Ordinance No. 88-12 was adopted on August 20,
1988, in an effort to provide for the assessment of sanitary sewer
district expansion fees.
A.
This article establishes a sanitary sewer district
expansion fee that is automatically adjusted January 1 of each year,
based on average inflation values, as shown in Table 128-IV-I.[1] All funds shall be deposited into the Sanitary Sewer District
(SSD) Expansion Fund and shall be expended for the purpose of expanding/upgrading
the appropriate infrastructure within Kent County Sewage Disposal
District No. 1. It shall be in addition to all other charges and assessments
made in connection with the furnishing of sewage to the users of the
County sewage treatment system. The funds generated by said expansion
fee shall be kept in a separate interest-earning expansion account.
[1]
Editor's Note: Table 128-IV-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 the Sanitary Sewer District expansion fees may be
waived for a particular project or projects. 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 SSD Expansion Fund shall provide
for the expansion/upgrade of force mains, pumping/lift stations and
main sewer collection lines within Kent County Sewage Disposal District
No. 1.
It is determined that new users should equitably
contribute capital for the expansion of said pump stations, force
mains, main sewer lines, or other SSD infrastructure. For all new
users who are, after the effective date of this chapter, connected
to the Kent County sewage system via sanitary sewer district infrastructure,
a district expansion fee per EDU will be charged to the new user according
to Table 128-IV-1.[1] Payment arrangements for subdivisions approved prior to
the effective date of this chapter shall continue in force and effect.
[1]
Editor's Note: Table 128-IV-1 is included at the end of this chapter.
A.
Lot fees were established to repay part of the original
debt of certain Sanitary Sewer Districts. Said lot fees are only to
be assessed as long as the original debt of the respective district
remains. Properties located within the original boundaries of said
districts will be temporarily exempt from payment of the district
expansion fees under the following conditions:
(1)
In order to qualify, properties must be located within
the Bowers, Cheswold, Dykes, Felton, Frederica, Isaacs, Little Creek,
Magnolia, or Tidbury districts, and lot fees must be current.
(2)
Undeveloped land proposed for development which has
been assessed lot fees on a per-acre basis shall be exempt for proposed
EDUs up to the number of lot fees previously assessed. EDUs above
the number of lot fees previously assessed are subject to the district
expansion fee.
(3)
Already subdivided lots which had been assessed lot
fees on an EDU basis shall be exempt up to the number of lot fees
previously assessed. EDUs above the number of lot fees previously
assessed are subject to the district expansion fee.
B.
This exemption shall expire one year after the original
debt of the respective district is repaid in full. At that time, the
district expansion fees are to be paid. Expiration dates for the respective
SSD lot fees are as listed below:
|
Bowers
|
2025
| |
|
Cheswold
|
2009
| |
|
Dykes
|
2022
| |
|
Felton
|
2006
| |
|
Frederica
|
2007
| |
|
Isaacs
|
2007
| |
|
Little Creek
|
2034
| |
|
Magnolia
|
2007
| |
|
Tidbury
|
2007
|
Fees to the user for connection to sanitary sewer district infrastructure will be calculated on a per-equivalent-dwelling-unit (EDU) rate. An EDU is equal to 250 gallons per day (gpd) and shall be determined in accordance with § 128-18.
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 district expansion fee charge with
respect to their existing wastewater 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 or 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 district
expansion fee 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 expansion 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 expansion
fees, fractional EDUs shall be rounded up to the nearest tenth.
A.
District expansion fees payable as a result of this
article for construction of new structures, or an expansion of an
existing one, whether residential, commercial or institutional, or
new occupancies by mobile homes shall be paid at the time a building
and/or sewer permit is issued. District expansion 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 Sanitary Sewer District expansion fees
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.
(1)
In a newly formed, publicly financed district expansion,
the owner of an existing dwelling shall participate in a master plumbing
agreement and be connected within three months of completion of the
project. A "master plumbing agreement" is defined as a publicly bid
plumbing project which covers the tasks of connecting the existing
structure to the County central sewer system and abandoning the on-site
wastewater treatment and disposal system in accordance with DNREC
regulations.
(2)
In a newly formed, privately financed district expansion where Kent County incurs no debt service, the building sewer connection for existing structures shall occur if and when a properly maintained on-site wastewater treatment and disposal system fails, as defined by DNREC regulations. New structures shall be connected in accordance with § 180-8B.
C.
District expansion 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 collection system access. 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]
A.
As heretofore specified, the district expansion fees
shall be used to pay for direct costs or related debt service for
projects located within Kent County Sewage Disposal District No. 1.
B.
Every five years, beginning from the time of adoption
of this chapter, a review of the anticipated SSD Expansion Fund revenues
and expenses shall be studied.
