This Part 3 shall be known and may be cited
as the "Sewer Impact Fee Law of the Town of Fallsburg, Sullivan County,
New York."
Pursuant to §§ 10(1)(ii)(a)(9-a), (11) and (12) of the Municipal Home Rule Law and § 10(6) of the Statute of Local Governments, the Town of Fallsburg has authority to enact this Part
3; and, whereas, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), the Town may supersede provisions of the Town Law; § 277 of the Town Law, and any of the provisions of the Town Law, to the extent that it is in conflict with this Part
3, is hereby superseded and amended.
As used in this Part 3, unless the context or
subject matter otherwise requires:
APPROVED EXISTING BUILDING LOT
A building lot of a subdivision which has been approved by the Town Planning Board and filed in the Sullivan County Clerk's Office pursuant to § 276 of the Town Law prior to the effective date of this Part
3.
CAPITAL IMPACT FEE
The fee charged to the developer at the time of approval
of a subdivision located outside the Fallsburg Consolidated Sewer
District to partially offset the anticipated costs of providing additional
capital improvements necessitated or which will be necessitated by
the development of such subdivision, or at the time of issuance of
a building permit for premises located inside the Fallsburg Consolidated
Sewer District.
CAPITAL IMPROVEMENT
Includes the amount of all expenses which are legally incurred
or occasioned by reason of the improvement or project and shall include,
but not be limited to, the amount of all contracts, the costs of all
lands and interests therein necessarily acquired, including the total
payment of principal remaining on obligations assumed pursuant to
Paragraph (b) of Subdivision 12 of § 198 of the Town Law,
the costs of erection of necessary buildings for operation or administration
of the improvement, printing, publishing, interest on loans, legal
and engineering services and as otherwise provided in § 202
of the Town Law.
CAPITAL RECOVERY FEE
The fee charged at the time of issuance of a building permit
to equitably adjust the proportionate share of contributions of a
specific property for capital improvements in the Fallsburg Consolidated
Sewer District (to be effective December 31, 1988) heretofore established
or to any extension made to such district resulting from an anticipated
larger demand on the use of the facilities provided by such district.
DEVELOPER
A person commencing a land development activity which generates
need for wastewater treatment and disposal and which ultimately requires
the issuance of a building permit.
The imposition of the capital recovery and impact fees shall not be construed to be in lieu of, but shall be in addition to, the annual local assessments pursuant to Article
VIII of Part
1, of this chapter and the sewer rents as provided in Part
2 of this chapter.
The Town Board reserves the right, at any time,
to amend, revise or change any of the methods of calculating the capital
recovery fee, the capital impact fee, or the unit charge for each,
or in any other manner, to amend, revise or change this Part 3 which
the Town Board determines to be equitable and fair.