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(A) Application for franchise. Any private entity desiring to construct and operate a water system and/or sewer system, or to extend any existing system within the county water/sewer service area, shall file a written franchise application with the county manager. The application shall include the applicant’s name, a statement of the services to be furnished, a description of the specific area to be served, and a proposed service area map of sufficient clarity and detail to accurately show and delineate the specific area for which a franchise is requested. The applicant shall also furnish a current financial statement and any other information and data as may be determined necessary by the county manager.
(B) Award of franchise. The county manager, or his or her designee, shall evaluate the applications and make recommendations thereon to the County Council within 30 days of receipt of a completed application. The County Council may then award a franchise by enactment of a franchise ordinance, which shall not be inconsistent with the provisions of this subchapter. The terms and provisions of any franchise ordinance enacted by the County Council shall constitute a contract between the county and the franchisee, and every franchise ordinance shall include, as a minimum, the following:
(1) A written description of the franchised area, which shall specifically refer to a service map clearly showing and delineating the exact franchised area. The map shall constitute a part of the franchise ordinance;
(2) A provision establishing a construction schedule for completed construction of the system;
(3) A provision that the franchise is nonexclusive and is granted for a term of 10 to 25 years, as the County Council may determine; provided, however, the term of the franchise may be renewed and extended, from time to time, for one or more successive additional terms of not less than five years, provided that all provisions of the franchise agreement have been met. The franchisee shall notify the county manager in writing, not less than 90 days prior to the expiration of the franchise, of its intentions concerning renewal of the franchise; subject, however, to the provisions of this subchapter relating to the right of the county to purchase the franchise system;
(4) A provision that the franchise cannot be changed or transferred without the prior consent of the County Council, which consent shall not be unreasonably withheld. Failure of the County Council to act on a request for transfer or change, within 60 days of receiving all information relevant to the proposed transfer or change, shall be deemed consent;
(5) A provision that the franchisee shall fully comply with all applicable standards and regulations for the design, construction and/or operation of water and/or sewer systems;
(6) A provision that the franchisee shall provide service to all customers within the franchised area on a fair and nondiscriminatory basis, on terms available to all other customers of the franchisee in a similar class;
(7) A provision that the franchisee shall not deny service to any customer within the franchised area because of the current or proposed use of the property;
(8) A provision that, if the franchisee rejects a request for service by a customer or potential customer within the franchise area who complies with the franchisee’s applicable rules, regulations and reasonable service requirements, or fails to provide the service to a customer or potential customer who complies with the franchisee’s applicable rules, regulations and reasonable service requirements within a period of one year of the request, the County Council may, by an amending ordinance, remove the area from the franchised area;
(9) A provision that the franchise may be revoked or the size of the franchise area reduced by the County Council for cause as set forth in division (C) below;
(10) A provision that the county shall have the right and option, at the end of the franchise term or any extension thereof, to purchase from the franchisee the water and/or sewer system within the franchised area at a fair and reasonable price;
(11) Other terms and provisions, consistent with the intent and purpose of this subchapter, as the County Council may deem necessary and proper.
(C) Reduction of franchise area; revocation of franchise.
(1) The County Council may, by ordinance, reduce the size of the franchised area or revoke a franchise by repeal of the franchise ordinance only for cause, which may include one of the following:
(a) The failure of the franchisee to comply with any term, provision or condition of this subchapter or its franchise ordinance; or
(b) A determination by the County Council that the action would be in the best interest of the health, safety or welfare of the citizens of the county.
(2) The franchisee shall have the right to appear and to be heard by the County Council, prior to final action being taken on any ordinance to revoke a franchise or reduce the size of the franchised area. Upon any revocation of a franchise or reduction in the size of any franchised area, the county may then provide water and/or sewer service within the area or may take other action as it deems appropriate to secure water and/or sewer service for the area as soon as may be practicable.
(D) Provisions for granting of franchise to private entity. The County Council shall not grant a private entity a water and/or sewer franchise for any unincorporated area of the county within an established municipal water and sewer service area, without the prior written consent of the affected public entity; provided, however, franchises may nevertheless be granted by the County Council without the consent of the affected public entity, after the County Council has made the findings set forth herein.
(E) Right to purchase systems. In the event the franchisee should at any time decide to sell all or any portion of its water and/or sewer system, the county shall have the right of first refusal to purchase the system, or any part thereof, at a fair and reasonable purchase price, within 90 days after receipt of written notice thereof, which shall be given to the county by the franchisee. The purchase of any water and/or sewer system by the county shall thereby eliminate or reduce the size of the franchised area.
(‘77 Code, § 7-178) (Ord. 2590, passed 5-8-90; Am. Ord. 692, passed 2-17-92; Am. Ord. 5206, passed 12-18-06)
(A) Boundary disputes. The County Council shall hear and decide any boundary disputes between franchisees, between public entities, or between franchisees and public entities, which may arise out of this subchapter, including but not limited to, all disputes with regard to the right or obligation to serve a customer whose property may be located partially within the franchise area or service area of two or more franchisees or public entities. All decisions of this County Council shall be final and shall be binding upon all parties thereto.
(B) Authority to make exceptions. Notwithstanding any other section, term or provision of this subchapter, the County Council shall have the full authority, at any time and from time to time, to make exceptions with respect to terms of this subchapter, or any subsequent franchise ordinance granted pursuant to this subchapter, as may be necessary to authorize, honor, permit, accommodate or implement any existing commitments or agreements made by the County Council prior to the enactment of this subchapter, pertaining to the right to provide water and/or sewer service in specific service areas.
(‘77 Code, § 7-180) (Ord. 2590, passed 5-8-90; Am. Ord. 5206, passed 12-18-06)
(A) Water and sewer systems operated by any private entity on the effective date of this subchapter may be continued, although the systems do not conform to the provisions of this subchapter; provided the private entity owning and/or operating water and/or sewer systems shall submit a written application for grandfather status to the county manager within six months of December 18, 2006, which application shall include, at a minimum, the following:
(1) A map of the private entity’s current water and/or sewer service area;
(2) A copy of the private entity’s operating permit;
(3) A copy of the private entity’s construction permit;
(4) As-built drawings of the water and/or sewer system;
(5) A certificate of public convenience and necessity or franchise from the South Carolina Public Service Commission, if required; and
(6) Additional information as may be required to determine the eligibility of the water and/or sewer system for grandfather status.
(B) No water and/or sewer system granted grandfather status under the provisions of this subchapter may be enlarged, extended or expanded, except upon compliance with the provisions of this subchapter and the granting of an appropriate franchise by the county.
(‘77 Code, § 7-181) (Ord. 2590, passed 5-8-90; Am. Ord. 5206, passed 12-18-06)
WATER AND SEWER CAPACITY OR IMPACT FEES
(A) The county finds that each new connection to its combined water and sewer system requires increased treatment and transmission capacity; upgrades of utility infrastructure to meet increased demands upon the infrastructure of such system; increased capacity in water and sewer mains and interceptors, lift stations, pumping stations and elevated and ground storage facilities and booster stations; additional demands for increased capacity in water treatment plants and wastewater treatment plants; and other infrastructure and appurtenances required, necessary or appropriate in order to provide and distribute an adequate supply of potable water and provide adequate wastewater collection and treatment capacity to service new development within the county’s combined water and sewer system service area, and the area within which the county provides wholesale service.
(B) The construction or installation of new buildings or structures, changes in the use of existing buildings and structures, and other circumstances and conditions of new development and construction create additional demands and needs for county public water and sewer facilities.
(C) The Council finds that the costs of such additional capacity, infrastructure, water and sewer mains, interceptors, lift stations, pumping stations, elevated and ground storage facilities, booster stations and other capital improvements and appurtenances, and the additional capacity required for the effective functioning of the county combined water and sewer utility systems should be paid by capacity fees or impact fees.
(1) A CAPACITY OR IMPACT FEE consists of a payment of money imposed as a condition of such development approval, requiring the developers or owners of new buildings and structures, and
existing buildings and structures which are changed or altered, to pay a proportionate share of the costs of improvements to the county combined water and sewer utility system, needed to serve those utilizing such system and improvements that create additional demands and needs for county water and sewer facilities.
(2) Council finds that such capacity fees or impact fees should be imposed in addition to other county-imposed water and sewer rates, fees, charges, deposits, meter set fees, tap fees, reconnection fees and other applicable rates, fees and charges for connection to and use of the county’s combined water and sewer utility system.
(Ord. 5206, passed 12-18-06)
(A) The following capacity or impact fees shall be imposed on all new connections to the county combined water and sewer utility system, and to existing buildings and structures for which the use has changed to increase the number of single-family equivalents (SFEs) per service unit:
(1) The following capacity or impact fees are imposed upon each new single-family equivalent connection or meter connected to the county combined water and sewer utility system, and to existing buildings and structures for which the use has changed to increase the number of single-family equivalents per service unit for water:
Water Service
|
Capacity or Impact Fee
| ||
Meter Size (inches) | SFEs Per Meter | Per SFE | Per Meter |
Water Service
|
Capacity or Impact Fee
| ||
Meter Size (inches) | SFEs Per Meter | Per SFE | Per Meter |
3/4 | 1.00 | $1,725.50 | $1,725.50 |
1 | 1.67 | $1,725.50 | $2,881.00 |
1-1/2 | 3.33 | $1,725.50 | $5,746.00 |
2 | 5.33 | $1,725.50 | $9,197.00 |
3 | 10.67 | $1,725.50 | $18,411.00 |
4 | 16.67 | $1,725.50 | $28.764.00 |
6 | 33.33 | $1,725.50 | $57.510.00 |
8 | 53.33 | $1,725.50 | $92.021.00 |
10 | 76.67 | $1,725.50 | $132,294.00 |
(2) The following capacity or impact fees are imposed upon each new single-family equivalent connection or meter connected to the county combined water and sewer utility system, and to existing buildings and structures for which the use has changed to increase the number of single-family equivalents per service unit for sewer:
Sewer Service
|
Capacity or Impact Fee
| ||
Meter Size (inches) | SFEs Per Meter | Per SFE | Per Meter |
Sewer Service
|
Capacity or Impact Fee
| ||
Meter Size (inches) | SFEs Per Meter | Per SFE | Per Meter |
3/4 | 1.00 | $2,000.00 | $2,000.00 |
1 | 1.67 | $2,000.00 | $3,340.00 |
1-1/2 | 3.33 | $2,000.00 | $6,660.00 |
2 | 5.33 | $2,000.00 | $10,660.00 |
3 | 10.67 | $2,000.00 | $21,340.00 |
4 | 16.67 | $2,000.00 | $33,340.00 |
6 | 33.33 | $2,000.00 | $66,660.00 |
8 | 53.33 | $2,000.00 | $106,660.00 |
10 | 76.67 | $2,000.00 | $153,340.00 |
(B) A single-family equivalent represents the water or sewer demand of a typical single-family connection.
(1) The number of service units associated with larger connections or meters is calculated, based on the relative hydraulic capacity of the meter compared to the smallest meter size.
(2) The single-family equivalent service units number associated with each meter size is multiplied by the net capital cost per single-family equivalent service unit, which gives the net cost per water meter for water meters of various sizes, and the net cost for sewer connections of various sizes.
(3) In determining water capacity or impact fees, the net cost per single-family equivalent service unit as calculated above is multiplied by the service units associated with each meter size.
(a) As determined by the impact fee study for water and sewer system developed by independent financial advisors for the county, the net capital cost per single-family equivalent service unit is $3,451.00 per water system.
(b) The capacity or impact fee imposed on each single-family equivalent service unit is approximately 50% of the maximum water system net capital cost per single-family equivalent service unit.
(4) In determining sewer capacity or impact fees, the net capital cost per single-family equivalent service unit as calculated above is multiplied by the service units applicable to each meter size.
(a) As determined by the impact fee study for water and sewer system developed by independent financial advisors for county, the net capital cost single-family equivalent service unit is $5,179.00 per sewer system.
(b) The capacity or impact fee imposed pursuant to this section is approximately 50% of the sewer system net capital cost per single-family equivalent service unit.
(Ord. 5206, passed 12-18-06)
(A) Each developer, individual, corporation, partnership or other entity undertaking development within the county's retail or wholesale service area shall submit an application for a connection to the county water and sewer combined utility system to the public works department, which shall, at a minimum, include:
(1) The name, address, telephone number, and taxpayer identification number of the applicant;
(2) A description of the size and nature of the connection or meter required to adequately provide water and/or sewer service to the proposed development or service unit;
(3) An estimate of when the connection to the county water or sewer system will be made;
(4) The name and address of the contractor, engineer, person or entity making the requested connection or requesting the meter;
(5) If requested by the county engineer, or his or her designee, plans and specifications for the connection; and
(6) The number of single-family equivalent service units to be served by the connection or meter.
(B) (1) The developer, individual, corporation, partnership or other entity undertaking development shall pay the applicable capacity or impact fees imposed by this code, according to the fee schedules established herein, upon approval of the application, and no later than the final inspection of such development by appropriate county codes officials.
(2) In no event shall a certificate of occupancy be issued until all applicable water and sewer capacity or impact fees, meter set fees, tap fees, service deposits, private service fees, utility service agreement and related rates, fees and charges have been paid to the county and other applicable political subdivisions or entities.
(Ord. 5206, passed 12-18-06)
(A) All water and sewer capacity or impact fees shall be used and applied to costs and expenses incurred or to be incurred by the county to increase the facilities or capacity of the county, or parties contracting with the county, for water treatment, storage and transmission facilities, or wastewater collection, treatment and disposal facilities; upgrades of utility infrastructure to meet increased demands upon the infrastructure of the county’s combined water and sewer utility systems; increased capacity in water and sewer mains and interceptors, lift stations, pumping stations and elevated and ground storage facilities and booster stations; acquiring increased capacity in water treatment plants and wastewater treatment plants to meet additional demands on the county’s combined water and sewer utility system for increased capacity and water treatment plants and wastewater treatment plants and other infrastructure and appurtenances required, necessary or appropriate, in order to provide and distribute an adequate supply of potable water, and to provide adequate wastewater collection and treatment capacity, to serve new development within the county’s combined water and sewer system service area and the area in which the county provides wholesale service. SYSTEM IMPROVEMENT COSTS FOR IMPROVEMENTS TO THE COUNTY’S WATER AND SEWER COMBINED UTILITY SYSTEM shall mean costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable to the improvements, and the costs of providing additional public facilities needed to serve new growth and development; but shall not include the operation or maintenance of existing or new capital improvements.
(B) Any developer, individual, corporation, partnership or other entity undertaking development shall pay the capacity or impact fees established herein, according to the capacity or impact fee schedules adopted herein, as full and complete payment of the developer's proportionate share of county water and sewer combined utility system improvement costs; provided, however, that the affected developer, individual, corporation, partnership or other entity undertaking development may negotiate for other improvements to the county's combined water and sewer utility system, which the county may, at its sole discretion, approve.
(Ord. 5206, passed 12-18-06)
(A) Any developer, individual, corporation, partnership or other entity required to pay a water or sewer capacity or impact fee may appeal any decision relating to the imposition of such fee by filing a written notice of such appeal with the county manager, or his or her designee, within 15 days of receipt of a decision of any county official relating to the imposition of the water or sewer capacity or impact fee, setting forth the grounds for such appeal and the alleged error of the official rendering the decision from which the appeal is taken.
(B) (1) Any developer, individual, corporation, partnership or other entity may pay a water or sewer capacity or impact fee under protest, and is not estopped from exercising the right of appeal provided herein, nor is the fee payor estopped from receiving a refund of an amount considered to have been illegally collected.
(2) Instead of making a payment of a capacity or impact fee under protest, a fee payor, at his, her or its option, may post a bond or submit an irrevocable letter of credit for the amount of the capacity or impact fee due, pending the outcome of an appeal.
(C) The county manager, or his or her designee or designees, shall hold a conference or hearing, after due notice to all parties in interest, within 30 days of the receipt of such appeal, and render a decision to all parties in interest within 30 days after such conference or hearing.
(D) (1) Upon voluntary agreement by both the fee payor and the county, mediation may be pursued as an alternate dispute resolution medium.
(2) In such event, such mediation shall be conducted substantially in compliance with the alternate dispute resolution/mediation rules promulgated by the South Carolina Supreme Court for Circuit Court Alternate Dispute Resolution, as such rules may be amended from time to time.
(Ord. 5206, passed 12-18-06)
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