[Adopted 7-21-1981 by L.L. No. 4-1981]
It is the intention of the Town Board of the
Town of Chester by the adoption of this article to establish and impose
sewer charges for any sewer district in the Town and/or authority
charged with the duty of operation and maintenance of said sewer districts
and/or any additional sewer disposal districts or systems formed pursuant
to the provisions of Town Law and the General Municipal Law and any
other applicable law.
As used or referred to in this Part 2, unless
a different meaning clearly appears from the context, the following
terms shall have the meanings indicated:
Charges paid by users for their proportionate share of operation
and maintenance, including replacement, costs of treatment works within
any sewer district, based on the user's proportionate contribution
to the total wastewater loading from all users within any sewer district.
Shall mean vacant parcels within any district, which, when
improved for residential or nonresidential purposes and connected
to public sewers, the owners of which will become users.
Includes allowances for replacement.
Twenty years from the date of the start-up operation.
A unit charge, established by the Town Board annually, and
based upon the amount of funds required to pay expenditures for operation
and maintenance, including replacement, funds required for repayment
of capital debt service and the number of units of use in any sewer
district.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the planning period of
the treatment works to maintain the capacity and performance for which
such works are designed and constructed.
A scale of annual charges established and imposed by the
Town of Chester for the use of the public sewers and the availability
for use of the public sewers by benefit area vacant parcel owners.
The quantity of usage of the sewer system assigned to different
classifications of real property in any district.
Any owner of real property within any district who is depositing
or is required to deposit sewage, either directly or indirectly, into
the public sewers.
A system of charges which shall be levied against users in
any sewer district in the Town, based on the units of use multiplied
by a rate, such that the Town may recover the cost for operation and
maintenance, including replacement, for any sewer district. The system
shall also include charges levied against benefit area owners and
users for the repayment of capital debt, as required.
Based on estimated volume of flow, only, as outlined in the schedule of units. Any types of users not listed in the schedule of units shall be subject to review by the Town Board as to the unit value of their contribution (units of use). If applicable, they shall be further subject to the requirements of Part 1, Article VII, §§ 77-36 and 77-37 of this chapter.
Any owner of vacant property within any sewer district in
the Town, who, by virtue of the parcel's proximity to public sewers,
has the right to connect to the public sewers when the parcel is improved
and the owner becomes a user, as defined above.
A.
The basis of the charges for the sewer charges to
be paid by the users and vacant parcel owners in any sewer district
in the Town shall be determined from the following schedule of units.
|
Schedule of Units
| |||
|---|---|---|---|
|
Class A
| |||
|
Number of Units of Use
| |||
|
User
|
Operation and Maintenance
|
Debt Service
| |
|
Single-family dwelling
|
10
|
10
| |
|
Two-family dwelling
|
20
|
20
| |
|
Commercial establishments with five employees,
owners, etc., or less
|
10
|
10
| |
|
Craft shops
|
10
|
10
| |
|
Craft shops using common service
|
5
|
5
| |
|
Apartment units
|
10
|
10
| |
|
Small restaurants (paper plate operations)
|
10
|
10
| |
|
Meeting halls (100 occupants)
|
10
|
10
| |
|
Churches, small congregations
|
10
|
10
| |
|
Class B
| |||
|
Significant industrial users not applicable
at this time.
| |||
B.
Vacant parcels and benefit areas shall be charged
10 units per acre in computing the repayment of capital debt service,
as required, including subdivided, approved lots.
[Amended 11-17-1982 by L.L. No. 3-1982]
The Town 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 Town 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.
The cost of all flows not directly attributable
to users shall be distributed among all users and any sewer district
in the same manner that the costs of operation and maintenance are
distributed among all users in any sewer district for their actual
use. Any increased costs associated with the management of effluence
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 and vacant parcel owner 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. Such notification shall be broken down to show separate
charges and rates for operation and maintenance and debt service repayment.
The Town may have preexisting agreements which
address the reservation of capacity in the Town's treatment works
or the charges to be collected by the Town in providing wastewater
treatment services or reserving capacity. This user charge system
shall take precedence over any terms or conditions or agreements or
contracts between the Town and users (including industrial users,
special districts, other municipalities or federal agencies or installations)
which are inconsistent with the requirements of federal regulations.
There is hereby established and imposed an annual sewer charge on all users and vacant parcel owners to be determined by multiplying the rate charge times the number of units assigned to each user and/or vacant parcel owner based upon the schedule of units of use in § 77-54 of this article. The rate shall be established annually by the Town Board of the Town of Chester at the time of the adoption of the Town budget.
All sewer charges shall be payable, collectible
and enforceable in the manner provided by law for the payment, collection
and enforcement of annual Town taxes in the Town of Chester and, if
unpaid within 30 days of the billing date, shall constitute a lien
upon the real property, and such lien shall be proper and superior
to every other lien or claim except a lien of an existing tax, water
charge or local assessment.
Unpaid sewer charges shall constitute a lien
upon the real property served by the sewer system or such part or
parts thereof for which sewer charges shall have been imposed as and
from the first day fixed for the payment of such sewer charges. The
lien shall be prior and superior to every other lien or other claim
except the lien of an existing tax, assessment or other lawful charge
imposed by or for the State of New York or a political subdivision
or district thereof.
