§ 52.70 SEWAGE ACREAGE FEE.
   (A)   The sewer acreage fees are intended to recover the costs of constructing or reconstructing outfalls and pumping stations and is in addition to tapping fees.
   (B)    The sewer acreage fee will be computed by the town on the gross area of the total parcel of land for which service is requested. However, acreage fees will not be assessed on any portion of a parcel which the town determines that it would not be feasible to construct the principle use structure. Other exceptions and conditions are noted in divisions (C) through (E) of this section. The sewer acreage fee shall be paid:
      (1)   At the time of application for service for individual lots or parcels;
      (2)   Prior to the town's acceptance of developer installed facilities for subdivisions; and
      (3)   Prior to construction commencement when the town has to extend its facilities to serve the property.
   (C)   The developer of a parcel of land greater than ten acres in size, which is proposed to be developed in phases, may request that fees be assessed on the basis of the acreage of each phase as service is requested. This request may be granted provided the following conditions are met:
      (1)   All phases are identified on the preliminary plan approved by the Planning and Zoning Board;
      (2)   Service is to be provided from an existing sewer;
      (3)   Each payment must be for one or more complete phases as necessary such that, except for the final payment, no payment will be made for an area of less than ten acres; and
      (4)   The acreage fee must be paid for a phase prior to service being provided to any portion thereof.
   (D)   The owner of a parcel of land containing more than one acre may request that sewer acreage fees be charged for only the developed portion (one acre minimum) of the property. The request must be made in writing to the Town Manager and be accompanied by a map which accurately describes the total parcel and the developed portion, along with their respective acreage. Payment for the total acreage shall be required unless the following conditions are met:
      (1)   The property is used for single-family residential or institutional (church, unit of government, non-profit or charitable organization, and the like) purposes only;
      (2)   Only domestic wastewater will be discharged to the sanitary sewer system;
      (3)   The requested service is for a facility which either existed or was under construction prior to the availability of sewer service. (A facility will be considered under construction as of the issuance date of the building permit); and
      (4)   The property is not proposed to be subdivided within five years of the date service is requested.
   (E)   The sewer acreage fee shall be adjusted from time to time by the town to reflect current costs. The sewer acreage fee shall be as follows:
      (1)   For any parcel to which service is available at the property line from the existing sewer system, the sewer acreage fee shall be $900 per acre;
      (2)   For any parcel which requires an extension of the existing sewer system and the customer pays the entire cost of the extension, the sewer acreage fee shall be $900 per acre; and
      (3)   For any parcel which requires an extension of the existing sewer system and the town participates in the funding of the extension, the sewer acreage fee shall be $1,200 per acre.
(1992 Code, § 52.70) (Ord. 01-61, passed 3-12-2001; Ord. 03-22, passed 7-14-2003 ; Ord. 08-O-94, passed 5-12-2008 )