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LL 02 Sewer Rent Law (Please.Use this Form for Filing your Local Law with the Secretary of State) , i 1 Text of law should be given as amended.Do not include matter being eliminated and do not use italics or underlining to indicate new matter. GodwX Vof .......RuePnsbtT........................................ Mpw Local Law No. .....2. ................. of the year 19 —89...... A local law . .4 mooding.L oca/.L am Number.1.0,1:1989.6pacte0L;n _qiW •sewev.ireRts 4br.the.Town. .. (Insert title) of Queensbury/Quaker Road Sewer District in the Town of Queensbury, County of Warren, New York enacted pursuant to Article 14 (F) of the General Municipal Law and Municipal Home Rule Law of the State of New York Be it enacted by the ......Tawxi.Board................... .................... ............. . of the (Name of Legislative Body) kmtyx IZKc f o ..... . . ...queensbury ...•••...•............. as follows: Town ............................... ARTICLE I STATEMENT OF POLICY Section 1. In order to pay costs within the Central Queensbury/Quaker Road Sewer District including (1) all costs for the operation, maintenance, repair of the sewer system hereinafter defined, and all other costs including sums paid to the City of Glens Falls or others for sewage treatment; (2) the interest on the amortization of, or payment of indebtedness which has been or shall be incurred for the construction of said sewer system or part or parts thereof, for the purchase and/or construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the cost of extension, enlargement, replacement of, or additions to such sewer system or part or parts thereof, in that order, and to insure the proper operation, maintenance and repair of said sewer system. There is hereby established a Sewer Rent Law pursuant to Article 14(F) of the General Municipal Law and the Municipal Home Rule Law of the State of New York. ARTICLE It DEFINITIONS As used in this local law, the following terms shall mean and include: Section I. The terms, "sewer rents" shall mean as established by the Town Board of the Town of Queensbury within the Central Queensbury/Quaker Road Sewer District. ' Section 2. The term "sewer system" shall mean the sewer system owned and operated by the Central Queensbury/Quaker Road Sewer District and shall include all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment and/or disposal of sewage, industrial wastes and other wastes, and which are owned, operated or maintained by the Central Queensbury/Quaker Road Sewer District, including pumping stations, and sewage treatment and disposal works and all extensions, additions and improvements, which may be made to such system. Section 3. The term, "part", shall include all lateral sewers or all branch sewers or' all interceptor sewers or all trunk sewers and sewage treatment and disposal works and each part with necessary appurtenance, including sewage pumping stations. (if additional space is needed,please attach sheets of the same size as this and somber each) (1) Section 4. (a) The term, "sewage" shall include the water-carried human waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage as above defined of industrial waste or other waste as hereafter defined, also shall be considered, "sewage" within the meaning of this ordinance. (b) The term, " industrial wastes", shall include 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. (c) The terms, "other wastes" shall include garbage, refuse, decoyed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals, and other discarded matter not sewage or industrial waste. (d) Provided, however, that none of the foregoing uses of the sewer system for the items as defined may made unless in conformity with the Town of Queensbury Sewer Use Ordinance and all other applicable rules and regulations of the Town of Queensbury, County of Warren and State of New York. Section 5. Residential property shall include a building, structure or land use designed and occupied exclusively as a human dwelling and upon and in which no commercial activity or business use is maintained, unless such activity or use is in compliance with the Town of Queensbury zoning ordinance as a home occupation. Section 6. Non-Residential property shall include a building, structure or land use designed and occupied for any commercial activity or business use. ARTICLE III SEWER RENTS Section 1. There is hereby established and imposed a scale of "sewer rents" for services rendered by the sewer system to the real property within the limits of the Central Queensbury/Quaker Road Sewer District. Charges pursuant to Article 1, Section 1, Subdivision I hereof: A. For residential properties $50.00 annually for each residential unit, plus $2.18 per thousand gallons of water metered to such premises in excess of 75,000 gallons per year. B. For non-residential properties $2.18 per thousand gallons for water metered to such premises. Charges pursuant to Article 1, Section 1, Subdivision 2. A. For residential properties $1.54 per thousand dollars of assessed valuation, plus $227.08 per acre of land occupied by said unit on a prorated basis, plus $50.00 per residential unit for the first 75,000 gallons of water consumed on said premises and $2.53 per thousand gallons in excess of 75,000 gallons, except that in those instances in which a vacant parcel in excess of five (5) acres lies in a vacant wetlands area as designated under the Environmental Conservation Law, where the total acreage of the parcel for purposes of calculating the Sewer Rent due shall be reduced by the number of acres in the designated wetland. B. For non-residential properties $7.54 per thousand dollars of assessed valuation, plus $227.08 per acre for each acre of land occupied by said unit on a prorated basis, plus $2.53 per thousand gallons of water consumed on said premises. (2) Section 2. For treatment of industrial wastes or other wastes as defined herein if any additional treatment is required because of undue concentration of solids or any other substances which add to the operating costs, the Town Board is authorized to fix and determine such additional sewer rent charges therefore, as shall be equitable, in addition to the sewer rents set forth in the proceding paragraphs. Section 3. Sewer rents shall begin to accrue as of January 1, 1989 for use after that date and shall be billed as follows: (a) Annual charges for residential properties of $50.00 per residential unit and annual charges of $1.54 per thousand dollars of assessed valuations for residential and nonresidential properties and $227.08 per acre of land occupied, shall be billed in advance in the month of January of each year. (b) Charges based on water meter readings shall be billed quarter annually in advance on February I, May 1, August 1 and November 1 of each calendar year based upon the water meter reading for the most recent preceding quarter calendar year. Section 4. Sewer Rents shall not accrue against properties within the Central Queensbury/Quaker Road Sewer District which are serviced by the Sanitary Sewer Facilities of the City of GLens Falls and continue to be so served. The Town Board shall annually at its first meeting in the month of January of each year determine properties which are so served and are determined at the present time to be: Property Address Tax Map No. 6 Fort Amherst Rood 106-4-17 10 Fort Amherst Road 106-4-75 12 Fort Amherst Road 106-4-14 14 Fort Amherst Road 706-4-13 16 Fort Amherst Road 106-4-12 18 Fort Amherst Road 106-4-11 4 Patton Drive 108-1-18 9 Patton Drive 108-1-79 23 Mountain View 108-1-24.2 379 Ridge Road 708-3-17 14 Ft. Amherst Road 106-4-13 49 McArthur Drive 107-1-13 55 McArthur Drive 107-1-14 57 McArthur Drive 107-1-15 61 McArthur Drive 107-1-16 60 McArthur Drive 107-1-17 ARTICLE IV ADMINISTRATION Section 1. All sewer rents shall be due and payable at the Office of the Town Tax Collector. Section 2. Bills will be sent out to all property owners by the Town Tax Collector and the failure of any property owner to receive a bill promptly shall not excuse nonpayment of the some, and in the event the property owner fails to receive a bill promptly, he shall demand the some at the Town Tax Collector's Office. Section 3. Terms of payment: Bills will be rendered at the net amount and will be due on the last business day of the calendar month when rendered. (3) Section 4. If bills are not paid within one (7) month from the date due, a penalty of five (5%) percent will be added to the some and if unpaid thereafter, a penalty of one (1%) percent per month will be added until the amount shall have been paid or until the sewer rent is levied in accordance with Section 6 hereof. Section 5. Sewer use rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents are hereby established. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. Section 6. The Town Tax Collector shall annually on or before the Ist day of April, certify the amounts of all unpaid sewer rents including penalties, computed to the first day of March with a description of the real property affected thereby and shall present such certificate to the Town Board which shall enter the same or an abstract thereof in the minutes of the meeting. The Town Board shall levy such amounts against the real property liable therefor as part of the annual Town tax levy, setting forth such amounts in separate columns in the annual tax roll. The sewer rent fund shall be credited with the amount of all such unpaid sewer rents, including penalties, and such amounts, when collected, shall be credited to the general fund. The amounts so levied shall be collected and enforced in the some manner and at the some time as other Town charges. ARTICLE V EFFECTIVE DATE Section 1. This local law shall take effect immediately. (4) .Wortiplete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ..2..... of 19..8.9... &" of the own of ..Pvcvvsbvey... was duly passed by the ....TQwv.gvarf1 . . .. . .... .... .. . Town (Name of Legislative Body) on ....M.ao;h.7.............. 19 S.9...:in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No. ......... of 19........ County City of the Town of ......... ....... was duly passed by the ....... ..... . . . . . . . . ..... ... .. . . Village (Name of Legislative Body) not disapproved on ....... 19 ........ and was approved by the ........ . ... . . . . .. . . .. ... . . . repassed after disapproval Elective Chief Executive Officer' and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No. ....... . of 19 ........ , County City of the of .. .............. was duly passed by the ........... .... .. ... .......... . Town Village (Name of Legislative Body) not disapproved on ............................. 19 ........ and was approved by the ....... .. .... .. ... .. . . . . . ... repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on .............................19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ County . of the Cityof ................ was duly passed by the ........... .... ... .... .... .. Town (Name of Legislative Body) Village not disapproved on............................. 19........ and was approved by the ........ .. .. .. repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on.............................19.........in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the sapervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. (5) S. ACity local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ of the City of ................................... having been submitted to referendum pursuant to the provisions of 13736 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the gene al election held on .......... .. ............ 19.........became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19......... of the County of .. .. ..................State of New York, having been submitted to the Electors at the General Election of November ............. 19.......pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ....1.......above. Clerk of the County legislative body.City o illage Clerk or officer designated by local It is auve body Date: t1',\-a.� i ct c� (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .......kYAcf:en................ 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .. .. .................. Signature rowOA ttorney...... . . ..... ...................... . Title Cat Aty Date: 1(�a'�� `�� 1`)L QPFX of .:...Ovaenshucy.. Town ................ (6) fi �Cfi � � x � �, ¢; ��° " , n��' - " � ] K "�"� `: '�,�,�`� " .�§fit '�- ,. '�n` � 'k7�`f, '+� ^�w i F - s��,_ :� c"Cn in the"RE7 1 ate? tt/q''"�^'- You. �'►'9cs on s ho w to whom )for mat ands. ,odd I to ,and mod. this State Recor " '• ., r ds 62 Wosh. of Sto�awB u ou Alban shIngtQn A ve Y. N' Y, 1?231 X slurs_ AN 7• of iV NYS Department of State Bureau of State Records 162 Washington Avenue Albany, NY 12231-0001 Darlene M. Dougher Town Clerk Town Office Building Bay at Haviland ROADS Queensbury, NY 12804 M Date__ 3/21/89 Local Law(s)No. 2 Year 1989 Municipality Town of Queensbury Please be advised that the above-referenced material was received and filed by this office on Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(4187)