This article is intended to provide an additional funding mechanism
for municipal water capital improvements consistent with constitutional
constraints on such exactions.
The Board of Trustees is hereby empowered to establish, and
from time to time revise, by resolution, charges of the following
categories:
Moneys received by the Village attributable to the charges herein
shall be held in trust for the purpose of mitigating the capital facility
needs. Moneys shall be utilized for the purpose of providing capital
improvements to the water distribution system facilities located solely
within the corporate limits of the Village of Brewster in compliance
with all statutory, regulatory and permit requirements. The moneys
shall not be used for operations and maintenance. The Board of Trustees
shall establish from time to time such capital reserve funds and/or
trust and agency funds as necessary and appropriate to effectuate
the purpose of this article.
A.Â
During or prior to construction of any real property within the Village
which requires the installation of a new service connection to the
water distribution system, or to mains served by the water distribution
system, the person or legal entity so requesting and/or installing
such new service connection may connect to the water distribution
system only after making application to the Village and paying a capital
charge as hereinafter prescribed. Funds received from the new connection
shall be placed in an account designated for the purposes of paying
the cost of capital improvement of the water system and for no other
purpose.
B.Â
For a new service connection to the water system, a fee per unit
as provided in the Village fee schedule[1] for all new water service connections shall be paid. "Unit"
as described in the fee schedule for purposes of capital charge only
is defined as follows:
(1)Â
Single-family home: one unit.
(2)Â
Multifamily dwelling: one unit per dwelling.
(3)Â
Commercial/industrial: one unit per 400 gallons per day of water
usage. Water usage shall be based on usage estimates approved by the
Village and shall be rounded up to the next whole unit.
(4)Â
Multifamily dwellings and commercial/industrial connections shall
be assessed at a minimum one unit per building.
[1]
Editor's Note: Said fee schedule is on file in the Village
offices.
No new residential, commercial or industrial unit shall connect
to or change the use of the connection to the water distribution system
until all charges attendant thereto have been paid.
A.Â
The Board of Trustees shall annually, in conjunction with the adoption
of the budget, review the charges, capital improvement program and
capital reserve accounts. The purpose of such review shall be to:
(1)Â
Determine whether charges are adequate and sufficient to mitigate
anticipated needs without being burdensome or in excess of the fair
share of costs attributable to new development and to revise such
charges as the Board of Trustees shall deem advisable.
(2)Â
Consider refund of charges moneys where capital improvement goals
have been met without the exhaustion of such moneys. Completion of
a phase or portion of a capital improvement program shall not mandate
the refund of moneys where program goals remain to be accomplished,
and such funds will be utilized for such purposes.
(3)Â
Consider the refund of fee moneys which have been allocated for a
particular capital improvement within three years of payment. Moneys
shall be deemed allocated to a particular project when so designated
by the Board of Trustees and the state environmental quality review
process prerequisite to the implementation of such improvements has
commenced.
B.Â
The Board of Trustees is hereby empowered to establish an administrative
mechanism for the refund of impact fees when such fees have not been
found necessary for the funding of capital improvements. Such refunds
shall be fairly allocated.
