The Village of Churchville, by and through its Village Board and pursuant to the provisions of Article 14-F of the General Municipal Law, hereby enacts this article for the purpose of establishing and imposing sewer rents and other charges and fees in accordance with the provisions of this chapter as a means of producing revenue.
All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge, which charge shall be collected as a sewer rent.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge. The surcharge shall be as established from time to time by resolution of the Village Board.
A. 
The basis of the charge for such rents shall be as follows:
(1) 
A single-family dwelling located upon a residential lot improved by a single-family residence within the Village of Churchville shall constitute one unit.
(2) 
A vacant building lot fronting on a street serviced by the sanitary sewer line shall constitute 1/2 unit.
(3) 
Apartments consisting of less than 350 square feet (so-called "efficiency apartment") shall constitute 1/2 unit.
(4) 
Apartments of over 350 square feet shall constitute one unit.
(5) 
Restaurants, regardless of size, shall constitute a minimum of 1 1/2 units.
(6) 
All commercial, business or industrial enterprises shall constitute a minimum of one unit. Such total units charged against any particular commercial or business enterprise may be based upon water consumption or measured wastewater discharge or population or use of premises or type of discharge, or any combination of the same.
(7) 
Schools shall constitute one unit per 15 individuals attending, whether they are teachers, pupils or employees working on the premises.
(8) 
All units within any Riga sewer district shall be determined on the same basis as any units within the Village of Churchville as established in Subsection A(1) through (7) above, with an additional charge of 25% over and above the charge imposed for any similar unit in the Village.
(9) 
Any other units located outside the Village of Churchville serviced by separate contract shall be determined on the same basis as any units within the Village of Churchville as established in Subsection A(1) through (7) above, with an additional charge of 25% over and above the charge imposed for any similar unit in the Village.
B. 
Water meters.
(1) 
If volume of flow is to be used in computing sewer rent and abnormal sewage surcharges, it shall be based upon metered water consumption as shown on the records of meter readings maintained by the Monroe County Water Authority.
(a) 
In the event that a person discharging wastes into the wastewater facilities produces evidence to the Superintendent demonstrating that a substantial portion of the total amount of metered water does not reach the wastewater facilities, then the Superintendent shall either establish a percentage of the total metered water to be used as a basis for such computations or direct the installation of appropriate flow measuring (and totalizing) devices to measure and record the actual amount of flow into the wastewater facilities.
(b) 
In the event that a person discharging wastes into the wastewater facilities procures all or part of his water supply from unmetered sources, the Superintendent shall either direct the installation of water meters on the other sources of water supply or direct the installation of appropriate flow-measuring devices to measure and record the actual amount of flow into the wastewater facilities.
(2) 
Any water meters and/or flow-measuring devices installed pursuant to this section shall be of a type and design acceptable to the Monroe County Water Authority and shall be installed, maintained and periodically tested as required by the owner, at his expense. All such meters and/or flow-measuring devices shall be subject to periodic inspection, testing and reading by the Monroe County Water Authority. Any person discharging wastes into the wastewater facilities may install a flow-measuring device at his option, of the type, design, installation and maintenance standards of the Monroe County Water Authority, at the owner's expense.
The billing period shall be as established from time to time by resolution of the Village Board. Sewer rent and surcharges, if any, shall be prepaid on a monthly basis.
The Village Board may institute an equitable procedure for recovering the costs of any capital improvements of those parts of the wastewater facilities which collect and/or pump industrial wastewaters from those persons discharging such wastewaters into the wastewater facilities.
Provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer rents, abnormal sewage service surcharges and other fees, unless otherwise provided for by law.
The wastewater facilities shall be operated on the basis of a fiscal year to coincide with the fiscal year of the Village of Churchville.
The Village Board shall have the authority to impose impact fees on new development, which development may:
A. 
Cause enlargement of the service area of the wastewater facilities.
B. 
Cause increased hydraulic and/or treatment demands on the wastewater facilities.
Revenues derived from user charges and associated penalties, and impact fees, shall be credited to a special fund. Moneys in this fund shall be used exclusively for the following functions:
A. 
For the payment of the operation and maintenance, including repair and replacement costs of the Village of Churchville wastewater facilities.
B. 
For the discovery and correction of inflow and infiltration.
C. 
For the payment of interest on and the amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the Village of Churchville wastewater facilities.
D. 
For the extension, enlargement, replacement of and/or additions to the Village of Churchville wastewater facilities, including any necessary appurtenances.
A. 
The Village of Churchville shall maintain and keep proper books of records and accounts for the wastewater facilities, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the wastewater facilities. The Village of Churchville will cause an annual audit of such books of record and account for the preceding fiscal year to be made and will supply such audit report to authorized officials, and the public, on request.
B. 
In conjunction with the audit, there shall be an annual review of the sewer charge system to determine if it is adequate to meet expenditures for all programs for the coming year. Classification of old and new industrial users should also be reviewed annually.
C. 
The Village of Churchville shall maintain and carry insurance on all physical properties of the wastewater facilities, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
A. 
The Village of Churchville shall collect the following charges and fees in relation to this chapter:
(1) 
Connection charge (tap fee) (§ 185-29):
(a) 
Class A (residential, commercial, institutional).
(b) 
Class B (industrial).
(2) 
Inspection fees (§ 185-45).
(3) 
Inflow charge (§ 185-50).
(4) 
Inflow surcharge (§ 185-50).
(5) 
Normal sewer rent (§ 185-69).
(a) 
Village rate.
(b) 
Riga sewer district rate.
(c) 
Out-of-district rate.
B. 
Rates for these charges and fees shall be as established from time to time by resolution of the Village Board. A schedule of the current charges and fees shall be kept on file in the office of the Village Clerk.