[Adopted 6-2-1986 by Ord. No. XLII]
The purpose of this article is to establish
appropriate provisions for the construction and expansion of the water
distribution system of the Town and to be assured that the cost of
such construction and expansion is borne by those who receive the
benefit thereof.
As used in this article, the following terms
shall have the meanings indicated:
That one-time rate, charge or assessment imposed by the Town
Council on an owner or owners of a new, remodeled or restored residential,
commercial, institutional or industrial structure or structures, or
any combination thereof, to which water service is provided or is
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 water distribution facilities or the cost of
planning, designing and construction of new facilities, or any combination
thereof, including new wells, said charge to be imposed and paid by
the owner at a time or times prescribed by the Town Council.
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 water service is
provided or 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 water distribution system or the construction
of new facilities, contributes to the decreasing of an adequate reserve
for furnishing water 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 water distribution system determined by the Town Council based
upon the size of the property, the use to which the property is to
be put and the amount determined 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 water distribution system. The
area impact charge shall be payable at a time or times determined
by the Town Council.
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 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 waterlines, the making of emergency repairs, major
renovations, or extensions or expansion, or any combination thereof,
to the water distribution system, including repairs and renovations
to the wells, as determined by the Town Council.
A.Â
When it is necessary that new water facilities, except
for water distribution lines and service lines, be reviewed, planned,
designed, constructed, or any combination thereof, or that existing
water facilities be revised, 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
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.Â
When it is necessary that new water distribution 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 water distribution pipelines or mains, it having
been determined that the benefit generally to the residents and property
owners of the Town of Millsboro of such new or extended water pipelines
or mains is 20%. The total cost of all service lines from the water
distribution line to the building to be served shall be entirely that
of the owner.
A.Â
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
water distribution system decreasing the reserve for furnishing water
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 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 water distribution
system at the time the charge is imposed. The cost of all service
lines from the water distribution main to the building to be served
shall be entirely that of the owner.
B.Â
The amount required each year to operate, maintain
and improve the sewerage system and/or water system and to pay the
necessary general expenses to the sanitary sewerage system shall be
equally proportioned to the total equivalent dwelling units within
the district.
C.Â
Equivalent dwelling units (EDU) shall be determined
according to the most recent EDU computation adopted by Town management.
[Amended 4-5-2021]
D.Â
The number of EDU's assigned an establishment may
be changed if there is a change in any of the considerations, such
as size, use of facilities, etc., used in assigning the EDU's originally.