A. Pursuant to the authority of the Sewer Rent Law, being Article 14-F (§ 450 et seq.) of the General Municipal Law of the State of New York, any and all amendments thereto, there is hereby established and imposed an annual sewer rent on all users, to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule of units of use in §
75-49 of this article. The number of units assigned to multi-use property shall be established by totaling units for all uses.
B. The term "sewer rents" shall mean a scale of annual
charges established and imposed by resolution of the Sewer Commission
for the use of the sewer system. Such charges may be based on either
the consumption of water on the premises connected with and served
by the sewer system or such part or parts thereof, the number and
kind of plumbing fixtures on the premises connected with and served
by the sewer system or such part or parts thereof, the number of persons
served on the premises connected with and served by the sewer system
or such part or parts thereof, the volume and character of sewage,
industrial waste and other wastes discharged into the sewer system
or such part or parts thereof, or upon any other equitable basis determined
by the Sewer Commission, including but not limited to any combination
of the foregoing. Said rent may include amortization of capital costs,
as well as operational and maintenance costs.
C. The principal basis for establishment of sewer use
rental charges shall be known as a "unit." A unit is equated to any
single-family residence using 0 to 2,000 cubic feet of water consumption
per quarter connected to the sewer system, or the equivalent measurement
expressed in gallons, and may be expressed in tenths of a unit. The
annual rental charge will be expressed in terms of units or units
and tenths thereof, unless otherwise described.
D. In the event that any property is determined to be
subject to more than one classification under the Sewer Unit Charge
Schedule established by this chapter, that classification shall apply which produces the greater
number of units.
E. If any property is divisible into two or more number
of units, the units assignable to each shall be determined, and the
total thereof shall be assigned to the particular account.
The unit charge will be established annually
by the Sewer Commission, which shall determine the total number of
units by April 15 of the preceding year for collection of the annual
sewer rent. Where no previous data is available, the Sewer Commission
will make an estimate of the equivalent units per user. In computing
the first user charge, the Sewer Commission may utilize data concerning
water consumption from the year previous to the commencement of operations
of the sewage treatment plant constructed by the Sewer Commission.
Sewer rentals established herein shall accrue
as of December 1, 1983; provided, however, that until the new wastewater
facilities presently under construction are certified for their intended
use, sewer rentals may be charged only for amortization of capital
cost and debt service, and may not be based upon operation and maintenance.
No part of the annual sewer rent may be based upon operation and maintenance
costs until the system is operational.
The first bill of sewer rent may be sent on
February 1, 1984. Thereafter, sewer rents shall become payable the
first day of February, May, August and November of each year in an
amount equal to 1/4 of such annual sewer rent.
[Amended 4-11-1989 by L.L. No. 2-1989; 4-29-1997 by L.L. No.
2-1997; 2-14-2006 by L.L. No. 1-2006]
A. The sewer unit charge schedule is hereby established
as follows:
Shortsville - Manchester Joint Sewer Project
|
---|
Number of Units
|
Water
(cubic feet)
|
Charge
|
---|
1.0
|
0-2,000
|
$60
|
1.1
|
2,001-2,200
|
$66
|
1.2
|
2,201-2,400
|
$72
|
1.3
|
2,401-2,600
|
$78
|
1.4
|
2,601-2,800
|
$84
|
1.5
|
2,801-3,000
|
$90
|
1.6
|
3,001-3,200
|
$96
|
1.7
|
3,201-3,400
|
$102
|
1.8
|
3,401-3,600
|
$108
|
1.9
|
3,601-3,800
|
$114
|
2.0
|
3,801-4,000
|
$120
|
2.1
|
4,001-4,200
|
$126
|
2.2
|
4,201-4,400
|
$132
|
2.3
|
4,401-4,600
|
$138
|
2.4
|
4,601-4,800
|
$144
|
2.5
|
4,801-5,000
|
$150
|
2.6
|
5,001-5,200
|
$156
|
2.7
|
5,201-5,400
|
$162
|
2.8
|
5,401-5,600
|
$168
|
2.9
|
5,601-5,800
|
$174
|
3.0
|
5,801-6,000
|
$180
|
3.1
|
6,001-6,200
|
$186
|
3.2
|
6,201-6,400
|
$192
|
3.3
|
6,401-6,600
|
$198
|
3.4
|
6,601-6,800
|
$204
|
3.5
|
6,801-7,000
|
$210
|
3.6
|
7,001-7,200
|
$216
|
3.7
|
7,201-7,400
|
$222
|
3.8
|
7,401-7,600
|
$228
|
3.9
|
7,601-7,800
|
$234
|
4.0
|
7,801-8,000
|
$240, etc.
|
B. On or after January 1, 2007, the sewer unit charge
schedule may be amended by resolution in accordance with New York
State General Municipal Law § 452, provided that such resolution
shall be adopted only after a public hearing upon five days' public
notice.
[Added 2-14-2006 by L.L. No. 2-2006]
[Added 4-29-1997 by L.L. No. 2-1997]
Owners of property located outside of the Village limits of the Village of Shortsville, which properties are connected to the Village sewer system, shall pay a charge of 1 1/2 times the amount set forth in the sewer unit charge schedule as specified in §
75-49 of this chapter of the Code of the Village of Shortsville.
The sewer rents described herein shall be imposed
upon all users within the "sewer service area" as defined in this
chapter.
A. Revenues derived from sewer rents, including penalties
and interest, shall be credited to a special fund, to be known as
the "Sewer Rent Fund." Moneys in such fund shall be used in the following
order:
(1) For the payment of the costs of operation, maintenance
and repairs of the sewer system, or such part or parts thereof for
which sewer rents have been established and imposed.
(2) For the payment of the interest on and amortization
of or payment of indebtedness which has been or shall be incurred
for the construction of the sewer system, or such part or parts thereof
for which sewer rents have been established and imposed (other than
indebtedness and the interest thereof which is to be paid in the first
instance from assessments upon benefited real property).
(3) For the construction of sewage treatment and disposal
works with necessary appurtenances, including pumping stations, or
for the extension, enlargement or replacement of or additions to such
sewage systems, or part or parts thereof.
B. Such revenues from sewer rents shall not be used to
finance the cost of any extension of any part of a sewer system (other
than any sewage treatment and disposal works with necessary appurtenances,
including pumping stations) to serve unsewered areas if such part
has been constructed wholly or partly at the expense of real property
especially benefited, or for the payment of the interest on and the
amortization of or payment of indebtedness which is to be paid in
the first instance from assessments upon benefited real property.
Each property owner will receive written notice
of the number of units attributed to it on the face of each quarterly
bill and shall have the right to appeal the determination by notifying
the Sewer Commission in writing within 30 days. Sewer use bills shall
be sent to the owner of the property, as differentiated from the renter
or occupant of the property, and shall be a charge against the property
as provided by law.
The list of equivalent units shall be established
by the Sewer Commission by April 15 each year.
[Amended 4-29-1997 by L.L. No. 2-1997]
Owners and/or users of structures or developments
that connect to the sewer system for only a portion of the sewer use
rental year shall pay a full quarterly incremental payment beginning
with the quarter in which the connection was first made and for subsequent
quarters thereafter.
A. Sewer rental billings shall be payable upon presentation
and, if not paid within 20 days of billing, shall be subject to a
penalty of 10%, which shall in every case be added.
B. Any unpaid sewer rental on April 15 shall be added
to the Village taxes levied each year and collected and enforced in
the same manner and at the same time as provided by law for the collection
and enforcement of Village taxes. Such unpaid taxes shall be added
to the tax levy for the Village of Shortsville if the property served
is situated in that Village, and to the Village of Manchester, if
in that Village.
[Amended 11-4-1985 by L.L. No. 1-1985]
A. Each user which discharges any toxic pollutants which
cause an increase in the cost of managing the effluent or the sludge
of the treatment works shall pay, in addition to any other penalty
provided by this chapter and/or any other law, rule or regulation,
for such increased cost.
B. Each user which discharges any toxic pollutants which
cause an increase in the quantity of waste that exceeds the limits
set in this chapter shall pay a surcharge computed by dividing the
total amount of pollutants by the limit and then multiplying that
number by the user's total quarterly cost.
The Sewer Commission shall review, at least
biannually, the wastewater contributions, the total cost of operation
and maintenance of the system and its approved user charge system,
and revise as needed.
A. The cost of operation and maintenance of all extraneous
flow treatment shall be distributed among all users.
B. In determining user costs, there shall be no discounts
for large users.
The user charge system created and imposed herein
shall take precedence over any inconsistent agreements between the
Village of Shortsville and the Village of Manchester and its present
users.
Users of the sewers who are not utilizing the
public sewer at the inception of this chapter and who are compelled
to connect to the public sewer subsequently shall pay sewer rent for
the first full quarter during which such service is rendered.
A. Partial payments of sewer rentals are not acceptable.
All rentals must be paid in full.
B. Payments upon unpaid, delinquent sewer rentals must
first be applied to the oldest unpaid bill.
Bills shall be rendered on the basis of one
bill per meter (water meter), and the Sewer Commissioners shall not
be obliged to render multiple billings to users who have multiple
units serviced by a single water meter.
The Sewer Commissioners shall be authorized
to hear appeals for an adjustment of any bill for sewer rental sent
to an empty unit and shall be authorized to charge for debt service
only if inspection of the particular premises discloses that there
was no usage of the system during a particular quarter.
In the case of multiple users of premises served
by the public sewer, the Sewer Commissioners shall determine the number
of units to be billed, based upon water usage and actual occupancy.
Therefore, combined usages, such as residential in combination with
business (such as, but not limited to, customary home occupations
and the like), may result in a charge for additional units.
Users of public sewers who are not also users
of public water shall be billed for a minimum of two units per quarter.
[Amended 1-8-2002 by L.L. No. 1-2002]
The permit fees and inspection fees established
by this chapter shall be set forth in a Schedule of Fees on file in
the office of the Village Clerk/Treasurer, which schedule may be changed
from time to time by resolution of the Village Board.