A. Pursuant to the authority of the Sewer Rent Law, being Article 14-F (§ 450 et seq.) of the General Municipal Law of the State of New York, any and all amendments thereto, there is hereby established and imposed an annual sewer rent on all users, to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule of units of use in §
229-49 of this article. The number of units assigned to multiuse property shall be established by totaling units for all uses.
B. The term "sewer rents" shall mean a scale of annual charges established
and imposed by resolution of the Sewer Commission for the use of the
sewer system. Such charges may be based on either the consumption
of water on the premises connected with and served by the sewer system
or such part or parts thereof, the number and kind of plumbing fixtures
on the premises connected with and served by the sewer system or such
part or parts thereof, the number of persons served on the premises
connected with and served by the sewer system or such part or parts
thereof, the volume and character of sewage, industrial waste and
other wastes discharged into the sewer system or such part or parts
thereof, or upon any other equitable basis determined by the Sewer
Commission, including but not limited to any combination of the foregoing.
Said rent may include amortization of capital costs, as well as operational
and maintenance costs.
C. The principal basis for establishment of sewer use rental charges
shall be known as a "unit." A unit is equated to zero to 15,000 gallons
of water consumption, and for users using more than 15,000 gallons
may be expressed in tenths of a unit. The annual rental charge will
be expressed in terms of units or units and tenths thereof, unless
otherwise described.
D. In the event that any property is determined to be subject to more
than one classification under the Sewer Unit Charge Schedule established
by this chapter, that classification shall apply which produces the greater
number of units.
E. If any property is divisible into two or more number of units, the
units assignable to each shall be determined, and the total thereof
shall be assigned to the particular account.
The unit charge will be established annually by the Sewer Commission,
which shall determine the total number of units by April 15 of the
preceding year for collection of the annual sewer rent. Where no previous
data is available, the Sewer Commission will make an estimate of the
equivalent units per user. In computing the first user charge, the
Sewer Commission may utilize data concerning water consumption from
the year previous to the commencement of operations of the sewage
treatment plant constructed by the Sewer Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Sewer rents shall become payable the first days of February,
May, August and November of each year in an amount equal to 1/4 of
such annual sewer rent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Sewer Unit Charge Schedule shall be according to number
of units and consumption, with the charges therefor per current rates.
Shortsville-Manchester Joint Sewer Project
|
---|
Number of Units
|
Consumption
(gallons)
|
---|
1.0
|
0 to 15,000
|
1.1
|
15,001 to 16,500
|
1.2
|
16,501 to 18,000
|
1.3
|
18,001 to 19,500
|
1.4
|
19,501 to 21,000
|
1.5
|
21,001 to 22,500
|
1.6
|
22,501 to 24,000
|
1.7
|
24,001 to 25,500
|
1.8
|
25,501 to 27,000
|
1.9
|
27,001 to 28,500
|
2.0
|
28,501 to 30,000
|
2.1
|
30,001 to 31,500
|
2.2
|
31,501 to 33,000
|
2.3
|
33,001 to 34,500
|
2.4
|
34,501 to 36,000
|
2.5
|
36,001 to 37,500
|
2.6
|
37,501 to 39,000
|
2.7
|
39,001 to 40,500
|
2.8
|
40,501 to 42,000
|
2.9
|
42,001 to 43,500
|
3.0
|
43,501 to 45,000
|
3.1
|
45,001 to 46,500
|
3.2
|
46,501 to 48,000
|
3.3
|
48,001 to 49,500
|
3.4
|
49,501 to 51,000
|
3.5
|
51,001 to 52,500
|
3.6
|
52,501 to 54,000
|
3.7
|
54,001 to 55,500
|
3.8
|
55,501 to 57,000
|
3.9
|
57,001 to 58,500
|
4.0
|
58,501 to 60,000
|
The sewer rents described herein shall be imposed upon all users
within the sewer service area, as defined in this chapter.
A. Revenues derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "Sewer Fund."
Moneys in such fund shall be used in the following order:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) For the payment of the costs of operation, maintenance and repairs
of the sewer system or such part or parts thereof for which sewer
rents have been established and imposed.
(2) For the payment of the interest on, and amortization of or payment
of, indebtedness which has been or shall be incurred for the construction
of the sewer system or such part or parts thereof for which sewer
rents have been established and imposed (other than indebtedness and
the interest thereof, which is to be paid in the first instance from
assessments upon benefitted real property).
(3) For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement or replacement of, or additions to, such sewage systems,
or part or parts thereof.
B. Such revenues from sewer rents shall not be used to finance the cost
of any extension of any part of a sewer system (other than any sewage
treatment and disposal works with necessary appurtenances, including
pumping stations) to serve unsewered areas if such part has been constructed
wholly or partly at the expense of real property especially benefited,
or for the payment of the interest on, and the amortization of or
payment of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property.
Each property owner will receive written notice of the number
of units attributed to it prior to the imposition of any of the charges
imposed hereby and shall receive written notice of any change from
the previous year by February 1 of the year previous to the imposition
of the charges based thereon. Such owner shall have the right to appeal
the determination by March 1 of the preceding year.
The list of equivalent units shall be established by the Sewer
Commission by April 15 each year.
Owners of new structures or developments that connect to the
sewer system for only a portion of the sewer use rental year as established
by the Sewer Commission shall pay a pro rata sewer rental for that
portion of the year during which the connection was actually in use.
A. Sewer rental billings shall be payable upon presentation and, if
not paid within 20 days of billing, shall be subject to a penalty
of 10%, which shall, in every case, be added.
B. Any unpaid sewer rental on April 15 shall be added to the Village
taxes levied each year and collected and enforced in the same manner
and at the same time as provided by law for the collection and enforcement
of Village taxes. Such unpaid taxes shall be added to the tax levy
for the Village of Shortsville if the property served is situate in
that Village, and to the Village of Manchester, if in that Village.
[Amended 11-4-1985 by L.L. No. 10-1985]
A. Each user who discharges any toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge of the treatment
works shall pay, in addition to any other penalty provided by this
chapter and/or any other law, rule or regulation, for such increased
cost.
B. Each user who discharges any toxic pollutants which cause an increase
in the quantity of waste that exceeds the limits set in this chapter
shall pay a surcharge computed by dividing the total amount of pollutants
by the limit and then multiplying that number by the user's total
quarterly cost.
The Sewer Commission shall review, at least biannually, the
wastewater contributions, the total cost of operation and maintenance
of the system and its approved user charge system and revise as needed.
A. The cost of operation and maintenance of all extraneous flow treatment
shall be distributed among all users.
B. In determining user costs, there shall be no discounts for large
users.
The user charge system created and imposed herein shall take
precedence over any inconsistent agreements between the Villages of
Shortsville and Manchester and its present users.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Payments upon unpaid, delinquent sewer rentals must be first applied
to the oldest unpaid bill.
B. Any unpaid sewer rentals as of April 15 will be re-levied to Ontario
County for placement on June taxes.
Bills shall be rendered on the basis of one bill per meter (water
meter), and the Sewer Commissioners shall not be obliged to render
multiple billings to users who have multiple units serviced by a single
water meter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Sewer Commissioners shall be authorized to hear appeals
for an adjustment of any bill for sewer rental sent to an empty unit
and shall be authorized to charge for debt service and/or operation
and maintenance at the cost of one unit at the current rate if inspection
of the particular premises discloses that there was no usage of the
system during a particular quarter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In the case of multiple users of premises served by the public
sewer, each village shall determine the number of units to be billed,
based upon water usage and actual occupancy. Therefore, combined usages,
such as residential, in combination with business (such as, but not
limited to, customary home occupations and the like), may result in
a charge for additional units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Users of the public sewers presently utilizing the same, although
not within the sewer service area, may be charged, in addition to
the portion of the annual rental derived from the capital cost and
debt service, a surcharge consisting of minimally 200% of the total
charge therefor.