Local Law

RESOLUTION NO. ___ OF 2024 OF THE WEBSTER TOWN BOARD TO ENACT A LOCAL LAW REPEALING AND REPLACING SECTIONS 257-165 AND 257-166 OF CHAPTER 257 (SEWERS) OF THE WEBSTER TOWN CODE

At a regular meeting of the Webster Town Board of the Town of Webster, Monroe County, New York, held at the Town Board Meeting Room, 1002 Ridge Road, Webster, New York on the 21st day of March, 2024 at 7:30 p.m., there were present:

Supervisor Thomas J. Flaherty Councilwoman Patricia T. Cataldi Councilman John J. Cahill Councilwoman Ginny L. Nguyen Councilwoman Jennifer S. Wright

The following Resolution was offered by and moved its adoption:

WHEREAS, the Town Board has the authority pursuant to Article 4 of the New York State Town Law to promote the health, safety, morals, or general welfare of the community; and

WHEREAS, the Town Board has the authority pursuant to Article 9 of the New York State Town Law to enact, amend, and repeal ordinances, rules, and regulations not inconsistent with law; and

WHEREAS, the Town Board from time to time must, of necessity, fairness, common sense, and in the interest of its constituents and the residents of the Town of Webster, review the laws pertaining to expenditures of public funds for infrastructure within all districts of the Town; and

WHEREAS, it is in the public interest to repeal and replace Sections 257-165 and 257-166 of Chapter 257 of the Webster Town Code, relating to sewer connection fee; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to consider this proposed addition to the Webster Town Code; and

WHEREAS, a Notice of this Public Hearing was published in the Webster Herald on February 28, 2024, and posted on the Town’s website and on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster, New York; and

WHEREAS, a hearing on this matter has been held on March 7, 2024, at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, and all interested persons have been heard; and

WHEREAS, the proposed action is a “TYPE II” action under the New York State Environmental Quality Review Act, it being routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment:

NOW, THEREFORE, BE IT RESOLVED:

1. Sections 257-165 and 257-166 of Chapter 257 of the Webster Town Code_be repealed and new Sections 257-165 and 257-166 of Chapter 257 of the Webster Town Code be enacted in their place as follows:

2. Such Local Law will be designated as:

LOCAL LAW NO. 3 OF 2024

This law is entitled "A local law to repeal, and replace, in their entirety, Sections 257-165 and 257-166 of Chapter 257 of the Webster Town Code, relating to Sewer Collection Fees”.

A. Schedule of units of use.

Classification of Property Equivalent Dwelling Units (EDUs) of Use One-family dwelling 1 EDU .

Multiple-family dwelling 1 EDU per dwelling unit

Commercial Determined by water consumption Industrial Determined by water consumption

B. For additional schedules see the Town of Webster Fee Schedule.

§ 257-166 Connection fees.

(A) All residential units using the Town of Webster sewer system shall pay a sanitary sewer connection fee to the Town of Webster Sewer Department when a building permit or a sewer lateral permit is issued for said residential unit. Any resident who has owned and occupied his/her residence prior to August 1, 1960, shall be exempt from all connection fee charges. Qualification for said exempt residential status shall be determined from the Town of Webster Assessor's office official files.

(B) The connection fee for commercial/industrial users shall be determined by the sewer department minimally based on the number of projected Equivalent Dwelling Units (EDUs) to be connected. This projection shall be determined by the applicable water consumption of the previous 12-month period or, if new construction, based on estimated water consumption or flow from similar comm/industrial user. In addition, where the number and/or concentration of such units or usage necessitates an increase in capital expenditures to, or development of additional infrastructure by, the Town of Webster, the cost of such expenditures or infrastructure development will be borne by the owner, such expense(s) to be paid or contracted to be paid to the Town, prior to any granting of permits which allow construction to begin.

C. Ifan addition is made to an existing commercial/industrial facility which results in a new connection to the sewer, then another connection fee will be assessed.

To be repealed is-struekthreugh; that to be added is in italics.

3. The Town Clerk is hereby authorized and directed to take such action as may be necessary to carry this Resolution into effect.

Seconded by and duly put to a vote, which resulted as follows:

VOTE ON MOTION:

Supervisor Thomas J. Flaherty AYE/NAY Councilwoman Patricia T. Cataldi AYE/NAY Councilman John J. Cahill AYE/NAY Councilwoman Ginny L.Nguyen AYE/NAY Councilwoman Jennifer S. Wright AYE/NAY

DOROTHY M, MAGUIRE Town Clerk Town of Webster