HomeMy WebLinkAbout2018_12_5_Local_Law_No_11
Local Law No. 11 - 2018
This local law shall be known as the “Exemption from the Sewer Rent for Separately Metered
Water that is not Discharged into the Sanitary Sewer System” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The sewer rent law is intended to levy charges for sanitary sewer service based upon a property’s
discharge of sewage into the sanitary sewer system. The sewer rent law calls owners of real
property that discharge sewage into the sanitary sewer system “System Users”. The owners of
real property whose sewage is not discharged into the sanitary sewer system (e.g. properties
served by septic system) are not “System Users” since the discharge therefrom does not enter the
sanitary sewer system. Hence these owners are not subject to a sewer rent.
There are properties that do both. Certain consumers of water, such as golf courses, have facilities,
such as clubhouses and locker rooms, that discharge sewage into the sanitary sewer system but
also consume water that is not returned as sewage to the sanitary sewer system, such as water
used to irrigate fairways or fill water hazards. This local law takes that distinction into
consideration by establishing a dichotomy between facilities that do discharge sewage into the
sanitary system and facilities that do not by imposing sewer rent upon the former and exempting
the latter from sewer rent.
This local law also improves the definition of two of the terms used in the sewer rent law.
Section 2 – Repeal and replacement of a current section of the Mamaroneck Code:
Section 174-1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§174-1 Legislative Intent.
The Town Board finds that it is in the public interest to raise funds to operate, maintain and repair
the sanitary sewer system and, if deemed appropriate by the Town Board and not prohibited by
General Municipal Law § 453(3), to expand such system through a sewer rent rather than by
taxation because a sewer rent more equitably distributes the cost since it is a function of usage
computed based upon water consumption and is charged to all the users of the sanitary sewer
system, including tax-exempt properties.
The sewer rent law is intended to levy charges for sanitary sewer service based upon a property’s
discharge of sewage into the sanitary sewer system. The sewer rent law calls owners of real
property that discharge sewage into the sanitary sewer system “System Users”. The owners of
real property whose sewage is not discharged into the sanitary sewer system (e.g. properties
served by septic systems) are not “System Users” since the discharge therefrom does not enter the
sanitary sewer system. The owners of these properties are not subject to a sewer rent.
There are properties that do both. Certain consumers of water, such as golf courses, have facilities,
such as clubhouses and locker rooms, that discharge sewage into the sanitary sewer system but
also consume water that is not returned as sewage to the sanitary sewer system, such as water
used to irrigate fairways or fill water hazards. This law takes that distinction into consideration by
imposing sewer rent for the facilities that do discharge sewage into the sanitary system and
exempting from sewer rent the facilities that do not discharge sewage into the sanitary system.
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section 174-3 of the Code of the Town of Mamaroneck hereby is amended by adding the following
new subsection F.
F. If a system user has installed water meters that exclusively measure the volume of water
being used for activities that do not result in sewage being discharged into the sanitary
sewer system, the system user shall not be subject to sewer rent based upon the volume of
water measured by such meters. To be eligible for this exemption, a system user must
demonstrate to the satisfaction of the Town Engineer (or other designated town official)
that the water measured by such water meters is being used solely for activities that do not
result in sewage being discharged into the sanitary sewer system. The exemption shall last
for three years but can be renewed for additional three year periods if on or before the date
on which the then current exemption expires, the sewer user demonstrates to the
satisfaction of the Town Engineer (or other designated town official) that the water
measured by such water meters is still being used solely for activities that do not result in
sewage being discharged into the sanitary sewer system. The Town Engineer (or other
designated town official) shall maintain a record of the date on which each exemption is
granted or renewed. The failure of a system user that has been granted an exemption to
renew that exemption prior to its expiration date shall subject that user to a sewer rent for
the water consumed between the expiration date and the date upon which a renewal is
granted even though had the exemption been renewed prior to its expiration date, the
system user would not have been subject to a sewer rent for the consumption of such
water. The failure of the Town Engineer (or other designated town official) to maintain a
record of the date on which an exemption is granted or renewed shall not be a defense to
the imposition of a sewer rent under the circumstances described in the preceding
sentence.
Section 4 – Amendment of a current section of the Mamaroneck Code:
The definition of SEWER RENT in section 174-2 of the Code of the Town of Mamaroneck hereby
is amended by adding the word “sewage” between the word “discharging” and the word “into”.
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The definition of SEWER USERS in section 174-2 of the Code of the Town of Mamaroneck
hereby is amended by adding the word “sewage” between the word “discharge” and the word
“into”.
Section 5 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 6 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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