A. Wastewater Facilities; Allocation Of Cost: Except as otherwise provided herein, a property owner or developer shall be responsible for the costs and construction of all wastewater facilities and the appurtenances thereto in and through his property or development upon approval of the plans and specifications by the town. The town's subdivision regulations and other relevant land use regulations shall be followed when applicable. The town shall inspect and approve the actual construction of wastewater facilities, prior to connection to the town wastewater system. The construction of wastewater facilities shall include the following:
1. The town may require the owner or developer to construct a collection line larger than that required for his needs for the service of lands adjacent to his property or development, in which case the town may enter into a cost recovery agreement with the owner or developer to collect a pro rata share of the costs of such construction from the owner of the adjacent lands at the time of their connection to the system and refund such costs to the owner or developer.
2. When an owner or developer finds it necessary to construct wastewater facilities through or adjacent to nonserviced or undeveloped lands, the owner or developer shall pay the entire cost of such facilities. However, the town may agree in writing with the owner or developer to collect a pro rata share of the costs from the owner of property served by facilities at the time of such connection to the wastewater system and shall refund such cost to the owner or developer.
3. In the event that pump stations and force mains are required, the cost of constructing said stations and mains shall be the responsibility of the owner of property served thereby. Where it appears that more area or lands may be served by the pump station and force mains, the town may require a larger capacity than necessary to serve the initial development. Where such larger capacity is required, the town may enter into a cost recovery agreement with the owner or developer to collect a pro rata share of the costs from adjacent lands at the time of their connection and refund such costs to the owner or developer.
4. In those instances where pump stations and force mains are required, the wastewater system shall be designed where possible so as to permit an eventual connection into a gravity system with a minimum of expense. Where practical, easements shall be provided and lines constructed to tie into the gravity system. The town may require deposits from the property owners requiring said force system, where deemed necessary, to pay for the eventual construction of gravity lines.
5. All costs incidental to or resulting from the procurement by the town of any required easement or right of way, whether obtained by dedication, contract, condemnation or otherwise, shall be borne by the owner or developer, unless this requirement is waived by the town board.
6. A property owner or developer, at the discretion of the board, may be responsible for the cost of construction of relief sewers and necessary appurtenances when the proposed flow demand exceeds existing sewer system capacity. The town may enter into a cost recovery agreement with the owner or developer should a relief sewer be required.
B. Installation Cost: All costs and expenses incidental to the installation and connection of service lines from the collection line to the premises shall be borne by the owner of such premises. The owner shall indemnify the town for any loss or damage to the town that may directly or indirectly be occasioned by the installation of such service line.
C. Connection Charge: In each lot, subdivision or addition, located inside the town limits, for which a request for wastewater connection or addition to the wastewater treatment system of the town shall be made, there is and shall be a connection charge imposed against the requesting owner. Said connection charge shall consist of a permit charge and a system development charge, and may also include cost recovery agreement charges where applicable. Such charges shall also apply to users who, upon disconnection, later decide to reestablish the connection to the town system.
D. Permit Charge: A permit charge shall be assessed for each connection to or disconnection from the wastewater treatment system of the town to defray the costs of administration and inspection. Such charge shall be assessed and collected prior to the issuance of a permit to connect or a disconnection permit. For each one-family dwelling or mobile home, the amount of the permit charge shall be twenty dollars ($20.00). For each commercial or industrial premises and for each two- family dwelling or multiple dwelling, the amount of the permit charge shall be twenty dollars ($20.00) for the first fifteen (15) fixture unit equivalents, and twenty dollars ($20.00) for each additional fifteen (15) fixture unit equivalents or portions thereof. (Ord. 212, 8-3-1999)
E. System Development Charge: A system development charge, formerly known as a tap fee, in the amount of three thousand five hundred dollars ($3,500.00) shall be assessed for each connection to the wastewater system of the town to compensate the town for administrative costs and work and to partially defray the cost of capital improvement of such system. Such charge shall be collected at the time the application for wastewater service is filed and such fee shall be for each new connection into the collection line and shall be charged for all new users or connections regardless of whether the new user or connection is tapping into an exiting tap or directly into the wastewater system. The system development charge may be increased at the discretion of the town board. Of the amount paid to the town clerk for the system development charge, twenty percent (20%) of the charge shall be applied towards the administrative cost and work incurred by the town in processing the application, and the remaining eighty percent (80%) of the charge shall be applied towards the impact that the application and use will have on the town wastewater system. Any permit issued hereunder shall retain the stated system development charge for up to one year from the date of issuance. Should the permittee fail to connect to the town wastewater system within one year from the issuance of the permit, then prior to making the connection to the town wastewater system the permittee shall pay any increase in the system development charge that may have been implemented by the board of trustees since the issuance of the permit. Further, should the permittee fail to connect to the town wastewater system within two (2) years from the date of the issuance of the permit, then the permit shall expire and become null and void. In the event that the connection is not made within a period of two (2) years from the date of the issuance of the permit, the system development charge shall be forfeited and nonrefundable unless the permittee can show to the board of trustees' satisfaction, by majority vote, that special circumstances beyond the permittee's control prevented the connection from occurring in a timely manner. (Ord. 230, 2-5-2002)
1. Multi-Dwelling Units: Any owner or developer seeking to construct a multi-dwelling unit, as approved by the town through agreement as required in this code, shall be required to pay a system development charge, relative to the town wastewater system, in the amount of three thousand five hundred dollars ($3,500.00), plus the sum of five hundred dollars ($500.00) per planned unit. (Ord. 260, 12-5-2006, eff. 1-1-2007)
2. Six Inch Wastewater Connection Or Tap: Effective January 1, 2013, the system development charge for a wastewater pipe six inches (6") in diameter, shall be seven thousand nine hundred dollars ($7,900.00). Any requested wastewater connection exceeding six inches (6") in diameter shall be determined by the board, and its engineer, after considering all relevant criteria and circumstances.
F. Rates And Charges: Effective January 1, 2013, the base rate for residential single-family properties shall be a flat twenty six dollars sixty cents ($26.60) per month. The rates to be assessed to commercial and multi-family users shall be based upon the actual, average usage by the commercial or multi-family user as compared to a single-family residence. The monthly rate to be applied to each use shall be determined by multiplying the base rate of twenty six dollars sixty cents ($26.60) by the designated equivalent to a single-family residence (EQR) as follows: (Ord. 291, 12-11-2012)
Type Of Business
|
EQR Factor
|
Type Of Business
|
EQR Factor
|
Beauty shops | 2.0 for first 4 chairs 0.2 for each additional chair |
Laundromats | 0.2 per each washer |
Light industry | 0.9 for each set of 10 employees |
Locker plants | 0.5 per 1,000 square feet |
Motels | 1.0 per each manager unit and 0.2 for each bed |
Nursing homes | 0.4 per bed |
Restaurants | 0.2 for the first 20 seats 1.2 for each additional set of 20 seats |
Schools (with gym and cafeteria) | 0.42 for each set of 10 students and teachers |
Service stations | 1.0 for the first gasoline or diesel pump 0.30 for each additional gasoline or diesel pump |
(Ord. 225, 1-3-2001)
G. Delinquent Charges: Monthly charges shall commence and accrue immediately upon occupation of the subject property. Charges shall be billed monthly on or about the first day of each month. Payment received on or before the fifteenth day of the same month billed shall be deemed to have been paid by the scheduled due date. Payments received six (6) days after the scheduled due date of the month shall be considered to be delinquent and shall be subject to a delinquency charge of fifteen dollars ($15.00) or five percent (5%) of the principal amount owed whichever is greater beginning upon the delinquent date and continuing up to, but not exceeding, four (4) additional months. (Ord. 217, 12-7-1999, eff. 1-1-2000)
H. Changes In Rates: The board may, in its discretion, periodically change the rate schedule to reflect the total costs to the town of the operation and maintenance of the wastewater system. In the absence of direction action on the part of the board in any particular year, those rates referred to in subsection F of this section, shall be adjusted by the amount of the previous year's Denver-Boulder consumer price index with no further action of the board of trustees. The annual adjustment shall take place on January 1, 2006, and then shall continue to take place, thereafter, in the January billing. The adjusted rate increase, upon computation by the town, shall be placed in this section, for review by the town citizens and other interested persons. (Ord. 259, 9-12-2006)