The purpose of this article shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the sewage treatment system and the repayment of the financing obligations for the capital cost of the establishment and construction of the treatment system.
[HISTORY: Adopted by the Town Board of the Town of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2007 by L.L. No. 4-2007]
A.
The Town Board shall annually determine the total cost of the operation and maintenance of the sewage treatment system necessary to maintain the capacity and performance for which such system was designed and constructed. The total annual cost of operation and maintenance shall include, but not be limited to, labor, repairs, equipment, replacement maintenance, necessary modifications, utilities, sampling, laboratory tests, and a reasonable contingency fund.
B.
The Town Board shall also annually determine the annual cost of the amortization of both principal and interest of the financing of the capital costs of the construction of the sewage treatment facility, and all modifications and extensions thereof, together with a reasonable contingency fund.
[Amended 3-9-2021 by L.L. No. 1-2021]
A.
The annual sewer use charge comprised of operation and maintenance cost as provided for under § 188-2A above, and financing costs as provided for under§ 188-2B above, shall be based upon the number of equivalent dwelling units (EDUs) usage for each parcel connected to or entitled to be connected to the sewer district system, as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Type of Usage | EDUs | Unit |
|---|---|---|
1-family residence (1 to 3 bedrooms) | 1 | Per residence |
Additional bedrooms over usage type allowance | 0.25 | Per bedroom |
2-family residence (1 to 3 bedrooms per unit) | 2 | Per residence |
Additional bedrooms over usage type allowance | 0.25 | Per bedroom |
3-family residence (1 to 3 bedrooms per unit) | 3 | Per residence |
Additional bedrooms over usage type allowance | 0.25 | Per bedroom |
Apartments (1 to 2 bedrooms) | 0.75 | Per apartment |
Studio apartments | 0.5 | Per studio apartment |
Office | 1 | Per business |
Retail | 1 | Per business |
Bank | 1 | Per business |
Automotive repair | 1 | Per business |
Gas station, convenience store/mini mart | 1 | Per business |
Gas station, convenience store/mini mart with food service with up to 12 seats | 1 | Additional per business |
Grease trap cleanout charge | 1.5 | Per business |
Commercial uses not included elsewhere in this schedule with up to 20 employees | 1 | Per business |
Additional employees over usage type allowance | 0.5 | 0.5 for up to additional 10 employees |
Small commercial use without bathroom | 0.5 | Per business |
Hairdresser, salon, spa, barbershop (up to 3 stations) | 1 | Per business |
Additional chairs, stations over usage type allowance | 0.25 | Per chair, station |
Doctor, dentist office | 1 | Per doctor, dentist |
Restaurant, diner, cafe, bar bakery (up to 12 seats) | 1 | Per establishment |
Additional seats over usage type allowance | 0.5 | For up to additional 6 seats |
Grease trap cleanout charge | 1.5 | Per year |
Hotel, motel, inn (up to 4 rooms) | 1 | Per establishment |
Additional rooms over usage type allowance | 1 | For up to 4 additional rooms |
Supermarkets (up to 3,500 square feet) | 1 | Per business |
Additional square footage over usage type allowance | 1 | For up to 3,500 additional square feet |
Vacant land, parking lot, storage lot | 1 | Per parcel |
B.
The Hillsdale Town Board will determine appropriate EDUs to be charged for any use not listed or conforming to the usage types listed above.
A.
The Town Board hereby determines that parcels of vacant land located within the district are specifically benefitted by the existence of the sewage district facilities, including the ability to connect such vacant land properties to the treatment system in the future.
B.
Therefore, there is hereby established as a charge upon such benefitted vacant land a special benefit assessment to defray the cost of the financing of the improvements of the sewage treatment system, which is determined to be equivalent compensation for the enhanced value derived from the sewage treatment system.
A.
The sewer use/benefit charge shall be billed quarterly on January 1, April 1, July 1, and October 1 of each year.
B.
All sewer use bills shall be due and payable on presentation. If not paid within 30 days of presentation, a penalty of 10% per annum shall be added to said bill.
C.
The Town Supervisor shall file, prior to the time for completion of the annual Town tax levy, a certificate of all unpaid sewer use/benefit charges, together with a statement as to the property on which the same were incurred, with the Town Board, which shall, in preparation of the next annual tax levy, levy these said amounts upon such property, and the same shall be levied and collected and enforced in the same manner, by the same proceedings, at the same time, with the same penalties and having the same lean upon the property assessed as the general Town tax and as a part thereof.
The Hillsdale Town Board, or its duly authorized representative, shall have the right to periodically inspect all parcels in the district, and shall have access to such parcels (including the buildings and improvements thereon) for the purpose of verifying the type of usage occurring on the parcel and the correctness of the EDU charge for such parcel usage. Such inspection shall also occur upon:
The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge or effluent of the sewage treatment system, or to injure or interfere with the sewage treatment process, or to constitute a hazard in or have an adverse affect on the property or waters receiving any discharge from the sewage treatment facility is hereby prohibited.
This article shall take effect immediately.
[Adopted 4-17-2007 by L.L. No. 5-2007]
The purpose of this article is as follows:
A.
To prohibit excessive volumes and/or inordinate rates of flow of sewage and waste into the sewage treatment system of the Town of Hillsdale Sewer District No. 1.
B.
To prohibit the contribution of sewage, industrial waste, or other wastes of a flammable nature or which create in any way a poisonous or hazardous environment for the sewage system operation personal.
C.
To prohibit the contribution of sewage, industrial waste, or other waste which may cause maintenance difficulties in the lateral and trunk sewers, force mains, pumping stations and other structures and appurtenances of the sewage treatment system.
D.
To prohibit the contribution of sewage, industrial waste, or other waste which require, for treatment at the sewage treatment facility, greater expenditures than are required for equal volumes of normal sewage.
E.
To require the treatment, before introduction into the district sewer lines, of such wastes as may otherwise impair the strength and/or durability of the structures appurtenant to the sewage system, by direct or indirect chemical action, or interfere with normal treatment processes.
F.
To protect the public health and prevent nuisances.
A.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner, on public or private property within the boundaries of the Town of Hillsdale Sewer District No. 1, or in any area under the jurisdiction of the Town of Hillsdale, any human or animal excrement, garbage, or other objectionable waste.
B.
It shall be unlawful to discharge any natural outlet within boundaries of the Town of Hillsdale Sewer District No. 1 any sewage or other polluted waste, except where suitable treatment has been provided in accordance with the subsequent provisions of this article.
C.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage in the boundaries of Sewer District No. 1 of the Town of Hillsdale.
D.
The owners of all houses, buildings, or property used for human occupancy, employment, recreation or other purposes, situate within the boundaries of Sewer District No. 1 abutting on any street, ally, or right-of-way in which there is now located or may in the future be located, a public sanitary sewer of said district, are hereby required at their expense to install civil toilet facilities therein and to connect such facilities directly with the public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said public sewer is within 150 feet of the property line.
A.
Where a public sanitary sewer is not available under the provisions of § 188-10D above, the building's sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B.
Before commencement of construction of a private sewage disposal system or the issuance of a building permit, the owner shall first obtain a written permit from the Columbia County Health Department. The application for such permit shall be made on a form furnished by the Columbia County Health Department and may be supplemented by any plans, specifications, and other information as are deemed necessary by the Columbia County Health Department.
C.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Columbia County Health Department. The applicant shall notify the Columbia County Health Department when the work is ready for final inspection and before any underground portions are covered.
D.
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to the property served by a private sewage disposal system, a direct connection shall be made to the public sewer within 90 days in compliance with this article. Any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned of sludge, and filled with clean fill by the owner at no expense to the district.
F.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the district.
G.
No statement contained in this section shall be construed to interfere with additional requirements that may be imposed by the Columbia Count Health Department.
A.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town.
B.
The owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Town. A permit and inspection fee as set forth from time to time by the Town Board shall be paid to the Town at the time the application is filed.
C.
All costs and expenses incident to the installation and connection of the building to the sewer shall be borne by the owner. The owner shall indemnify the district from any loss or damage and may directly or indirectly be occasioned by the installation of the building sewer.
D.
The size, slope, alignment, and materials of construction of a building sewer and the methods to be used in excavating, installing, placing of pipe, joining, testing, and backfilling shall conform to the State Building and Plumbing Code, or such applicable rules and regulations applicable in the district.
E.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or of groundwater to a building sewer or building drain which in turn is connection directly to a public sanitary sewer.
F.
The applicant for the building sewer permit shall notify the Building Inspector when the building sewer is ready for inspection in connection to the public sewer. Connection shall be made under the supervision of the Building Inspector or his representative.
G.
All excavations for building sewer installations shall be adequately sheeted and guarded and barricade lights installed so as to protect the public from hazard. Streets, sidewalks, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage system of the Town of Hillsdale Sewer District No. 1. Any person violating this provision shall be subject to immediate arrest under charge of criminal tampering.
A.
The Town Building Inspector, representatives of the New York State Department of Environmental Conservation and the United States Environmental Protection Agency or other duly authorized employees of the Town and/or county bearing proper credentials and identification shall be permitted to enter all property for the purpose of inspection, observation, measurements, sampling, and testing quality and quantity of waste discharged into the sewers or facilities or waste treatment in accordance with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Refusal to permit the entry upon private land required to perform the necessary work referred to in Subsection A above shall be punishable by such penalties as prescribed hereafter.
C.
The Building Inspector, representatives of the New York State Department of Environmental Conservation or the United States Environmental Protection Agency or other duly authorized employees of the Town or county bearing proper credentials and identification shall be permitted to enter all private properties through which the district holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurements, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
D.
The district is authorized to issue an order to cease and desist and direct those persons not complying with the provisions of this article to:
A.
A violation of the provisions of this article shall constitute an offense; each such violation may be punished by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Each day of continuing violation shall be subject to a separate fine, imprisonment, or both.
B.
Any violation of this article causes expense to the district, such violation may also be punished by a civil suit against the violator, brought in the name of the Town, in Town Court, or other court of competent jurisdiction, to recover such additional cost.
This article shall take effect upon the completion of the construction of the sewage treatment facility of the Town of Hillsdale Sewer District No. 1 and the certification of the same for operation by the New York State Department of Environmental Conservation.