HomeMy Public PortalAbout2006_10_11_O066 Amending Section 15-14 of the TC regarding Availability Fees
The Town of
Leesburg,
Virginia
PROPOSED: October 11. 2006
ORDINANCE 2006-0-66
ADOPTED: October 11. 2006
AN ORDINANCE: AMENDING AND REORDAINING SECTION 15-14 (AVAILABILITY
CHARGE FOR SEWER SERVICE) of Article I (GENERAL) of
CHAPTER 15 (SEWERS AND SEWAGE DISPOSAL) AND SECTION
19-23 (AVAILABILITY CHARGES FOR WATER SERVICE) OF
ARTICLE II (TOWN WATERWORKS GENERALLY) OF CHAPTER 19
(WATER) ALL OF THE CODE OF THE TOWN OF LEESBURG,
VIRGINIA, 1976, AS AMENDED
The Town Council of Leesburg hereby ordains:
SECTION I. That Section 15-14 (AVAILABILITY CHARGE FOR SEWER SERVICE)
of Article I (GENERAL) of Chapter 15 (SEWERS AND SEWAGE DISPOSAL), be and the
same hereby is amended to read as follows:
Section. 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. provided
however that in the event the availability fee per connection is in excess of $15.000.00. the
amount owed exceeding $15.000 may be paid in installments pursuant to a contract that
has been approved by the town manager. Such contract shall provide for not more than
twenty-four (24) monthly installments and shall provide for interest to be paid on the
unpaid balance at the legal iudgment rate or six (6%) percent per annum. whichever is
greater. Surety to the satisfaction of the town manager shall be required. The unpaid
principal may be paid in full without penalty at any time. If any installment is not paid
when due. the entire remaining balance shall be immediately due and payable. The
manager shall discontinue sewer 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.
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AN ORDINANCE: AMENDING AND REORDAINING SECTION 15-14 (A V AILABILITY
CHARGE FOR SEWER SERVICE) AND SECTION 19-23 (AVAILABILITY
CHARGES FOR WATER SERVICE) OF THE CODE OF THE TOWN OF
LEESBURG, VIRGINIA, 1976 AS AMENDED
(c) The abandonment or discontinuance of a sewer system or the reduction of
sewer system use does not entitle any person to a 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 $3,715.00 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~~
shall inerease by the rate offol:lf aad one halfperceflt per year for eaeh year, beginning
July 1, 1996.
Multifamily dwelling, townhouse or mobile home, per unit. . . $5.600.003,150.00
Single-family detached dwelling, or two family attached (duplex), per unit. . . $6.978.00
1,300.00
(g) Sewer service availability fees for residential uses shall be reduced to
$1,750.00 per unit where the lot was created and a single-family detached dwelling was
existing thereon prior to the 1984 annexation and failure of the septic system is imminent,
as determined by the town manager in consultation with the Virginia Department of
Health.
(h) Sewer service availability fees for non-residential uses shall be $6.978.00
1,300.00 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 and shall inerease by the rate of four aad one halfpereent per year begirming July
1, 1996:
All nonindustrial uses: $6.978.001,300.00 or $19.33 H-:9-l- per gallon per day of the
estimated sewage flow from the user, whichever is greater.
All industrial uses: The greater of$6.978.00 1,300.00 or $19.33 H-:9-l- 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 of the system.
(i) 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.
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AN ORDINANCE: AMENDING AND REORDAINING SECTION 15-14 (A V AILABILITY
CHARGE FOR SEWER SERVICE) AND SECTION 19-23 (A V AILABILITY
CHARGES FOR WATER SERVICE) OF THE CODE OF THE TOWN OF
LEESBURG, VIRGINIA, 1976 AS AMENDED
G) 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
(h) above shall be paid for the additional use, whether or not a new or enlarged
connection is required. This paragraph shall not apply to the adaptive reuse of an existing
structure within the town's H-l historic district which is served by an adequate sewer
service connection.
SECTION II. That Section 19-23 (AVAILABILITY CHARGES FOR WATER
SERVICE) of Article II (TOWN WATERWORKS GENERALLY) of Chapter 19 (WATER), be
and the same hereby is amended to read as follow:
Sec. 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. provided however that in
the event the availability fee per connection is in excess of $10.000.00. the amount owed
exceeding $10.000 may be paid in installments pursuant to a contract that has been
approved by the town manager. Such contract shall provide for not more than twenty-four
(24) monthly installments and shall provide for interest to be paid on the unpaid balance
at the legal iudgment rate or six (6%) percent per annum. whichever is greater. Surety to
the satisfaction of the town manager shall be required. The unpaid principal may be paid
in full without penalty at any time. If any installment is not paid when due. the entire
remaining balance shall be immediately due and payable. 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.
(e) The fees provided in this section shall be reduced by $2,524.00 for lots of
record for which a connection fee was paid prior to June 10, 1970.
-4-
AN ORDINANCE: AMENDING AND REORDAINING SECTION 15-14 (A V AILABILITY
CHARGE FOR SEWER SERVICE) AND SECTION 19-23 (A V AILABILITY
CHARGES FOR WATER SERVICE) OF THE CODE OF THE TOWN OF
LEESBURG, VIRGINIA, 1976 AS AMENDED
(f) Water system availability fees for residential uses shall be as follows~-aHEl
shall increase by the rate of four and 01'1e half pereent per year for eaeh year, beginning
July 1, 1996.
Use Fee
Multifamily dwelling, townhouse or mobile home, per unit. . . $3.583.002,210.00
Single-family detached dwelling- or two-family attached (duplex), per unit. . . $4.481.00
2,760.00
(g) Water service availability fees for residential uses shall be reduced to
$1,750.00 per unit where the lot was created and a single-family detached dwelling was
existing thereon prior to the 1984 annexation and failure of the well is imminent, as
determined by the town manager in consultation with the Virginia Department of Health.
(h) Water service availability fees for nonresidential uses shall be $2,760.00 or
more, depending on the estimated water flow to the user as compared to the water flow to
the average single-family dwelling. Fees shall be calculated as follows~ and shall increase
by the rate of f{)ur and one half pereent per year begil1fling Jaly 1, 1996.
All other uses: $4.481.002,760.00 or $12.76 =1-:&+ per gallon per day of the estimated
water flow to the user, whichever is greater.
(i) 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.
G) 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 (h) above, shall be paid for the additional use, whether or not a new or enlarge
connection is required. This paragraph shall not apply to the adaptive reuse of an existing
structure within the town's H-l historic district which is served by an adequate water
service connection.
SECTION III. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION IV. If any provision of this ordinance is declared invalid, the decision shall
not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance.
-s-
AN ORDINANCE: AMENDING AND REORDAINING SECTION 15-14 (AVAILABILITY
CHARGE FOR SEWER SERVICE) AND SECTION 19-23 (AVAILABILITY
CHARGES FOR WATER SERVICE) OF THE CODE OF THE TOWN OF
LEESBURG, VIRGINIA, 1976 AS AMENDED
PASSED this 11th day of October 2006
~d~
Town of Leesburg
ATTEST:
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P/06/availabilityfees