Village of Cornwall-On-Hudson, NY Sewer Rents

Properties that are either currently connected to the Village's sewer service, or receive a benefit from the construction of adjacent or proximate sewer-related improvements, such as, but not limited to, laterals, lines, pipes and street improvements.

PROPERTY CLASSIFICATION

The way in which a property is used or is classified to be used.

SEWER-USE RENT

The annual charges imposed or levied by the Village of Cornwall-on-Hudson for the use of, or the availability of use of, the sewer system or any part or parts thereof. The rent shall include two components, an operation and maintenance rent (OMR) based upon usage, and a capital improvement rent (CIR) based upon weighted benefits.

UNIT VALUE, CAPITAL SEWER IMPROVEMENT

The weighted benefit aligned with the use or classification of the use of the property.

VILLAGE SEWER SYSTEM

See § 126-1A.

§ 126-51 Basis for rents.

[Amended 6-20-1988 by L.L. No. 1-1988; 8-19-1991 by L.L. No. 7-1991; 4-15-1996 by L.L. No. 1-1996; 3-16-1998 by L.L. No. 2-1998; 4-5-1999 by L.L. No. 3-1999; 7-15-2013 by L.L. No. 2-2013]

The Village of Cornwall-on-Hudson does hereby establish and impose sewer-use rents for services rendered by the sewer system to the real property within the corporate limits of the Village as follows:

Operation and maintenance rent (OMR).

(1)

If a water rent is levied or charged against any real property within the corporate limits of the Village or against the owners or occupants of such real property and such real property is served by the sewer system, the sewer-use rent shall be based on the consumption of water on the premises and levied or charged against such real property or the owners or occupants of such property and in such amounts as may be determined by resolution of the Board of Trustees.

(2)

In the case of metered consumers of water supplied by the Village who contribute to the sewer system an amount of sewage substantially less than or substantially greater than the amount of water supplied to such metered consumer by the Village, or in case of owners or occupants of real property within the Village who are not users of Village-supplied water but are connected to the sewer system, the Board of Trustees shall fix and determine the sewer rent applicable to such real property upon such other equitable basis as shall be determined by the Board. The Board may require the installation of metering devices on private wells at the expense of the property owner.

Capital improvement rent (CIR).

(1)

Capital improvement rent shall be paid by all benefitted properties within the Village, for any capital improvement costs deemed a system-wide improvement by the Board of Trustees. Such capital improvement costs shall also include any expenses incurred by the Village of Cornwall-on-Hudson associated with capital improvements made or to be made at the Town of Cornwall's Shore Road Wastewater Treatment Plant. Owners of properties that are not connected to the Village's sewer service and/or that are not proximate to sewer-related improvements may request an exemption from capital improvement rent.

(2)

Property classifications and unit values.

(a)

The Board of Trustees, in collaboration with the Cornwall-on-Hudson Building Department, will confirm property classifications and does hereby establish a Schedule of Property Classifications and Number of Unit Values for properties and/or uses within the Village:

Schedule of Property Classifications and Number of Unit Values
Property Classification	Number of Unit Values
Vacant lot (per acre or any part thereof)	5
Single-family dwelling	10
Two-family dwelling	20
Multifamily dwelling (per dwelling unit)	10
Dwelling with office or home occupation	15
Commercial establishments (unless specifically listed elsewhere in this schedule)	25
Restaurant: no more than 20 seats	20
Restaurant: 21 to 50 seats	35
Restaurant: 51 to 80 seats	50

(b)

For properties with more than one property classification, the number of unit values shall be determined by adding together the unit values of each of the property's property classifications.

(c)

Any commercial or other nonresidential use that has a sewer-flow discharge generation deemed proportionally excessive in flow from uses consistent with the classifications above shall be evaluated by the Board of Trustees, which shall establish a unit value consistent with a proportional amount based on the New York State Department of Environmental Conservation flow standards and the specific use connected to the Village sewer system.

(3)

Calculation of capital improvement rent. A property's capital improvement rent shall be determined as follows:

(a)

Step 1. Determine the capital sewer improvement unit value (CUV) by dividing the Village's annual capital sewer improvement budget by the total number of capital sewer improvement unit values within the Village (NUV).

(b)

Step 2. Determine the capital improvement rent by multiplying the capital sewer unit value by the number of the property owner's unit values.

§ 126-52 Owner-maintained sewage-measuring devices; annual survey.

At the option of the owner of real property being served by the sewer system, such owner may, at his own expense and subject at all times to the approval of the Code Enforcement Officer and Superintendent of Public Works, install, operate and maintain sewage meters, gauges or other suitable devices for measuring the amount of sewage contributed to the sewerage system. In such cases, the quantity of sewage shall be determined by such metering device, and the operation and maintenance rent (OMR) applicable therefor shall be the same as would be imposed for a like quantity of water consumed on such premises.

[Amended 7-15-2013 by L.L. No. 2-2013]

It shall be the duty of the Superintendent of Public Works to make a survey annually or at such other times as may be required by the Board of Trustees to determine whether there is being discharged into the sewer system from any real property within the corporate limits of the Village sewage or other waste which, in the opinion of such Superintendent, contains unduly high concentration of solids or any other substance adding to the operating costs of the sewer system. Upon the completion of such survey, he shall file with the Board of Trustees a report of his finding, indicating whether additional sewer rent charges should be levied for such sewage or other waste, and, if so, he shall set forth recommended charges for the same. The Board of Trustees is authorized to fix and determine such additional sewer use rent charge therefor as shall be equitable, in addition to the sewer use rents provided for by the preceding subsections of this section.

§ 126-53 Meters.

Any meter installed pursuant to this Part 3 shall be first tested and approved by the Village.

Any meter so installed shall be located so as to be accessible at all times for reading and inspection.

Remote reading devices will be installed as an integral part of the meter.

The Superintendent or agent may, at any reasonable time, enter upon the premises for the purpose of inspecting pipes, reading or checking the meter.

§ 126-54 Payment procedure.

All sewer use rents shall be due and payable at the offices of the Village Clerk quarter-annually.

Bills will be sent out to all property owners by the Village. The Village will not employ a collector, and the failure of any property owner to receive a bill promptly shall not excuse nonpayment of the same, and in the event that the property owner fails to receive a bill promptly, he shall demand the same at the Village Clerk's office.

Terms of payment. Bills will be rendered at the net amount and will be due when presented.

If bills are not paid within 30 days from the date due, a penalty of 10% will be added to the same.

Sewer use rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer use rents are hereby established and imposed. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.

The Village Clerk shall annually certify the amounts of all unpaid sewer use rents, including penalties, computed to the first day of the month following the month in which the fiscal year commences, with a description of the real property affected thereby and shall present such certificate to the Board of Trustees and shall enter the same or an abstract thereof in the minutes of the meeting. The Board of Trustees shall levy such amounts against the real property liable therefor as a part of the annual Village tax levy, setting forth such amounts in separate columns in the annual tax roll. The sewer use fund and sewerage facilities rents shall be credited with the amount of all such unpaid sewer rents, including penalties, and such amounts, when collected, shall be credited to the general fund.

§ 126-55 Review of charges.

The Village shall review the sewer rent charges not less often than once every two years. The review shall consist of an analysis of the total cost of operation and maintenance of the sewage treatment facilities and the wastewater contribution of the users and user classes. Based on that review, the Board of Trustees shall revise, if necessary, the sewer rent charges to accomplish the following:

Generate sufficient revenue to pay the total operation and maintenance costs necessary to effect the proper operation and maintenance of the treatment facilities.

Maintain the proportionate distribution of operation and maintenance costs among users and user classes as attributable to actual use.

Determine the application of any excess revenue collected to either the reductions of the next year's charges or the establishment of a capital reserve fund to be used for contingencies, replacement or necessary improvement.

§ 126-56 Extraneous flows.

The cost of all flows not directly attributable to users shall be distributed among all users of the sewer system in the same manner that the costs of operation and maintenance are distributed among all users of the sewer system for their actual use. Any increased costs associated with the management of effluents and/or sludge and any treatment works caused by the discharge of toxic pollutants shall be paid for by those users discharging the toxic pollutants.

Each user shall be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.