§ 51.03 AVAILABILITY AND TAP FEES.
   (A)   Availability fees. When the town's sanitary sewer facilities are capable of serving an area or property of, or within four miles of, the town, availability fees on behalf of the unconnected property shall be required in amounts of $2,385 per equivalent development unit (EDU) regardless of acreage involved. Such amounts may be appropriately higher where commercial or industrial use of property is involved, or where circumstances otherwise warrant greater fees, as determined by the Town Council. The equivalent number of dwelling units in the case of uses or units other than a single-family residence, shall be determined in accordance with the EDU table set forth in § 51.10. This table shall replace the table set forth in Ordinance 2-27-79. The number of equivalent units for situations not covered by § 51.10 shall be determined by the Town Council. No connection shall be permitted to the town sanitary sewer system until such fees are paid to the utility representing the equivalent cost invested by the existing rate payers as detailed in the Cost-Based Connection Fee Study performed by Triad Associates, Inc. for the town dated August 6, 1996. The cost reflects the historical treatment and collection costs of the Wastewater system. The study is available for public review at the Utility Office.
   (B)   Availability fees shall be payable in accordance with this section. 50% shall be paid by the developer prior to commencement of construction of the development. The remainder 50% shall be paid prior to final acceptance of the developer provided and installed infra-structure and connection to the Utility's Collection System. No building permits will be issued prior to the receipt of all Availability Fees by the Utility. The availability fees required by this subchapter shall be effective on January l, 1997. Developments or portions of developments currently involved in the review process of the town and Township Plan Commission not constructed and accepted by the town by April l, 1997 shall be subject to the Fees of this section.
   (C)   Tap fees. Effective upon enactment of this section, the charge for connecting a consumer to the Town Sanitary Sewer System and providing the inspection, location and review services shall be in the amount of $610 per connection. Said charge shall be paid in full at the time of making application for such individual service and in any event shall be paid in full prior to work being started on such connection. Tap fees shall be in addition to availability fees. Basis for Tap Fees are in accordance with the Cost-Based Tap Fee Study performed by Triad Associates, Inc. for the town dated August 6, 1996.
   (D)   All infra-structure shall be in accordance with the Utility's Standards available for review at the Utility Office.
   (E)   Reimbursement for Cost of Oversized Facilities. In the event that an owner or developer constructs and dedicates to the town, wastewater facilities, with capacity larger than that needed for the development the town may reimburse to the developer or owner the amount of such excess by paying to the developer or owner no more than one-half of each availability fee paid on behalf of the customer (“interceptor customer”) for the privilege of connecting to an interceptor. Reimbursement for excess investment by an owner or developer in such facilities, however, shall in no event be made over a period exceeding 15 years from the date of such excess investment. This reimbursement is at the sole discretion of the Town Council.
(Ord. 2-27-79, passed 2-27-79; Am. Ord. 11-17-92-2, passed 1-5-93; Am. Ord. 11-12-96-4, passed 11-26-96; Am. Ord. 09-19-2000-1, passed 10-17-00; Am. Ord. 10-04-2005-1, passed 11-1-05)