The purpose of this article shall be to generate revenue to
pay all costs for operation and maintenance for the entire facility
of Kings Acres Sewer District and to pay the costs for the treatment
plant. These costs are associated with the Kings Acres development
and its sewage treatment plant.
Sewer charges shall be used for deriving revenues for financing
and maintaining sewage collection and treatment facilities. The funds
derived from these charges shall be used for all municipal expenses
associated with constructing, improving or maintaining a sewerage
system, including engineering, planning, construction, reconstruction
of sewers, wastewater treatment works and all necessary appurtenances
thereto, including pumping stations, extensions, enlargement, replacement
or additions to the sanitary sewer systems or the preliminary or other
studies and surveys relative thereto and for the acquisition of land
or rights-of-way for any of the capital improvements.
Each owner of real property located within the limits of the Kings Acres Sewer District shall pay a sewer capital charge. The sewer capital charge will be levied and collected annually. The amount levied and collected will be the amount the sewer district is obligated to pay for principal and interest on its outstanding sewer serial bonds and/or BANs. The amount levied shall be distributed to all owners of real property located within the limits of the sewer district in proportion to the relative benefits derived therefrom. This distribution shall be derived by apportioning the total sewer capital costs among all owners of real property in proportion to the number of units of all real property located within the Kings Acres Sewer District. The classification of units set forth in §
95-81 shall be the basis of this distribution.
The Stockport Town Board shall consider and include such factors
as strength (BOD and SS), volume and delivery flow rate characteristics
as the basis for each user class contribution to ensure a proportional
distribution of capital charges to each user class. Upon such consideration,
the Stockport Town Board shall establish a system of classification
of capital charge units and shall assign the number of units to each
class on the following basis:
A. Users or nonusers within the average residential user (i.e., single-family
residence) class shall be assigned one unit of capital charge.
B. One unit of capital charge shall be assigned to users and nonusers
within other classes for each quantity of use equivalent to that of
the average residential user.
C. The capital charge to be paid shall be determined from the following
schedule:
|
Classification
|
Units of Use
|
---|
|
Single-family residence
|
1
|
|
Vacant building lot
|
1/2
|
|
Vacant land
|
1/2 per 10 acres
|
The Town Board shall review the total annual cost of operation
and maintenance, as well as each user class's wastewater contribution
percentage, not less often than every two years and will revise the
system as necessary to assure equity of the service charge system
established herein and to assure that sufficient funds are obtained
to adequately operate and maintain the wastewater treatment works.
If it is determined that excess revenues have been collected from
a class of users, the excess revenues from that class of users shall
be applied to the costs of operation and maintenance attributable
to that class for the next year, and the number of units of use assigned
to that class of users shall be adjusted accordingly.
Any sums that shall remain unpaid in accordance with §
95-85 of the Town of Stockport Town Code shall be certified by the Stockport Town Clerk as the amount due and payable to the Town Board, and shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of Town taxes, and it shall be the duty of the Town Clerk to charge and collect interest thereon at the same rate specified for the collection of Town taxes, notwithstanding the 1% penalty assessed by the Town in accordance with §
95-85.
All owners of real property located within the limits of Kings
Acres Sewer District, including tax-exempt properties, must pay sewer
capital charges. All users of the facilities of the Kings Acres Sewer
District, including tax-exempt properties, must pay sewer user charges.
This system of service charges shall take precedence over any
terms or conditions of agreements or contracts between the grantee
and users (including industrial users, special districts, other municipalities
or state and federal agencies or installations) which are inconsistent
with § 204(b)(1)(a) of the Clean Water Act (33 U.S.C. § 1251
et seq., as amended) or the 40 CFR Part 35 rules and regulations.