[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 12-3-2014 by L.L. No. 7-2014. Amendments noted where applicable.]
[Amended 12-5-2018 by L.L. No. 11-2018]
A.
The Town
Board finds that it is in the public interest to raise funds to operate,
maintain and repair the sanitary sewer system and, if deemed appropriate
by the Town Board and not prohibited by General Municipal Law § 453(3),
to expand such system through a sewer rent rather than by taxation
because a sewer rent more equitably distributes the cost since it
is a function of usage computed based upon water consumption and is
charged to all the users of the sanitary sewer system, including tax-exempt
properties.
B.
The sewer
rent law is intended to levy charges for sanitary sewer service based
upon a property's discharge of sewage into the sanitary sewer system.
The sewer rent law calls owners of real property that discharge sewage
into the sanitary sewer system "system users." The owners of real
property whose sewage is not discharged into the sanitary sewer system
(e.g., properties served by septic systems) are not "system users"
since the discharge therefrom does not enter the sanitary sewer system.
The owners of these properties are not subject to a sewer rent.
C.
There are
properties that do both. Certain consumers of water, such as golf
courses, have facilities, such as clubhouses and locker rooms, that
discharge sewage into the sanitary sewer system but also consume water
that is not returned as sewage to the sanitary sewer system, such
as water used to irrigate fairways or fill water hazards. This chapter
takes that distinction into consideration by imposing sewer rent for
the facilities that do discharge sewage into the sanitary system and
exempting from sewer rent the facilities that do not discharge sewage
into the sanitary system.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
The amount of money that the Town Board determines must be
collected in a given fiscal year in order to operate, maintain and
repair the sanitary sewer system and, if deemed appropriate by the
Town Board and not prohibited by General Municipal Law § 453(3),
to expand such system.
The conduits, drains, pipes, interceptors, laterals, mains,
pumps, trunk lines and the other appurtenances or facilities owned,
operated and maintained by the Town of Mamaroneck (whether located
within or outside the Town's municipal boundaries) that are used to
collect, treat and/or transport sewage.
Water-carried human or animal wastes, and any other waste,
whether or not it contains organic matter.
[Amended 1-21-2015 by L.L. No. 1-2015]
The Town of Mamaroneck Consolidated Sewer District as it
currently is constituted and as it may be expanded or contracted from
time to time.
The charges established from time to time by the Town Board
of the Town of Mamaroneck for discharging sewage into the sanitary
sewer system.
[Amended 12-5-2018 by L.L. No. 11-2018]
The fund into which the sewer rents are deposited.
The owners of real property, other than the Town of Mamaroneck,
its authorities or the Larchmont-Mamaroneck Joint Garbage Disposal
Commission, that discharge sewage into the sanitary sewer system,
whether such property is located within or outside the Town's municipal
boundaries.
[Amended 12-5-2018 by L.L. No. 11-2018]
The total volume of water delivered by water sources to a
property owned by a system user.
Any entity that delivers water to a property owned by a system
user.
The Westchester Joint Water Works.
A.
Annually, the Town Board, by resolution, shall set the rate per gallon
or per cubic foot, as the case may be, of water consumption to be
used in determining the sewer rent for the following fiscal year.
That rate shall be calculated by dividing the revenue by the water
consumption of all system users in the previous fiscal year. The resolution
establishing and imposing the sewer rent shall be adopted only after
a public hearing held upon five days' public notice or such other
period as may be mandated by General Municipal Law § 452(2)
or any statute that may replace it.
B.
A system user shall pay a sewer rent equal to the rate set pursuant to § 174-3A, multiplied by 90% of the system user's water consumption.
C.
Billing.
(1)
So long as WJWW is the billing agent for the sewer rent, the sewer
rent due from system users whose water source is WJWW shall be the
date on which those invoices sent to them by WJWW that contain a charge
for the sewer rent are due and payable. For all other system users
and if WJWW ceases to be the billing agent for the sewer rent, the
sewer rent shall be due and payable on the first day of February,
May, August and November of each year.
(2)
In the case of system users whose water source is WJWW, invoices
for sewer rent shall be sent to the address to which WJWW sends its
invoices for water usage. For all other system users and if WJWW ceases
to be the billing agent for the sewer rent, invoices for sewer rent
shall be sent to the same address that the Town sends bills for real
estate taxes to such system users.
(3)
The failure to receive a bill for the sewer rent shall not be grounds
for waiving penalties or interest imposed as the result of a late
payment.
D.
Any system user who maintains that such system user's sewer rent
should be reduced for any given year may make one application to the
Town Board for a reduction in that year's sewer rent.
[Amended 1-21-2015 by L.L. No. 1-2015; 5-19-2021 by L.L. No. 9-2021]
(1)
Such application must be in writing, must be made no later than March
31 of the following year, and be supported by evidence that proves
either:
(a)
That the system user's water consumption was less than the water
consumption that was used to calculate the system's user's sewer rent
for that year; or
(b)
That the amount of the system user's water consumption that actually
was discharged into the sanitary sewer system was less than the amount
of water consumption used to calculate the system user's sewer rent.
(2)
Failure to apply for a reduction in the sewer rent by the last date
on which such application can be made is an absolute bar to a reduction
in sewer rent for the year at issue.
E.
If the Town Board reduces a sewer rent pursuant to § 174-3D(2), that system user's sewer rent shall be recalculated based upon the portion of that system user's water consumption that actually was discharged into the sanitary sewer system and not 90% of that system user's water consumption.
[Added 1-21-2015 by L.L.
No. 1-2015]
F.
If a system user has installed water meters that exclusively measure
the volume of water being used for activities that do not result in
sewage being discharged into the sanitary sewer system, the system
user shall not be subject to sewer rent based upon the volume of water
measured by such meters. To be eligible for this exemption, a system
user must demonstrate to the satisfaction of the Town Engineer (or
other designated town official) that the water measured by such water
meters is being used solely for activities that do not result in sewage
being discharged into the sanitary sewer system. The exemption shall
last for three years but can be renewed for additional three-year
periods if on or before the date on which the then-current exemption
expires, the sewer user demonstrates to the satisfaction of the Town
Engineer (or other designated town official) that the water measured
by such water meters is still being used solely for activities that
do not result in sewage being discharged into the sanitary sewer system.
The Town Engineer (or other designated Town official) shall maintain
a record of the date on which each exemption is granted or renewed.
The failure of a system user that has been granted an exemption to
renew that exemption prior to its expiration date shall subject that
user to a sewer rent for the water consumed between the expiration
date and the date upon which a renewal is granted even though had
the exemption been renewed prior to its expiration date, the system
user would not have been subject to a sewer rent for the consumption
of such water. The failure of the Town Engineer (or other designated
Town official) to maintain a record of the date on which an exemption
is granted or renewed shall not be a defense to the imposition of
a sewer rent under the circumstances described in the preceding sentence.
[Added 12-5-2018 by L.L. No. 11-2018]
A.
A penalty of 1% of the amount shown as due for sewer rent on an invoice
shall be charged for any payment of sewer rent that is made after
the date on which it is due and payable. An additional penalty of
1% shall be added to the amount shown as due for sewer rent on an
invoice for the sewer rent for each calendar month starting with the
first calendar month after the date on which such invoice was due
and payable.
B.
Sewer rents imposed upon real property owned by a sewer user shall
constitute a lien upon that real property or such part or parts thereof
for which sewer rents shall have been established and imposed. The
lien shall be prior and superior to every other lien or claim except
the lien of an existing tax, assessment or other lawful charge imposed
by or for the state or a political subdivision or district thereof.
C.
The Town Board, acting on behalf of a sewer district may bring and
maintain an action as upon contract for sewer rents in arrears, including
penalties and interest, or to foreclose liens for such sewer rents.
As an alternative to such action, the Town Board may cause a statement
to be prepared annually setting forth the amount of the sewer rents
in arrears, including penalties and interest, the real property affected
thereby and the name of the person in whose name such real property
is assessed. The Town Board shall levy the amounts contained in such
statement against the real property liable at the same time and in
the same manner as Town taxes, and such amounts shall be set forth
in a separate column in the annual tax rolls. The amounts so levied
shall be collected and enforced in the same manner and at the same
time as may be provided by law for the collection and enforcement
of Town taxes. The failure of the Town Board to follow the alternative
enforcement mechanism described in the preceding sentence in any given
year shall not preclude it from following that procedure in other
years.
A.
The sewer rents, including penalties and interest, shall be credited
to a special fund, to be known as the "sewer rent fund."
B.
As mandated by General Municipal Law § 453, moneys in such
fund shall be used in the following order:
(1)
For the payment of the costs of operation, maintenance and repairs
of the sanitary sewer system or such part or parts thereof for which
sewer rents have been established and imposed.
(2)
For the payment of the interest on and amortization of, or payment
of, indebtedness which has been or shall be incurred for the construction
of the sanitary sewer system or such part or parts thereof for which
sewer rents have been established and imposed (other than indebtedness,
and the interest thereon, which is to be paid in the first instance
from assessments upon benefited real property).
(3)
For the construction of sewage treatment and disposal works with
necessary appurtenances including pumping stations or for the extension,
enlargement, or replacement of, or additions to, the sanitary sewer
system, or parts or parts thereof.
C.
As mandated by General Municipal Law § 453, sewer rents
shall not be used to finance the cost of any extension of any part
of the sanitary sewer system (other than any sewage treatment and
disposal works with necessary appurtenances including pumping stations)
to serve areas not currently served by sewers if such part has been
constructed wholly or partly at the expense of real property especially
benefited or for the payment of the interest on, and the amortization
of, or payment of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property.
Notwithstanding the effective date of the local law adding this
chapter to the Code of the Town of Mamaroneck, the initial sewer rents
shall be imposed starting on October 1, 2015.
