Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Delhi, NY
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index
A sewer tax to cover construction cost will be levied and collected with the regular Village tax in June of each year. The total amount to be raised annually will be the principal amount of the bonds maturing that year, plus accrued interest. The Board of Trustees shall annually determine the amount to be raised by tax levy.
A. 
All persons discharging or depositing wastes into the public sewers shall pay a sewer rent charge based on consumption of water. Such charge shall be collected as a sewer rent and will be levied and collected quarterly. The sewer rental charge will apportion the total sewage system operation and maintenance costs among system users and the proportion of user water consumption to total water consumption. The sewer rent charge will be reviewed annually by the Board of trustees, and any changes in the sewer rent charges will be made annually by resolution. Said resolution shall be adopted only after a public hearing upon five days’ public notice.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
For properties which are connected to the Village sewer system but are not connected to the Village water system, the sewer rent charge shall be based on the rate of 5,000 gallons for each person residing on the property. The rate to be charged per person shall be reviewed annually by the Board of Trustees. Any changes shall be made by the adoption of a resolution by the Board of Trustees. Said resolution shall be adopted only after a public hearing upon five days’ public notice.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Sewer rent charges and the sewer tax which are not paid on or before the due date shall bear a penalty of 10%. If such amount remains unpaid on the first day of March, the Village Clerk-Treasurer shall certify the amount due and payable to the Board of Trustees, which shall levy the same as taxes and add such sewer tax and sewer rent charge and penalties to the succeeding tax roll of the Village. Such sewer rent charge, tax and penalties shall be collected and enforced in the same manner at the same time as provided for the collection enforcement of Village taxes, and it shall be the duty of the Village Clerk-Treasurer to charge and collect interest thereon at the same rate specified for the collection of Village taxes.
Real estate exemptions (veterans, churches, schools, etc.) do not apply to benefit taxes. These exemptions apply only to general taxation, not to taxes for improvements which benefit the property.
All properties connected to the system will be charged sewer rent charges from the date when the system is in operation, and all other properties required to be connected to the system according to the state-approved sewer ordinance will be charged from the date when the system is in operation if connected to the system or, if not so connected, from the date required to be connected to the system according to the Sewer Ordinance, regardless of whether actually connected or not.
The units applicable for sewer tax to cover construction costs shall be established from time to time, but no more often then annually, by the Village Board as follows:
Classification
Number of Units
Single-family dwelling
1
Multiple-family dwelling
1 per unit
Boarding/rooming house
2
Mobile home on one lot or in a trailer park
1
Gasoline/convenience store
6
Car wash facility, per stall
1
Restaurant
6
Health/dance/exercise business
1
Office/business
1 per unit
Home occupations
1
Church
2
Dentist office, per chair
1/2
Doctor's office, per examining room
1/2
Lot used for the storage vehicles
1
Lot on which gas/fuel tanks located
1
Agricultural/farm supply store
3
Laundromat, per machine
1/2
Supermarket
6
Meeting hall
11
Barber/beauty salon
1/2
Hospital, per bed
3/4
Correctional facility, per cell, plus
3/4
Public building units, per 5 employees
1
Motel/hotel
1/4 per bed
School, per 20 students/faculty
1
Public building, 5 employees per unit
1
Department/drugstore
4
Sewer rentals not paid on or before the due date shall bear an additional charge of 10%. Sewer tax not paid on the due date shall bear the same penalty as for the Village tax.
A. 
The cost for sewer service charges for industrial users that have separate contracts with the Village to treat nondomestic flow shall be established by the Village Board by contractual agreement. Calculations are specified in the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards Manual is included at the end of this chapter.
B. 
Segmenting the POTW. The service area of the POTW may be segmented to assist in a fair distribution of user charges, especially if there is a pump station serving a segment.
C. 
Measure of flow. The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be based upon metered wastewater consumption as shown on the records of readings maintained by the industries.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed the user, including costs specified in the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards Manual is included at the end of this chapter.
The charge for treatment and disposal of trucked or hauled waste which has been introduced into the POTW shall be as established by the Village Board. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
The Village may institute an equitable procedure for recovering the costs of any capital improvements of those parts of the POTW which collect, pump, treat, and dispose of industrial wastewaters from those persons discharging such wastewaters into the POTW.
Provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Village.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of June and ending on the 31st day of May.
A. 
The Village Board shall have the authority to impose permit fees on new development. A building permit shall not be issued pursuant to Article XII, Administration and Enforcement, of Chapter 300, Zoning, unless and until a fee established from time to time by the Village Board, but no more than annually, as specified in the Sewer Use Rules and Standards Manual,[1] is paid by the applicant.
[1]
Editor's Note: The Sewer Use Rules and Standards Manual is included at the end of this chapter.
B. 
This development charge shall be in addition to the current sewer unit assessment tax or charge and sewer rent charge.
C. 
In the event a building permit is refused, the development charge shall be returned to the applicant.
D. 
Appeals.
(1) 
An appeal may be taken from a decision requiring a payment of the development fee as provided in this article to the Board of Appeals, which Board is provided for in § 300-64 of Article XII of Chapter 300, Zoning, of the Village Code.
(2) 
All appeals shall follow the procedure set forth in § 300-64D of the Zoning Chapter.
(3) 
The Board of Appeals may grant a partial or total waiver of the required development charge on the basis that the charge would be unreasonable or inequitable or excessive in relation to the use of the property.
Revenues derived from user charges and associated penalties, and development charges, shall be credited to a special fund. Monies in this fund shall be used exclusively for the following functions:
A. 
For the payment of the operation and maintenance costs, including repair and replacement, of the Village POTW;
B. 
For the discovery and correction of inflow and infiltration;
C. 
For the payment of interest on and the amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the Village POTW; and
D. 
For the extension, enlargement, replacement of, and/or additions to the Village POTW, including any necessary appurtenances.
A. 
The Village shall maintain and keep proper books of records and accounts for the POTW, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the POTW. The (-CVT-) will cause an annual audit of such books of record and account for the preceding fiscal year to be made by a recognized independent certified public accountant, and will supply such audit report to authorized officials, and the public, on request.
B. 
In conjunction with the audit, there shall be an annual review of the sewer charge system to determine if it is adequate to meet expenditures for all programs for the coming year.
C. 
Classification of old and new industrial users should also be reviewed annually.
D. 
The Village shall maintain and carry insurance on all physical properties of the POTW, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
A. 
Procedure.
(1) 
Any person, firm or corporation who wishes to reduce or eliminate his sewer unit charges assessed according to this article shall make a written application to the Superintendent of Public Works of the Village of Delhi.
(2) 
Such application shall be on a form provided by the Superintendent.
(3) 
The Superintendent shall make a visual inspection of the premises on which the unit charge is sought to be reduced or eliminated.
(4) 
Any written application filed for a reduction or elimination of unit charges as provided herein shall be filed with the Superintendent at least 60 days prior to the beginning of the Village fiscal year.
B. 
Standards. In determining whether to reduce or eliminate the sewer unit charge, the Superintendent shall consider the following:
(1) 
Whether the change involved is of a temporary or permanent nature.
(a) 
The change shall be considered temporary in nature if it may be easily converted into another use and involves no substantial physical change in the structure on the property.
(b) 
Should the change be temporary in nature and the application to reduce or eliminate the unit charge be granted, shall be good for only one year and the applicant shall have to file another application as provided for herein.
(c) 
Should the change be permanent in nature, the application shall be granted.
C. 
Decision. The Superintendent shall make his decision in writing, which shall be mailed to the applicant and a copy filed with the Village Clerk.
D. 
Appeals.
(1) 
Appeals may be taken from a decision of the Superintendent to the Board of Appeals, which Board is provided for in § 300-64 of Article XII of Chapter 300, Zoning, of the Village Code.
(2) 
All appeals must be in writing and must be filed with the Board of Appeals or the Village Clerk within 30 days of the filing of the decision of the Superintendent with the Village Clerk.