(A) (1) System development fees shall be charged with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs. System development fees shall be charged consistent with the requirements of G. S. Ch. 162A, Art. 8, as such may be amended from time to time. Terms used in this section shall have the same meanings as set forth at G.S. Ch. 162A, Art. 8.
(2) For purposes of this section, NEW DEVELOPMENT includes any of the following occurring after August 23, 2017 (the date the town began the written analysis process required by G.S. § 162A-205) that increases the water and/or sewer capacity necessary to serve that development:
(a) The subdivision of land;
(b) The construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure which increases the number of service units; or
(c) Any use or extension of the use of land which increases the number of service units.
(B) Beginning on the effective date of this section, system development fees shall apply to all new development except for fire line connections.
(C) System development fees shall not include and separate charges may be assessed for:
(1) A charge or fee to pay administrative, plan review, or inspection costs associated with permits required for development.
(2) Tap or hookup charges for the purpose of reimbursing the town for the actual costs of connecting the service unit to the system.
(3) Availability charges.
(4) Dedication of capital improvements onsite, adjacent, or ancillary to a development absent a written agreement providing credit or reimbursement to the developer pursuant to G.S. §§ 160A-320, 160A-499 or G.S. Ch. 160A, Art. 19, Part 3D as the same may be amended from time to time.
(5) Reimbursement to the town for its expenses in constructing or providing for water or sewer utility capital improvements adjacent or ancillary to the development if the owner or developer has agreed to be financially responsible for such expenses; however, such reimbursement shall be credited to any system development fee charged per division (K) below, as required per G.S § 162-207(c).
(D) System development fees will not be charged on buildings or other improvements constructed to replace like buildings provided that the replacement will not result in any increased capacity requirements over that required to serve the replaced building. System development fees are transferable between locations on different parcels of property as long as the parcels are contiguous or separated only by a street or alley and part of a single or multi-phased project shown on an approved site plan at the time of issuance of a building permit.
(E) No system development fee shall be charged or assessed with respect to any new development for which a system development fee under this subchapter has been collected at the time of plat recordation involving the subdivision of land and the amount of capacity associated with that payment of the system development fee has not increased at the time of application for the building permit. If the amount of capacity is increased at the time of application for a building permit, then a system development fee may be charged for the difference in the amount of the increased capacity minus the system development fee previously paid under this section.
(F) (1) For new development involving the subdivision of land, the system development fee shall be collected at the later of the time of application for a building permit, or when water or sewer service is committed by the town.
(2) For all other new development, system development fees are due at the earlier of the time of application for connection of the individual unit of development to the service or facilities, or when water or sewer service is committed by the town.
(3) For purposes of this section, water and/or sewer service shall be deemed committed by the town at such time as the Public Works Department has approved the connection. Fees shall be assessed based on the schedule of fees in effect at the time the fees are collected.
(G) System development fees for connections for uses not listed in 15A NCAC 2T.0114 shall be established by the Town Manager after consultation with town staff based upon the considerations set forth at division (J)(2) below. System development fees established in this manner may be appealed to the Town Council.
(H) Additions, alterations to or replacements or change in use of existing buildings shall be required to pay a system development fee based on the rates applicable at the time of connection or at the time such addition, alteration, replacement or change in use is placed into service. When a change in use occurs, the new use will pay the difference calculated between the existing use and the proposed use.
(I) Buildings that contain more than one use shall have the system development fee calculated from the sum of each use in the building.
(J) (1) The following system development fee shall be paid for connections to the town municipal water and sewer systems based on the customer's calculated anticipated daily flow rate converted to Equivalent Residential Units (ERUs). The system development fee shall be the same regardless of the customer's location inside or outside the municipal limits of the town.
TABLE 1
15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES
(a) This rule shall be used to determine wastewater flow rates for all systems covered by this section unless alternate criteria are provided by a program specific rule and for flow used for the purposes of 15A NCAC 02H.0105. These are minimum design daily flow rates for normal use and occupancy situations. Higher flow rates may be required where usage and occupancy are atypical, including, those in paragraph (e) of this rule. Wastewater flow calculations must take hours of operation and anticipated maximum occupancies/usage into account when calculating peak flows for design.
(b) In determining the volume of sewage from residential dwelling units, the flow rate shall be as provided pursuant to G.S. § 143-215.1(f3) (currently 75 gallons per day per bedroom and 75 gallons per day per each additional bedroom). Each bedroom or any other room or addition that can reasonably be expected to function as a bedroom shall be considered a bedroom for design purposes.
(c) The wastewater design flow ratesset forth at 15A NCAC 02T .0114 (as such may be amended from time to time), provided below, shall be used to determine the minimum allowable design daily flow of non-residential wastewater facilities. It is recognized that the design flow figures in 15A NCAC 02T.0114 may be questioned for any given establishment/use; however, these are the figures developed by the state and are the figures the town must use in seeking permits from the state. Design flow rates for establishments not identified below shall be determined using available flow data, water-using fixtures, occupancy or operation patterns, and other measured data.
Type of Establishments (Uses) | Daily Flow for Design |
Type of Establishments (Uses) | Daily Flow for Design |
Barber and beauty shops | |
Barber shops | 50 gal/chair |
Beauty shops | 125 gal/booth or bowl |
Businesses, offices and factories | |
General business and office facilities | 25 gal/employee/shift |
Factories, excluding industrial waste | 25 gal/employee/shift |
Factories or businesses with showers or food preparation | 35 gal/employee/shift |
Warehouse | 100 gal/loading bay |
Warehouse - self storage (not including caretaker residence) | 1 gal/unit |
Churches | |
Churches without kitchens, day care or camps | 3 gal/seat |
Churches with kitchen | 5 gal/seat |
Churches providing day care or camps | 25 gal/person |
Fire, rescue and emergency response facilities | |
Fire or rescue stations without on-site staff | 25 gal/person |
Fire or rescue stations with on-site staff | 50 gal/person/shift |
Food and drink facilities | |
Banquet, dining hall | 30 gal/seat |
Bars, cocktail lounges | 20 gal/seat |
Caterers | 50 gal/100 sq ft floor space |
Restaurant, full service | 40 gal/seat |
Restaurant, single service articles | 20 gal/seat |
Restaurant, drive-in | 50 gal/car space |
Restaurant, carry out only | 50 gal/100 sq ft floor space |
Institutions, dining halls | 5 gal/meal |
Deli | 40 gal/100 sq ft floor space |
Bakery | 10 gal/100 sq ft floor space |
Meat department, butcher shop or fish market | 75 gal/100 sq ft floor space |
Specialty food stand or kiosk | 50 gal/100 sq ft floor space |
Hotels and motels | |
Hotels, motels and bed & breakfast facilities, without in-room | 120 gal/room |
Hotels and motels, with in-room cookingfacilities | 175 gal/room |
Resort hotels | 200 gal/room |
Cottages, cabins | 200 gal/unit |
Laundry facilities, self-service | 500 gal/machine |
Medical, dental, veterinary facilities | |
Medical or dental offices | 250 gal/practitioner/shift |
Veterinary offices (not including boarding) | 250 gal/practitioner/shift |
Veterinary hospitals, kennels, animal boarding facilities | 20 gal/pen, cage, kennel or stall |
Hospitals, medical | 300 gal/bed |
Hospitals, mental | 150 gal/bed |
Convalescent, nursing, rest homes without laundry facilities | 60 gal/bed |
Convalescent, nursing, rest homes with laundry facilities | 120 gal/bed |
Residential care facilities | 60 gal/person |
Park, recreation, campgrounds, R-V parks and other outdoor activity | |
Campground with comfort station, without water or sewer | 75 gal/campsite |
Campground with water and sewer hookups | 100 gal/campsite |
Campground dump station facility | 50 gal/space |
Construction, hunting or work camps with flush toilets | 60 gal/person |
Construction, hunting or work camps with chemical or portable | 40 gal/person |
Parks with restroom facilities | 250 gal/plumbing fixtures |
Summer camps without food preparation or laundry facility | 30 gal/person |
Summer camps with food preparation and laundry facilities | 60 gal/person |
Swimming pools, bathhouses and spas | 10 gal/person |
Public access restrooms | 325 gal/plumbing fixture |
Schools, preschools and day care | |
Day care and preschool facilities | 25 gal/person (child and) |
Schools with cafeteria, gym and showers | 15 gal/student |
Schools with cafeteria | 12 gal/student |
Schools without cafeteria, gym or showers | 10 gal/student |
Boarding schools | 60 gal/person (student) |
Service stations, car wash facilities | |
Service stations, gas stations | 250 gal/plumbing fixtures |
Car wash facilities (if recycling water see Rule .0235) | 1,200 gal/bay |
Sports centers | |
Bowling center | 50 gal/lane |
Fitness exercise, karate or dance center | 50 gal/100 sq ft |
Tennis, racquet ball | 50 gal/court |
Gymnasium | 50 gal/100 sq ft |
Golf course with only minimal food service | 250 gal/plumbing fixture |
Country clubs | 60 gal/member or patron |
Mini golf, putt-putt | 250 gal/plumbing fixture |
Go-kart, motocross | 250 gal/plumbing fixture |
Batting cages, driving ranges | 250 gal/plumbing fixture |
Marinas without bathhouse | 10 gal/slip |
Marinas with boathouse | 30 gal/slip |
Video game arcades, pool halls | 250 gal/plumbing fixtures |
Stadiums, auditoriums, theaters, community centers | 5 gal/seat |
Stores, shopping centers, malls and flea markets | |
Auto, boat recreational vehicle dealerships/ showrooms with | 125 gal/plumbing fixture |
Convenience stores, with food preparation | 60 gal/100 sq ft |
Convenience stores, without food preparation | 250 gal/plumbing fixtures |
Flea market | 30 gal/stall |
Shopping centers and malls with food service | 130 gal/1,000 sq ft |
Stores and shopping centers without food service | 100 gal/1,000 sq ft |
Transportation terminals - air, bus, train, ferry, port and dock | 5 gal/passenger |
(K) In calculating system development fees with respect to new development, the town will credit the value of costs in excess of the development's proportionate share of connecting facilities required to be oversized for use of others outside of the development. No credit shall be applied, however, for water or sewer capital improvements on-site or to connect new development to water or sewer facilities.
(L) All system development fees collected by the town shall be deposited to the town's water and/or sewer capital reserve funds and expended as provided by G.S. § 162A-211, as such may be amended from time to time.
(Ord. passed 6-19-2018; Ord. passed 7-17-2018; Ord. passed - - ; Ord. passed 11-8-2023)