Pursuant to Article 14-F of the General Municipal Law, there is hereby established and imposed a system of sewer rents, which shall be applicable to the owner of every using premises within the service areas of the Sag Harbor Village Sewerage System in accordance with the provisions of this article, and which shall consist of both annual unit charges and water use charges, as hereinafter set forth. In each year, the aggregate of annual unit charges and water use charges fixed and determined as provided in this article shall be of an amount sufficient to yield a total annual revenue which shall equal or shall exceed the sum of the anticipated total maintenance cost and total operating expenses of the public sewer system, excluding building sewers and all costs specified by any provision of Chapter 220 as being the sole responsibility of the user or owner of premises, for the next succeeding 12 months.
A.
There shall be allocated to and imposed upon the owner of each and every using premises an annual unit charge, which shall be the sum of all basic unit charges, as set forth in Subsection A(1) of this section, and any and all applicable unit surcharges, as set forth in Subsection A(2).
(1)
The following basic unit charges are hereby established:
|
Type of Premises
|
Basic Unit Charge
| ||
|---|---|---|---|
|
Single-family dwelling house or condominium unit
|
1 unit (residential)
| ||
|
Duplex house, apartment building, rooming house, multiple dwelling
or any other structure designed, intended or offered for residential
occupancy by 2 or more families
|
1 unit per dwelling unit (residential)
| ||
|
Hotel or motel
|
1/3 unit per rental unit
| ||
|
Hotel or motel efficiency unit
|
2/3 unit per rental unit
| ||
|
Laundry
| |||
|
Effective June 1, 2001
|
15 units
| ||
|
Effective June 1, 2002
|
16 1/2 units
| ||
|
Effective June 1, 2003
|
18 units
| ||
|
Effective June 1, 2004
|
19 1/2 units
| ||
|
Effective June 1, 2005
|
21 units
| ||
|
Effective June 1, 2006
|
22 1/3 units
| ||
|
Health club
|
5 units
| ||
|
Dry cleaners
|
3 units
| ||
|
Business, mercantile or commercial establishment, factory or
office of every kind or nature without exception, and every type of
premises not otherwise classified herein: for each enterprise located
therein, according to the number of workers there employed, as follows:
| |||
|
Fewer than 10 workers
|
1/3 unit
| ||
|
10 to 49 workers
|
1/2 unit
| ||
|
50 to 99 workers
|
3/4 unit
| ||
|
100 or more workers
|
1 unit
| ||
(2)
In addition to the basic unit charges specified in Subsection A(1) of this section, unit surcharges are hereby established with respect to the following classes of enterprises:
[Amended 7-11-2017 by L.L. No. 10-2017]
|
Type of Enterprise
|
Unit Surcharge
| ||
|---|---|---|---|
|
Restaurants, taverns, snack bars, nightclubs and any and every
other establishment where food or drink is offered for on-premises
consumption: for each such enterprise, according to its service capacity,
as follows:
| |||
|
Fewer than 25 patrons
|
1 unit
| ||
|
25 to 49 patrons
|
2.25 units
| ||
|
50 to 74 patrons
|
3.25 units
| ||
|
75 to 99 patrons
|
4.25 units
| ||
|
100 to 124 patrons
|
5.25 units
| ||
|
125 to 149 patrons
|
6.25 units
| ||
|
150 to 174 patrons
|
7.25 units
| ||
|
In addition to the unit charges specified above, the unit surcharge
shall increase by 1 unit for each increment of 24 patrons.
| |||
|
Yacht clubs, marinas, boat basins and other similar enterprises
which provide shower, rest room or laundry facilities to members or
customers, excluding, however, shipyards or other facilities devoted
exclusively to the repair and storage of boats ashore: for each such
enterprise, according to the number of slips available, as follows:
| |||
|
Fewer than 25 slips
|
1/6 unit
| ||
|
25 to 74 slips
|
1/3 units
| ||
|
75 or more slips
|
2/3 units
| ||
(3)
Any hotel or motel rental unit which is used, occupied or offered
for rental, use or occupancy as an apartment or on a month-to-month
basis or for a term in excess of one month or on the basis of a tariff
or schedule of rents for which the monthly rate is less than 50% of
a number equal to the daily rate multiplied by 30, whether or not
such rental unit is in fact occupied and whether or not a rent or
charge is made therefor, shall be classed as a dwelling unit as to
which a basic unit charge of one unit shall apply.
B.
In the case of any premises divisible into two or more classifications,
the number of chargeable units in each classification shall be determined,
and the sum thereof shall be applicable to the premises as a whole.
C.
The annual unit charge allocated and imposed hereby shall apply to
all using premises, even though all or part thereof may be used only
seasonally or may be unoccupied.
D.
Sewer utilization certificates.
(1)
The owner of each and every using premises shall file or cause
to be filed with the Village Treasurer one or more sewer utilization
certificates, each of which shall be made and subscribed by a person
having direct personal knowledge of the facts therein disclosed, which
person shall be bound, under penalties of perjury, to the truthful
and accurate disclosure of the information contained therein.
(a)
As to any premises which shall be a using premises on August
1, 1976, such certificate shall be filed not earlier than August 1,
1976, nor later than August 15, 1976.
(b)
As to any premises which shall become a using premises after August 1, 1976, or with respect to which an application for a permit pursuant to Article III of this chapter shall be filed after August 1, 1976, such certificate shall be filed 30 days prior to any interconnection with or use of the sewer system.
(c)
As to any using premises with regard to which there has been
any permanent change of use, such certificate shall be filed within
30 days of such change.
(d)
As to any premises with regard to which the Village Treasurer
has sent to the owner by certified mail at such owner's last known
address a written request therefor, such certificate shall be filed
within 30 days of the mailing of such request.
(2)
A separate certificate shall be filed with respect to each enterprise,
business, mercantile or commercial establishment, factory, office,
dwelling unit, restaurant, tavern, snack bar, nightclub, theater,
auditorium, movie house, amusement hall, marina or yacht club maintained
or operating on any premises; except that the owner of any premises
used exclusively as a duplex house, an apartment building, a rooming
house or a multiple dwelling may file a single certificate covering
all dwelling units located therein, and the owner of any premises
used exclusively as a hotel or motel may file a single certificate
covering all rental units located therein.
(3)
The Board of Trustees shall by resolution prescribe the form
of this certificate and its contents, so as to elicit information
relevant to the proper determination of sewer rents for each using
premises.
(4)
Each certificate shall be accompanied by a filing fee of $10,
which sum may be changed from time to time by resolution of the Board
of Trustees.
(5)
The failure to file any certificate required by this section
shall render the premises liable to a unit surcharge of two units,
in addition to all other charges, with respect to each certificate
not so filed, except that a majority of the Board of Trustees may,
upon application by the owner of the premises and for good cause shown,
waive or mitigate this penalty.
(6)
Notwithstanding any other provision of law, the failure of any owner to file a sewer utilization certificate with regard to any using premises or any part thereof or any enterprise conducted therein which constitutes a nonconforming use within the meaning of Article X of Chapter 300, Zoning, of this Code, shall constitute an immediate abandonment of any right to continue or to reestablish such nonconforming use.[1]
E.
Classification.
(1)
The Village Treasurer shall classify each and every using premises according to the system of classification established in Subsection A of this section. Such classification shall be recorded in a register maintained for that purpose in a form which the Board of Trustees shall by resolution prescribe, which register shall be available for public inspection during all usual business hours.
(2)
Using premises shall be classified or reclassified according
to the following schedule:
(a)
Any premises which shall be a using premises on August 1, 1976,
shall be classified as of August 1, 1976, and such classification
shall be recorded on or before September 1, 1976.
(b)
Any premises which shall become a using premises after August
1, 1976, shall be classified as of the date it becomes a using premises,
and such classification shall be recorded within 30 days thereafter.
(c)
Any using premises with regard to which there has been any permanent
change of use shall be reclassified as of the date of such change,
and such reclassification shall be recorded within 30 days thereafter.
(3)
In determining the proper classification of any using premises,
the Village Treasurer shall consider both the content of any sewer
utilization certificate or certificates that have been filed and the
result of any physical inspection of the using premises that may be
made by the Superintendent of Sewers at the Village Treasurer's request.
(4)
The Village Treasurer shall give written notice, by mail, of
any initial classification or of any reclassification to the owner
of the premises affected thereby not less than 10 days prior to the
date such classification or reclassification is recorded.
(5)
The owner of any using premises aggrieved or adversely affected by any decision of the Village Treasurer with regard to classification may, within 30 days of the giving of notice of such classification as provided in Subsection E(4), appeal such decision to the Board of Trustees by filing such notice as may be prescribed for that purpose. The Board of Trustees shall thereupon hold a hearing to review such classification, following which the classification complained of may be affirmed or modified.
F.
The annual unit charge for any premises with regard to which there has been any permanent change of use shall be adjusted, pro rata, as of the date of such change; and the Village Treasurer shall, on the first day of September next following such change, make an appropriate adjustment by a credit or debit to the annual unit charge for the next succeeding year; except that with respect to any premises not theretofore a using premises which first becomes a using premises after August 1, 1976, an adjusted unit charge shall be payable as provided in § 220-6.4C(1).
G.
The Board of Trustees may, from time to time, by adoption of a resolution
after a public hearing upon five days' public notice, change the annual
unit charges for commercial and residential premises. respectively.
The changes may be made at the time of the adoption of the sewer budget
or at special meetings of the Board, following public notice and a
hearing.
A.
There shall be imposed upon the owner of each and every using premises
an annual water use charge based upon the quantity of water from any
and every source consumed upon such premises.
B.
In the case of using premises served by the Suffolk County Water
Authority, the water use charge shall be based upon water consumption
metered by the Authority.
C.
The owner of any using premises served in whole or in part by a water
source other than the Suffolk County Water Authority shall, at such
owner's own cost and expense, install and maintain with respect to
each and every such other water source, an accurate, tamperproof water
meter with a remote reading device, of a type approved by the Superintendent.
In the case of any such using premises, the water use charge shall
be based upon the sum of all consumption so metered, together with
the consumption metered by the Authority, if any. In the event that
an owner obliged to install a water meter pursuant to this section
fails to do so within 30 days after notice, the Village shall install
such meter; and the owner shall be liable to the Village for all expenses
in connection therewith.
D.
The owner of any using premises of the type described in § 220-6.2A(2) may, at such owner's own cost and expense, elect to separately meter any line or lines which are used exclusively to provide dockside water for the washing of boats or other watercraft or for the filling of freshwater tanks aboard vessels there moored. Water so supplied and so metered shall be excluded from the computation of water use charges but shall not be used for any purpose other than as aforesaid.
E.
The Board of Trustees shall, by adoption of a resolution after a
public hearing upon five days' public notice, fix and determine the
total revenues to be raised by the water use charge in each year and
the amount to be so raised in each calendar quarter. The quarterly
water use charge, per hundred cubic feet of water consumed, shall
be equal to the quarterly revenues to be raised, as fixed by such
resolution, divided by the total metered water consumption during
such quarter of all users subject to the water use charge. Such resolution
shall become effective immediately upon its adoption and shall remain
in effect until superseded, modified or repealed by subsequent resolution.
F.
The Board of Trustees may, by resolution, establish a minimum quarterly water use charge in a fixed amount, to be paid by users subject to the water use charge only under the following circumstances. For each calendar quarter in which the amount of a user's quarterly water use charge, as determined pursuant to Subsection E above based on total metered water consumption during the calendar quarter, is less than the minimum fixed amount established pursuant to this Subsection F, such user shall pay said minimum fixed amount for such calendar quarter. Any resolution adopted pursuant to this Subsection F shall become effective immediately upon its adoption and shall remain in effect until superseded, modified or repealed by subsequent resolution.
A.
The sewer rents imposed by this article shall be applicable only
to using premises, as herein defined, situate within a designated
service area; but that portion of the total sewer rent comprising
water use charges shall become effective only when the Village of
Sag Harbor sewage treatment plant has commenced operation.
B.
Any premises situate in a service area which shall be a using premises
on August 1, 1976, shall be subject to the sewer rents imposed by
this article, as follows:
C.
Any premises situate in a service area which shall become a using
premises after August 1, 1976, shall be subject to the sewer rents
imposed by this article, as follows:
(1)
Unit charges: an adjusted unit charge for the first year prorated
by the number of days between the date such premises becomes a using
premises and the next succeeding August 31, divided by 360, which
shall be billed on the date such premises becomes a using premises
and which may be paid without penalty at the office of the Village
Treasurer within 30 days thereafter.
(2)
Water use charges: metered consumption, commencing on the date
such premises becomes a using premises or on the date the Village
of Sag Harbor sewage treatment plant commences operation, whichever
is later.
D.
Any premises situate in a service area that is or shall be obliged
to interconnect to the sewer system pursuant to this chapter shall
be conclusively deemed to have become a using premises for purposes
of this article on the date upon which such mandatory interconnection
should have been made, regardless of whether or not physical interconnection
was effected.
The sewer rents imposed by this article shall be billed as follows:
A.
Unit charges shall be billed annually on October 1 of each year and may be paid without penalty at the office of the Village Treasurer on or before October 31; except that, with respect to any premises not theretofore a using premises which first becomes a using premises after August 1, 1976, an adjusted unit charge shall be payable as provided in § 220-6.4C(1).
B.
Water use charges shall be billed and may be paid without penalty
at the office of the Village Treasurer Authority quarterly, as follows:
|
Quarter
|
Billing Date
|
Payment Dates
| |
|---|---|---|---|
|
February 1 to April 30
|
June 1
|
June 1 to June 30
| |
|
May 1 to July 31
|
September 1
|
September 1 to September 30
| |
|
August 1 to October 31
|
December 1
|
December 1 to December 30
| |
|
November 1 to January 31
|
March 1
|
March 1 to March 30
|
There is hereby imposed a penalty of 1 1/2% per month for
delinquency in the payment of sewer rents or any other charges or
liabilities imposed by this chapter; notwithstanding, no penalty shall
be imposed for the late payment of 2005-2006 sewer water use charges
during the period November 1, 2005 to May 1, 2006.
In accordance with § 452, Subdivision 3, of the General
Municipal Law, sewer rents shall constitute a lien upon the premises
upon which they have been imposed.
The Village Treasurer shall cause delinquent sewer rents to be collected by suit upon contract or quasi-contract, foreclosure of lien, presentation to the Board of Trustees for inclusion in the tax levy or otherwise, according to law and as authorized under General Municipal Law § 120-cc. Any claim for delinquent sewer rents may include interest and penalties thereon in accordance with § 220-6.6.
A.
A sewer connection fee of $20 per gallon based on the schedule set
forth herein or $2,000, whichever is greater, shall be paid to the
Village of Sag Harbor for each connection to be made to the municipal
sewer. In case of using premises, the fee shall be determined for
each additional unit not heretofore connected to the sewer. This section
shall apply to all premises within the district except premises known
as SCTM 903-3-4-14 and SCTM 903-2.2-1-1 to 32. The sewer connection
fee shall be set from time to time by resolution of the Board of Trustees.
|
Fee Schedule
| ||
|---|---|---|
|
Type of Unit
|
Fee Basis
(gallons per day)
| |
|
Residential Single
Dwellings, Condominiums and Apartments
| ||
|
1-bedroom
|
150
| |
|
2-bedroom
|
225
| |
|
3-bedroom
|
338
| |
|
4-bedroom
|
450
| |
|
Efficiency apartment
|
100
| |
|
Commercial
| ||
|
Tourist camp
|
60/unit
| |
|
Trailer park
|
150/trailer
| |
|
Theater
|
3/seat
| |
|
Drive-in theater
|
5/car
| |
|
Bowling alley*
|
100/alley
| |
|
Tennis courts
|
100/court
| |
|
Racquetball courts
|
100/court
| |
|
Office space (per shift)
|
0.10/square foot
| |
|
Office space with lunchroom (per shift)
|
15/square foot
| |
|
Warehouse
|
12/employee
| |
|
Industrial building (per shift)*
|
17/employee
| |
|
Restaurant
|
30/seat
| |
|
Bar
|
15/seat
| |
|
Food markets
|
0.05/square foot
| |
|
Dry stores
|
0.03/square foot
| |
|
Restaurant/takeout
|
1.5/square foot
| |
|
Catering establishment
|
20/seat
| |
|
Delicatessen without restaurant
|
750/store
| |
|
Laundromat
|
400/machine
| |
|
Motel or hotel
|
75/unit
| |
|
Institutional
| ||
|
Public gathering place
|
2/person
| |
|
Churches
|
1.5/seat
| |
|
Day school with cafeteria+
|
10/student
| |
|
Day school
|
5/student
| |
|
Boarding school
|
75/student
| |
|
Swimming pools
|
5/person
| |
|
Country club**
|
16/person
| |
|
Hospital
|
300/bed
| |
|
Nursing home
|
150/bed
| |
|
Medical arts
|
250/suite
| |
|
NOTES:
| ||
|---|---|---|
|
Any uses not provided for shall be determined by the Board of
Trustees.
| ||
|
*
|
Process flows are additional.
| |
|
**
|
Food service is additional.
| |
|
+
|
Shower facilities are additional.
| |
B.
All connections to the municipal sewer line shall be at the expense
of the property owner.
C.
The sewer connection fee shall be due and payable on the date of
physical connection to the sewer and may be paid without penalty within
30 days after physical connection to the sewer is made. Upon any change
of use of a premises or part thereof from one type to another type
on the annexed schedule, an additional sewer connection fee, as provided
in this subsection, shall be payable to the extent of any increase
in gallons per day set forth on the annexed schedule; provided, however,
that any prior paid sewer connection fee shall be a credit toward
the later charged sewer connection fee. By way of illustration, not
limitation, if the prior type use was a nursing home and that use
is changed to a hospital, the later charged fee would be 150 gallons
per day per bed (gpd/bed), the difference between the prior paid sewer
connection fee (150 gpd/bed) and the later charged sewer connection
fee (300 gpd/bed). In the case of using premises, with respect to
each additional unit not heretofore connected to the sewer, the owner
of such using premises shall file or cause to be filed with the Village
Treasurer written notice of such physical connection within 30 days
after physical connection to the sewer is made.
A.
Any person subject to the payment of sewer rents or usage charges
imposed by this chapter may appeal to the Village Board of Trustees.
B.
Such appeal shall be commenced by filing objections, in writing, with the Village Clerk within 30 days of the effective date of the adoption of § 220-6.10, and in all subsequent years, within 30 days of the date of the bill for sewer rates or usage charges. No appeal shall be considered if the objection is not received by the Village Clerk within the time specified for filing objections in this subsection.
C.
The appeal shall state the basis for the objection and shall be supported
by documentation, if available.
D.
The burden shall be on the appellant to demonstrate that the sewer
rents as proposed or as applied are:
(1)
Inequitable because the units assigned to the appellant, taking
into account the quantity of the appellant's discharge to the sewage
treatment plant and the impact of the discharge on the ability of
the sewage treatment plant to process received waste, is comparable
to one or more classes of sewer users that have been assigned fewer
units than the appellant; or
(2)
Would result in extraordinary financial hardship, as opposed
to mere financial inconvenience. Specifically, the appellant shall
demonstrate that the appellant's use of the property is a legally
permitted land use under the Village Code, and that imposition of
the proposed or applied rents would preclude or prevent that use of
the property. In order to establish extraordinary financial hardship,
the appellant shall provide to the Village Board of Trustees financial
information satisfactory to the Board for the three years prior to
the appeal (or for the entire period of use by the appellant if less
than three years) so that the Board may be able to determine that
the alleged inability of the appellant to continue its use will be
due to the financial impact of the sewer rent and not to other unrelated
factors.
E.
The burden shall be on the appellant to demonstrate that the usage
charges, which are based on the appellant's Suffolk County Water Authority
bill, are inequitable because the actual water discharged to the Sewage
Treatment Plant by the appellant is significantly less than the quantity
of water acquired from the Suffolk County Water Authority. Usage shall
be considered "significantly less than the quantity of water acquired
from the Suffolk County Water Authority" if the appellant demonstrates
by a preponderance of the evidence that the quantity of water that
appellant actually discharges to the sewage treatment plant is at
least 20% less than the quantity of water acquired by the appellant
based on the appellant's Suffolk County Water Authority bill.
F.
The appellant shall be offered an opportunity to be heard before
the Village Board of Trustees in the matter at a scheduled hearing
within 30 days from the date of the appeal. The Village Board of Trustees,
by resolution, shall render a decision on the appeal within 60 days
of the hearing, which shall modify, alter, change or ratify the rents.
G.
Where the Village Board of Trustees determines that the sewer rent
imposed on the appellant is inequitable when compared to other users
who are similarly situated whose uses have been assigned fewer units
or that extraordinary financial hardship has been demonstrated, so
that the sewer rent should be modified, altered or changed, the Board
shall fix and determine the sewer rent charge applicable to such real
property upon such equitable basis that will eliminate the inequity
or demonstrated extraordinary financial hardship. The relief granted
shall be the minimum necessary to eliminate the demonstrated inequity
or extraordinary financial hardship.
H.
Where the Village Board of Trustees determines that the appellant
has met its burden of proof to show that the quantity of its discharge
to the sewage treatment plant is at least 20% less than the quantity
of water acquired based on its Suffolk County Water Authority bill,
the Board shall fix a new usage charge based on the percentage proven
by the appellant by a preponderance of the evidence.
I.
A change in sewer rent or usage charge granted by the Board of Trustees
shall continue year to year so long as the factual basis for the appeal
which led to the change continues.
(1)
The burden shall be on the owner of the property which is subject
to the sewer rent or usage charge to notify the Board of Trustees
immediately of any change in the factual basis which led to the grant
of an appeal for a change in sewer rent or usage charge and to request
a new determination of sewer rent and/or usage charge based on the
changed facts.
(2)
If the Board of Trustees determines that a change in the factual
basis which caused the Board of Trustees to grant an appeal from a
sewer rent or usage charge occurred, but the property owner did not
notify the Board of such change in factual basis, the owner of the
property shall be liable for a charge equal to two times the difference
between the sewer rent or usage charge billed to said property owner
and the amount that the sewer rent or usage charge would have been
had the property owner notified the Board of Trustees of the change
of facts, retroactive to all charges incurred from the date when the
change in facts first occurred.
J.
Where an appeal is denied, no future objection to sewer rents by
the appellant may be based on the same reasons given by the appellant
in support of the appeal that was denied.
