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§ 51.35 GRANDFATHER CLAUSE.
   (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
§ 51.45 LEGISLATIVE FINDINGS.
   (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)
§ 51.46 IMPOSITION OF CAPACITY OR IMPACT FEES FOR CONNECTIONS TO COUNTY WATER AND SEWER UTILITY SYSTEM.
   (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)
§ 51.47 PROCESSING OF APPLICATIONS; DETERMINATION OF APPLICABLE FEE.
   (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)
§ 51.48 USE OF CAPACITY OR IMPACT FEES.
   (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)
§ 51.49 APPEALS; PAYMENT UNDER PROTEST; MEDIATION.
   (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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