§ 50.113  SYSTEM DEVELOPMENT FEES.
   (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 120 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms shall increase the volume by 120 gallons per day. 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. When the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day.
         (c)   The following table derived from 15A NCAC 02T .0114 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
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 - -)