Town of Carmel, NY Sewer Districts

This article shall be known as and may be cited as the "Sewer Districts Use Charge Ordinance." Its purpose is to establish and regulate the collection of charges for the use of the facilities of Sewer Districts located within the Town of Carmel.

§ 119-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CHARGES

The annual charge for the discharge or introduction of matter into the facilities.

FACILITIES

Include the treatment plant, collection system, pump stations and all related fixtures, machinery and equipment.

SEWER

Includes all facilities as heretofore defined.

SEWER DISTRICT

Includes all sewer districts formed pursuant to Article 12 or 12-A of the Town Law situate within the territorial limits of the Town of Carmel.

USER

Includes individuals, firms, partnerships, companies, corporations, associations or any other legal entity who is the owner of real property connected to the facilities of a sewer district.

§ 119-3 Formulas for assessment of use charges.

Effective upon the adoption of this article, the basis of the charges for sewer users shall be determined by the following schedule of units of use. In the event that the units are computed to a fraction, the next highest whole number shall be the unit of use.

Where the premises are serviced by water meters, the premises will be assessed in increments of 1.7 units for each 90,000 gallons of annual flow.

Where the premises are not metered, the following formulas shall be applied:

RESIDENTIAL USE
Use Classification		Units of Use
One-family dwelling
	One kitchen	1.7
	Two kitchens	3.4
Each separate apartment in a two-family, three-family or multiple dwelling		1.7

COMMERCIAL USE
Use Classification			Units of Use
Combination one-family home with a professional or business office in residential zone only			3.4
Hotel or motels, exclusive of bar or restaurant, each three rooms or part			1.7
Commercial and industrial establishments
	With three occupants or less ("occupants" are defined as owners, manager or employees) offices and retail		1.7
	For each additional five occupants or part		1.7
	For commercial and industrial establishments in excess of 2,000 square feet the following formula will be used:
		The first 500 square feet of floor area	2.0
		For each additional 100 square feet of floor area or major fraction thereof	0.2
Schools: public, private or parochial
	Elementary or nursery, for each 30 pupils		1.7
	Junior high school, for each 25 pupils		1.7
	Senior high school, for each 15 pupils		1.7
Churches, synagogues, temples (including Sunday school)
	For each 50 members		1.7
Theater
	For each 25 seats or part		1.7
Bowling alleys
	For each two lanes		1.7
Service stations
	Without car wash		3.4
	With car wash		6.8
Beauty salons and barbershops
	Each customer service station (count each shampoo facility as a customer service station)		1.7
Firehouses
	For each 50 members		1.7
Government office buildings
	Each five occupants		1.7
Library			1.7
Club or social establishment
	Each 50 members		1.7

HIGH USE
Use Classification			Units of Use
Launderettes, for each single-load machine (per machine)			5.1
Restaurant (including bars)
	30 seats or less		17.0
	Each four additional seats or part over 30, add		1.7
	For restaurants in excess of 2,000 square feet the following formula will be used:
		The first 500 square feet of floor area	2.0
		For each additional 100 square feet of floor area or major fraction thereof	0.2
Hospitals, including nursing homes, rehabilitation centers, philanthropic associations
	For each two beds		1.7
Car washes (per bay)			17.0
Dry-cleaning establishments			5.1
Health spa or club
	Each five members		1.7

Other uses not listed above shall be charged on the basis of the number of plumbing fixtures.

Any industries greater than 270,000 gallons per year must be individually metered at the owner's cost and expense.

§ 119-4 Notification of charges.

Each user shall be notified annually of the estimated charges for the ensuing year. A public hearing on such budget shall be held in November of each year in conjunction with the general budget of each sewer district.

§ 119-5 Appeals.

The Town Board acting as Commissioners of each sewer district shall hold a public hearing in accordance with the provisions of § 239 of the Town Law, for the purpose of considering objections to the assessment roll as to any property upon a finding that the strict application of this article would be inequitable to such user.

§ 119-6 Biennial review of charges.

The Town Board shall review not less often than every two years the waste water contribution of users and user classes, the total costs of operation and maintenance of the treatment works, and its approved user charge system. The Board shall revise the charges for users or user classes to accomplish the following:

Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein.

Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works.

Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.

§ 119-7 When effective.

This article shall take effect immediately upon adoption, publication and posting as provided by Town Law.

For newly formed sewer districts, the collection of user charges for the first year shall be apportioned based on the calendar year commencing upon the commencement of the operation of the treatment plant.

Article II Capital Charge

[Adopted 2-21-1990]

§ 119-8 Title and purpose.

This article shall be known as and may be cited as "Sewer Districts Capital Charge Ordinance." Its purpose is to establish and regulate the collection of charges for the capital cost of the facilities of each Sewer District located in the Town of Carmel.

§ 119-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CAPITAL COST

Includes all cost and charges expended by each Sewer District in the construction of the facilities, including interest on its bonded indebtedness.

FACILITIES

Include the treatment plant, collection system, pump stations and all related fixtures, machinery and equipment.

SEWER

Includes all facilities as heretofore defined.

SEWER DISTRICT

Includes all sewer districts formed pursuant to Article 12 or 12-A of the Town Law situate within the territorial limits of the Town of Carmel.

USERS

Includes individuals, firms, partnerships, companies, corporations, associations or any other legal entity who are the owners of real property within the geographical boundaries of a sewer district.

§ 119-10 Formula for assessment of capital charges.

Effective upon the adoption of this article, the annual capital costs for each sewer district shall be assessed to users in the district in accordance with the following formula:

RESIDENTIAL FORMULA
Classification	Unit Value
For each 1,000 square feet of lot area	.01
- PLUS -
For each foot of street frontage	.001

COMMERCIAL FORMULA
Classification	Unit Value
For each 1,000 square feet of lot area	.02
- PLUS -
For each foot of street frontage	.002

§ 119-11 Appeals.

[Amended 11-22-1995]

A property owner who believes his property cannot be serviced by the facilities of the sewer district and consequently, his property is not benefited, may make application to the Town Assessor on or before March 1 of each year to have his sewer district capital charge assessment reduced to zero. Said application shall be in triplicate and shall contain the following:

(1)

The tax map number.

(2)

Sewer district number.

(3)

The name of all record property owners; their mailing address and phone number (day and evening).

(4)

The street address of the property which is believed not capable of being serviced and the size of the lot.

(5)

Its current sewer district capital charge assessment in units.

(6)

Such other information as may be required by Town officials.

(7)

A statement that the property owner understands that if the property's sewer district capital charge is reduced to zero and the property is serviced at sometime in the future, either at the District's option or by request of the owner, then the owner or his successors, transferees, heirs and or assigns will be required to pay all back capital charges from the date the assessment was reduced to zero to the date the property is serviced.

(8)

Said application shall be signed by all record property owners and notarized.

Upon receipt of said application, the Town Assessor shall first verify that all record property owners have signed the application and their signatures are notarized and then shall forward a copy to the Town Engineer who shall certify whether the property is capable of being serviced by the respective sewer district's facilities.

For purposes of this section, a property is to be certified by the Town Engineer as not capable of being serviced if:

(1)

A sewer line does not exist in a street, right-of-way or easement along or within any of the property's boundaries; and

(2)

A sewer line does not exist in a street, right of way or easement along any location from or through which the property derives access or could derive access.

If a sewer line is under construction at the time of enactment of this article, it shall be deemed to exist for the purposes herein. Subsequent to the enactment of this article, a sewer line shall be deemed to exist upon issuance of a certificate of approval to construct issued by either the State Health Department or the Putnam County Health Department.

Upon receipt of such certification from the Town Engineer, the Town Assessor shall:

(1)

Reduce the property's sewer district capital charge assessment to zero units;

(2)

File the original application in his office and make note of the reduction on the property card;

(3)

Forward a copy of the fully processed application to the Building Department and to the Town Engineer who shall keep said copies on file permanently.

The reduction granted hereunder shall continue until one of the following events occur:

(1)

The District's sewer facilities are extended so the property can be serviced as determined under the provisions of Subsection C herein;

(2)

If the property is vacant land, a building permit is issued;

(3)

A site plan is approved for the property;

(4)

A subdivision application is approved for the property;

(5)

The Town Board further modifies or amends this article.

Upon occurrence of any of the foregoing, the property's assessment shall be reviewed and set in accordance with the current provisions of the Sewer District Capital Charge Ordinance.

The Town Board acting as Commissioners of each Sewer District shall hold a public hearing in accordance with the provisions of § 239 of the Town Law, for the purpose of considering objections to the assessment roll. Such Board may affirm, modify or amend the assessment roll as to any property upon a finding that the strict application of this article would be inequitable to such person or property.

§ 119-12 When effective.

This article shall take effect immediately upon adoption, publication and posting as provided by Town Law.