Except as provided in this section, the town shall charge water and sewer system development fees. These fees shall apply uniformly to all real property within the town's utility service area, and shall be collected in addition to any other fees or charges allowed by the North Carolina General Statutes and set forth in the town's Code of Ordinances, including but not limited to tap fees and rates for water and sewer service, as adopted by the Town Council pursuant to § 50.10, and any fees charged by the town pursuant to Chapters 51 or 52 of the Code of Ordinances.
(A) Water and sewer system development fees. The town shall charge system development fees on all new development that requests to use the town's water distribution system and/or the town's sewer system or the services furnished or to be furnished by the systems in an amount as set forth in the Town of Clayton Comprehensive List of Fees and Charges.
(B) Nutrient fees.
(1) The town shall charge nutrient fees to all properties which propose to connect or expand their use of the town's sewer system or the services furnished or to be furnished by the system to recover nutrient related investments made by the town in an amount as set forth in the Town of Clayton Comprehensive List of Fees and Charges.
(2) Residential connections to the town's sanitary sewer system, either inside or outside the town's municipal corporate limits, shall be assessed a nutrient fee calculated on a per dwelling basis for single-family residential dwellings, and on a per unit basis for multi-family residential dwellings, and shall be in an amount as set forth in the Town of Clayton Comprehensive List of Fees and Charges.
(3) All commercial, industrial and institutional connections to the town's sanitary sewer system, either inside or outside the town's municipal corporate limits, shall be assessed a nutrient fee calculated based on the average annual wastewater flow of the property to be served, and shall be in an amount as set forth in the Town of Clayton Comprehensive List of Fees and Charges.
(C) Payment. Except as provided in this section, all system development fees must be paid as required by § 162A-213, Time for collection of system development fees. Nutrient fees shall be paid at the same time as system development fees.
(D) Water service districts. All connections involving a property within a water service district established pursuant to Chapter 153A of the North Carolina General Statutes shall be subject to a development agreement.
(E) Definitions.
NEW DEVELOPMENT, as herein used, shall mean any of the following which increases the capacity necessary to serve that development: (1) the subdivision of land; (2) the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure which increases the number of service units; and (3) any use or extension of the use of land which increases the number of service units.
SYSTEM DEVELOPMENT FEES, as herein used, shall be defined as a charge or assessment for service imposed 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. The term includes amortized charges, lump-sum charges, and any other fee that functions as such. SYSTEM DEVELOPMENT FEES are developed in accordance with G.S. Chapter 162A, Article 8, and are in the amount as set forth in the Town of Clayton Comprehensive List of Fees and Charges.
(Ord. passed 1-16-01; Am. Ord. 2016-08-01, passed 8-1-16; Am. Ord. 2017-03-01, passed 3-6-17; Am. Ord. 2018-07-07, passed 7-16-18; Am. Ord. 2020-11-03, passed 11-16-20)