§ 51.20 IMPACT FEES.
   (A)   Impact fees shall be charged to offset the costs of major repairs, necessary updating of equipment and expansion of the water supply capacity, such as elevated water storage tanks, pumps and wells and water treatment facilities; and the wastewater treatment capacity, such as the sewage treatment plant, lift stations and the like. Revenues from impact fees shall be identified as a separate capital reserve account and used solely for the purpose of providing adequate water and wastewater treatment capacity to meet the water and sewer system needs.
      (1)   Impact fees shall apply to the following:
         (a)   All new construction connected to the town's water and/or sewer system;
         (b)   New connections of existing buildings or other improvements not previously connected to the town's water or sewer system;
         (c)   Improvements, additions or changes in existing buildings or other improvements requiring increased capacity or increased use of water or sewer from the town (but only to the extend of the increase).
      (2)   Impact fees will not be charged on buildings or other improvements constructed or made to repair or replace like buildings or improvements damaged or destroyed by fire or other disaster; provided, however that the repair or replacement will not result in any increased capacity requirements over that required to serve the damaged or destroyed buildings or improvements. The decision of the Town Board as to the increased capacity requirement shall be final.
   (B)   The full payment of the impact fee shall be made to the town at the later of the issuance of the certificate of occupancy by the Building Inspector or the time of application for connection to the water/or sewer system.
   (C)   For building additions, alterations, or changes in building use that increase the demand for water or sewer services, owners and/or the renter/lessee shall be required to pay an impact fee based on the same rates applying to new construction. The amount of impact fee due will be determined by the difference between the fees associated with the previous consumption level and increased consumption level.
   (D)   The impact fees for residential and commercial uses shall be those set out in the impact fees schedule in § 51.21 and as maintained in Town Hall as it is amended from time to time by the Board of Commissioners of the town. The most recently enacted Impact Fee Schedule in existence at any given time shall be deemed to be incorporated herein by reference as if fully set out.
   (E)   The estimated construction costs of providing water and wastewater capacity for gallon of water composed of costs for water capacity and costs of wastewater capacity are stipulated in the published rate schedule for the town.
   (F)   The calculation of average daily flow for uses or establishments that do not have utility operating data in the town shall be determined by using available plumbing and engineering flow data, water using fixtures, occupancy or operating patterns, and/or water consumption history of similar uses or establishments from surrounding public water systems or the town may use other measured data at its option.
   (G)   Impact fees to the water and sewer system may be reduced up to 25% if the property being developed has been subject to town ad valorem taxes for the three previous tax years and the total amount of the taxes paid on the property during these three years is at least four times greater than the value of the reduced impact fees.
(OC, § 5-1-21) (Am. Ord. passed 8-18-98; Am. Ord. passed 6-3-99; Am. Ord. passed 9-17-02)