Ordinance No. 93-10 was adopted on September 14, 1993, in an effort to provide for the assessment of main system improvement fees.
A. 
All moneys received as Main System Capital Improvement Fund charges are intended to recover the cost of an equitable share of the facilities which were or will be constructed to serve new or existing structures to be connected to the Kent County sewer system. All moneys shall be deposited into the Main System Capital Improvement Fund and shall be expended for the purpose intended. Increasing main system capital improvement fees per EDU will be assessed in accordance with Table 128-III-1.[1]
[1]
Editor's Note: Table 128-III-1 is included at the end of this chapter.
B. 
The Kent County Levy Court may determine, by appropriate action, that a sufficiently important benefit for Kent County justifies establishing that a specific main system capital improvement fee may be set at a nonincreasing rate for a particular project or projects for a period of no longer than five years unless renewed. Obtaining federal or state grants or low interest loans for Kent County's benefit as part of a particular sewer project may qualify as a sufficiently important benefit for Kent County to permit such action by a majority vote of the Kent County Levy Court.
The scope of the Main System Capital Improvement Fund shall provide for both the expansion of existing and the construction of new wastewater treatment facilities and main conveyance system in general accordance with the Long-Range Wastewater Master Plan.
[Amended 3-14-2006 by Ord. No. 06-07]
A separate Main System Capital Improvement Fund charge account shall be established. The improvement fund moneys shall be expended for expansion of transmission and treatment capacity. Each year, the revenue source and related expense shall be specified in the Sewer Fund Capital Budget. Improvement funds shall be expended for the purposes authorized. Any unencumbered funds which remain each June 30 at the conclusion of the fiscal year shall revert to the Main System Capital Improvement Fund.
Fees to the user for connection to the wastewater treatment system will be calculated on a per equivalent dwelling unit rate. The rate per equivalent dwelling unit shall be set per Table 128-III-I.[1]
A. 
An equivalent dwelling unit (EDU) is equal to 250 gallons per day (gpd), or 175 gallons per day (gpd) for each mobile home berthing space, and shall be determined as follows:
(1) 
Any dwelling with one or more baths and at least one or more bedroom(s). This includes single-family houses, apartments, mobile homes and efficiency units: 1.0 EDU.
(2) 
One EDU shall be equal to six fixture units (FU). For assessment purposes, FUs shall be assigned as follows:
Type of Fixture
Number of Fixture Units
3-bowl commercial sink
2
Washstand or lavatory
1
Toilet
2
Bath and shower
1
Mop sink or service sink
1
Flush urinal
1
Continuous flush urinal
3
Convenience outlet
1
Domestic dishwasher
2
Commercial dishwasher
4
Drinking fountain
1
Garbage disposal
1
Residential washing machine
1
(3) 
Specific assessment by usage category.
[Amended 12-12-2006 by Ord. No. 06-51; 12-11-2007 by Ord. No. 07-37; 2-10-2009 by Ord. No. 09-03; 4-24-2012 by Ord. No. 12-08; 6-25-2013 by Ord. No. 13-10]
Usage Category
Total EDUs
Animal services (such as veterinary offices, animal boarding/kennel)
1 EDU + (#FUs/6)
Assisted-living facilities
1 EDU + 1 EDU per 2 suites
Bars and lounges
1 EDU + (#FUs/6)
Bus stations and other public depots
1 EDU + (#FUs/6)
Campgrounds and travel trailer parks
1 EDU + 1 EDU per 2 spaces
Camp, modern, seasonal (such as Boy/Girl Scout Camp, youth camp, summer camp; operates seasonally and has central restroom/bathhouse facilities)
1 EDU + (#FUs/12)
Car washes with water recycling
1 EDU + 2 EDU per wash bay
Churches and associated facilities
1 EDU + (#FUs/6)
Churches without associated facilities, such as day-cares, schools, rectories, etc. and without food service functions for fund-raising and/or any other nonparishioner for-profit activities
1 EDU + (#FUs/12)
Churches without associated facilities and a sanctuary with seating capacity of fewer than 100 seating spaces
#FUs/6
Convenience store with rest rooms open to the public
1 EDU + (#FUs/4)
Convention halls and public gathering places
1 EDU + (#FUs/6)
Convention halls and other public gathering places used at a frequency of not more than one event per week and without any for-profit activities
1 EDU + (#FUs/12)
Day-care facilities
1 EDU + (#FUs/6)
Delicatessen and food take-outs
1 EDU + (#FUs/6)
Dormitories
1 EDU + 1 EDU per 2.5 beds
Drive-in food service
1 EDU + (#FUs/6)
Fire stations with associated convention hall(s) holding a maximum of one hall rental event per month and having no regularly scheduled fund-raising functions or fire company business meetings
#FUs/24
Fire stations with associated convention hall(s) holding more than one hall rental event per month and having up to four fund-raising and/or fire company business meetings per month
#FUs/12
Fire stations with associated convention hall(s) holding more than one hall rental event per week and having more than four scheduled fund-raising functions and/or fire company business meetings per month
#FUs/6
Fraternal and/or civic organizations used at a frequency of not more than once per week (if other commercial activities are operating from these premises, they are treated as separate accounts)
1 EDU + (#FUs/9)
General commercial
1 EDU + (#FUs/6)
General commercial, without public access to restrooms
1 EDU + (#FUs/9)
Grocery stores
1 EDU + (#FUs/6)
Health-care facilities (such as dentist, doctor, physical therapy facilities)
1 EDU + (#FUs/6)
Hospitals
1 EDU + 1 EDU per 2 beds
Hotels and motels without restaurants
1 EDU + 1 EDU per 3 rooms or 1 EDU + 1 EDU per 2 suites
Laundromat
1 EDU + 1 EDU per standard commercial washer; 0.15 EDU per high-efficiency commercial washer up to 25 pounds; 0.3 EDU per high-efficiency commercial washer up to 45 pounds; 0.5 EDU per high-efficiency commercial washer up to 80 pounds
Lodging / Dormitory / Housing - full-time occupancy and some shared fixtures (no summer session)
1 EDU per every 2 rooms
Marinas with and without boat waste pumping facilities
1 EDU + (#FUs/6)
Mortuary services / funeral homes
1 EDU + (#FUs/6)
Multiple use - facilities/buildings with multiple uses
1 EDU + (#FUs/6)
Municipal buildings
1 EDU + (#FUs/6)
Nursing homes
1 EDU + 1 EDU per 3 beds
Office buildings with public access
1 EDU + (#FUs/6)
Office buildings without public access
1 EDU + (#FUs/9)
Plane washing facility (military installation)
33 EDU
Prisons
1 EDU + 1 EDU per 2 beds
Recreational facility (such as fitness centers, community centers)
1 EDU + (#FUs/6)
Restaurants and eating places, with restrooms
1 EDU + (#FUs/6)
Retail store
1 EDU + (#FUs/6)
Schools without full-service kitchen
1 EDU + 1 EDU per 30 certified students**
Schools without shower facilities
1 EDU + 1 EDU per 30 certified students**
Schools with full-service kitchen or with showers
1 EDU + 1 EDU per 25 certified students**
Service station with service bays
1 EDU + (#FUs/6)
Service station with wash bays
1 EDU + (#FUs/4)
Special commercial - facilities staffed 24/7/365
1 EDU + (#FUs/3)
Warehouse/Storage buildings
1 EDU + (#FUs/9)
NOTES:
**Number of students (design capacity) as certified by the Delaware Department of Education.
B. 
EDUs assigned to establishments not covered above shall assure that each establishment, in the opinion of the Public Works Director, is given an assignment of EDUs compatible with its use of the County wastewater system. The applicant shall submit a special EDU request for the planned water and wastewater capacities needed. Where necessary, the applicant shall also submit the preliminary data required for an industrial pretreatment permit. If the municipal contract user manages the building/sewer permit, then the jurisdiction shall endorse the request, after reviewing the building plans. This procedure will expedite processing by the Public Works Director.
C. 
EDUs assigned to specific limited use facilities not covered in the above-referenced specific assessments shall be based on projected average daily flow throughout the year. To be considered a limited use facility, wastewater discharge must occur during off-peak hours and projected flows for the entire facility must exceed 10,000 gpd when in use. In addition, limited use facilities must not operate more than 60 days in a calendar year. Assignment of EDUs shall be determined by the Public Works Director.
D. 
Industrial users discharging wastewater under circumstances other than the specific assessments listed herein shall be charged the Main System Capital Improvement Fund charge based upon flow. These users shall also be included in the Kent County Industrial Pretreatment Program. These significant industrial users (SIU) shall be regulated by an agreement between Kent County and the user. The SIU shall submit a letter of planned wastewater conveyance, stating the intended peak volume of discharge per day. Said letter shall be submitted to the Kent Public Works Director at the time plan review commences. The Public Works Director shall calculate the charge based upon the estimated peak daily volume divided by the standard EDU factor to determine the amount due. A user agreement shall be signed that specifies the terms of calculation, amounts due, volume metering and potential additional charges if the predicted volumes are exceeded.
E. 
For the purposes of calculating the improvement fees, fractional EDUs shall be rounded up to the nearest tenth.
F. 
EDUs for projects with multiple uses and a single owner shall be counted as set forth in the formulas above based upon their projected use.
G. 
The minimum required residential payment shall be based on one equivalent single-family dwelling unit per lot. In the event that more than one equivalent single-family dwelling unit is constructed per lot, Main System Capital Improvement Fund charges for each additional unit shall apply.
[1]
Editor's Note: Table 128-III-1 is included at the end of this chapter.
A. 
All existing structures as of the effective date of this chapter which are currently served by the County's wastewater system shall be exempt from the Main System Capital Improvement Fund charge with respect to their existing sewer system capacity. Structures that are determined to be illegal by the County shall not be entitled to any wastewater system facility charge exemption. An "illegal building" shall be defined as one that is constructed without application for the appropriate building permit and sewer permit or is occupied without the appropriate certificate of occupancy.
B. 
The owner of an existing structure, currently served by the County's wastewater system, shall be liable for the Main System Capital Improvement Fund charge increment associated with any enlargement of the existing structure that has an impact on the wastewater flow, or for any increase in the owner's wastewater system capacity. Expansions shall be assessed a pro rata fee. Single-family structure expansions shall be excluded from this subsection.
C. 
Existing structures destroyed or demolished will not be charged an improvement fee for the reconstruction, provided that the replacement structure has the same or lower EDU count and occurs within 24 months of the demolition. If the EDU calculation results in an increase in service, then a pro rata fee will be charged based on the change in EDUs. For the purposes of calculating the improvement fees, fractional EDUs shall be rounded up to the nearest tenth.
A. 
All applicants for connections to be completed after the effective date of this chapter which will be served directly by the County's wastewater system shall be subject to the Main System Capital Improvement Fund charge without exception, including federal, state, city, charitable, religious or other tax-exempt entities.
B. 
Applicants for connections on any vacant residential zoned property that is created in accordance with subdivision rules and regulations shall be assessed Main System Capital Improvement Fund charges for each equivalent single-family dwelling unit connected to the system.
C. 
Illegal wastewater system use will not be the grounds for the exemption from improvement fees that may be assessed in the future
D. 
For commercial accounts, EDUs will be assigned on a per lateral basis, i.e., each lateral to be connected will require a new EDU determination.
A. 
The Levy Court may contract with municipalities as contract users. Current municipal contract users are defined as (additional municipal contract users may be added in the future):
(1) 
Camden-Wyoming Sewer and Water Authority.
(2) 
Dover.
(3) 
Milford.
(4) 
Smyrna.
(5) 
Clayton.
B. 
Municipal contract users will remit payment to the County on the 30th of January, April, July and October for the preceding calendar quarter.
C. 
Municipal contract users have the authority to apply other sources of revenue to the payment of the Main System Capital Improvement Fund charge for the purpose of encouraging economic development and affordable housing. This authority does not change the rate of charge to users due and payable to the Kent County Main System Capital Improvement Fund.
D. 
With the payment, municipal contract users shall submit a listing of fees collected that includes the County Parcel ID, category, EDUs charged and amount collected. Municipal contract users may add an administrative fee up to 5% of the improvement fee for collections.
E. 
Municipal contract users who undertake infiltration/inflow (I/I) reduction measures and/or projects will receive one EDU credit for each 250 gpd of I/I reduction as a result of these measures/projects. Municipal contract users should submit measures/projects to the Public Works Director to determine the actual number of EDUs to be credited. Municipalities who discharge to the Kent County system through a municipal contract user may apply for the I/I credit through the municipal contract user.
A. 
Main system improvement fees payable as a result of this chapter for construction of new structures, or expansion of existing ones, whether residential, commercial or institutional, or new occupancies by mobile homes shall be paid at the time a building or placement permit is issued. Main system improvement fees for existing structures or dwellings to be connected to County facilities by extensions of boundaries of existing SSDs or addition by contract shall be payable at the time of the issuance of a sewer permit prior to connection to the SSD facilities.
B. 
Structures initially served by either private individual wastewater disposal systems or private wastewater treatment plants shall be subject to a deferred Main System Capital Improvement Fund charge. Payment of the deferred charge shall not be required until such time as connection to the County's wastewater conveyance system is actually made. Owners of said structures shall connect to the County facilities within 12 months of written notification by the Department of Public Works of said facilities becoming legally and technically available, as defined by DNREC rules. If connection is not made within the prescribed time frame, sewer billing will commence, regardless of sewer connection status.
C. 
Main system capital improvement fees not used for construction of new structures, or expansion of existing ones, may be refunded to the original payer or legal successor upon authorization of the Public Works Director, subject to concurrence of the Finance Director, less an administrative fee. Such refund shall forfeit any and all claims to sewer system transmission and treatment capacity. Refund requests must be received no later than 18 months from the receipt of original payment by the Department of Public Works.
[Added 10-10-2006 by Ord. No. 06-39]