[Adopted 10-15-2002 by L.L. No. 2-2002]
It is the intent of the Board of Trustees, of the Village of
Castleton-on-Hudson, in enacting this article, to provide a fair and
equitable method of determining sewer rents for consumers within the
Village of Castleton-on-Hudson. In providing such a schedule, it is
recognized, by the Board of Trustees, that consumers should be given
an opportunity to have any such sewer rent determination reviewed
in a manner consistent with law and further to provide a procedure
whereby consumers can, to the extent permittable by law, participate
in the rent establishment procedure.
As used in this article, the following words shall have the
following meanings, unless another meaning is clearly implicit from
the context.
Any activity conducted for profit, whether or not open to
the public, and shall include, but not be limited to, offices for
sales, distribution, advertising, real estate, insurance, consultation,
mortuaries and similar or related activities.
Those fixed costs which must yearly be borne by the Village
in making annual payments on indebtedness which shall include land
acquisition, required reserves for repairs or replacement and any
other cost which is fixed, recurring and not includable in operation
and maintenance.
Those variable charges which the municipality each year incurs,
for the maintenance of the sewage treatment plant, collection system,
and related functions. This charge shall include all those authorized
by the State of New York, and is to be, computed yearly by the Board
of Trustees.
A place for the transaction of business such as a lawyer,
doctor, engineer, architect, consultant or any similar or related
activity.
The cost chargeable to each consumer which is to include both capital cost, and operation and maintenance costs, except as provided in § 164-31 of this article.
The lowest single measure of consumption which is attributable
to any single consumer in the Village. The unit is roughly equivalent
to consumption of 240 gallons per day.
The incorporated Village of Castleton-on-Hudson, New York.
Following the effective date of this article, and in each year
thereafter, on or before the first day of January, the Board of Trustees
shall survey the Village and assign to each structure within such
Village a unit number as provided for this article. Once established,
each structure shall retain that unit designation until such time
as the Board of Trustees changes such designation or until such designation
is changed by appropriate court order or other legal action.
Upon assignment of unit, the Board of Trustees shall make available
in the office of the Village Clerk a listing, by property owner, as
such names appear on the assessment role of the Village, of each property
with the unit designation. The Village Clerk shall publish, in a newspaper
to be designed by the Village, the fact that such a list is available
and is open for review. Any person who wishes may review such list
and may appeal such unit assignment. An appeal of such unit assignment
may be made to the Board of Trustees on a form to be provided by the
Board for such purpose. The Board of Trustees shall, upon hearing
any appeal instituted under this section, not alter any unit assignment
until such time as the Board has been given an opportunity to have
an on site inspection made of the premises, which shall be used to
determine the exact nature and character of the premises to determine
estimated sewer usage.
In making unit determinations, the Board of Trustees may, at
their discretion, assign a fraction of a unit to any structure, which
is determined to contain at least one unit, or assign a fraction of
a unit, to any structure, which in their determination, does not merit
a unit change.
To calculate the exact sewer rent, the Board of Trustees shall
use the following method. First, the capital costs shall be added
to the anticipated yearly operation and maintenance cost. The sum
of these two shall be the yearly total sewer cost. From this yearly
total sewer cost shall be subtracted any anticipated state or federal
aid for operation and maintenance, as provided by state or federal
law and any payments from other municipal corporations for services
outside of the Village. To this figure shall be added a 10% contingency
figure. The result of this computation shall be the adjusted sewer
cost, which figure shall then be divided by the total number of units,
which have been determined to exist in the Village by the Board of
Trustees. This unit charge shall then be assigned to each property
and multiplied by the number of units, which each individual property
consists. In making this determination, the Board of Trustees shall
round off to the highest nearest dollar the amount of such calculations,
so as to avoid fractional billings and to ensure that the sewer fund
is adequately compensated for all necessary costs.
The following structures or types or classes of structures may
be assigned the following unit values:
|
Description
|
Units
|
|---|---|
|
Single-family resident
|
1 unit
|
|
Two-family residence
|
2 units
|
|
Apartments or flats
|
Each apartment-1 unit
|
|
Business or commercial property with no laundry or public rest
room facilities
|
1 unit
|
|
Businesses or commercial properties with public rest room facilities
|
1 to 1 1/2 units
|
|
Restaurants, coffee shops, bar, grill etc., with public rest
room facilities
|
3 units
|
|
Gas stations
|
1 unit
|
|
Churches, fraternal organizations, or clubs, etc.
|
2 units
|
|
Convent
|
1 unit per 4 residents
|
|
Post office
|
1 unit
|
|
Professional office
|
1 unit
|
|
Business or professional office located in home
|
1/2 unit added to residential charge
|
|
Dental office
|
2 units
|
|
Beauty salon
|
2 units
|
|
School - day
|
1 unit per 10 students and/or staff
|
|
School - boarding or residency
|
1 unit per 4 resident and/or staff
|
|
Group residence
|
1 unit per 4 resident and/or staff
|
|
Staff residence
|
1 unit per 4 residents
|
|
Nursing home
|
1/2 unit per bed
|
|
Laundromats
|
1 unit per 3 machines
|
|
Car wash
|
1 unit per stall
|
As used in this article, vacant property shall mean any unimproved
or undeveloped property having at least 150 feet on any Village street
and which is not used for agricultural purposes. All such vacant lots
shall be charged a sewer rent, which shall consist only of that portion
of the sewer charge devoted to capital costs, and shall include no
charge for operation and maintenance.
As used in this article, a vacant structure shall be any structure or part of a structure which will be unoccupied or unused for a period of three months. Vacant structures shall not be assessed the full unit determination as set forth in this article if, prior to the time the structure becomes vacant, the owner or person having charge of the property makes written application to the Village Board for a unit change. If the Board of Trustees finds that in fact the structure will be vacant for a period of three months or more, they shall assign to that structure a charge which is based only on the capital cost portion of the sewer charge, in the same manner as through the property where vacant property referred to in § 164-31 above. Such charge shall remain on the property until such time as it is again occupied and shall remain in full force and effect regardless of actual front footage of this property.
In the event a structure becomes destroyed or permanently vacated by owner, and not used or otherwise occupied, the owner shall advise the Village Board, prior to the billing period, of such fact and request that water service to the property be disconnected. Once disconnected, the property shall become liable only for the capital cost portion of the sewer charge, as set forth in § 164-31 above, without regard to the front footage limitation. The reconnection to the property be shall be made only upon application to the Board of Trustees for such reconnection and upon payment to the Village Board of the actual costs incurred in making such connection. Monies received from such reconnections shall be paid to the general fund of the Village.
Sewer bills, a special district billing, shall be unless otherwise
provided for by resolution of the Board of Trustees, sent out concurrently
with all special district billing and shall be for a six-month period
following the due date of the bill. Such due date shall be within
one month following the billing. Any person failing to pay such sewer
bill within a one-month period shall be subject to late charges and
penalties as will be determined by the Board of Trustees, but in no
event shall such interest exceed the minimum allowable by law for
delinquent taxes. Any special district billing which is delinquent
for the current fiscal year will be re-levied to the Village of Castleton-on-Hudson's
property taxes on April 1 of the current fiscal year. In the alternative,
the Village Board may authorize the collection of such delinquent
sewer rents by civil action instituted in the name of Village in a
court of competent jurisdiction.
No person shall cause or permit to be discharged into the sewer
system of the Village any substance which otherwise is prohibited
by state, federal, or local law. In the event any such substance is
so discharged, the person responsible shall, in addition to any other
fine, penalty or forfeiture imposed by state, federal or local law,
be liable to the Village for any additional treatment costs or damages
to the collection system or plant.
