent will make a final determination
and notify the owner. If no dispute is filed, the assigned EDU value
will be final.
F.
On June 30 of each succeeding year or as soon thereafter as practical,
the Superintendent will send a notice to the owner of any property
which has a sewer account where the EDUs for the following year will
differ from that of the current year. The notice will indicate that
the owner may present a statement within 30 days to the Superintendent
if he/she disputes the assigned number of EDUs. Thereafter, the Superintendent
will make a final determination and notify the owner.
A.
All users discharging or depositing wastes with concentrations in
excess of the pollutant concentrations in normal sewage shall incur
a surcharge on the sewer rents attributable to their sewer account.
B.
The Superintendent will assess the additional operating costs, which
will include system depreciation, attributable to the treatment of
any such sewage. The Superintendent will provide a report to the Town
Board that details the total amount of additional operating costs
and how these costs were assessed. As part of the budgeting process,
the Town Board will determine the total surcharge for all such accounts
needed to fully recover the additional operating costs attributable
to the discharging or depositing wastes with concentrations in excess
of the pollutant concentrations in normal sewage. The surcharge will
be billed with other sewer rents to the owner.
A.
Each year as part of the annual Town budget process, the Town Board
will adopt a budget for the sewer district. That budget will separately
identify the capital and operation and maintenance costs for the district.
The budget will also identify any excess operating costs.
B.
A per unit benefit assessment charge will be established by dividing
the total capital costs in the annual budget by the total number of
benefit assessment units in the sewer district.
C.
Sewer rents will be established by dividing the total operation and
maintenance costs in the annual budget less those excess operation
and maintenance costs by the total number of EDUs in the sewer district.
D.
A surcharge will be established to fully compensate for the excess
operation and maintenance costs. Where the excess operation and maintenance
costs are attributable to more than one account, the surcharge for
each such account will be established by the Superintendent based
on the following factors:
E.
The total surcharge for all accounts will be equal to the excess
operation and maintenance costs.
The billing period shall be annual.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
A.
On a case-by-case basis, the Town Board shall have the authority
to impose a mitigation fee on new development, which:
B.
Such a fee may not be imposed to cover expansion costs absent a demonstration
that the fee is necessitated by the particular project (as opposed
to future growth) or a demonstration that the new project would be
primarily or disproportionately benefitted by the expansion.
C.
Whenever the Town Board imposes such a fee it shall set forth in
writing facts supporting its determination.
A.
Revenues derived from sewer rents shall be credited to a special
fund. Monies in this fund shall be used exclusively for the following
functions:
B.
Revenues derived from benefit assessments will be used exclusively
to the principal and interest on outstanding indebtedness incurred
on behalf of the sewer district.
The Town of Inlet shall maintain and keep proper books of records
and accounts for the POTW, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTW. The Town of Inlet will cause an annual audit
of such books of record and account for the preceding fiscal year
to be made by a recognized independent certified public accountant,
and will supply such audit report to authorized officials, and the
public, on request. In conjunction with the audit, there shall be
an annual review of the sewer charge system to determine if it is
adequate to meet expenditures for all programs for the coming year.
Classification of old and new industrial users should also be reviewed
annually.
The Town of Inlet shall maintain and carry insurance on all
physical properties of the sewer district. All moneys received for
losses under any such insurance policies shall be applied solely to
the replacement and restoration of the property damaged or destroyed.
