[Amended 7-15-2013 by L.L. No. 2-2013]
As used in this Part 3, the following terms shall have the meanings
indicated:
BENEFITTED PROPERTIES
Properties that are either currently connected to the Village's
sewer service, or receive a benefit from the construction of adjacent
or proximate sewer-related improvements, such as, but not limited
to, laterals, lines, pipes and street improvements.
SEWER-USE RENT
The annual charges imposed or levied by the Village of Cornwall-on-Hudson
for the use of, or the availability of use of, the sewer system or
any part or parts thereof. The rent shall include two components,
an operation and maintenance rent (OMR) based upon usage, and a capital
improvement rent (CIR) based upon weighted benefits.
[Amended 6-20-1988 by L.L. No. 1-1988; 8-19-1991 by L.L. No.
7-1991; 4-15-1996 by L.L. No. 1-1996; 3-16-1998 by L.L. No.
2-1998; 4-5-1999 by L.L. No. 3-1999; 7-15-2013 by L.L. No. 2-2013]
The Village of Cornwall-on-Hudson does hereby establish and
impose sewer-use rents for services rendered by the sewer system to
the real property within the corporate limits of the Village as follows:
A. Operation and maintenance rent (OMR).
(1) If a water rent is levied or charged against any real property within
the corporate limits of the Village or against the owners or occupants
of such real property and such real property is served by the sewer
system, the sewer-use rent shall be based on the consumption of water
on the premises and levied or charged against such real property or
the owners or occupants of such property and in such amounts as may
be determined by resolution of the Board of Trustees.
(2) In the case of metered consumers of water supplied by the Village
who contribute to the sewer system an amount of sewage substantially
less than or substantially greater than the amount of water supplied
to such metered consumer by the Village, or in case of owners or occupants
of real property within the Village who are not users of Village-supplied
water but are connected to the sewer system, the Board of Trustees
shall fix and determine the sewer rent applicable to such real property
upon such other equitable basis as shall be determined by the Board.
The Board may require the installation of metering devices on private
wells at the expense of the property owner.
B. Capital improvement rent (CIR).
(1) Capital improvement rent shall be paid by all benefitted properties
within the Village, for any capital improvement costs deemed a system-wide
improvement by the Board of Trustees. Such capital improvement costs
shall also include any expenses incurred by the Village of Cornwall-on-Hudson
associated with capital improvements made or to be made at the Town
of Cornwall's Shore Road Wastewater Treatment Plant. Owners of
properties that are not connected to the Village's sewer service
and/or that are not proximate to sewer-related improvements may request
an exemption from capital improvement rent.
(2) Property classifications and unit values.
(a)
The Board of Trustees, in collaboration with the Cornwall-on-Hudson
Building Department, will confirm property classifications and does
hereby establish a Schedule of Property Classifications and Number
of Unit Values for properties and/or uses within the Village:
Schedule of Property Classifications and Number of Unit
Values
|
---|
Property Classification
|
Number of Unit Values
|
---|
Vacant lot (per acre or any part thereof)
|
5
|
Single-family dwelling
|
10
|
Two-family dwelling
|
20
|
Multifamily dwelling (per dwelling unit)
|
10
|
Dwelling with office or home occupation
|
15
|
Commercial establishments (unless specifically listed elsewhere
in this schedule)
|
25
|
Restaurant: no more than 20 seats
|
20
|
Restaurant: 21 to 50 seats
|
35
|
Restaurant: 51 to 80 seats
|
50
|
(b)
For properties with more than one property classification, the
number of unit values shall be determined by adding together the unit
values of each of the property's property classifications.
(c)
Any commercial or other nonresidential use that has a sewer-flow
discharge generation deemed proportionally excessive in flow from
uses consistent with the classifications above shall be evaluated
by the Board of Trustees, which shall establish a unit value consistent
with a proportional amount based on the New York State Department
of Environmental Conservation flow standards and the specific use
connected to the Village sewer system.
(3) Calculation of capital improvement rent. A property's capital
improvement rent shall be determined as follows:
(a)
Step 1. Determine the capital sewer improvement unit value (CUV)
by dividing the Village's annual capital sewer improvement budget
by the total number of capital sewer improvement unit values within
the Village (NUV).
(b)
Step 2. Determine the capital improvement rent by multiplying
the capital sewer unit value by the number of the property owner's
unit values.
The Village shall review the sewer rent charges not less often
than once every two years. The review shall consist of an analysis
of the total cost of operation and maintenance of the sewage treatment
facilities and the wastewater contribution of the users and user classes.
Based on that review, the Board of Trustees shall revise, if necessary,
the sewer rent charges to accomplish the following:
A. Generate sufficient revenue to pay the total operation and maintenance
costs necessary to effect the proper operation and maintenance of
the treatment facilities.
B. Maintain the proportionate distribution of operation and maintenance
costs among users and user classes as attributable to actual use.
C. Determine the application of any excess revenue collected to either
the reductions of the next year's charges or the establishment
of a capital reserve fund to be used for contingencies, replacement
or necessary improvement.