§ 52.067  CAPACITY FEE.
   (A)   Establishment of wastewater system capacity fee.
      (1)   A wastewater system capacity fee is hereby created and is required to be paid to the town prior to the connection of any new sewer service to the town’s wastewater system or the modification of an existing sewer service which would increase its capacity.
      (2)   The wastewater system capacity fee shall be $750 per residential equivalent unit.
      (3)   The Superintendent and/or Town Council shall review the wastewater system capacity fee at least once every two years and report to the Town Council any recommended adjustments to the wastewater system capacity fee.
   (B)   Use of wastewater system capacity fee.
      (1)   The wastewater system capacity fee shall only be used for payment of capital project costs associated with major improvements or expansion of the town’s wastewater collection, pumping, or treatment system components.
      (2)   Capital project costs include legal fees, financing fees, engineering fees, construction costs, or any other costs directly associated with the development and/or implementation of improvements to the wastewater system.
      (3)   Expansion of collection, pumping, or treatment systems is considered:
         (a)   The expansion of existing systems or construction of new systems in order to provide transport or treatment capacity (either hydraulic processing or waste load treatment capacity); and/or
         (b)   The upgrade of existing systems to meet federal, state, or local treatment requirements.
   (C)   Establishment of wastewater system capacity fee deposit account.
      (1)   A wastewater system capacity fee deposit account shall be established for the deposit of all wastewater system capacity fees collected. All interest earned on the deposits of this account shall remain in the account and may be used in the same manner as the account’s deposits. The wastewater system capacity fee deposit account shall be audited and reported to the Town Council consistent with the auditing of other town financial accounts.
      (2)   Expenditure of wastewater system capacity fee deposit account funds by the Superintendent and/or Town Council shall only be upon the approval of the Town Council as documented by the passage of a Town Council ordinance or resolution authorizing the capital project, the uses of the funds being authorized, and the amount of the funds authorized for expenditure. Nothing contained herein shall require the Town Council to authorize the expenditure of wastewater system capacity fee account funds.
(2000 Code, § 11-14)  (Ord. 2001-8, passed 12-27-2001)