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:
ALLOCATED GPD
The average gallons per day assigned to that tax parcel in
accordance with § 1301 above.
EDU
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.
GPD
The thirty-day average gallons per day discharged to the
sewer collection system.
HOUSEHOLD
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.
NON-HOUSEHOLD
Means or includes any user or potential user of the sewer
system other than a household.
TABLE A GPD
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.
TOWN'S PEAK PERIOD
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.