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(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)
The county treasurer shall deposit all revenues received from the imposition of county water and sewer capacity or impact fees in a separate interest-bearing account, the proceeds of which shall be paid solely for the purposes and uses defined herein.
(Ord. 5206, passed 12-18-06)
The following activities are exempt from capacity or impact fees:
(A) Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe;
(B) Remodeling or repairing a structure that does not result in an increase in the number of service units;
(C) Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, if the number of service units does not increase;
(D) Placing a construction trailer or office on a lot during the period of construction on the lot;
(E) Constructing an addition on a residential structure which does not increase the number of service units;
(F) Adding uses that are typically accessory to residential uses, such as a tennis court or a clubhouse, unless it is demonstrated clearly that the use creates a significant impact on the system's capacity; and
(G) All or part of a particular project if:
(1) The project is determined to create affordable housing; and
(2) The exempt development's proportionate share of system improvements is funded through a revenue source other than development capacity or impact fees.
(Ord. 5206, passed 12-18-06)
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99.
(B) Any person or private entity found to be in violation of any provision of §§ 51.30 through 51.35 shall be guilty of a summary offense and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
(‘77 Code, § 7-182) (Ord. 2590, passed 5-8-90; Am. Ord. 5206, passed 12-18-06)