[HISTORY: Adopted by the Town Board of the Town of Brighton 10-29-1959. Amendments noted where applicable.]
Sewers — See Ch. 149.
As used in this chapter, the following terms shall mean and include:
- CAPITAL RENT
- A component of the sewer rent charged against all rental
units in the district for the purpose of funding the capital costs
and the debt service of the district.[Added 1-24-1996 by L.L. No. 1-1996]
- INDUSTRIAL WASTE
- Any liquid, gaseous, solid or other waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.
- OPERATING RENT
- A component of the sewer rent charged against all those rental
units in the districts which are connected to the sewer systems, used
for the purpose of funding the operation and maintenance of the districts.[Added 1-24-1996 by L.L. No. 1-1996; amended 9-9-1998 by L.L. No. 3-1998; 1-8-2003 by L.L. No. 1-2003]
- OTHER WASTES
- Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye stuffs, acids, chemicals and other discarded matter not sewage or industrial waste.
- As used in relation to the term "sewer system," all lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and any sewage treatment and disposal works, each part with necessary appurtenances including pumping stations.
- RENTAL UNITS
- A unit for the purpose of charging for sewer rents or for general sewer assessments, calculated as per § 147-2.[Amended 1-24-1996 by L.L. No. 1-1996]
- The water-carried human or animal wastes and permissible industrial wastes from residences, buildings, industrial establishments or other places, together with such ground- and surface water infiltration as may be present.
- SEWER RENTS
- A scale of annual charges established and imposed in the
sewer districts in the Town for the use and/or availability of the
sanitary sewer system or any part or parts thereof.[Amended 1-14-1981; 1-8-2003 by L.L. No. 1-2003]
- SEWER SYSTEMS
- All sewer pipes and other appurtenances which are used or
useful in whole or in part in connection with the collection, treatment
or disposal of sewage, industrial waste and other wastes and which
are owned, operated or maintained by the sewer district in the Town,
including sewage pumping stations and sewage treatment and disposal
works, if any.[Amended 1-14-1981]
[Amended 1-14-1970; 1-14-1981; 4-13-1983; 1-24-1996 by L.L. No. 1-1996; 9-9-1998 by L.L. No. 3-1998]
Vacant properties. Any vacant properties shall be charged 1/10 unit for each 1/10 acre or major fraction thereof.
Residential. Rental units shall be determined as follows:
A one-family dwelling or any part or parts thereof and located upon premises not exceeding 100 feet in frontage and 200 feet in depth shall constitute one rental unit. Such properties with frontage over 100 feet will be charged one unit for the first 100 feet plus 1/10 unit for each additional 10 feet of frontage or major fraction thereof. Area of such properties in the sewer district and more than 200 feet from the frontage will be assessed at the rate of 1/10 additional unit for each 1/10 acre or major fraction thereof which is located more than 200 feet from the frontage.
Properties in the sewer district which have no frontage will be assessed 1/10 unit for each 1/10 acre in excess of the basic minimum one-unit formula of 100 feet by 200 feet.
Residential structures or any part or parts thereof occupied or designed to be occupied by two or more families, including two-family and multifamily dwellings and apartments, apartment houses and such, shall consist of one rental unit for each apartment or living quarters for a separate family unit contained in or on such premises.
Commercial and industrial. Rental units shall be determined as follows:
All types of structures or any part or parts thereof not described in Subsection A or Subsection B(1), (2) or (3) of this section, including but not limited to schools, churches, institutions, motels, stores and commercial and industrial properties, shall constitute that number of rental units by dividing the annual water consumption on said premises by 60,000 gallons. The number of rental units so calculated shall not, however, be less than one unit. Such premises containing separate offices representing different businesses, however, shall constitute a minimum of one rental unit for each business.
[Amended 1-8-2003 by L.L. No. 1-2003]
During the first year, when actual water consumption figures are not available, the Superintendent of the Brighton Sewer District shall estimate such rental charges based upon water consumption usages by other similar-type users.
In the event that any parcel of real property in its entirety falls within more than one of the above classifications, that classification which produces the greatest number of rental units shall be the one applicable. In the event that any parcel of real property is divisible into two or more classifications, the number of rental units in each classification shall be determined, and the total thereof shall constitute the number of rental units applicable to the entire parcel.
[Amended 1-14-1981; 4-27-2016]
Sewer rents are hereby established and imposed for the sewer systems in the Town serving the sewer district now existing, those hereafter created and extensions of either on behalf of said sewer district. In accordance with this chapter and General Municipal Law Article 14-F, the Town Board, through the annual budget process, shall cause the calculation of, public input on, and establishment of sanitary sewer rents for those properties within sanitary sewer districts and/or extensions thereof, as is appropriate. The Town Board from time to time by resolution may also cause the calculation of, public input on, and establishment of sanitary sewer rents for those properties within sanitary sewer districts and/or extensions thereof, as is appropriate.
[Amended 1-14-1970; 1-14-1981; 4-27-2016]
Once the annual tax rate for various sewer rent components has been determined, this rate will be multiplied by the total number of units derived, as outlined in § 147-2A, B, C, D and E, to arrive at the sewer rent charge for each component. These annual sewer rent charges are included as separate line items on the annual property tax bill and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of Town taxes.
Sewer rents shall become due and payable annually on January 1 of each year with respect to all properties subject thereto as of the preceding July 1.
The Town Board, acting as Commissioners of the Brighton Sewer District, shall annually cause statements to be prepared, setting forth the amount of the annual sewer rents for each of the properties subject thereto as of July 1 in each year and the name of the person or party in whose name such real property is assessed and the tax account number thereof, which shall be presented to the Town Board prior to Election Day in each year, and the board or body which levies taxes in the Town shall levy the amount contained in such statements against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the time provided by law for collection and enforcement of Town taxes.
[Amended 1-14-1981; 1-11-1989]
With respect to any property which hereafter becomes subject to sewer rents and which will be occupied or used prior to the due date of the first annual sewer rental charge to be levied against the property, a monthly charge of 1/12 of the applicable annual sewer rental charge shall be paid in advance for each of the months which will elapse between the time of the issuance by the Town of a sewer permit for the property and the due date of the first annual sewer rental charge which will be levied against the property, except, however, that no sewer rental shall be charged for the first six months of new single-family residential construction or for the first 12 months of new commercial, industrial and multifamily residential construction. For any such property described in § 147-2, Subsection A(1), (2) or (3) above, such monthly charge shall be based upon the applicable annual sewer rental unit charge for the number of rental units involved, and for any such property for which sewer rents are to be determined hereunder by means of annual water consumption, such monthly charge shall be based upon the applicable annual sewer rental unit charge for an estimated number of rental units, the number of which is to be determined by dividing the estimated annual water consumption on such property by 60,000 gallons. In computing the number of months hereunder, a period of less than a full month but in excess of 14 days shall be deemed a month, and any period of less than 15 days shall be disregarded.
Revenues derived from the sewer rents shall be credited to a special fund to be known as the "Sewer Rent Fund." Money in such fund shall be used only in the manner and for the purposes specified and in the order required by the Sewer Rent Law of the State of New York.
Editor's Note: See General Municipal Law § 450 et seq.