C.
Residential capital recovery charges.
(1)
Average daily flow volumes attributable to residential dwelling units are set forth in the current DFA chart.
(2)
Per-gallon capital recovery charges are set forth in the current CCR schedule for the calendar year the building permit is issued for the residential dwelling.
(3)
The average daily flow volume for the applicable residential dwelling unit set forth in the current DFA chart shall be multiplied by the per-gallon capital recovery charge set forth in the current CCR schedule for the calendar year the building permit is issued to determine the total capital recovery charge.
(4)
A minimum of 25% of the total capital recovery charge is payable upon the issuance of the building permit. The Town shall not issue a building permit prior to receipt of at least 25% of the total capital recovery charge.
(5)
The balance of the total capital recovery charge is payable upon the issuance of the certificate of occupancy. The Town shall not issue a certificate of occupancy prior to receipt of the total unpaid capital recovery charge balance.
(6)
Capital recovery charges, including partial payments of capital recovery charges made at permit issuance, are not refundable, unless allowed by Mayor and Council and agreed upon with a written contract or agreement.
D.
Commercial and industrial capital recovery charges.
(1)
The Town of Middletown shall calculate the average daily flow volume for the proposed use based on the current DFA chart.
(2)
The average daily flow shall be multiplied by the per-gallon capital recovery charge set forth in the current CCR schedule for the calendar year the building permit is issued to determine the total capital recovery charge.
(3)
A minimum of 25% of the total capital recovery charge is payable upon the issuance of the building permit. The Town shall not issue a building permit prior to receipt of at least 25% of the total capital recovery charge.
(4)
The balance of the total capital recovery charge is payable upon the issuance of the certificate of occupancy. The Town shall not issue a certificate of occupancy prior to receipt of the total unpaid capital recovery charge balance.
(5)
Commercial and industrial users, or owners or developers of property intended for commercial or industrial use, are afforded the right to appeal the total capital recovery charge to the Mayor and Council prior to entering into the sewer agreement required pursuant to § 136-10 of this chapter by sending a letter via United States Postal Service certified mail stating a reasonable cause for the appeal and citing data supporting an alternate capital recovery charge proposal.
(6)
In the event that a nonresidential wastewater user ("new user") overtakes space formerly occupied by a nonresidential wastewater user having lower estimated flows as prescribed by the current DFA chart ("past user"), the Town of Middletown shall calculate the capital recovery charge for the new user pursuant to Subsection D(1) and (2) above. The capital recovery charge payable by the new user pursuant to Subsection D(3) and D(4) above will be reduced by that amount already paid by the past user.
E.
Late payment fees. In addition to the capital recovery charges determined according to the DFA chart and CCR schedule hereinabove specified, a further charge of 5% of such amount so determined shall be added thereto in case of failure to make payment in accordance with the times hereinabove set for such payment by the Mayor and Council of the Town of Middletown.
F.
Unpaid charges to become lien. Each capital recovery charge levied pursuant to this article is hereby made a lien upon the corresponding lot, land or premises served by a connection to the sanitary sewerage system of said Town, and, if the same shall be unpaid for a period of 30 days after it shall be due and payable, it shall be collected as other taxes are collected with interest and penalties allowed by law.
G.
Other remedies for nonpayment. The Mayor and Council of Middletown reserves the right to revoke building permit(s), certificate(s) of occupancy, and/or business license(s) in the event of nonpayment of any portion of any estimated or actual capital recovery charge.
H.
Use of funds. The funds received from the collection of capital recovery charges authorized by this article shall be deposited in the general fund or other segregated capital development fund of the Town of Middletown and shall be used for such purposes as the Mayor and Council may direct pursuant to the Charter of the Town of Middletown and/or other applicable regulations, including but not limited to the cost of capital improvements and the interest and principal payments in service of debt issued in support of capital improvements. The Mayor and Council reserves the right to revoke part or all of the unused allocation without refund of the allocation fees, at its discretion. The Mayor and Council also reserves the right to grant an extension for part or all of the unused allocation.
I.
The Mayor and Council of Middletown reserves the right to negotiate sewer capital recovery fee charges for users anticipated to significantly impact the Town's sewer system, users with unpredictable wastewater flows, users that are not considered on the current DFA chart, or in cases otherwise deemed to be in the best interest of the Town of Middletown.
J.
The Mayor and Council reserves the right to review the sewer allocation fees from time to time and adjust the fees as the need arises.
K.
Other adjustments, errors and omissions. The Town of Middletown will make appropriate credits or refunds in the event of overcharge, and may bill for additional amounts in the event of undercharge. Reasons for adjustments may include, but are not limited to, clerical errors, meter reading errors, improper application of the CCR schedule, improper application of the DFA chart, or improper or erroneous interpretation of plat plans or other visuals indicating square footage or other factors described in the DFA chart. In no case will additional charges to the occupant, owner, developer, wastewater user, or otherwise responsible party ("user") under the application of this subsection be collected for a period which is more than three years prior to the month of discovery. If the user has been overcharged, the Town shall refund the amount due or credit the user's account at the user's election to the date the error was made, not to exceed three years prior to discovery. In the absence of actual data against which to calculate a corrected capital recovery charge, the Town of Middletown may use an estimate. In the event additional charges are due to the Town of Middletown, installment payments shall be offered for not more than the number of months the account was billed in error.
L.
No developer, property owner, or other person or entity shall be permitted to sell, trade, barter, or otherwise transfer sewer allocation to any other party without written approval from the Mayor and Council.