This article shall be known as and may be cited as the "Sewer District No. 2 Use Charge Ordinance." Its purpose is to establish and regulate the collection of charges for the use of the facilities of Sewer District No. 2.
As used in this article, the following terms shall have the meanings indicated:
CHARGES
The annual charge for the discharge or introduction of matter into the facilities.
FACILITIES
Includes the treatment plant, collection system, pump stations and related fixtures, machinery and equipment.
PERSON
Includes individuals, firms, partnerships, companies, corporations, associations or any legal entity.
SEWER
Includes all facilities as heretofore defined.
SEWER DISTRICT
Includes all properties physically situate within the territorial limits of North Castle Sewer District No. 2.
[Amended 3-8-2006 by L.L. No. 5-2006; 2-27-2008 by L.L. No. 2-2008]
Effective upon the commencement of the operation of the treatment plant, the basis of the charges for the sewer use shall be determined by the following schedule of units of use. In the event that the units are computed to a fraction, the next highest whole number shall be the unit of use.
Use Classification
Units of Use
One-family dwelling:
1 kitchen
1
2 kitchens
2
Each separate apartment in a two-family, three-family or multiple dwelling
1
Combination one-family home with a professional or business office
2
Hotel or motels, exclusive of bar or restaurant, each 3 rooms or part thereof
1
Commercial and industrial establishments:
With 5 occupants or fewer ("occupants" are defined as owners, managers or employees), offices and retail*
1/2
For each additional 10 occupants or part thereof
1
Launderettes: for each single-load machine
2
Restaurant (including bars):
30 seats or less
2.5
Each additional 6 seats or part thereof over 30, add
0.5
Food service catering/takeout, add
1.0
Schools: public, private or parochial
Elementary or nursery, for each 30 pupils
1
Junior high school, for each 25 pupils
1
Senior high school, for each 15 pupils
1
Churches, synagogues, temples (including Sunday school): for each 50 member-families
1
Theater: for each 100 seats or part thereof
1
Bowling alleys: for each 2 lanes
1
Hospitals, including nursing homes: for each 2 beds
1
Service stations:
Without car wash
3
With car wash
6
Beauty salons and barbershops: each customer service station (count each shampoo facility as a customer service station)
1
Pedicure salon (per station)
0.5
Firehouses
1
Town buildings: each 10 occupants
1
Library: each 10 occupants
1
Club or social establishment: each 50 members
1
Health spa or club: each 25 members
1
*
NOTE: Any industries greater than 25,000 gallons per day shall be individually monitored.
Each user shall be notified annually of the estimated charges for the ensuing year. A public hearing on such budget shall be held in December of each year in conjunction with the general budget of the Sewer District.
The Town Board acting as commissioners of Sewer District No. 2 shall hold a public hearing in accordance with the provisions of § 239 of the Town Law for the purpose of considering objections to the assessment roll. Such board may affirm, modify or amend the assessment roll as to any property upon a finding that the strict application of this article would be inequitable to such person or property.
The Town Board shall review not less often than every two years the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment works, and its approved user charge system. The Board shall revise the charges for users or user classes to accomplish the following:
A. 
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein.
B. 
Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works.
C. 
Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
This article shall take effect immediately, excepting, however, that the collection of user charges for the first year shall be apportioned based on the calendar year commencing upon the commencement of the operation of the treatment plant.