[Adopted 4-17-2025 by L.L. No. 4-2025; amended in its entirety 4-13-2026 by L.L. No. 3-2026]
A. 
The Solvay Village Board has caused an assessment plan to be prepared and placed upon records with the Village Clerk for the special assessment of all benefited properties receiving sanitary sewer services in the Village of Solvay pursuant to the provisions of Village Law § 22-2200. The Village currently provides sanitary sewer services. The Village Board finds it appropriate and equitable to make a special assessment for the cost of sanitary sewer services within the Village and to apportion that cost equally amongst the tax parcels (defined below) of the Village as all such parcels are specially benefited thereby.
B. 
The Village adopts this amendment to the existing article under the authority noted above as well as the New York State Constitution Article 9, § 2(c)(8); Municipal Home Rule Law (MHRL) § 10, Subdivisions 1(ii)e(2) and 1(ii)c(3). The locally established formula set forth in this article creates a per tax parcel unit assessment (unit charge) which is then applied to each tax parcel. To the extent same contain contrary provisions inconsistent with those set forth herein, this article hereby supersedes the provisions of Village Law §§ 5-516; 5-518; and 22-2200.
C. 
The annual cost of sanitary sewer services within the Village is currently $109,150 for the upcoming fiscal year. There are currently 2,300 tax parcels within the Village subject to payment of the cost of municipally provided sanitary sewer services (hereinafter "tax parcels" or "tax parcel"). The formula which the Village herein establishes therefore provides for a current special assessment or unit charge of $47 per tax parcel located within the Village of Solvay. This special assessment unit charge will be modified each year in keeping with the formulas set forth in § 133-8, below, as may be amended from time to time.
D. 
Excluded from the special assessment for storm sewer will be all property classes: 311-Residential Vacant Land.
(1) 
All other non-exempt property classes will be charged one unit.
E. 
The Board further finds that all parcels within the Village are especially benefited from the municipal provision of sanitary sewer services and that the most appropriate and equitable means of paying for the cost of sanitary sewer services is through equal special assessment against each parcel.
The Village Board of the Village of Solvay therefore approves and adopts the following:
A. 
There shall be an annual special assessment against the tax parcels within the Village to pay the cost of the special benefit conferred upon such properties from the municipally provided sanitary sewer services.
B. 
The special assessment shall be calculated on the locally established formula as follows: (cost of annual municipally provided sanitary sewer services within the Village of Solvay) divided by (the number of tax parcels (as defined above) within the Village of Solvay), which shall equal the unit charge specially assessed for each tax parcel.
The special benefit assessment area created by this article shall be all properties within the borders of the Village of Solvay.
The establishment of the proposed special benefit assessment area which shall be known as the Sanitary Sewer Services Special Assessment Area, and the locally established formulas set forth in § 133-8, above, are approved.
A. 
The Village Board of Trustees hereby determines that the special assessment created herein shall be annually levied and shall be due at the same time as real property taxes. The amount of each annual special assessment shall be extended in a separate column in the annual tax roll and shall appear as a separate line item on each parcel's tax bill. The same penalties for non-payment of the special assessment shall attach as in the case of non-payment of the Village tax, as provided in the Real Property Tax Law, and there shall be no relevy of the unpaid installment as prescribed in § 133-11 of this article, but such unpaid installment shall be collected as provided in said Real Property Tax Law. If any assessment or annual installment thereof be not paid within the thirty-day period, penalties shall be computed from the expiration date of such thirty-day period at the rate of 1/2 of 1% per month or portion thereof until the assessment is paid or discharged. All penalties collected shall be credited to the general fund.
B. 
The Village Board accepts the plan and map on file with the Village Clerk. The proposed creation of the subject Sanitary Sewer Services Special Assessment Area and its special assessment hereinabove described are in the public interest.
C. 
Any person aggrieved by the creation of this special assessment benefit area may, within 15 days after the filing of the apportionment and map, apply to a court of record for an order of certiorari to review the assessment. The apportionment, the assessments, and the map are deemed final and conclusive unless an application is made within the fifteen-day period.
D. 
The Village Board is authorized to revise the assessment provided herein annually, contemporaneously with the review and adoption of the annual budget, and may annually change the resultant unit charge based upon a change in the annual cost of sanitary sewer services or number of tax parcels within the Village, consistent with the locally established formula set forth in § 133-8, above, by resolution duly adopted after public hearing as required in the Village Law and/or Municipal Home Rule Law and upon the filing of a revised plan with the Village Clerk.
This article shall take effect immediately upon posting and publication as required by law and filing with the Secretary of State.