[Ord. No. 06-5 § 1]
a.
The Sewer Authority shall charge and collect a capital connection
fee for:
1.
Each new connection to the sewer system; and
2.
Each improvement to a facility connected to the sewer system that
has the effect of any one or more of the following: (a) Increasing
the estimated sewage discharge by greater than or equal to 200 gallons/day;
(b) Increasing the number of Equivalent Dwelling Units ("EDU") in
a multi-unit residential facility; (c) Improvements to a facility
resulting in the issuance of a certificate of occupancy for a building
which (1) does not currently and for the prior two years did not possess
a certificate of occupancy, or was not otherwise suitable for occupancy
or use for the prior two years; and (2) which was not previously subject
to a Capital Connection Fee as in effect on the effective date, or
(d) In the case of a commercial laundry, or facility for washing vehicles,
manufacturing or processing facilities or other high water use processes
utilizing at least 1,000 gallons per day water consumption, in addition
to an improvement to the facility, a change in the number or type
of washing or other equipment resulting in an increased discharge
of greater than or equal to 200 gallons/day. In the case of a facility
that falls within the scope of clause (c) and any other clause, the
Capital Connection Fee shall be based on clause (c).
3.
The issuance of a DEP (general/industrial) discharge permit or modification
of an existing permit.
b.
In the case of subsection 15-30.1a2 clauses (a), (b) and (d), the Capital Connection Fee shall be applied to the increase in EDUs resulting from the change in the facility, and in the case of subsection 15-30.1a2(c), the EDUs discharged by the facility. In the case of subsection 15-30.1a3, the Capital Connection Fee shall be applied (1) in the case of a new permit, the maximum allowable discharge, and (2) in the case of a permit modification, the increase, if any, in the maximum discharge permitted by the modification. This subsection 15-30.1b is subject to the provisions of subsection 15-30.2d.
[Ord. No. 06-5 § 2]
a.
New Connections and Improvements shall be assessed a Capital Connection
Fee in accordance with the Connection Fee Schedule, provided the facility
or improvement is listed thereon. Where the facility or improvement
requires a DEP (general/industrial) discharge permit, the Capital
Connection Fee will be based on the maximum allowable discharge as
outlined in the permit and determined in accordance with these regulations.
b.
Each EDU of wastewater discharge to the system shall constitute a
connection charge due and payable of $2,500.00; each fraction of an
EDU shall constitute a connection charge due and payable of such fractional
EDU multiplied by $2,500.00.
c.
Each Use Unit of the Capital Connection Fee Schedule shall constitute
one EDU. Each fractional Use Unit shall constitute the same fraction
of one EDU.
d.
1.
The
Capital Connection Fee for Improvements shall be determined based
on incremental discharge. The Capital Connection Fee due for an improvement
resulting in incremental discharge of greater than or equal to one
EDU shall equal (a) where a Capital Connection Fee was previously
paid with respect to the facility, the Capital Connection Fee due
based on the total discharge of the facility after taking into account
the improvement, minus the discharge applicable to the Capital Connection
Fee previously received by the Authority with respect to the facility,
or (b) where a Capital Connection Fee was not previously paid with
respect to the Facility, the incremental number of EDUs resulting
from the improvement determined in accordance with this section by
comparing such discharge from the facility before and after the improvement.
Clause d1(a) discharges shall be determined by reference to the Capital
Connection Fee Schedule.
2.
The pre-improvement discharge of a facility for which no Connection
Fee has been paid shall be the average yearly water consumption of
the facility to be improved over the past three years determined from
the date of the Sewer Authority Connection Fee Permit application.
This clause shall not apply to a subsection 15-30.1a2(c) Improvement.
e.
In the event the facility or improvement or discharge is not adequately
described by the foregoing procedures, the WPCA may take into account
other information in arriving at the estimated discharge and Capital
Connection Fee, including design capacity, similar uses or facilities,
discharge data including but not limited to that from DEP or engineering
firms, or permit information.
f.
For a Mixed Use Facility the number of EDUs shall be determined by
treating each use separately and applying the Capital Connection Fee
separately to each use. The sum of the EDUs for each use shall constitute
the number of EDUs applicable to the facility.
g.
In the event a connection to the System serves more than one structure, building, facility, use or parcel, the Capital Connection Fee shall be the sum of each Capital Connection Fee determined separately as to each structure, building, facility, use or parcel, accessing the Sewer System through the connection. Except as provided in subsection 15-30.3, no connection to the Sewer System shall be permitted unless the Capital Connection Fee is paid in full prior to the connection, (or increase of discharge to an existing connection, if applicable) and in accordance with this regulation with respect to each facility or improvement served by the connection. No further or additional connections or use of the Sewer System other than that encompassed by the Capital Connection Fee paid pursuant to the Regulations shall be permitted without the approval of the Authority and payment of the Capital Connection Fee for such further or additional connection, use or Improvement.
h.
Where a facility or improvement is capable of different uses having
different Capital Connection Fees, and the actual uses are not known
at the time the Capital Connection Fee is payable, the Capital Connection
Fee shall be the average of the Capital Connection Fees due with respect
to the likely uses. Upon actual use, the Capital Connection Fee shall
be recalculated based upon determination of the actual use, and any
Capital Connection Fee balance owed shall immediately be paid to the
Authority, and any overpayment refunded, as applicable.
i.
The owner shall be liable for payment of the Capital Connection Fee.
The Authority shall pay all refunds to the owner of the property connected
to the Sewer System, unless otherwise directed by the owner. In the
event of disputes as to the proper recipient of the refund, the Authority
may hold refunds in escrow pending resolution by the disputing parties.
j.
Exception for relocations within the Town that do not cause additional
Sewer System burden. No Connection Fee shall be due where the improvement
or facility is for:
1.
A business or purpose that vacates its location of operation within
the Town;
2.
Relocates its operations to another location within the Town;
3.
The owner of the relocated business or entity does not change in
any respect;
4.
Constructs improvements or a facility to replace the same purpose
(including for purposes of the Connection Fee Schedule categorization)
as that vacated, and
5.
The improvements or facility constructed do not result in a New Connection,
or in an increase in discharge compared to the discharge from the
vacated location, determined on the basis of applying the Connection
Fee Schedule to the vacated facility and the facility at the new location,
including improvements.
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Examples of the application of this subsection include but are
not limited to: the relocation of manufacturing facilities to a building
that must be improved to accommodate it; the relocation of a business
conducted in office space to rental space that was not previously
used as office space; the relocation of a restaurant. Examples to
which this subsection do not apply include but are not limited to:
the owner of rental office space sells the building, and builds new
rental office space; the owner of a condominium or apartment development
sells its condominium or apartment development and builds new developments.
This subsection shall not apply to any owner, its facility or improvement
that is rental space; or to any owner, its facility or improvement
consisting of building space or units thereof for sale or lease.
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[Ord. No. 06-5 § 3]
a.
The Capital Connection Fee shall be due and payable in full prior
to and as a condition to the issuance of a Sewer Authority Permit
to Connect, for the facility or improvement, provided that where the
connection occurs within one month of the completion of the extension
of the Sewer System authorized to be financed by Town debt, the first
$2,500.00 of the Capital Connection Fee may be payable over a 20 year
period plus interest at the rate charged to the Town to finance the
project. If the connection charge is paid in installments the Sewer
Authority shall record a lien evidencing the charge on the land records
and proceed with its collection in accordance with law. In no event
shall a certificate of occupancy for a facility or improvement be
issued unless the Capital Connection Fee has been paid in full, and
a Sewer Authority Permit to Connect has been issued.
b.
1.
The
Capital Connection Fee shall be due and payable for the entire facility
or improvement as a condition of the issuance of a Sewer Authority
Permit to Connect and certificate of occupancy. A Sewer Authority
Permit to Connect shall be required for any facility or improvement
for which a building permit is requested. The improvement or facility
to which the Capital Connection Fee applies shall take in account
the scope of the building permit. For example, the issuance of a certificate
of occupancy for any floor or portion of an office building, or any
portion or store of a shopping center requires payment of the Capital
Connection Fee due for the entire office building or shopping center.
For the issuance of a certificate of occupancy for any one condominium
or apartment unit in a condominium or apartment development, the Capital
Connection Fee owed shall be for the number of condominiums or apartment
units for which a building permit has been issued.
2.
If a building permit has been issued for a facility or improvement
prior to the effective date, the Connection Fee shall be due and payable
in full upon the earlier of (a) physical connection to the Sewer System
or (b) issuance of a certificate of occupancy.
c.
This Regulation and the Capital Connection Fee shall take effect and be applicable to all facilities and improvements on the effective date. The Connection Fee shall be phased-in based upon the date of issuance of a certificate of occupancy. The applicant shall pay the Connection Fee in full as provided in subsection 15-30.3 for all Sewer Permits or Building Permits issued on or after the effective date, and the phase-in will be accomplished by refunding to the applicant a portion of the Connection Fee where the provisions of this section are complied with.
1.
No Connection Fee shall be due or payable for any facility or improvement
that has received a certificate of occupancy on or before May 1, 2006.
2.
If a facility or improvement receives a certificate of occupancy on or before September 1, 2006, the Capital Connection Fee shall be 50% of the subsection 15-30.2d amount.
3.
If a facility or improvement receives a certificate of occupancy
after September 1, 2006, the Capital Connection Fee shall be 100%
of the subsection 15-30.2d1 and 2 amount.
4.
In applying the provisions of clauses with respect to condominiums,
apartments and other facilities or improvements containing discreet
uses, units or structures for which a certificate of occupancy has
been issued for a portion of the uses, units or structures, the remaining
uses, units, or structures or improvements for which a certificate
of occupancy has not been issued by the applicable time frame (whether
or not they are constructed or under construction pursuant to the
same building permit or permits as those that received the certificate
of occupancy within the applicable phase-in time frame), shall not
receive the benefit of the phase-in provided by such clause.
5.
In addition to the phase-in of the amount of the Connection Fee set
forth in this subsection, the timing of payments shall be phased-in
with respect to apartment or condominium developments which received
a building permit prior to the effective date, and notwithstanding
subsection 15-30.3b1 and 2, the Connection Fee for such apartment
and condominium developments shall be due and payable as certificates
of occupancy are issued for individual units, and payment shall be
a precondition of issuance of a certificate of occupancy for each
such unit.
6.
The Connection Fee imposed by this regulation shall take effect on
May 1, 2006.
d.
In no event, shall work or construction physically connecting a facility
or improvement to the Sewer System or making, improving or repairing
an existing connection, or adding users, facilities, or improvements
thereto, commence or be permitted unless the Capital Connection Fee
has been paid and a Sewer Authority Connection Permit issued to the
applicant.
e.
The Authority shall discontinue sewer service, including making the
Sewer System unavailable to receive discharge, and not connect to
the Sewer System any facility, including any facility or improvement
that does not pay the Capital Connection Fee in accordance with these
regulations.
f.
In the case of a DEP (general/industrial) discharge permit or modification
thereof, the Capital Connection Fee shall be due and paid as a condition
to the Authority's approval of the proposed permit or permit modification.
[Ord. No. 06-5 § 4]
a.
Any person or entity who (1) proposes to make a New Connection to
the System, or (2) construct an improvement to a facility connected
to the System, shall obtain a sewer permit prior thereunto, whether
or not the new Connection or improvement will result in an increased
wastewater discharge.
b.
The applicant shall submit an application on forms prescribed by the Authority. The Authority shall issue a Sewer Authority Connection Fee Permit upon a determination that the proposed discharge; (1) is adequately described; (2) is suitable for the proposed physical connection to the system; and (3) commencing May 1, 2006, the Capital Connection Fee, if any, has been paid, unless the provisions of subsection 15-30.3a apply; and (4) such other considerations necessary or proper to ensure the safe, efficient and proper operation of the Sewer System.
c.
The Consent of the Owner of the property against which a lien may
be recorded to secure payment of the Capital Connection Fee shall
appear on the Sewer Authority Connection Fee Permit Application.
[Ord. No. 06-5 § 5]
The Authority shall possess all powers conferred by law to levy,
lien, foreclose and collect the Capital Connection Fee on and from
property, facilities, improvements, persons and entities subject to
or liable for the Connection Fee, whether located within the Town
of Brooklyn or outside of its geographic boundaries.
[Ord. No. 06-5 § 6]
The invalidity of any provision or section shall not affect
the validity of other provisions of this regulation.
[Ord. No. 06-5 § 7]
As used in this Article:
Shall mean the person or entity that has filed an application
for a Sewer Authority Connection Permit, or is otherwise subject to
pay the Connection Fee.
Shall mean the Sewer Authority of the Town of Brooklyn Water
Pollution Control Authority (WPCA).
Shall mean the first permit issued pursuant to Section 29-263
of the Connecticut General Statutes.
Shall mean the fee payable to the Water Pollution Control
Authority (WPCA) pursuant to this regulation, as result of connecting
and discharging wastewater to the Sewer System, or increasing such
discharge, or obtaining a permit authorizing the increase of such
discharge.
Shall mean the "Schedule of Sewer Use Charges" as approved
and amended by the WPCA from time to time.
Shall mean each 200 gallon/day of discharge from a facility
as determined from the Capital Connection Fee Schedule shall constitute
one EDU.
Shall mean the date this regulation and the Capital Connection
Fee take effect, and shall be May 1, 2006.
Shall mean a building, structure, or property, or improvement
thereto.
Shall mean the renovation, repair, refurbishment, replacement,
expansion or addition to, or reuse of a facility connected to the
Sewer System, or the issuance of a DEP (general/industrial) discharge
permit, or modification of such permit authorizing an increase in
the maximum discharge.
Shall mean a facility, which combines one or more use types
(e.g. commercial lease and residential).
Shall mean a residential facility with two or more separate
units for rent, lease, use, or occupancy as a residence including
a two or more family home, rental apartments, condominiums (including
both attached and detached units), or boarding house.
Shall mean a) a connection to the system of a facility not
currently connected to the system or for which the connection must
be replaced.
Shall mean this Sewer Capital Connection Fee.
Shall mean the required permit described in section 4 prior
to constructing a facility or improvement as more fully set forth
in this regulation.
Shall mean all of the facilities, services and operations
of the Town of Brooklyn sewage treatment facilities, including connections,
lateral sewers, force mains, pump stations, wastewater treatment plant,
operated to collect, treat and discharge wastewater.
The Capital Connection Fee Schedule can be found as an attachment
to this chapter.
