[Added 7-27-1995 by L.L. No. 5-1995]
Pursuant to Article 14-F of the General Municipal Law, entitled "Sewer Rent Law," there are hereby established and imposed sewer rents as a means of producing revenue for the sewer system of the Gananda Sewer District.
As used in Article 14-F, unless the context or subject material otherwise requires, the following terms shall mean and include:
- ONE THOUSAND GALLONS
- The quantity or unit used in calculating water consumption.
- ONE-TIME NEW LAWN CREDIT
- A one-time credit, offered to a qualified owner of a newly constructed unit (subsequent to the issuance of a certificate of occupancy), of up to 50,000 gallons in excess of the minimum annual usage for the establishment of an initially planted lawn. The qualified owner will be billed for a minimum of 64,000 gallons annually, and if the owner's consumption during the first four billing periods following the issuance of a certificate of occupancy exceeds 64,000 gallons, the owner shall receive, if he exercises his right to receive a one-time credit, a credit of up to 50,000 gallons in excess of the 64,000 gallons. The one-time new lawn credit shall only be available to a qualified owner who constructs a new lawn subsequent to January 1, 1994.
- ONE-TIME SWIMMING POOL CREDIT
- A one-time credit, offered to a qualified swimming pool owner of a newly constructed swimming pool. The credit shall be an amount equivalent to the number of gallons required to fill the pool times the sewer rate as determined by the Building Inspector of the Town. The one-time swimming pool credit shall be available to a qualified swimming pool owner who obtains a building permit to construct a swimming pool subsequent to April 1, 1995.
- QUALIFIED OWNER
- A unit owner, including the owner of a single living, commercial or industrial unit who:
- QUALIFIED SWIMMING POOL OWNERS
- A unit owner, including the owner of a residential unit within a Town sewer district who:
- SEWER RENTS
- A scale of annual charges established or imposed in the Town of Macedon for service available by the sewer system or any part or parts thereof.
- A single living, commercial or industrial unit even though the unit is located within a structure with other units. A single unit is space which includes the necessary amenities and facilities for the operation of the unit, except for structural parts of the building. For example, a living unit would be one or more rooms plus bath and cooking facilities dedicated for use of that unit. A commercial or industrial unit would be the space for the commercial use, plus necessary accessory uses which are not part of the common area. The unit need not have a separate water meter. Common areas may also be a separate sewer unit.
- WATER CONSUMPTION
- The amount of municipally supplied water consumed as recorded by the water meter measuring water consumed on the premises.
In order to equitably compute the amount of sewer rents to be charged to each unit connected with and served by the sewer system or any part or parts thereof, the following schedule of chargeable units is hereby established.
All units, as hereinabove defined, discharging domestic equivalent waste shall be billed as follows:
If the unit is on a separate water meter, the sewer rent shall be based on the water consumption as recorded by the water meter for that unit, except as herein set forth.
If the unit does not have a separate water meter, the sewer rent shall be based on the percentage of the water consumption as recorded on the water meter serving the property in the same proportion as that unit relates to the total number of units served by the single water meter (a separate bill will not be issued for each unit). The sewer rent for a unit not served by a separate water meter will be included on the water bill for the property which includes the unit.
If the unit is on the approved public water supply and has a missing water meter or there is a malfunction of a water meter, the sewer rent shall be based upon the average water consumption of a similar unit within the Town of Gananda Sewer District, as may be determined by the department of the Town rendering the bill.
If a unit is on an auxiliary supply, the sewer rent shall be based on the minimum charge as provided in § 235-149A of this article.
There may be special large users of water where the water does not eventually enter the wastewater treatment facilities. In those few cases, the Town Board shall by resolution determine the amount of water to be consumed by unit which does not enter the wastewater treatment system.
Subsequent to a certificate of occupancy being issued for a newly constructed unit, a qualified owner may register, at any time within the first four billing periods subsequent to the issuance of the certificate of occupancy, for a one-time new lawn credit, by filing with the Town a certificate requesting the one-time new lawn credit, and, upon filing such certificate, the credit shall be applied to subsequent bills until exhausted, even if such bills are for the minimum charge. The certificate for a one-time new lawn credit shall be issued by the Town on its form, immediately subsequent to the issuance of a certificate of occupancy, and said certificate shall contain an expiration date. If the certificate for a one-time new lawn credit is not filed with the Town by the qualified owner of a unit on or before the expiration date, the qualified owner's right to register for a one-time new lawn credit will expire.
Subsequent to the construction of a new swimming pool and the issuance by the Town Building Inspector of a certificate of compliance, a qualified swimming pool owner shall receive with the certificate of compliance a one-time swimming pool credit voucher. The unit owner shall have 90 days from the date of the voucher to deliver the voucher to the Town Clerk, who shall apply the one-time swimming pool credit on the next sewer bill, billed to the unit owner.
For those units discharging extra-strength waste, there shall be an additional charge made in addition to a charge as set forth above for the unit. The extra-strength waste charge shall be based upon the strength of the wastes. No unit may discharge extra-strength waste into the sewer system without a special agreement. Each agreement shall be approved by the Town Board and in general follow the Monroe Plan for determining the costs of such extra-strength waste.
Every property owner or occupant shall notify the Building Inspector, in writing, within 30 days of any change of status of property that requires a change in the number of units or fraction thereof to be used in determining the amount of sewer rents to be charged. The Building Inspector shall report any and all changes of status to the Town Board. Failure to notify shall be a violation of this article.
The Superintendent or other authorized representative of the Town shall have the right of access at any reasonable time to any premises served by the sewer system for the purposes of inspection in order to carry out the provisions of this article in an equitable manner.
Amount. The owner of each unit shall pay a minimum quarterly charge of $73.50, collected in the manner prescribed in Subsection B herein. In the event that a unit's quarterly water consumption exceeds 16,000 gallons, the owner of said unit shall pay an additional $4.58 for each additional 1,000 gallons of water consumed or part thereof during said quarter. This provision shall remain in effect until otherwise amended or superseded by local law, duly passed by the Town Board, pursuant to General Municipal Law § 452.
[Amended 2-13-1997 by L.L. No. 1-1997; 9-25-2014 by L.L. No. 3-2014; 1-14-2016 by L.L. No. 2-2016]
Period of collection.
The initial sewer use rental shall commence and be payable within 90 days after the public sewer facilities become available to the premises or the date on which the premises are connected to the sewer, whichever occurs first. The sewer use rental shall commence for premises which are constructed in areas where public sewer facilities are available when the certificate of occupancy is granted and shall be payable with the next water bill rendered to the premises.
The sewer use rental will be billed and is payable with the water bill four times a year on the first day of January, April, July and October, in each year. The failure to pay a sewer use rental bill (as part of the water bill or within 30 days of the date of the bill on the premises) shall be subject to a late charge.
The same interest and late charges shall be imposed on sewer use rents that are payable with the Town and county tax as are imposed on the real property taxes on the same tax bill.
If the sewer use rent is not paid as a part of the real property tax bill, then it must be paid within 30 days of the due date. If the sewer use rent is not paid within 30 days of the due date, then a late penalty of 10% shall be added to the sewer use rent charged. For each month thereafter, an interest charge of 1% per month shall be added to the sewer use charge until paid. Any sewer use rent overdue for 30 days or more, together with interest and penalties, shall be added to the next Town and county real property tax bill. Such charges shall be a lien on the real property.
In addition to the charges provided herein, each user which discharges pollutants to the sewer system that causes an increase in the cost of managing the effluent or sludge from the treatment works shall pay for the increased cost by an additional annual charge.
Each user class shall pay its proportionate share of operation, maintenance and replacement costs of the treatment facility based upon that user class contribution in proportion to the total wastewater loading from all user classes.
The cost for operation and maintenance for all flows not directly attributable to a use or a class of users shall be distributed in the same manner that costs are distributed for actual use.
Annual notification. Each user shall be notified at least once each year, at the time of a regular billing, of the rate that is charged and the percentage of the user charge attributable to wastewater treatment service.
User charge system takes precedence. The user charge system shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the user charge system.
Establishment of financial system. The Town sewer district shall establish an adequate financial system to accurately account for revenues generated by the system and expenditures for operation, maintenance, debt service and replacement of the treatment system.
Upgrade charge. In addition to the sewer rent amounts set forth in Subsection A of this section, the owner of each unit shall be charged an additional quarterly flat fee of $7.50, to finance anticipated upgrades to the Gananda Sewer System. This provision shall remain in effect until amended or superseded by local law, duly passed by the Town Board, pursuant to General Municipal Law § 452.
[Added 9-25-2014 by L.L. No. 3-2014]
[Amended 5-25-2006 by L.L. No. 5-2006]
Each new sewer connection shall be inspected, and there shall be a fee.
Each new sewer connection shall pay a one-time construction charge for each such connection.
The fees in this section shall be established by the Macedon Town Board from time to time by resolution of the Town Board and shall be payable at the time the building permit is granted.
All unpaid delinquent sewer rent charges and penalties shall constitute a first lien on the real property served by the sewer system, and, on the first day of November of each year, the Supervisor shall present to the Town Board a statement setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose names the 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 levied 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 Town reserves the right to change the basis for determining sewer use charges. The determination of the property owner's classification as industrial or domestic shall be as determined by the Town.
The Town reserves the right, from time to time, to change sewer use charges originally or previously assigned.
The Town may require additional charges and/or penalties from a user to cover the added cost of handling and treating special waters.
Revenues derived from sewer rents shall be credited to a special fund to be known as the "Sewer Fund." Moneys in such fund shall be used only in the manner and for the purposes specified and in the order required by the Sewer Rent Law of the State of New York.
Editor's Note: See Article 14-F of the General Municipal Law.