(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONNECTION FEE. The payment required for the benefit or privilege of making a connection, directly or indirectly, to the town’s waterworks system, which is to be paid in accordance with this subchapter.
DEVELOPER. An owner of, or person acting on behalf of an owner to develop or improve property to be served by the town’s water utility.
EQUIVALENT DWELLING UNIT. A conversion of flows from non-residential use or multi-family units to flows equivalent to single-family dwelling(s). Generally, one EQUIVALENT DWELLING UNIT is equal to a 310-gallon per day usage rate.
TAP FEES. The fees to reimburse the town for the direct costs associated with making a connection to the water main. The fee includes direct costs such as materials, labor, equipment, pavement replacement, inspection, administration and review, as well as any other costs incurred in processing the application and making the connection. The fee does not include required backflow prevention devices and necessary metering equipment to meter the use of water by a user.
(B) (1) Prior to connecting to the town’s waterworks system, a developer shall be required to pay a connection fee in the amount of $1,765 per equivalent dwelling unit. Multi-family dwelling units and non-residential users shall be converted to an equivalent dwelling unit as determined by the type of user. The equivalent dwelling units assessed shall be in accordance with the equivalent dwelling unit table contained in division (I) below.
(a) These fees will be used by the utility in the best interests of the utility and in accordance with the utility’s policy, but shall be primarily available to offset the costs of future extensions, modifications and improvements to the town’s waterworks system. Connection fees for fire sprinkler connections and for users not listed in the table or of unique character will be established by the Town Council with any necessary assistance or input from the Superintendent of the town’s water utility subject to appeal in accordance with division (H) below. Replacements, improvements, additions and/or expansions of an existing facility or building which requires a building permit shall subject the user to the fees outlined in this subchapter for the replacement, improvement, addition and/or expansion project. In addition, the submission of false, fraudulent, inaccurate or erroneous information by a user when applying for approval to make a connection to the town’s waterworks system shall subject the user to being reassessed at any time the appropriate amount under this subchapter for the connection fee. For a period of two years after occupancy, a developer shall be liable for and subject to being reassessed for any additional connection fees based upon the actual usage of the property if such actual usage would result in a larger connection fee being due and payable to the town.
(b) These fees are representative of the historical costs that have been invested in the waterworks system by the existing rate payers, as determined by an independent study performed for the town. Connection fees are in addition to tap fees and user fees. These fees may be revised from time to time, as required by the town.
(2) At the time a transfer of or change in a utility account is requested by a new user or new owner of a property served by the town’s water utility and/or the town’s sewer utility, the new user or owner shall complete an application for utility service. The utility account, however, shall not be changed or transferred until the new user or new owner and the existing account holder contact the town. If the application is not completed and filed by the new user or new owner with the town within two weeks after the transfer or change is made, any municipal water or sewer service serving the property shall be subject to termination.
(C) The tap fee for connecting a user to the town’s water distribution system shall be $1,492 for three-quarter inch connections and $1,672 for one-inch connections. Tap fees for fire sprinkler connections and connections not listed herein will be established by the Superintendent of the town water utility subject to appeal in accordance with division (H) below. Tap fees shall be in addition to connection fees and user fees. Tap fees are based on the direct cost of service as determined by an independent study performed for the town. These fees may be revised from time to time, as required by the town.
(D) Connection fees and tap fees to users outside of the corporate limits will be the same as that charged to users located within the corporate limits of the town.
(E) The following payment schedule shall apply.
(1) Connection fees shall be paid in full at the time of application for such service and prior to work being started on such connection.
(2) Tap fees shall be paid in full at the time of application for such service and prior to work being started on such connection.
(3) No connection to the water utility will be allowed prior to receipt by the town of all connection fees and tap fees required under this subchapter.
(4) In the event an application for service is denied or the actual connection is not made, any connection fees and tap fees paid shall be refundable, without interest, to the applicant upon request. At the time a refund is made, any previously issued permit for such utility service under this subchapter shall be rescinded.
(5) Permits for utility service issued under this subchapter shall be valid for a period of one year from the date of issuance.
(F) The connection fees and tap fees established by this subchapter shall take effect with respect to applications for service filed.
(G) This subchapter, and the fees set out herein, may be amended from time to time by the Town Council when conditions exist that indicate that the established charges are no longer equitable to customers of the municipal waterworks system or for developers of property connecting to said distribution system.
(H) Any person, group, firm, company, partnership, corporation, limited liability company, limited liability partnership or other organization adversely affected by the application of this subchapter may present an appeal to the Town Council.
(1) The appeal shall be filed with the Town Clerk who shall forward a copy of the appeal to the Town Council and the Superintendent of the town’s water utility.
(2) The appeal shall be submitted no later 30 days after the adverse decision appealed from is made. The appellant shall submit such number of copies of the appeal as the Town Council may prescribe from time to time. The appeal shall be in such form and contain such information as the Town Council may prescribe from time to time, but shall in all instances contain a concise written statement explaining the nature of the appeal, identifying the issues involved and presenting the position of the appellant.
(3) The Town Council shall review and consider the appeal at a hearing prior to which the appellant shall be given at least ten days’ notice and at which hearing the appellant shall be entitled to participate. Following the review and decision, the Town Council shall transmit to the Town Clerk, the Superintendent of the town’s water utility a written report giving its findings and affirming, modifying or reversing the application of this subchapter to the appellant.
(4) It is specifically provided that the failure to apply for and seek any necessary permits as well as the failure to appeal any application of this subchapter as provided under this section shall work as a bar in challenging this subchapter or its requirements in court.
(I) Town equivalent dwelling unit table; connection charges per equivalent dwelling unit:
Town Equivalent Dwelling Unit Table; Connection Charges per Equivalent Dwelling Unit | |
Type of User | Unit Equivalent* |
Town Equivalent Dwelling Unit Table; Connection Charges per Equivalent Dwelling Unit | |
Type of User | Unit Equivalent* |
Assembly halls, lodges, veteran organizations | 0.01 per seat |
Barber and beauty shops | 0.60 per chair |
Bars and cocktail lounges | 0.10 per seat |
Bowling alleys | 0.32 per lane |
Churches | 0.01 per seat |
Day care centers | 0.03 per child and staff |
Doctor/dentist office | 2.00 per 1,000 square feet of building area |
Drive-in/drive-through restaurants | 0.40 per car space |
Drive-in theaters | 0.02 per space |
Hospitals | 0.50 per bed |
Institutions other than hospitals | 0.40 per bed |
Kennel | 0.10 per cage |
Laundromats | 1.00 per washing machine |
Manufacturing facilities | Based on industrial process used; usage shall be estimated and converted to EDUs based on 310 gpd |
Mobile home parks | 0.75 per space |
Motels and hotels | 0.32 per room |
Multi-family residences (per unit) | |
One bedroom | 0.64 |
Two bedrooms | 0.96 |
Three or more bedrooms | 1.00 |
Nursing homes | 0.30 per bed |
Offices/government agencies | 0.50 per 1,000 sf of building area |
Restaurants | 0.10 per seat |
Retail space | 1.00 per 1,000 sf of building area |
With fountain space add | 0.10 per seat |
Rooming houses | 0.30 per renter |
Schools | 0.05 per pupil |
With cafeteria and showers | 0.09 per pupil |
Service station | 0.70 per island |
Single-family residences and condominiums (per unit) | 1.00 |
Theaters | 0.01 per seat |
Unique facilities | Negotiated |
Warehouse | 0.04 per 1,000 sf of building area |
NOTES TO TABLE: Changes in use by addition or remodeling shall be subject to applicable fees in accordance with this table *Equivalent dwelling units are based on 310 gpd as typical for a single-family dwelling | |
(Ord. 2009-1, passed - -)