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-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:
A.
Owns property containing a lawn that is now owned in common
with any other property owner; or
B.
Leases the unit and has the sole obligation to maintain the
lawn on the premises where the unit is located.
QUALIFIED SWIMMING POOL OWNERS
A unit owner, including the owner of a residential unit within
a Town sewer district who:
A.
Owns a swimming pool; and
B.
Applies on a form provided by the Town, upon issuing of building
permit, for a one-time swimming pool credit.
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.
UNIT
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.
A. All units, as hereinabove defined, discharging domestic equivalent
waste shall be billed as follows:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B. 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.
[Amended 5-25-2006 by L.L. No. 5-2006]
A. Each new sewer connection shall be inspected, and there shall be
a fee.
B. Each new sewer connection shall pay a one-time construction charge
for each such connection.
C. 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.
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.