8-5-2: EQUIVALENT RESIDENTIAL UNIT:
   A.   An equivalent peak residential unit shall be the amount of water necessary to serve a residential unit in any peak month with seven thousand five hundred (7,500) gallons of potable water.
   B.   Each of the following shall be deemed to use one equivalent peak residential unit, excluding swimming pool and spa installations, and subject to the actual proposed use and landscaping employed:
      1.   1.5 apartment, townhouse or condominium units;
      2.   2.2 motel rooms (without spas);
      3.   Three (3) nursing home beds;
      4.   Five thousand (5,000) square feet of professional office space; or
      5.   Seven thousand five hundred (7,500) square feet of retail merchandising space.
   C.   1. The number of equivalent peak residential units projected to be required by any project for which no specific provision is made in this section shall be subject to review and determination by the water superintendent at the time of plan submittal.
      2.   Such projected peak monthly water use shall be reviewed by the water superintendent at the conclusion of two (2) years from the date of issuance of a certificate of occupancy. After review, the water superintendent shall determine whether the project requires or has utilized a greater number of equivalent peak residential units than first projected or the same or a lesser number.
         a.   In making such determination, the water superintendent shall consider:
            (1)   The actual water use of the project for the two (2) year historic period;
            (2)   Any changes made in the use over such two (2) year period; and
            (3)   Any proposed future changes to be made in the use.
         b.   In addition, the water superintendent may consider such other matters as he/she deems relevant and material.
      3.   After such review, the water superintendent shall adjust the initially projected number of equivalent peak residential units. If such adjustment results in a change in the amount of water development fee to be paid relative to such project, then the water superintendent shall:
         a.   Require the then current user to pay an additional water development fee or portion thereof;
         b.   Make a refund of the water development fee or portion thereof to the party who originally paid the projected water development fee; or
         c.   Permit the original number of equivalent peak residential units projected and water development fees paid to remain unchanged.
      4.   This provision shall be applicable to any multi-family project developed under a federal low income housing tax credit program.
      5.   If the water superintendent determines that additional water development fees are owed as a result of the review and determination provided for herein, the party owing such additional water development fee shall make payment of the same together with an additional twenty percent (20%) thereof to the town within thirty (30) days of request therefor by the water superintendent, or water service to such party shall be terminated. (Ord. O 12-01, 2-7-2012)