[Adopted 3-17-1989 by Ord. No. 219 (Ch.
238, Art. IV, of the 1992 Code)]
[Amended 5-19-1989 by Ord. No. 222; 9-18-1992 by Ord. No.
279; 4-20-2007 by Ord. No. 425]
A.
On and after the effective date of this article, all
new water services within the Town of Bethany Beach shall pay a one-time
impact fee as provided in the fee schedule on file in the Town Office.
The impact fee shall be charged to each separate dwelling unit on
the premises. The impact fee shall be in addition to any other fees,
charges or assessments commonly imposed upon all other water customers
of the Town, including, by way of example and not in limitation, water
usage fee, permit fee, tap-in fee, water meter fee, service charges
and water bond sinking fund assessments.
B.
On and after the effective date of this article, all
existing water services that require additional services from the
Town as a result of development shall pay an impact fee as provided
in the fee schedule on file in the Town Office. The amount of the
impact fee shall be based on the cost of infrastructure maintenance
and enhancements needed to maintain basic service levels in the Town.
C.
The impact fee shall be collected as follows:
(1)
On all new construction for which Town building permits
are issued after the effective date of this article (March 17, 1989),
at the time the request is made for such water service. "Water service"
for purposes hereof shall mean the initial turning on of water service
by a structure for use by persons occupying such structures.
(2)
Where any structure already receiving water service
from the Town as of the effective date of this article is moved to
another location within or without the Town and receives water service
at the new location, the owner in whose name water service had been
provided at the old location shall designate, in writing to the Town,
whether the water service shall be deemed to remain at the old location
or be transferred to the new location; and, depending upon such election,
an impact fee shall be assessed either upon the structure at the new
location at the time a certificate of occupancy is issued or at the
old location at the earliest of either the issuance of a building
permit or the issuance of a certificate of occupancy.
(3)
Where any structure receiving water service as of
the effective date of this article is demolished or moved to another
location outside the Town and does not receive water service from
the Town at such new location, the water service shall be deemed to
remain at the structure's previous location and no impact fee shall
be assessed when a new structure is subsequently erected or placed
upon that location. Notwithstanding the remainder of this subsection,
an impact fee shall be charged when a new structure is subsequently
erected or placed upon that location when there is a significant additional
water service as a result of the new construction; if an impact fee
has been previously charged at that location, a credit shall be given
by the Town in that amount against the current impact fee.
(4)
Where improvement, renovation, rehabilitation, restoration,
replacement, expansion, and/or demolition and reconstruction of an
existing structure, whether commercial or residential, does not cause
a significant increase in municipal services, no impact fee shall
be assessed. Improvement, renovation, rehabilitation, restoration,
replacement, and/or expansion shall include additions or alterations
or divisions to existing structures which create additional dwelling
or equivalent dwelling units.
(5)
In all other situations, this article shall be construed
according to the standard that the impact fee shall only be assessed
in situations resulting in a new, additional water service, not merely
the replacement or relocation of a water service already in existence
as of the effective date of this article.
[Added 5-19-1989 by Ord. No. 222]
All properties lying outside the Town limits
applying for water service after the effective date of this article
shall be required to pay the impact fee at the time request is made
for water service from the Town. The impact fee shall be in addition
to any other fees, charges or assessments commonly imposed upon all
other water customers of the Town, including, by way of example and
not in limitation, water usage fees, permit fees, tapping fees, water
meter fees, service charges and water bond sinking fund assessments.
A.
All moneys received by the Town as impact fees shall
be deposited in such special account or accounts as designated by
the Town Council, kept segregated from other Town moneys and strictly
accounted for. All impact fee moneys shall be used to construct new
water system improvements and upgrade existing water system improvements
in the Town of Bethany Beach, including, by way of example and not
in limitation, installation of new production wells and pump houses,
construction of new water treatment plants, expansion and/or upgrading
of various other components of the Town's water distribution system
(e.g., water mains, valves, fire hydrants, and meters), together with
such modifications, removals, deletions, or additions as reasonably
required in connection therewith.
[Amended 11-16-2001 by Ord. No. 360]
B.
In the event that the Town borrows any moneys in order
to accomplish the foregoing purposes, impact fee revenues may also
be utilized by the Town to repay such borrowings, including principal,
interest and necessary costs associated with obtaining such loan funds.
[Amended 11-16-2001 by Ord. No. 360]
A.
Notwithstanding the requirement of § 516-38 that all monies received by the Town as impact fees under this article be deposited in a special account, kept segregated, and strictly accounted for, the Town Council may, at any time, by resolution, direct that all or any portion of the interest earned on monies collected and held by the Town under this article (including all monies received by the Town as penalties and/or interest on late payments of amounts due to the Town under this article) be applied to the routine, ongoing operations, maintenance, repair, and replacement of the Town's water distribution system, and/or transferred to the general fund for other municipal purposes.
B.
In the event that the Town Council determines that
new water services will no longer require further construction or
upgrading of the Town's water distribution system to meet the additional
demands on the system from new water services, the Town Council may,
by appropriate legislative action, cease collecting impact fees under
this article; and by resolution direct that any water impact fee monies
collected by the Town after the effective date of this article and
remaining unexpended in the Town's possession be applied to the routine,
ongoing operations, maintenance, repair, and replacement of the Town's
water distribution system, and/or transferred to the general fund
for other municipal purposes. (For purposes hereof, monies collected
by the Town under this article shall be deemed to have been expended
on a "first-in-first-out" basis.)
