Pursuant to Article 14-F of the General Municipal Law, there
is hereby established and imposed a plan of sewer rents applicable
to the Village of Port Chester's sanitary sewer system. Such
plan shall consist of annual charges against properties that utilize
the Village's sewers. The annual sewer rents as provided for
in this chapter shall be applied to pay the costs of the operation,
maintenance, upkeep, repair and replacement of the sanitary sewer
system. The purpose of the local law is to preclude the cost of the
sanitary sewer system from being funded solely from the property tax
and to more equitably distribute such cost on all properties, including
tax exempt properties.
For the purpose of this chapter, the definitions set forth herein
shall be controlling:
SANITARY SEWER SYSTEM
The system for the collection of sewage, including all sewer
mains, pumping stations, appurtenances or other facilities, which
are owned, operated and maintained by the Village of Port Chester,
whether in or outside the Village.
SEWER RENTS
A schedule of annual charges established and imposed by the
Village of Port Chester for the use of the sanitary sewer system.
SYSTEM USERS
The record owners of real properties that have sanitary facilities
which discharge into the sanitary sewer system, whether the properties
are located in or outside of the Village of Port Chester.
TOTAL WATER CONSUMPTION
The total volume of water delivered to a property by the
water source for which a sewer user is responsible. The total volume
of water shall be the sum of the volume of water metered by, or otherwise
calculated by the water source.
WATER CONSUMPTION
The consumption of water, measured in hundreds of cubic feet
("CCF"); one CCF equals 748 gallons.
WATER SOURCE
Any entity that delivers water to a property, such as United
Water Westchester or its successors in interest or assigns.
The annual operation and maintenance costs of the sanitary sewer
system shall be determined as part of the Village's budget process.
The annual costs shall include, but not be limited to:
A. Personnel services, including salaries and fringe benefits.
C. Repairs and replacement to the sanitary sewer system.
F. Building repair and maintenance.
All revenues from sanitary sewer rents including penalties shall
be kept in a separate bank account to be designated as "sewer rent
fund." All such funds, together with any interest thereon, shall be
used in accordance with General Municipal Law § 453.
A system user may apply to the Board of Trustees for review
of any determination made by the Village or entity to which billing
authority has been designated. Determinations by the Board of Trustees
are subject to judicial review pursuant to Article 78 of the New York
Civil Practice Law and Rules.
System users for properties located outside the territorial
limits of the Village of Port Chester are liable for charges in accordance
with this chapter unless the subject of an existing agreement with
the Village.
The property of the Village of Port Chester is solely exempt
from the obligation to pay sewer rent.
Together with United Water Westchester, the Village of Port
Chester has petitioned the New York State Public Service Commission
for authorization to contract with the water company to utilize its
water consumption data, perform billing functions, as well as provide
any other services necessary to administer this chapter.
Should any section or provisions of this chapter be adjudged
by a court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such judgment shall not affect, impair or invalidate
the remainder of this chapter, and it shall be construed to have been
the legislative intent to enact this chapter without such unconstitutional
or invalid parts therein.