[Adopted by the Board of Trustees of Little Valley]
Pursuant to the Village Law, the General Municipal Law and the Municipal Home Rule Law, the Village Board of Trustees of the Village of Little Valley, New York (herein "Village"), state that the purpose of this article is to impose rents for the use of the public sewer system, fix the dates for payment thereof and fix the penalties incurred for nonpayment, herein collectively referred to as "user charge system"). The sewer rents are to be fixed in an equitable manner, accepting as the base unit the single-family residential unit within the Village and the average amount of water consumption for such unit, the water consumption for the base year herein defined. This user charge system and the wastewater and maintenance, including replacement costs of the sewer system and the treatment works shall be reviewed not less than every two years, and any necessary revisions made in the charges for users or user classes, so that the user charge system:
A. 
Maintains the proportional distribution of operating and maintenance costs, which includes replacement costs, among users and user classes;
B. 
Generates sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance of the public sewer system; and
C. 
Applies excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjusts the rates accordingly.
As used in this article, the following terms shall have the meanings indicated:
BASE YEAR
The previous four quarters to the date of calculation utilized by the Village Water Department in the calculation of water usage.
BASE YEAR WATER CONSUMPTION
The total water consumption to the unit measured during the base year, or an extrapolation of partial records to a full four quarters, if such information is available to the Superintendent to make such calculation, and if not, then an estimate made by the Superintendent based upon comparable units within the Village or similar locale.
BENEFIT
From the publicly owned treatment shall include any form or kind of benefit whether direct or indirect immediate or future, and shall include, but not be limited to, increase in real property value and access to the public sewer system.
BENEFIT RATIO
A number equal to the unit's base year water consumption divided by the average Village single-family residential unit base year water consumption. The ratio shall be rounded to the second decimal place. The benefit ratio shall apply to only Classes III (HO), IV, and V, and the benefit ratio shall be not less than 1.00.
CLASS I
A special assessment based upon lot area, assessed upon all properties within the Village and Town deriving a benefit from the publicly owned treatment works.
[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
CLASS III
The single-family residential unit which shall include, but not be limited to, a private home or dwelling, an apartment or flat in a multiple occupancy building or a mobile home.
CLASS III (HO)
The single-family residential unit with a home occupation.
CLASS IV
Commercial units serving food and/or beverages, including, but not limited to, restaurants, hotels and taverns, other commercial units, including, but not limited to, retail and wholesale stores, banks, professional offices and law offices, beauty salons, barber shops and insurance agencies, and semicommercial units, such as churches, clubs or organizations.
CLASS V
Highly specialized units, including, but not limited to, industrial, manufacturing, schools and governmental units. Waste volume and/or strength characteristics of the unit's effluent in excess of the average strength of sewage from single-family residential units in the system, and special facilities required for seasonal or process peak loads will be additional criteria in determining the applicability of this class to a particular unit.
CLASS VI
Waste volume charge for operation and maintenance expenses, including replacement costs of the sewer system and the treatment works based upon the current year water consumption as measured by the Village Water Department, which shall be charged to all units discharging into the sewer system.
FISCAL YEAR
The fiscal year of the Village, which begins on June 1 of each year and ends on May 31 of the next year.
HOME OCCUPATION
Same as for the purposes of Chapter 240, Zoning, and the same is by reference included herein.
HOME OCCUPATION BENEFIT RATIO
A number derived by subtracting 1.50 from the unit's benefit ratio and then adding the result, if greater than zero to 1.00; if the result is less than 0, the home occupation benefit ratio shall be 1.00. This benefit ratio shall be rounded to the second decimal place.
OWNER
Person owning premises being sewered.
PERSON
Any individual, firm, company, association, society, corporation, or group.
PUBLIC SEWER
A sewer which is controlled by the Village.
PUBLIC SEWER SYSTEM
Include the public sewer and sewage works.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). It includes any sewers that convey wastewater to the treatment plant but does not include pipes, sewers or other conveyances not connected to the facility providing treatment.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally admitted.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structure used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating, and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER RENT
The combination of charges assessed to a property based upon the consumer class categories and consumer use category set forth in §§ 194-14 and 194-15 of this article.
SHALL
Is mandatory; "may" is permissive.
SINGLE-FAMILY RESIDENTIAL UNIT
Includes a private home or dwelling, an apartment or flat in a multiple occupancy building, a mobile home or other structure in which a single family resides. The single-family residential unit is the basic benefit unit under the terms of this article.
SPECIAL ASSESSMENT
The same meaning for this article as defined in the Village Law, which definition by reference is included herein.
SUPERINTENDENT
Superintendent of Public Works of the Village or his authorized deputy, agent, or representative.
UNIT
A facility, building, dwelling or structure within the Village which is or ought to be connected to the public sewer system.
USAGE FACTOR
Applicable to Class V users only, where sporadic or intermittent water usage exists, and where the metered usage of any quarter within the base year is three times or more greater than the least quarter within that base year. The usage factor shall be a number obtained by dividing the water consumption of the peak quarter by the average quarterly water consumption for the base year, including peak quarter. The usage factor shall be rounded to the second decimal place. The formula for calculating the usage factor therefore is: water consumption of peak quarter.
Usage factor = Average quarterly water consumption for base year, including peak quarter.
USER CHARGE SYSTEM
The procedure, methods and fixing of rents for use of the public sewer system, the dates for payment thereof and the penalties incurred for nonpayment.
VILLAGE
Village of Little Valley Cattaraugus County, New York.
WATER CONSUMPTION
The water usage of a unit as measured by the Village Water Department.
[1]
Editor's Note: The original definition of "Class II," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
For purposes of administration and to insure that the expenses incurred in the operation and maintenance, which includes replacement cost, of the public sewer system are equitably distributed, the following consumer class categories (Class I and Classes III through V) and the following consumer charge category (Class VI) are established.
B. 
Class description.
(1) 
Class I: special assessment based upon lot area.
(2) 
Class III: single-family residential unit.
(3) 
Class III (HO): single-family residential unit with home occupation.
(4) 
Class IV: commercial and noncommercial units.
(5) 
Class V: highly specialized units.
(6) 
Class VI: waste volume charge.
A. 
Basis for sewer rent. The sewer rent shall be based upon a combination of charges reflecting the benefit, both direct and indirect, of the property and/or unit, both with respect to the benefit derived from the existence of the public sewer system and the benefit derived from use thereof. The formula for consumer class categories and consumer use category hereinafter stated is hereby determined by the Board of Trustees of the Village to be fair, just and equitable to all owners.
B. 
Sewer rent. The sewer rent shall be a figure derived by the sum of all class charges set forth in § 194-15C of this article, except that a unit qualifying as a Class III (HO) shall not also be charged for Class III, and a unit qualifying for Class V shall not also be charged for Class IV; provided, however, that Class I charges shall not be imposed until after appropriate procedures have been complied with for the implementation of a special assessment to the lands benefited, as provided in the Village Law, including, but not limited to, Articles 14 and 22 thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
Class charges. The following rental charges for the class indicated are hereby fixed for the following consumer class categories and consumer use category:
(1) 
Class I charge: $20 for lots up to and including 1.0 acres plus $0.10 per acre or part thereof over 1.0 acres.[1]
[1]
Editor's Note: Original Section 5.c.ii, regarding Class II charges, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Classes III through VI: a rate as fixed from time to time by the Village Board of Trustees. Such rate may be increased or diminished at any time with no notice to the owner. Owners will be assessed on a monthly basis and all monthly payments will be due and payable on the 20th day of each month and any unpaid amount will be assessed a penalty as set forth in § 194-15E of this article.
D. 
Payment dates and manner of assessment and levy for Class I. Sewer rents for Class I shall be assessed, levied, included and separately stated on the Village taxes for the ensuing year, and the amount so levied shall be collected and enforced in the same manner and at the same time as provided by the Village Law and the Real Property Tax Law for the collection and enforcement of Village taxes, and for the return of the same to the Cattaraugus County Treasurer for collection and enforcement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E. 
Arrearage penalty. If any installment or payment of sewer rent remains unpaid after the 20th of the month in which it is due, interest of 1 1/2% shall be added for each month a balance remains due on the account.
F. 
Billings. The Village Clerk is hereby directed to prepare a billing statement for each installment of sewer rents, the form of which statement shall be approved by the Board of Trustees of the Village by appropriate resolution. The Village Clerk shall forward each billing statement to the owner of the real property as the same is assessed on the Village tax rolls or as the same is stated on the roll of property owners maintained by the Village Water Department.
A. 
Sewer rents shall constitute a lien upon the real property to which the sewer rent is assessed or charged. The lien shall be prior and superior to any other lien or claim upon the property, except the lien of any existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
B. 
The Board of Trustees of the Village, at least 90 days before the expiration of the fiscal year, shall prepare a list of each and every lien for sewer rents for Classes III, IV, and V in arrears on that date, the real property effected thereby and the name of the owner to whom such real property is assessed. Each such sewer rent shall be levied against the real property on the next Village taxes, and such amounts for sewer rents in arrears shall be included and separately stated and enforced in the same manner and at the same time as provided by the Village taxes. The amount so levied shall be collected and enforced in the same manner and at the same time as provided by the Village Law and the Real Property Tax Law for the return of the same to the Cattaraugus Country Treasurer for collection and enforcement.
A. 
The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other section, clause, sentence or provision hereof, which can be given effect without such invalid part or parts.
B. 
This article and the user charge system incorporated herein shall take precedence over any terms or conditions of agreements or contracts between the Village of Little Valley and users (including industrial users, special districts, other municipalities or federal agencies or installations) which are inconsistent with the requirements of Section 204(b)(1)(A) of the Federal Water Pollution Control Act, as amended, and the regulations issued thereunder.