A.
Allocation of sewage capacity.
(1)
The wastewater treatment plant was designed to handle the wastewater
flow from the existing development within the Boiceville Sewer District
and Shokan Sewer District with a 10% allocation for growth. As a result,
as new development occurs or as uses of existing parcels are modified
there will be a need for additional capacity at the POTW to treat
the additional flow. The treatment capacity at the sewage treatment
plant is a valuable asset to be used for the betterment of the community.
In this article of the Sewer Use Law, the procedure that the Town
Board will utilize to make decisions on the allocation of the remaining
sewage treatment capacity is set forth. Applicants for new sewer connections
and/or existing users making modifications to their improvements that
result in significant additional wastewater flow need to obtain an
allocation of sewer capacity from Town Board under this article.
(2)
In addition, over time, the POTW will need to replace equipment
and the replacement cost of that equipment may not be covered by the
annual operation and maintenance budget. As a result, the Town needs
to develop a capital fund that can be used for the periodic replacement
of equipment and any necessary expansions. In order to equitably allocate
such costs to those benefitted by the sewer system in accordance with
§ 202-b of the New York Town Law, this article institutes
an equitable procedure for assessing property in the POTW Service
Area to recover the costs of any capital improvements. These provisions
apply to the Boiceville Sewer Service Area and the Shokan Sewer Service
Area.
B.
Criteria for household connection.
(1)
Each new household connection to the sewer collection system
or expansion from an existing household connection from a parcel within
the Boiceville Sewer District or Shokan Sewer District will require
an approval of the Town Board. The Town Board will issue a decision
whether or not to issue an approval based upon the following criteria:
(a)
The remaining unallocated capacity of the wastewater treatment
plant;
(b)
The density of the development and its consistency with the
overall master plan and/or comprehensive plan;
(c)
The competing demands for sewer service and the community's
needs for other services;
(d)
The timing of the submission;
(e)
Economic impact on the community infrastructure, including parking,
schools, road improvements and safety;
(f)
The sewer capacity, if any, allocated to said parcel in Table
A under the column heading "Total Flow"; and
(g)
Any contractual obligations relating to sewer capacity allocation.
(2)
Existing individual households can make improvements to their
house without requiring an additional allocation. Additional allocations
will be required if an additional EDU is being added. An additional
EDU would be required if the modifications being made to the property
would allow for the building to be occupied by an additional family
unit living separately from the existing unit or units within the
building. If additional flow is allocated to a household, it will
be allocated in increments of an EDU.
C.
Criteria for non-household connection.
(1)
Each new non-household connection to the sewer collection system
or expansion from an existing non-household connection from a parcel
within the Boiceveille Sewer District or Shokan Sewer District will
require an approval of the Town Board. The Town Board will issue a
decision whether or not to issue an approval based upon the following
criteria:
(a)
The remaining unallocated capacity of the wastewater treatment
plant;
(b)
The type, density, and size of the non-household development
and the services provided by it to the community, and its consistency
with the overall master plan and/or comprehensive plan;
(c)
The competing demands for sewer service and the community's
needs for other services;
(d)
The timing of the submission;
(e)
Economic impact on the community infrastructure, including parking,
schools, road improvements and safety;
(f)
The sewer capacity, if any, allocated to said parcel in Table
A under the column heading "Total Flow"; and
(g)
Any contractual obligations relating to sewer capacity allocation.
(2)
If an existing non-household connection is making a physical
modification to its facility which will require a building permit,
it must appear before the Town Board for determination on whether
an additional GPD allocation is necessary. An additional allocation
will not be necessary unless the Town Board determines that the improvements
to be allowed under the building permit will result in an increase
in sewage flow on a daily average basis of 75 GPD or more. At that
time, the existing non-household connection will identify its current
flow and its projected flow during its peak season and during the
Town's peak season. The Board will have to make a determination
on whether to allocate additional flow to the property in accordance
with the criteria set forth above. If additional flow is allocated
to the property, it will be allocated in increments of 75 gallons
per day.
D.
Calculation of unallocated capacity. The Town will maintain a schedule
or log showing the unallocated capacity for each district. For purposes
of this calculation only, the Town Board will consider as unallocated
capacity the difference between the thirty-day average permitted flow
and the maximum actual thirty-day average flow that occurred within
the past 12 months plus any capacity specifically allocated pursuant
to this article of the Sewer Use Law to new or expanded users that
have not commenced the new or expanded discharge. For Boiceville,
thirty-day average permitted flow shall be calculated using the flow
from the Boiceville Pump Station. For Shokan, flow shall be calculated
to include all flow from the Shokan Sewer District and properties
approved by the Town Board for connection and the flow allocated to
Boiceville pursuant to the agreement. Unless otherwise specifically
stated herein, nothing in this article requires the Town Board to
allocate sewer capacity in accordance with Table A. In evaluating
and making the decision regarding the flow capacity to be assigned
to a potential new or expanded user, the Town Board, in its discretion,
shall consider, to the extent appropriate and relevant, the design
flow allocations published by the New York State Department of Environmental
Conservation for new sewage treatment plants, the actual measured
flow for the particular use and the actual measured flow for similar
uses within the community.
E.
Planning Board site plan approval or subdivision approval. Prior
to issuing any subdivision approval and/or site plan approval to a
parcel within a Sewer District and/or prior to issuing a building
permit to a parcel within a Sewer District, the development of which
in accordance with the approval would result in an increase in sewage
discharge or a new connection, the Planning Board and/or the Code
Enforcement Officer shall refer the applicant/property owner to the
Town Board for a sewer collection allocation in accordance with this
article. The Town Board's issuance and/or denial of a sewer allocation
is not intended to be proof of or support for or against an application
before the Planning Board; it shall, however, be evidence as to whether
the proposed project needs to make alternative arrangements for sewage
disposal.
F.
State Environmental Quality Review Act. For purposes of compliance with the State Environmental Quality Review Act, Environmental Conservation Law, Article 8, as authorized under 6 NYCRR 617.5(b), the Town Board's approval and/or denial of a sewer allocation under this article to a parcel within the Sewer District is a Type 2 action under SEQRA. [Note that the construction and operation of the sewage collection system and treatment plant were fully addressed in a SEQRA process and an allocation approval or disapproval is not to be construed as or evidence of Town Board approval of the project; said project must still obtain whatever approvals are required as a matter of law.]
G.
Procedure. The Town Board shall issue its decision within 60 days
of the submission of a complete application. At its own discretion,
the Town Board may extend review period beyond 60 days in order to
obtain more information regarding the criteria set forth above. The
Town Board, in its discretion, may conduct a public hearing prior
to making a determination. In all cases, the applicant shall have
the right to appear at the Town Board meeting and/or hearing (if held)
to present his/her case.
H.
Application fee. There is an application fee of $50 per application.
The fee is due with the submission of the application and is nonrefundable.
In addition to the application fee, the Town Board reserves the right
to charge the applicant for any out-of-pocket costs actually incurred
by the Town Board or the Sewer District in retaining consultants to
evaluate the application relative to the criteria set forth above.
I.
Conditions. The Town Board may condition an allocated GPD to contain
one or more of the following conditions:
(1)
Equalization installed on the parcel at the rate of 1 1/2
the allocated GPD or at such other amount as determined by the Town
Board, at the cost of the owner;
(2)
Equalization is discharged only during off-peak hours or as
directed by the person designated by the Town Board;
(3)
Water-saving measures;
(4)
Seasonal use limitations;
(5)
Such other conditions as the Town Board deems as reasonable
and necessary to protect and preserve the capacity of the sewage treatment;
(6)
Providing monthly monitoring of flow and/or other parameters;
(7)
An expiration date for the allocation by which the discharge
must commence (or the allocation will expire) regardless of any previously
paid sewer connection; and/or
(8)
Wastewater pretreatment.
It is the determination of the Town Board that all lots and
parcels of land within the Boiceville Sewer District and Shokan Sewer
District are especially benefitted thereby, and shall be assessed
in just proportion to the benefit received based on the capacity absorbed
in accordance with the following formula:
A.
For lots and parcels of land within the Boiceville Sewer District
or Shokan Sewer District that are not connected to the sewer system,
no special benefit assessment shall be levied.
B.
For households connected to the sewer system:
(1)
To the extent that the capacity absorbed is less than or equal
to the Table A GPD, no special benefit assessment shall be levied;
and
(2)
To the extent that the capacity absorbed is greater than the
Table A GPD, a special benefit assessment shall be levied in the amount
of $5,000 per EDU for each EDU above the Table A GPD; and
(3)
For the purpose of calculating the special benefit assessment,
any two or more parcels assigned a Table A GPD, which are combined
through a legal filing, thus eliminating one, are entitled to the
combined allocation. If the parcel is subdivided in the future, the
allocation may be redivided, or remain with one parcel and the other
treated as a new parcel.
C.
For non-households connected to the sewer system in Boiceville Sewer
District:
(1)
To the extent that the capacity absorbed is less than or equal
to the Table A GPD, no special benefit assessment shall be levied;
and
(2)
To the extent that the capacity absorbed is greater than or
equal to the Table A GPD, a special benefit assessment shall be levied
in the amount of $1,250 per 75 GPD above the Table A GPD.
D.
For non-households connected to the sewer system in Shokan Sewer
District:
(1)
To the extent that the capacity absorbed is less than or equal
to the Table A GPD, no special benefit assessment shall be levied;
and
(2)
To the extent that the capacity absorbed is greater than or
equal to the Table A GPD, a special benefit assessment shall be levied
in the amount of $1,442 per 75 GPD above the Table A GPD.
The proceeds of the special benefit assessment provided for
in § 1302 shall be deposited in a capital account that could
be accessed by the Sewer District to repair, upgrade and/or expand
the wastewater treatment plant and the sewer collection system or
for such other purposes allowed under law. The dollar charge per EDU
(or per 75 GPD) may be modified from time to time by resolution of
the Town Board as necessary to ensure adequate funding is available
for the long-term capital needs of the Sewer District.
The special benefit assessment provided for in § 1302
shall be levied in advance to be mailed concurrent and as part of
the semi-annual Town utility bill to the property owner. Payment shall
be made in accordance with the procedures for payment of the tax bills
and the assessment of any interest and/or penalties shall also be
calculated the same as interest and/or penalties are calculated for
the tax bills. With respect to the special benefit assessment levied
pursuant to § 1302A(2)(b) and A(3)(b), to the extent allowed
by law, the special benefit assessment shall be paid prior to the
issuance of the building permit for the applicable EDU or construction
project.
The meaning of the terms used in this article shall be as set
forth below:
The average gallons per day assigned to that tax parcel in
accordance with § 1301 above.
The three calendar month consecutive period that the applicant
has its highest flows.
Water usage proportional to that equivalent to a typical
single-family residence. For purposes of this article, all single-family
residences located in the Boiceville Sewer Service Area are assigned
one EDU, which is equivalent to 300 gallons of water use per day;
and all single-family residences located in the Shokan Sewer Service
Area are assigned one EDU, which is equivalent to 260 gallons per
day.
The thirty-day average gallons per day discharged to the
sewer collection system.
A dwelling place. "Household" shall not be construed to mean
rooms or units in hotels, motels, bed-and-breakfast establishments
with six or more rooms to rent, inns, camps, time-share condominiums,
or other facilities intended for visitors and transient occupants
to stay with no intention of residing or maintaining a residency at
that location. For facilities used partly for residential and partly
for nonresidential purposes with common sewer service, that portion
of such facility that is used as a residence shall be treated as a
household for purposes of this section.
Means or includes any user or potential user of the sewer
system other than a household.
The average gallons per day assigned to that tax parcel in
Table A as incorporated into Appendix C herein under the column heading
"Total Flow." As a condition to obtaining grant funding for the sewer
system, the property owners for the parcels listed in Table A were
required to contribute their existing sewage capacity (i.e., "total
flow") to the Boiceville Sewer District or Shokan Sewer District.
The sewer system was designed to manage the sum of the total flow
plus 10% in each district. If the property owner did not contribute
its existing sewage capacity in accordance with Table A, the size
of the sewage plant would have been decreased and the District's
funding reduced.
The consecutive three-month period that the sewage plant
receives the greatest flow, based upon a review of historical flow
records. The Town's peak period is to be determined by resolution
of the Town Board.
A.
For connections outside of the Boiceville Sewer District and Shokan Sewer District, an additional charge will be required to compensate the subject sewer district for its embedded costs. The additional charge will be determined by the Town Board at the time that a petition is submitted to the subject district for an expansion of the district or to connect to the sewer collection system or transmission line that is owned and operated by that district. The purpose of the additional surcharge is to compensate the subject district for the value of its sewage treatment plant capacity and collection system which will now be shared with properties outside the district. Any sewer connection for a parcel outside the Boiceville Sewer District and Shokan Sewer District to which the Town Board allows to contribute flows, is subject to the rules set forth in Article 13, although all Allocated GPD will be subject to the Special Benefit Assessment.
B.
Unless otherwise specified by resolution of the Town Board, the special
benefit assessment for a user outside of the Boiceville Sewer District
and Shokan Sewer District is $10,000 per EDU of proposed flow.
