Public Notice: Town of Riverhead — hearings on amending Chapter 265, entitled “Sewers” of the Riverhead Town Code.

Event Date: 
Tue, 02/06/2018 - 2:10pm - 3:10pm

TOWN OF RIVERHEAD

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 6th day of February, 2018 at 2:10 o’clock p.m. to amend Chapter 265, entitled “Sewers” of the Riverhead Town Code. 

 

            BE IT ENACTED by the Town Board of the Town of Riverhead as follows:

 

Article I:  Establishment

§ 265-1

Sewer rents established for lands served within the boundary of the Riverhead Sewer District; purpose.

There is hereby established in the Riverhead Sewer District for lands served within the boundary of the Riverhead Sewer District a scale of rents to be called “sewer rents”, the revenues from which shall be used for the payment of the cost of the management, maintenance, operation and repair of the sanitary sewer system, including treatment and disposal works.

§ 265-2

Liability for and computation of rent for lands served within the boundary of the Riverhead Sewer District.

In addition to any and all other fees and charges provided by law, the owner of any parcel of land within the boundary of the Riverhead Sewer District served by the sanitary sewer system of the Riverhead Sewer District shall pay a sewer rent for the use of such sanitary sewer system. Such sewer rent shall become due and payable annually, and the rate thereof shall be determined by the Town Board of the Town of Riverhead by a resolution duly adopted by a majority of its membership during the month of November, prior to November 15, to coincide with the adoption of the sewer budget. The rate so adopted shall be based upon the consumption of water during the annual period prior to the preceding June 30, according to the records of the Riverhead Water District, except as hereinafter provided.

§ 265-3

Charge to metered consumers of water for lands within the boundary of the Riverhead Sewer District.

In the case of metered consumers of water for lands within the boundary of Riverhead Sewer District supplied by the Riverhead Water Department, the sewer rent charge, except as hereinafter provided, shall be computed and fixed by multiplying the amount of water consumed during the four quarterly meter reading periods prior to the preceding June 30, according to the records of the Riverhead Water District, by the rate established as aforesaid.

§ 265-4

Determination of charge in special cases for lands within the boundary of the Riverhead Sewer District.

In the case of metered consumers of water for lands within the boundary of the Riverhead Sewer District supplied by the Riverhead Water District who contribute to the sewer system an amount of sewage substantially less than or substantially greater than the amount of water supplied to such metered consumer, or in the case of owners of real property within the boundary of the Riverhead Sewer District who are not supplied with water by the Riverhead Water District but are connected to the sewer system, the Town Board of the Town of Riverhead shall fix and determine the sewer rent charge applicable to such real property upon such equitable basis as shall be determined by said Board.

§ 265-5 

Charge to properties within the boundary of the Riverhead Sewer District where sewage meters installed.

At the option of an owner of real property within the boundary of the Riverhead Sewer District being served by the sewer system who is affected by § 265-4 above, such owner may, at his own expense and subject at all times to the approval of the Superintendent of the Riverhead Sewer District or other designated official, install, operate and maintain sewage meters, gauges or other suitable devices for measuring the amount of sewage contributed to the sewer system. In such cases, the quantity of sewage shall be determined by such metering device, and the sewer rent applicable thereto shall be the amount which would be imposed for the consumption of a like amount of water during the prior annual period.

§ 265-6

Survey and report by Superintendent.

It shall be the duty of the Superintendent of the Riverhead Sewer District or other designated official to make a survey annually or at such other times as may be required by the Town Board of the Town of Riverhead, to determine whether there is being discharged into the sewer system sewage or other waste which, in the opinion of such Superintendent, contains unduly high concentrations of solids or any other substance adding to the operating costs of the sewer system. Upon the completion of such survey, he shall file with said Board a report of his findings, indicating whether additional sewer rent charges should be levied for such sewage or other waste, and if so, he shall set forth recommended charges for the same. Said Board is authorized to fix and determine such additional sewer rent charge therefor as shall be equitable, in addition to the sewer rents herein provided.

§265-7

Payment; collection; lien for lands within the boundary of the Riverhead Sewer District.

Sewer rents for lands within the boundary of the Riverhead Sewer District shall become due and payable on the first day of December in each year, or on such other date or dates as may be determined by the Town Board of the Town of Riverhead, and shall be collected by the Receiver of Taxes. Said rents shall constitute a lien on the real property served by the sewer system.

§ 265-8

Circumstance Where Town Board May Permit Out of District Properties To Connect to the Riverhead Sewer District.

The Riverhead Town Board as governing body of the Riverhead Sewer District may permit out of district property owners to use the facilities of the Riverhead Sewer District only to the extent that excess capacity is available to collect and treat such out of district sewage after accounting for all existing in district users of the Riverhead Sewer District.  It is the intent that such out of district properties shall pay a greater amount than in district users as shall be permitted by law to reduce and stabilize the sewer rent paid by in district properties. 

§ 265-9

Liability for Payment of Out of District Sewer Rent.

In addition to any and all other fees and charges provided by law, the owner of a parcel outside of the boundary of the Riverhead Sewer District served by the sanitary sewer system of the Riverhead Sewer District shall pay a fee for the use of such sanitary sewer system as determined and charged herein to be known as the out of district sewer rent.  Such out of district rent shall be calculated on an annual basis payable in advance by equal quarterly installment, upon invoice of the Riverhead Sewer District, rendered for the first quarter in December for the period of January 1 through March 31, the second quarter rendered in March for the period of April 1 through June 30, the third quarter rendered in June for the period of July 1 through September 30 and the fourth quarter rendered in September for the period of October 1 through December 31.  Out of district sewer rents shall accrue a penalty of one percent (1%) per month or portion thereof and 9% statutory interest for payment delinquent after the first month of the quarter for which such rent is due and owing. 

§ 265-10

Calculation of Out of District Sewer Rent.

The Town Board shall set the out of district rent on a case by case basis using the avoided cost to the out of district property to be served based upon the reasonably estimated total cost of construction, operation and maintenance of a wastewater facility properly designed and sized to treat and dispose of the flow of wastewater generated by such out of district property to the same standards of treatment as required by Riverhead Sewer District.  The District Engineer shall evaluate such avoided cost by calculating the total cost of construction and determine an annual cost based upon the annual payment of a 30-year bond at the then prevailing rate of interest for such cost of construction and annual operating expenses.  The District Engineer shall advise the Town Board in writing of their findings and recommendation regarding such avoided cost.

§ 265-11

Effective Date of This Local Law.

This law shall take effect immediately.  Any out of district properties served as of January 1, 2018 shall be charged out of district sewer rent, as required herein for the full calendar year of 2018 upon invoice rendered by the Riverhead Sewer District as soon as reasonably possible after this local law is filed with the Secretary of State.

 

·               Overstrike represents deletion(s)

·               Underscore represents addition(s)

Dated: Riverhead, New York

            December 19, 2017

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    OF THE TOWN OF RIVERHEAD

 

                                                                                    DIANE M. WILHELM, Town Clerk