For brevity and ease of communication, this article may be cited as the "Sewer Rent Law for Shandaken's Septic Maintenance District."
The Town Board of the Town of Shandaken, pursuant to the provisions of Article 14-f of the General Municipal Law, entitled "Sewer Rent Law" and, in particular, § 452 thereof, does hereby establish and impose sewer rents to be charged to property owners with septic systems located within the district.
A. 
The district has the authority, on a year-to-year basis, to impose a sewer rent on each user. The sewer rent shall be based upon the short-term and long-term funding needs of the district. The sewer rent would be set each year by the Town Board as necessary to replenish the fund.
B. 
Upon completion of the initial replacement and/or repair of failing septic systems, CWC, through the Community Wastewater Management Program, will provide the Town with an endowment to fund the maintenance, repair and/or replacement of the existing septic systems located within the district.
C. 
During August and September of each year, the Town Board shall be responsible for developing a budget for the district for the upcoming year and identifying the maintenance activities for said District. The investment goal of the Septic Maintenance District is to have the fund grow with inflation each year wherein a portion of the interest and/or income earned on the fund will be reinvested in the fund to ensure that the inflation rate is met or exceeded. The remainder of the income will be used for maintenance, repair and/or replacement of the septic systems for the upcoming year. If in planning the next year's maintenance activities the Town Board determines that there are insufficient funds to complete the needed activities, the Town Board may elect to withdraw from the principal of the fund and/or impose a sewer rent to the users. In determining whether to impose a sewer rent for any given year, the Town Board should give consideration to the investment goal, which is to repair and/or replace all the septic systems located within the district within 33 years from the effective date of this chapter. Sewer rent will be assessed on a pro rata basis for each septic system within the district. The decision whether to impose a sewer rent is in the sole discretion of the Town Board. In establishing the district and determining the fund amount, the intent was to fund and maintain the district in perpetuity without the need for an annual sewer rent charge.
Sewer rent shall be billed with or at the same time as the Town property tax bill and is due 30 calendar days from the date of billing. If the sewer rent has not been paid by the due date set forth on the invoice, interest shall accrue on the unpaid balance at a rate of 2% per month, retroactive to the date of the original billing. To the extent that the sewer is delinquent for a period of at least 60 days, the district shall report the name and amount due to the appropriate Town and county officials, and the county shall pay such sewer rent to the district in the same manner as delinquent property tax.