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Town of Millsboro, DE
Sussex County
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[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:
AREA CONNECTION CHARGE
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.
AREA IMPACT 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 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.
WATER 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 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. 
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. 
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. 
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. 
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. 
Equivalent dwelling units (EDU) shall be determined and enumerated below:
(1) 
A house or dwelling with one kitchen and one or more baths and bedroom(s) separate from kitchen: 1.0 EDU.
(2) 
A dwelling with one kitchen and one or more baths and bedroom(s) separate from the kitchen and attached to other dwellings and structures: 1.0 EDU.
(3) 
A mobile home with one kitchen and one or more baths and bedroom(s) separate from the kitchen: 1.0 EDU.
(4) 
An apartment with one kitchen and one or more baths and bedroom(s) separate from the kitchen: 1.0 EDU.
(5) 
An efficiency unit with kitchen, bedroom and living space in one room and one bath: 0.5 EDU.
(6) 
A motel or hotel room without kitchen and with bath: 0.4 EDU.
(7) 
A gas station with one service bay: 2.0 EDU.
(8) 
Each additional gas station service bay in excess of one: 1.0 EDU.
(9) 
A retail store, 0.10 gallons per day/square foot, 219 gallons per day = 1.0 EDU: 1.0 EDU minimum.
(10) 
A laundromat, 219 gallons per day/washer, 219 gallons per day = 1.0 EDU: 6.0 EDU minimum.
(11) 
Office units, 0.3 gallons per day/square foot, 219 gallons per day = 1.0 EDU: 1.0 EDU minimum per building.
(12) 
A restaurant, 35 gallons per day/seat, 219 gallons per day = 1.0 EDU: 8.0 EDU minimum.
(13) 
A minimum of one equivalent dwelling unit will be assigned for the following:
(a) 
Churches and attached facilities and buildings.
(b) 
Fire stations.
(c) 
Convention halls and public gathering places.
(d) 
Municipal buildings.
(e) 
Bus stations and other public depots.
(f) 
Marinas with sanitary facilities for employees only.
D. 
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.