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Town of Millsboro, DE
Sussex County
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6-2-1986]
The purpose of this Part 2 is to establish appropriate provisions for the construction and expansion of the sewer system of the town and to be sure that the cost of such construction and expansion is borne by those who receive the benefits thereto.
As used in this Part 2, the following terms shall have the meanings indicated:
AREA CONNECTION CHARGE
That one-time fee, rate, charge or assessment imposed by the Town Council on an owner or owners of new, remodeled or restored residential, commercial, institutional or industrial structure or structures, or any combination thereof, to which sewer service is provided or to be provided by the Town of Millsboro to defray the cost of reviewing, planning, designing expansion or enlargement, or any combination thereof, of existing sewer facilities or the cost of planning, designing and construction of new facilities, or any combination thereof, said charge to be imposed and paid by the owner at a time or times prescribed by the Town Council.
PLANT EXPANSION CHARGE
That one-time fee, rate, charge or assessment imposed by the Town Council on an owner of a new, remodeled, restored or enlarged residential, commercial, institutional or industrial structure or structures, or any combination thereof, to which sewer service is provided or is to be provided by the Town of Millsboro which had not previously been served by the Town of Millsboro and which, while not requiring the expansion of the sewer system or the construction of new sanitary sewer facilities, contributes to the decreasing of an adequate reserve for furnishing sewer service within the area served by the Town of Millsboro, and shall be a pro rata share of the use of the capacity of the sewer system determined by the Town Council based upon the size of the property and the use to which the property is to be put, and shall be an amount deemed by the Town Council to be sufficient to compensate the Town of Millsboro for any capital expansion costs required to plan, design, acquire and construct facilities with adequate capacity to serve new users of the sewer system. The plant expansion charge shall be payable payable at a time or times prescribed by the Town Council.
SEWER CAPITAL RESERVE ACCOUNT
An account established in a bank or trust company into which shall be deposited all funds received from the payment of the area connection charge and the area impact charge and from which funds shall be expended only for the purpose of paying the principal of, and interest on, any bonds issued for the construction, installation, repair, maintenance or replacement of the sewage treatment system, including the sewage treatment plant and pumping stations, the making of emergency repairs, major renovations or extensions or expansion or any combination thereof to the sewer connection or treatment system, including repairs and renovations to the sewer treatment plant and pumping stations, as determined by the Town Council.
A. 
When it is necessary that new sanitary sewer facilities, except for service lines and collection or interceptor sewer mains, be reviewed, planned, designed, constructed or installed or that existing sanitary sewer facilities, other than service lines and collection or interceptor sewer mains, be enlarged or expanded because of new, remodeled or restored residential, commercial, institutional or industrial structure or structures, or any combination thereof, the area connection charge shall be 80% of the total cost of such review, planning, design and/or new construction or 80% of the cost of such review, planning, design enlargement or expansion, it having been determined that the benefit generally to the residents and property owners of the Town of Millsboro of such new, enlarged or expanded facilities is 20%.
B. 
When it is necessary that new collection or interceptor sewer pipelines or mains be constructed or installed because of new, remodeled or restored residential, commercial, institutional or industrial structure or structures, or any combination thereof, the area connection charge shall be 80% of the cost of the engineering, construction, installation or extension of such sewer pipelines or mains, it having been determined that the benefit generally to the residents of the property owners of the Town of Millsboro of such new or extended collection sewers or interceptor sewers is 20%. The total cost of all service lines from the collection sewer or the interceptor sewer to the building to be connected to the sanitary sewer system shall be entirely that of the owner.
[1]
Editor's Note: For charges relating to water service, see Ch. 206, Art. V.
When a new, remodeled, restored or enlarged residential, commercial, institutional or industrial structure or structures, or any combination thereof, is connected or is to be connected to the sanitary sewer system decreasing the reserve for furnishing sanitary sewer service to the residents and property owners of the Town of Millsboro, although not requiring the construction of new facilities or the expansion or enlargement of existing facilities, the plant expansion area impact charge shall be the cost of constructing new facilities to serve the number of units of the type and use to be connected to the sanitary sewer system at the time the charge is imposed. The cost of all service lines from the interceptor sewer pipeline or collection sewer pipeline shall be entirely that of the owner.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: For charges relating to water service, see Ch. 206, Water, Art. V.