§ 50.03 TAP ON AND CAPACITY CHARGES.
   The City of Simpsonville hereby establishes the following tap on capacity charges for each separate unit/user connected to the Simpsonville sewer system.
   (A)   Residential connections.
      (1)   Tap-on charge. A connection charge of $2,000 for each separate residential dwelling unit/user connected to the system is hereby assessed.
      (2)   Capacity charge. A capacity charge of $2,000 for each new residential dwelling unit/user connected to the system is hereby assessed.
      (3)   A residential dwelling unit herein shall be defined as a family unit maintaining separate and independent housekeeping. This is further defined to include each single family dwelling and each separate residence in a multiple dwelling unit/user, such as each unit in a duplex, apartment, condominium, town house, trailer court, trailer park and the like. Notwithstanding the foregoing, for any multi-unit sewer customer which is residential, and which contains eight or more units, same shall for the purposes of determining tap on fees and connection fees hereunder be considered to be a commercial user as defined herein.
   (B)   Fees for all other classifications.
      (1)   A tap-on charge is hereby assessed as prescribed for all non-residential properties and for all other classifications, including, but not limited to, commercial, industrial, public and quasi-public uses: a connection charge to be calculated and computed at the rate of $400 per 1,000 gallons monthly water usage based upon the estimated average monthly usage for one year; to be adjusted at the end of the first year of actual use, said adjustment to be an additional assessment or a credit according to the variance (plus or minus) from the initial estimate used in calculating the connection fee but in no event shall the tap-on fee be less than $2,000.
      (2)   The capacity charge for all non-residential classifications of properties within the city limits shall be assessed and computed at the rate of $400 per 1,000 gallons of monthly water usage, based on the estimated average monthly usage for one year; said charge to be paid in advance at or before the time of connection to the sewer system; to be adjusted at the end of the first year of actual usage, said adjustment to be an additional assessment, or a credit, according to the variance (plus or minus) from the initial estimate used in calculating the capacity charge, but in no event shall the capacity charge be less than a minimum charge of $2,000; further, the city through its Sewer Board hereby reserves the right at any time in the future to increase and/or impose and collect an additional capacity charge should the average monthly usage of any previously connected customer increase over usage as calculated and determined for the first year.
   (C)   Properties situated outside city limits.
      (1)   All properties situated outside the corporate limits of the City of Simpsonville are deemed to be distinct from similar properties located within the city limits in that these properties outside the city, including residential, are more expensive to provide services to and are not subject to the City of Simpsonville property taxes, zoning regulations and the other regulatory laws of the city. Therefore, such properties are declared to belong to a separate category and classification, distinct from properties situated within the city limits.
      (2)   All the provisions applicable to the various classifications of properties situated within the city limits are applicable to the several classifications of properties in this category, that is, properties situated outside the city limits, including the tap-on and capacity charge rates, except that such rates (user rate, capacity and tap on charge) are hereby increased by 40% of the amount assessed for similar properties within the city limits. Provided, however, those entities known as the Whitney Young Job Corp Center and the Rest Stop facility of the Commonwealth of Kentucky pre-existed the adoption of this 40% extra charge and shall continue at a 20% charge above the otherwise established rates for property located in the city.
   (D)   Payment. All sums payable pursuant to this section shall be paid in advance of issuance of any tap-on permit and before connection to the sewer system of the City of Simpsonville.
   (E)   Other provisions.
      (1)   The terms hereof shall apply both to direct and indirect connections and include any connection that results in sewer waste being deposited into the Simpsonville sewer system. Provided, however, no new indirect connections shall be permitted. All connections to the Simpsonville sewer system shall be made by direct tap on. Further, the Superintendent and the Sewer Board shall take steps to amortize out of existence those indirect connections now in existence and may, in their discretion, take steps to enforce elimination of the indirect connections and indirect taps where reasonably possible.
      (2)   Funds collected pursuant to this section shall be utilized as follows:
         (a)   Tap-on charges. For all purposes related to the operation, maintenance, expansion or otherwise for the Simpsonville sewer system and including debt service.
         (b)   Capacity charges shall be reserved and utilized for facilities expansion, upgrade, construction and related expenses.
         (c)   Where a current tap-on exists but the nature of the classification is changed in a manner that will increase the burden on the system, adjustments may be required in the discretion of the Sewer Board for increased tap-on and capacity charges consistent with the modified classification.
   (F)   Reconnection after discontinuance of service. Should sewer service be disconnected for some reason other than non-payment of fees for violation of this chapter, reconnection may be made without any additional capacity charge unless required because of a change of use or increase of flow in which case, the users shall pay the increased difference. Further, no additional tap on or capacity charge shall be charged upon reconnection under the provisions of this division except should the customer reconnecting sewer service require a new physical connection in which case a new tap on charge shall be paid.
(Ord. 2009-006, passed 6-17-2009; Am. Ord. 2020-001, passed 1-6-2020)