The URL can be used to link to this page

Home My Public Portal About1988_06_22_O022Lees r in ORDINANCE NO. AN ORDINANCE: PRESENTED June 22~ 1988 88-0-22 ADOPTED June 22, 1988 AMENDING CHAPTER 15 AND 19 OF THE TOWN CODE REGARDING REVISED AVAILABILITY FEES FOR SEWER AND WATER CONNE.CTIONS WHEREAS, Council Resolution No. 87-258, adopted November 25, 1'987, directed the manager to prepare an availability fee rate study and recommended availability fee schedule to be considered in conjunct:ion with the FY 89 budget process; and WHEREAS, a report entitled,"An Availability Fee Rate Study Thru the Year 2000" was prepared and submitted to the Council on March 4, 1!988; and WHEREAS, this rate study developed a revised availability fee :rate schedule which updates capital costs for future water and sewer improvements to accommodate new growth; and WHEREAS, the recommended availability fee schedule more accurately reflects the amounts new utility users should pay to help fund future utility capital projects; and WHEREAS, a public hearing was held on the proposed rate schedule pursuant to Section 15.1-29.14 of the 1950 Code of Virginia, as amended; and WHEREAS, this Council recognizes that the rate study's proposed capital costs for Leesburg's next water pollution control facility expansion did not anticipate the advanced wastewater treatment (AWT) design criteria promulgated under the Dulles Area Watershed Policy of the State Water Control Board; and WHEREAS, this Council further recognizes that any final determination which results in the elimination of Leesburg's interim permit requirements -2- in favor of AWT standards will result in significant increases in the town's water and sewer availability fees: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 15-14 of the Town Code, "Availability Charge for Sewer Service," is amended to read as follows: Sec. 15-14. Availability charge for sewer service. (a) Before any person connects with or discharges sewage into the town sewer system or extends sewer use on any premises to any additional dwelling, commercial or industrial use, a sewer service availability fee shall be paid in amounts provided below in addition to fees prescribed in Sections 15-12 and 15-13. (b) The sewer connection and sewer service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of sewer service to any new or additional use on the premises. The manager shall discontinue sewer service to premises for which the fees required in this article remain unpaid for ten days from teh date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a sewer system or the reduction of sewer system use does not entitle any person to refund of fees paid. (d) The fees provided in this section shall not apply to single-family dwellings existing within the town on June 10, 1970, and which are continued in single-family residential use after connection to the sewer system. (e) The fees provided in'this section shall be reduced by $~7~0r00 $2,040 for lots of record for which a connection fee was paid prior to June 10, 1970. (f) Sewer service availability fees for residential uses shall be as follows: Discharge Facility Fee One-bedroom dwelling, each ..................... Two-bedroom, multi-family dwelling or townhouse with basement, each Three- or more bedroom dwelling, two-bedroom dwelling with den or other room capable of being converted to a bedroom, or two-bedroom, single-family detached dwelling, each $2,040 $2,040 ~¥50:00 $2,040 Mobile home, each ½~4~.00 $12,040 -3- (g) Sewer service availability fees for non-residential uses shall be -$~5~.-0~ $2,040 or more depending on the estimated sewage flow and required treatment characteristics from the user as compared to the sewage flow and required treatment characteristics from the average single-family dwelling. Fees shall be calculated as follows: All non-industrial uses: ~?fMfr~.-~ $2,040 or $~ $5.61 per gallon per day of the estimated sewage flow from the user, whichever is greater. All industrial uses: The greater of ${%q~.~N~ $2,040 or $5.61 per gallon per day of the estimated sewage flow from the user, plus an additional charge in proportion to the excess biochemical oxygen demand, suspended solids, or other pollutant discharge of the user above the average pollutant discharge of residential users on the system. (h) Fees shall be determined by the manager based on accepted engineering standards for sewage discharge. The Council shall hear and decide appeals from determinations of fees by the manager. (i) If any person enlarges a structure or extends the use of the town sewer system to any new or additional use on a premises, an availability fee as determined in paragraph (g) above shall be paid for the additional use, whether or not a new or enlarged connection is required. SECTION II. Section 19-23 of the Town Code, "Availability for Water Service", is amended to read as follows: Section 19-23. Availability charges for water service. (a) Before any person connects with or withdraws water from the town water system or extends water use on any premises to any additional dwelling, commercial or industrial use, a water service availability fee shall be paid in amounts provided below in addition to fees prescribed in Sections 19-21 and 19-22. (b) The water connection and water service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of water service to any new or additional use on the premises. The manager shall discontinue water service to premises for which the fees required in this article remain unpaid for ten days from the date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a water system or the reduction of water system use does not entitle any person to refund of fees paid. (d) The fees provided in this section shall not apply to single-family dwellings existing within the town on June 10, 1970, and which are continued in single-family residential use after connection to the water system. -4- (e) The fees provided in this section shall, be reduced by ~J~O $1,450 for lots of record for which a connection fee was paid prior to June 10, 1970. (f) Water system availability fees for residential uses shall be as follows: Use Fee One-bedroom dwelling, each ifrf~, Two-bedroom, multi-family dwelling or townhouse without basement, each ~42~.0~ Three-or more bedroom dwelling, two-bedroom dwelling with den or other room capable of being converted to a bedroom, or two-bedroom, single-family detached dwelling, each ~,~Q.O~ Mobile home, each ;74~.99 $1,450 $1,450 $1,450 $1,450, (g) Water service availability fees for non-residential uses shall be $~,~Q $1,450 or more depending on the estimated water flow to the user as compared to the water flow to the average ~ingle-family dwelling. Fees shall be calculated as follows: All other uses: $i~F59 $1,450 or $~,86 $2.50 per gallon per day of the estimated water flow to the user, whichever is greater. (h) Fees shall be determined by the manager based on accepted engineering standards for water supply. The Council shall hear and decide appeals from determinations of fees by the manager. (i) If any person enlarges a structure or extends the use of the town water system to any new or additional use on a premises, an availability fee as determined in paragraph (g) above shall be paid for the additional use, whether or not a new or enlarged.connection is required. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be in full force and effect on August 1, 1988. PASSED this 22nd day of June , 1988. Robert E. Sevila, Mayor Town of Leesburg Clerk of ~uncil