(A) In general. An applicant will be notified by the town of the applicable capacity charges required at the time of application for a building permit or connection is requested. Capacity charges will be assessed by the town at the time of application for a building permit or connect is requested and will be paid by the applicant prior to the issuance of the building permit or water and/or wastewater services are provided.
(B) Calculation.
(1) Upon receipt of an application for a water service agreement, the town will determine the fees based on the requested meters size(s) and the number of meter(s) requested.
(2) (a) Upon receipt of an application for a building permit, the town will determine if it is for a change in use. In such cases, the capacity charges due will be based only on the incremental difference in meter size.
(b) If the meter size increases from the existing meter to the new requested meter, the client will be assessed the difference in capacity charges.
(c) If the meter size decreases from the existing meter to the new requested meter, the town will not refund the difference in fees assessed.
(3) (a) After making these determinations (meter size and number of meters), the town will assess the new development for water and/or wastewater facilities a capacity charge incorporating any applicable offset if set forth in the particular capacity charge calculation methodology. The final decision of the Town Engineer may be appealed pursuant to § 53.07 herein.
(b) An applicant may request a non-binding estimate of capacity charges due for a particular new development at any time by filing a request on a form provided for such purpose by the Engineering Department; provided, however, that such estimate may be subject to change when a formal application for a building permit for new development is made. Such non-binding estimate is solely for the benefit of the prospective applicant and shall in no way bind the town nor preclude it from making amendments or revisions to any provisions of this chapter, the specific capacity charge implementing ordinances or the capacity fee schedules.
(4) The calculation of capacity charges due from a multiple-use new development shall be based upon the aggregated size and number of water meters requested in the new development.
(5) The calculation of capacity charges due from a phased new development will be based upon the size and number of water meters requested within the phase of development for which a separate building permit is requested.
(6) Capacity charges will be calculated based on the capacity charge amount in effect at the time of application for a building permit or connection request is made.
(C) Offsets.
(1) Offsets against the amount of capacity charges due from a new development will be provided for, among other things, contributions made or to be made in the future in cash, or by dedication of land or by actual construction of all or part of a water or wastewater facility by the affected property owner for public facilities meeting or exceeding the demand generated by the new development and the contribution is determined by the town to be a reasonable substitute for the cost of water or wastewater facilities which are included in the particular capacity charge calculation methodology.
(2) The amount of the excess contribution will be determined by the town upon receipt of an application form requesting an offset; provided, however, that:
(a) The town will make no reimbursement for excess contributions unless it is part of a negotiated development agreement accepted by a vote of the Mayor and Town Council.
(b) The excess contribution may not be transferred or credited to any other type of charges or fees calculated to be due from that development for other type of public facilities.
(3) No offset will be allowed unless the town has approved the contribution or expenditure before it is made.
(4) Offsets for dedication of land or provision of water or wastewater facilities will be applicable only as to capacity charges imposed for the same types of facilities that are proposed to be dedicated or provided. Even if the value of the dedication of land or provision of a facility exceeds the capacity charges due for the type of water or wastewater facility, the excess value may not be transferred to capacity charges calculated to be due from the applicant for other types of public facilities that capacity charges or development fees maybe imposed. Offsets may, however, be transferred to the same applicant or to other applicants for new development, which are proposed within the final approved platted area of the same development and for the same type of public facility.
(D) Collection. The town will collect all applicable capacity charges at the time of issuance of a water service agreement or meter set application and will issue a receipt to the applicant for such payment unless:
(1) The applicant is determined to be entitled to a full offset; or
(2) The applicant has filed an appeal and a bond or other surety in the amount of the capacity charges, as calculated by the town and approved by the Town Attorney and Town Engineer, has been posted with the town.
(Ord. O2017-05, passed 5-1-17)