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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[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.)