A. 
New or expanded connections.
(1) 
The wastewater treatment plant was designed to handle the wastewater flow from the Kent Manor development and the municipal sewer system. As a result, as new development occurs or as uses of existing parcels are modified there will be a need for controlling flow to the wastewater treatment plant. The treatment capacity at the sewage treatment plant is a valuable asset to be used for the betterment of the community. In this article of the Sewer Use Law, the procedure that the Town Board will utilize to make decisions on the allocation of the remaining sewage treatment capacity is set forth. Applicants for new sewer connections and/or existing users making modifications to their improvements that result in significant additional wastewater flow need to obtain an allocation of sewer capacity from Town Board under this article.
(2) 
If unchecked growth were to occur within the sewer district, the capacity of the wastewater treatment plant would be exceeded. In addition, over time, the wastewater treatment plant will need to replace equipment and the replacement cost of that equipment may not be covered by the annual operation and maintenance budget. As a result, the sewer district needs to develop a capital fund that can be used for the periodic replacement of equipment and any necessary expansions. In order to equitably allocate such costs to the new users or expanded users, this article imposes a surcharge on new connection and/or expansion of existing connection which approximates the cost to the sewer district to replace the capacity absorbed by the new or expanded user.
B. 
Criteria for connection.
(1) 
Each new connection to the sewer collection system or expansion from an existing connection from a parcel within the sewer district will require an approval of the Town Board. The Town Board will issue a decision whether or not to issue an approval based upon the following criteria:
(a) 
The remaining unallocated capacity of the waste water treatment plant;
(b) 
The type, density, and size of the nonhousehold development and the services provided by it to the community, and its consistency with the overall Master Plan and/or Comprehensive Plan;
(c) 
The competing demands for sewer service and the community's needs for other services;
(d) 
The timing of the submission;
(e) 
Economic impact on the community infrastructure including parking, schools, road improvements and safety;
(f) 
The sewer capacity, if any, allocated to said parcel in Appendix C[1] under the column heading "Allotted Flow"; and
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(g) 
Any contractual obligations relating to sewer capacity allocation.
(2) 
If an existing connection is making a physical modification to its facility which will require site plan review, it must appear before the Town Board for determination on whether the allocated flow capacity is sufficient. At that time, the existing connection will identify its current flow and its projected flow similar to the flow projections provided in Appendix C.[2] The Board will have to make a determination on whether allocated flow is sufficient for the property in accordance with the criteria set forth above. If an applicant exceeds the allocated GPD, the applicant will be surcharged for the additional flow in accordance with this article. The surcharge will be a capital surcharge and not used for annual operation and maintenance.
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
C. 
Calculation of unallocated capacity. The Town will maintain a schedule or log showing the unallocated capacity. For purposes of this calculation only, the Town Board will consider as unallocated capacity the difference between the thirty-day average permitted flow and the maximum actual thirty-day average flow that occurred within the past 12 months plus any capacity specifically allocated pursuant to this article of the Sewer Use Ordinance to new or expanded users that have not commenced the new or expanded discharge. Unless otherwise specifically stated herein, nothing in this article requires the Town Board to allocate sewer capacity in accordance with Appendix C.[3] In evaluating and making the decision regarding the flow capacity to be assigned to a potential new or expanded user, the Town Board, in its discretion, shall consider, to the extent appropriate and relevant, the design flow allocations published by the New York State Department of Environmental Conservation for new sewage treatment plants, the actual measured flow for the particular use and the actual measured flow for similar uses within the community.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
D. 
Planning Board site plan approval or subdivision approval.
(1) 
Prior to issuing any subdivision approval and/or site plan approval to a parcel within the sewer district and/or prior to issuing a building permit to a parcel within the sewer district, the development of which in accordance with the approval would result in an increase in sewage discharge or a new connection, the Planning Board and/or the Code Enforcement Officer shall refer the applicant/property owner to the Town Board for a sewer collection allocation in accordance with this article. The Town Board's issuance and/or denial of a sewer allocation is not intended to be proof of or support for or against an application before the Planning Board; it shall, however, be evidence as to whether the proposed project needs to make alternative arrangements for sewage disposal.
(2) 
New connections associated with the development of parcels undeveloped at the time of adoption of this chapter are required to submit an analysis of pre- and post-development phosphorus in the parcel's stormwater runoff. The development shall be designed such that the post-development phosphorus load can not exceed the predevelopment load.
E. 
State Environmental Quality Review Act. For purposes of compliance with the State Environmental Quality Review Act, Environmental Conservation Law, Article 8, as authorized under 6 NYCRR 617.5(b), the Town Board's approval and/or denial of a sewer allocation under this article to a parcel within the sewer district is a Type 2 action under SEQRA. (Note that the construction and operation of the sewage collection system and treatment plant were fully addressed in a SEQRA process and an allocation approval or disapproval is not to be construed as or evidence of Town Board approval of the project; said project must still obtain whatever approvals are required as a matter of law.)
F. 
Procedure. The Town Board shall issue its decision within 60 days of the submission of a complete application. At its own discretion, the Town Board may extend review period beyond 60 days in order to obtain more information regarding the criteria set forth above. The Town Board, in its discretion, may conduct a public hearing prior to making a determination. In all cases, the applicant shall have the right to appear at the Town Board meeting and/or hearing (if held) to present his/her case.
G. 
Application fee. There is an application fee in an amount set by resolution of the Town Board per application. The fee is due with the submission of the application and is nonrefundable. In addition to the application fee, the Town Board reserves the right to charge the applicant for any out-of-pocket costs actually incurred by the Town Board or the sewer district in retaining consultants to evaluate the application relative to the criteria set forth above.
[Amended 3-7-2017 by L.L. No. 2-2017]
H. 
Conditions. The Town Board may condition an allocated GPD to contain one or more of the following conditions:
(1) 
Equalization installed on the parcel at the rate of 1 1/2 the allocated GPD or at such other amount as determined by the Town Board, at the cost of the owner;
(2) 
Equalization is discharged only during off-peak hours or as directed by the person designated by the Town Board;
(3) 
Water saving measures;
(4) 
Seasonal use limitations;
(5) 
Such other conditions as the Town Board deems as reasonable and necessary to protect and preserve the capacity of the sewage treatment;
(6) 
Providing monthly monitoring of flow and/or other parameters;
(7) 
An expiration date for the allocation by which the discharge must commence (or the allocation will expire) regardless of any previously paid sewer connection; and/or
(8) 
Wastewater pretreatment.
A. 
Sewer connection fee. Each new connection to the sewer collection system or expansion from an existing connection from a parcel within the sewer district requiring an approval of the Town Board pursuant to § 61-78B above will pay a sewer connection fee in an amount as set forth by resolution of the Town Board.
[Amended 3-7-2017 by L.L. No. 2-2017]
B. 
In order for an existing property to obtain the benefits of Subsection A(1) above, said building must connect to the sewer system within three months from being authorized to make a connection.
The sewer connection fees and surcharges shall be deposited in a capital account that could be accessed by the sewer district to repair, upgrade and/or expand the wastewater treatment plant and the sewer collection system or for such other purposes allowed under law. The dollar charge per EDU may be modified from time to time by resolution of the Town Board as necessary to ensure adequate funding is available for the long-term capital needs of the sewer district.
Sewer connection fee: Except as noted below, the sewer connection fee for a connection shall be payable at or prior to the issuance of any building permit for the structure to be serviced by the sewer system. An allocated GPD issued pursuant to § 61-78B above will, if the connection has not occurred, expire within 24 months from the date of issuance unless the sewer connection fee is paid prior to expiration of the initial twenty-four-month period.
The meaning of the terms used in this article shall be as set forth below:
ALLOCATED GPD
The thirty-day average gallons per day assigned to that tax parcel in accordance with Appendix C.[1]
EDU
Water usage proportional to that equivalent sewage usage for a typical single-family residence within the designated service area. One EDU is 223 gallons of water use per day for a thirty-day average.
GPD
The thirty-day average gallons per day discharged to the sewer collection system.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
For connections outside of the sewer district, an additional charge will be required to compensate the sewer district for its embedded costs. The additional charge will be determined by the Town Board at the time that a petition is submitted for the extension of the sewer district or to connect to the sewer collection system. The purpose of the additional surcharge is to compensate the sewer district for the value of its sewage treatment plant and collection system which will now be shared with properties outside the sewer district. Any sewer connection for a parcel outside the sewer district to which the Town Board allows to contribute flows is subject to the rules set forth in Article XII, although all allocated GPD will be subject to the connection fee.