[Adopted 4-17-1989 by L.L. No. 1-1989]
A.
This article shall be known and may be cited as the "Sewage Connection
Fee Law."
B.
The Board of Trustees of the Village of Castleton-on-Hudson has the
authority to adopt this article pursuant to §§ 10 and
11 of the Municipal Home Rule Law of the State of New York.
C.
This article shall apply to the jurisdiction of the Village of Castleton-on-Hudson
and those developments within the Town of Schodack seeking to utilize
the sewage treatment plant located within the Village of Castleton-on-Hudson.
A.
The Board of Trustees of the Village of Castleton-on-Hudson makes
the following findings and conclusions:
(1)
Projections indicate that the population of both the Village of Castleton-on-Hudson
and those developments within the Town of Schodack seeking to utilize
the sewage treatment plant will increase substantially during the
next 20 years.
(2)
The increase in population and the incident increase in domestic
sewage discharge will directly and adversely impact the existing sewage
treatment plant and gravity line network located within the Village
of Castleton-on-Hudson.
(3)
In order to accommodate this impact, the sewage treatment plant and
gravity line network will have to be expanded.
(4)
The existing sewage treatment plant and gravity line network is not
sufficient to accommodate anticipated new development within the Village
of Castleton-on-Hudson and those developments within the Town of Schodack
seeking to utilize the sewage treatment plant.
(5)
Existing revenue sources are not sufficient to fund capital improvements
to the sewage treatment plant necessary to accommodate new development.
(6)
New development should contribute its fair share of the costs of
providing capital improvements to the sewage treatment plant necessary
to accommodate said new development.
(7)
The fee formula is not established at a rate to correct any existing
deficiencies.
(8)
The impact fee formula proposed establishes a fair and conservative
method of assessing new development its fair share costs of funding
capital improvements to both the sewage treatment plant and those
sewer lines entering the sewage treatment plant.
(9)
The fee will not fully pay for the costs of capital improvements
to the sewage treatment plant necessary for new development, and the
Village of Castleton-on-Hudson recognizes that the shortfall will
have to come from other revenue sources.
(10)
Increasing the capacity of the sewage treatment plant in order
to make it more efficient is a recognized responsibility of government
and is in the best interest of the public health, safety, welfare
and environment.
B.
The purpose of this article is to assure that development bears a
proportionate share of the cost of capital expenditures necessary
to provide increased plant capacity required to mitigate the impacts
of new growth in the Village of Castleton-on-Hudson and those developments
within the Town of Schodack seeking to utilize the sewage treatment
plant.
A.
The provisions of this article shall be liberally construed so as
to effectively carry out its purpose in the interest of the public
health, safety, welfare and environment.
B.
For the purposes of administration and enforcement, unless otherwise
stated, the following rules of construction shall apply to the text
of this article:
(1)
In case of any difference or meaning or implication between the text
of this article and any caption, illustration, summary table or illustrative
table, the text shall control.
(2)
The word "shall" is always mandatory and not discretionary; the word
"may" is permissive.
(3)
Words used in the present tense shall include the future, and words
used in the singular number shall include the plural and the plural
the singular, unless the context clearly indicates the contrary.
(4)
The phrase "used for" includes "arranged for," "designed for," "maintained
for" or "occupied for."
(5)
The word "person" includes an individual, a corporation, a partnership,
an unincorporated association or any other similar entity.
(6)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or" or "either . . . or" the conjunction
shall be interpreted as follows:
(a)
"And" indicates that all the connected terms, conditions, provisions
or events shall apply.
(b)
"Or" indicates that the connected items, conditions, provisions
or events may apply singly or in any combination.
(c)
"Either . . . or" indicates that the connected items, conditions
or events shall apply singly but not in combination.
(7)
The word "includes" shall not limit a term to the specific example
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
(8)
"Building permit" means a building or foundation permit.
(9)
Where "s.f." or "square feet" is used, it shall refer to gross square
feet, the sum of enclosed areas on all floors of a building or buildings
measured from the outside halls, lobbies, arcades, stairways, elevator
shafts, enclosed porches and balconies and any below-grade floor areas
used for access and storage.
As used in this article, the following terms shall have the
meanings indicated:
Includes preliminary engineering, engineering design studies,
land surveys, right-of-way acquisition, engineering, permitting and
construction of all the necessary features for increasing the capacity
of the sewage treatment plant, including, but not limited to:
A change in the operational mode of said plant from extended
aeration to contact stabilization.
A person commencing a land development activity which generates
domestic sewage discharge from a residential or commercial dwelling
and which requires the issuance of a building permit from that municipality
in which the real property is located.
Capital improvements for direct access improvements to the
development in question. Direct access improvements include, but are
not limited to, the following:
A.
Any person who, after the effective date of this article, seeks to
develop land by submitting a complete application and paying the fee
for the issuance of a building permit to make an improvement to land
or change the use of land which will generate additional sanitary
sewage discharge shall be required to pay a sewage connection fee
in the manner and amount set forth in this article.
[Amended 10-27-1997 by L.L. No. 6-1997]
The amount of the fee may be determined as follows: The fees
will be in a reasonable amount to be determined by the Board of Trustees
of the Village after additional input by the Rensselaer County Water
and Sewer Authority or other appropriate entity.
A.
The person applying for the issuance of a connection permit shall
pay the sewage treatment fee to the Village at the time of issuance
of the connection permit.
A.
The following shall be exempt from payment of the sewage connection
fee:
(1)
Alterations to an existing structure where no additional units are
created, the use is not changed, and where no additional sanitary
sewage will be discharged over and above that produced by the existing
use.
(2)
The replacement of a building or structure with a new building or
structure, provided that no additional sanitary sewage will be discharged
over and above those produced by the use of the land on the effective
date of this article.
B.
Credits. No credit shall be given for site related improvements.
