It is the intention of the Board of Trustees,
by the adoption of this article, to establish and impose sewer charges
for the Village of Chester.
As used or referred to in this article, unless
a different meaning clearly appears from the context, the following
terms shall have the meanings indicated:
Charges paid by users for their proportionate share of operation
and maintenance (including replacement) costs of treatment works within
any sewer district, based on the user's proportionate contribution
to the total wastewater loading from all users within the Village.
Vacant parcels within the Village, which, when improved for
residential or nonresidential purposes and connected to public sewers,
the owners thereof will become users.
Includes allowances for replacement.
Twenty years from the date of the start-up operation.
A unit charge, established by the Board of Trustees annually
and based upon: the amount of funds required to pay expenditures for
operation and maintenance (including replacement), funds required
for repayment of capital debts service and the number of units of
use in the Village.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the planning period of
the treatment works to maintain the capacity and performance for which
such works are designed and constructed.
A scale of annual charges established and imposed by the
Village of Chester for the use of the public sewers and the availability
for use of the public sewers by benefit area vacant parcel owners.
The quantity of usage of the sewer system assigned to different
classifications of real property in any district.
Any owner of real property within the Village who is depositing
or is required to deposit sewage, either directly or indirectly, into
the public sewers.
A system of charges which shall be levied against users in
the Village, based on the units of use multiplied by a rate, such
that the Village may recover the cost for operation and maintenance
(including replacement) of the Village sewer system. The user charge
system shall also include charges levied against benefit area owners
and users for the repayment of capital debt, as required.
Based on estimated volume of flow only, as outlined in the
schedule of units. Any types of users not listed in the schedule of
units shall be subject to review by the Board of Trustees as to the
unit value of their contribution (units of use).
Any owner of vacant property within the Village who, by virtue
of the parcel's proximity to public sewers, has the right to connect
to the public sewers when the parcel is improved and the owner becomes
a user, as defined above.
The basis of the charges for the sewer charges
to be paid by the users and vacant parcel owners within the Village
shall be determined from the following schedule of units:
A.
Schedule of Units: Class A, Nonindustrial Users.
[Amended 6-8-2015 by L.L.
No. 2-2015]
|
Number of Units of Use
| |||||
|---|---|---|---|---|---|
|
Occupancy or Use
|
Operation and Maintenance
|
For Debt Service
| |||
|
Single-family residence
|
10
|
10
| |||
|
Multiple-family house (per dwelling unit)
|
10
|
10
| |||
|
Mobile home
|
10
|
10
| |||
|
Apartment developments (per dwelling unit)
|
10
|
10
| |||
|
Apartments in commercial building (in addition
to charges for commercial establishment)
|
7
|
7
| |||
|
Schools (per pupil and employee)
|
0.6
|
0.6
| |||
|
Churches (no school, library, firehouse, nonprofit
organization or lodge building:
| |||||
|
No food service
|
10
|
10
| |||
|
With bar or food service
|
20
|
20
| |||
|
Motel:
| |||||
|
(Owner's living unit and building, no food service)
|
10
|
10
| |||
|
Per living unit*
|
2
|
2
| |||
|
Commercial:
| |||||
|
Small (4 employees or less)
|
10
|
10
| |||
|
Large (per employee based on 8-hour day)
|
2.5
|
2.5
| |||
|
Restaurants:
| |||||
|
Per seat
|
1
|
1
| |||
|
If owner occupies apartment on site (additional)
|
10
|
10
| |||
|
Tavern:
| |||||
|
Per seat, no food prepared on premises for resale
|
0.5
|
0.5
| |||
|
If owner occupies apartment on site (additional)
|
10
|
10
| |||
|
Nursing homes (per bed)
|
15
|
15
| |||
|
Rooming house (no food service), 10, plus 2
units for each rental bedroom, minimum
|
16
|
16
| |||
|
Boardinghouse, 10, plus 4 units for each rental
bedroom, minimum
|
22
|
22
| |||
|
Camp LaGuardia:
| |||||
|
Per resident
|
2.5
|
2.5
| |||
|
Per resident employee
|
2.5
|
2.5
| |||
|
Per nonresident employee
|
1.0
|
1.0
| |||
|
Bowling alleys:
| |||||
|
4 lanes
|
20
|
20
| |||
|
Each additional lane over 4 (additional)
|
2
|
2
| |||
|
With food service or bar (additional)
|
10
|
10
| |||
|
Self-service laundromat (per washing machine)
|
7
|
7
| |||
|
Commercial laundry (use industrial rate schedule)
| |||||
|
Theaters:
| |||||
|
Movies (each 7 seats)
|
1
|
1
| |||
|
Seasonal (each 70 seats per calendar month of
operation)
|
1
|
1
| |||
|
Car wash:
| |||||
|
Self-service, no recirculation (per car stall)
|
10
|
10
| |||
|
Self-service with recirculation (per car stall)
|
5
|
5
| |||
|
Attended, automatic (use industrial rate schedule)
| |||||
|
Service station:
| |||||
|
Self-service, no restrooms for public use
|
10
|
10
| |||
|
Self-service with restrooms for public use
|
20
|
20
| |||
|
Full service
|
20
|
20
| |||
|
Vacant building on sewer system
|
—
|
**
| |||
|
Vacant land:
| |||||
|
Building lot with service within 100 feet
|
—
|
2
| |||
|
Building lot more than 100 feet from sewers
|
—
|
1
| |||
|
Bulk acreage suitable for development and not
in active use as farmland (per acre)
|
—
|
7
| |||
|
Farmland in active agricultural use:
| |||||
|
Developable (per acre)
|
—
|
1
| |||
|
Nondevelopable
|
—
|
Exempt
| |||
|
Existing building (within Village, but more
than 100 feet from sewer lines and requiring extension of sewer system
for service)
|
—
|
2
| |||
|
*
|
NOTE: If motel has food service, see unit charges
for restaurants.
|
|
**
|
NOTE: One-half assessment for vacant period
only, for debt service only.
|
B.
Schedule of Units: Class B, Industrial Users. Industrial
sewage flows have several component parts, each of which contributes
to point assessment:
(1)
Employee sanitary flow: due to employees and not any
industrial process.
(2)
Process waste: wastewater generated by or during the
manufacture or processing of products and raw materials and containing
pollutant substances due to contact with the products or materials
used in manufacturing. High-strength wastes are subject to extra charges.
(3)
Noncontact cooling water: wastewater with no appreciable
contamination other than heat. Such flow shall be excluded from sanitary
sewers. However, if the Village must maintain storm drains to convey
such cooling water flow to a natural drainage course, such flow will
be subject to an annual charge for storm drain maintenance as negotiated
between the industry and the Board of Trustees. If such cooling water
is included in the sanitary sewer flow, it shall be charged at double
the rate chargeable for process wastes or one unit per 6,000 gallons
of flow.
|
Number of Units of Use
| ||||
|---|---|---|---|---|
|
Occupancy or Use
|
Operation and Maintenance
|
For Debt Service
| ||
|
Sanitary flow:
| ||||
|
Per employee, no showers
|
1
|
1
| ||
|
Per employee, with showers
|
1.5
|
1.5
| ||
|
Plus process wastewater base charge, per 12,000
gallons
|
1
|
1
| ||
|
Plus surcharges for concentrations of 5-day
biochemical oxygen demand (BOD5) or suspended
solids (SS) in excess of strength of normal domestic sewage (for either
or both):
| ||||
|
BOD5 or SS Concentrations
(milligrams per liter)
|
Percentage of Base Charge
|
Percentage of Base Charge
| |
|---|---|---|---|
|
300 or less
|
0
|
0
| |
|
301 to 400
|
25
|
25
| |
|
401 to 500
|
50
|
50
| |
|
501 to 600
|
75
|
75
| |
|
601 to 700
|
100
|
100
| |
|
Over 701 (as assigned for specific case)
|
|
No fractional units will be charged. The final
figure will be the nearest whole unit.
|
(4)
Toxic wastes. If an industry discharges a toxic pollutant
which causes an increase in the costs of treatment, effluent disposal,
sludge treatment or disposal of the sludge, such added costs will
be billed directly to the responsible industry.
(5)
Examples of calculation of points for industrial user.
(a)
Example 1: fifty-employee industry, no showers,
BOD5 of 475 milligrams per liter and suspended
solids of 325 milligrams per liter, process total flow of 5,000,000
gallons per year:
|
Employees sanitary (50 x 1 unit per employee)
|
50
| ||
|
Process base charge (5,000,000 gal/12,000 gal/unit)
|
416.7
| ||
|
Plus surcharges:
| |||
|
BOD5 (416.7 x 50%)
|
208.4
| ||
|
SS (416.7 x 25%)
|
104.2
| ||
|
Total unit charges
|
779.3 or 779
| ||
(b)
Example 2: fifty-employee industry, with showers,
BOD5 of 475 milligrams per liter and suspended
solids of 290 milligrams per liter, process waste flow of 5,000,000
gallons per year:
|
Employees sanitary (50 x 1.5 units per employee)
|
75
| ||
|
Process base charge (5,000,000 gal/12,000 gal/unit)
|
416.7
| ||
|
Plus surcharges:
| |||
|
BOD5 (416.7 x 50%)
|
208.4
| ||
|
SS (416.7 x 0%)
|
0
| ||
|
Total unit charges
|
700.1 or 700
| ||
(c)
Example 3: fifty-employee industry, no showers,
no process wastewater flow, but has 500,000 gallons of noncontact
cooling water draining to sanitary sewers:
|
Employees sanitary (50 x 1 unit per employee)
|
50
| |
|
Process base charge
|
0
| |
|
Surcharges
|
0
| |
|
Cooling water (500,000/6,000 gals/unit)
|
83.3
| |
|
Total unit charges
|
133.3 or 133
|
|
Upon elimination of cooling water flow, the
assessment would be only 50 units.
|
The Board of Trustees shall review not less
often than every two years the wastewater contribution of users and
user classes, the total costs of operation and maintenance of the
treatment works and its approved user charge system. The Board of
Trustees shall revise the charges for users or user classes to accomplish
the following:
A.
Maintain the proportionate distribution of operation
and maintenance costs among users and user classes as required herein.
B.
Generate sufficient revenue to pay the total operation
and maintenance costs necessary to the proper operation and maintenance
(including replacement) of the treatment works.
C.
Apply excess revenues collected from a class of users
to the costs of operation and maintenance attributable to that class
for the next year and adjust the rate accordingly.
Each user and vacant parcel owner shall be notified
annually, in conjunction with a regular bill, of the rate and that
portion of the user charges which are attributable to wastewater treatment
services. Such notification shall be broken down to show separate
charges and rates for operation and maintenance and debt service repayment.
The Village may have preexisting agreements
which address the reservation of capacity in the Village's treatment
works or the charges to be collected by the Village in providing wastewater
treatment services or reserving capacity. The user charge system contained
in this article shall take precedence over any terms or conditions
of agreements or contracts between the Village and users (including
industrial users, special districts, other municipalities or federal
agencies or installations) which are inconsistent with the requirements
of federal regulations.
There is hereby established and imposed an annual sewer charge on all users and vacant parcel owners, except such owners as may be exempt under the schedule contained in § 79-39 of this article, to be determined by multiplying the rate charge times the number of units assigned to each user and/or vacant parcel owner based upon the schedule of units of use in § 79-39 of this article. The rate shall be established annually by the Board of Trustees at the time of the adoption of the Village budget.
The following is an example of the manner in
which user charges will be calculated under this article:
A.
Example.
(1)
If total operation and maintenance (O and M) expenditures
are $105,000 and total units are 21,563, the charge per unit for operation
and maintenance would be:
|
$105,000
21,563 units
|
= $4.869 per unit or $4.87
| |
|
Typical home: 10 units x $4.87 = $48.70/year,
O and M
| ||
|
Industry: 465 units x $4.87 = $2,264.55/year,
O and M
| ||
(2)
If debt service expenditures total $87,000 and total
units assessed for debt service are 24,656, the charge per unit for
debt service would be:
|
$87,000
24,656 units
|
= $3.529 per unit or $3.53
| |
|
Typical home: 10 units x $3.53 = $35.30/year,
debt service
| ||
|
Industry: 465 units x $3.53 = $1.641.45/year,
debt service
| ||
|
Vacant lot within 100 feet of sewers:
| ||
|
2 units x $3.53 = $7.06/year, debt service
| ||
(3)
In this example, the total annual charges would be:
|
Units
|
O and M
|
Debt Service
|
Total
| ||
|---|---|---|---|---|---|
|
Typical home
|
10
|
$48.70
|
$35.30
|
$84.00
| |
|
Industry
|
465
|
2.264.55
|
1,641.45
|
3,906.00
| |
|
Vacant lot
|
2*
|
0
|
7.06
|
7.06
|
|
*
|
NOTE: Debt service only.
|
A.
Bills for sewer charges shall be rendered annually
on the first day of June and shall be paid in four quarter-annual,
equal installments. Quarter-annual installments shall be payable on
the first days of June, September, December and March of each fiscal
year of the Village. There shall be charged a penalty on past due
quarter-annual installments of sewer charges at the rate of 5% thereof
for the first month after the same shall become due and an additional
charge of 1/2 of 1% for each month and fraction thereof thereafter
until paid or included in the annual Village tax levy.
B.
If any such quarter-annual installment of sewer charges remains unpaid for a period of 60 days from the billing date, water service to the property may be discontinued until such installment, together with penalties hereinbefore provided and together with the charges provided in § 95-10D of Chapter 95 of this Code to cover the expenses of discontinuance and restoration of service, is paid. Discontinuance of water service shall be at the discretion of the Board of Trustees.
C.
Sewer charges shall constitute a lien upon the real
property served by the sewer system or such part or parts thereof
for which sewer charges shall have been imposed as and from the first
day fixed for the payment of such sewer charges. The lien shall be
prior and superior to every other lien or other claim, except the
lien of an existing tax, assessment or other lawful charge imposed
by or for the State of New York or a political subdivision or district
thereof.
D.
The Board of Trustees may bring and maintain an action
as upon a contract for sewer charges in arrears or to foreclose liens
for such sewer charges.
E.
As an alternative to the maintenance of any such action referred to in Subsection D of this § 79-45, the Board of Trustees may annually cause a statement to be prepared setting forth the amount of each lien for sewer charges in arrears, including penalties computed to the first day of the month following the month in which the fiscal year commences; the real property affected thereby; and the name of the person in whose name such real property is assessed. Such statement shall be presented to the Board of Trustees on or before a date to be specified by the Board of Trustees, and the Village Clerk shall enter the same or an abstract thereof in the minutes of the meeting at which it is presented. The Board of Trustees shall include such amounts in the annual Village tax levy and shall levy the same upon the real property in default. Such amounts shall be set forth in a separate column in the annual tax rolls.
