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Home My Public Portal About2010_09_14_O019 Amending the Code WS Availability Fees 001The Toum of Leesburg, Virginia PRESENTED September 14.2010 ORDINANCE NO. 2010-0-019 ADOPTED September 14. 2010 AN ORDINANCE: AMENDING SECTION 34-29 (AVAILABILITY CHARGES FOR WATER SERVICE) OF ARTICLE II (WATER SYSTEM) AND SECTION 34-127 (AVAILABILITY CHARGE FOR SEWER SERVICE) OF ARTICLE III (SEWERS AND SEWAGE DISPOSAL) OF CHAPTER 34 (UTILITIES) OF CODE OF THE TOWN OF LEESBURG, VIRGINIA, 2009, AS AMENDED TO EXTEND THE TIME FOR PAYMENT OF AVAILABILITY FEES TO COINCIDE WITH A COMMERCIAL LEASE BUT FOR NO MORE THAN 5 YEARS OF THE FEE IN EXCESS OF $10,000 FOR WATER SERVICE AND $15,000 FOR SEWER SERVICE UPON APPROVAL OF THE INSTALLMENT CONTRACT BY THE TOWN MANAGER The Town Council of Leesburg, Virginia, ordains: SECTION I. That Section 34-29 (AVAILABILITY CHARGES FOR WATER SERVICE) of Article II (WATER SYSTEM) of Chapter 34 (UTILITIES), be and the same is hereby amended to read as follows: SECTION 34-29. Availability chazges for water service. (a) Before any person connects with or withdraws water from the town water system or extends water use on any premises [o any additional dwelling, nonresidential, commercial or industrial use, a water service availabiliTy fee shall be paid in amounts provided below in addition ro fees prescribed in section 34-28. (b) The water connection and water service availability fees shall be paid prior [o 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 [he event the availability fee per connection is in excess of $10,000.00, the amount owed exceeding $10,000.00 may be paid in installments pursuant to a contract [hat has been approved by the town manager. Such contract shall grevide coincide with a commercial lease but for not more than 24b0 monthly installments and shall provide for interest to be paid on the unpaid balance at the legal judgment rate or six 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 [own manager shall discontinue water service to [he premises for which [he fees required in [his article remain unpaid for ten -2_ AN ORDINANCE: AMENDING SECTION 34-29 (AVAILABILITY CHARGES FOR WATER SERVICE) OF ARTICLE II (WATER SYSTEM) AND SECTION 34-127 (AVALABILITY CHARGE FOR SEWER SERVICE) OF ARTICLE III (SEWERS AND SEWAGE DISPOSAL) OF CHAPTER 34 (UTILITIES) OF CODE OF THE TOWN OF LEESBURG, VIRGINIA, 2009, AS AMENDED TO EXTEND THE TIME FOR PAYMENT OF AVAILABILITY FEES TO COINCIDE WITH A COMMERCIAL LEASE BUT FOR NO MORE THAN 5 YEARS OF THE FEE IN EXCESS OF $10,000 FOR WATER SERVICE AND $15,000 FOR SEWER SERV [CE UPON APPROVAL OF THE INSTALLMENT CONTRACT BY THE TOWN MANAGER days from the date of notice of the amount of such fees to the owner or contract holder. Should the water service availability fee be delinquent, any sums paid on the account for any charges shall be applied to [he availability fee charge first, then any remaining balance [o other charges. (c) The abandonment or discontinuance of a water system or the reduction of water system use does no[ 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 [o the water system. (e) Water system availability rates shall be as established by the town council. Fees shall be calculated upon [he rates set by the town council. (f) When applicable, public facility fees and charges shall be determined by the town manager based on accepted engineering standards for water supply. The [own council shall heaz and decide appeals from determinations of fees by [he town manager. (g) If any person enlazges a structure or extends [he use of the town water system to any new or additional use on a premises, an availability fee shall be paid for the additional use, whether or not a new or enlarged connection is required. This subsection shall not apply [o the adaptive reuse of an existing structure within the town's H-I historic district which is served by an adequate water service connection. SECTION IL That Section 34-127 (AVAILABILITY CHARGE FOR SEWER SERVICE) of Article III (SEWERS AND SEWAGE DISPOSAL) of Chapter 34 (UTILITIES), be and [he same is hereby amended to read as follows: SECTION 34-127. Availability charge for sewer service. -3- AN ORDINANCE: AMENDING SECTION 34-29 (AVAII,ABILITY CHARGES FOR WATER SERVICE) OF ARTICLE Il (WATER SYSTEM) AND SECTION 34-127 (AVAILABILITY CHARGE FOR SEWER SERVICE) OF ARTICLE III (SEWERS AND SEWAGE DISPOSAL) OF CHAPTER 34 (UTILITIES) OF CODE OF THE TOWN OF LEESBURG, VIRGINIA, 2009, AS AMENDED TO EXTEND THE TIME FOR PAYMENT OF AVAILABILITY FEES TO COINCIDE W ITH A COMMERCIAL LEASE BUT FOR NO MORE THAN 5 YEARS OF THE FEE IN EXCESS OF $10,000 FOR WATER SERVICE AND $15,000 FOR SEWER SERVICE UPON APPROVAL OF THE INSTALLMENT CONTRACT BY THE TOWN MANAGER (a) Before any person connects with or dischazges sewage into the town sewer system or extends sewer use on any premises to any additional dwelling, nonresidential, commercial or industrial use, a sewer service availability fee shall be paid in amounts provided in subsection (b) of this section in addition to fees prescribed in section 34-126. (b) The sewer connection and sewer service availability fees shall be paid prior to the issuance of a zoning petmit or, where no zoning permit is required, before extension of sewer service to any new or additional use on the premises, provided however [hat in the event the availability fee per connection is in excess of $15,000.00, the amount owed exceeding $15,000.00 may be paid in installments pursuant to a contract that has been approved by the town manager. Such contract shag provide coincide with a commercial lease but for not more than 24 60 monthly installments and shall provide for interest to be paid on the unpaid balance at the legal judgment rate or six percent per annum, whichever is greater Surety [o [he satisfaction of the [own 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 town manager shall discontinue sewer service [o 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 or contract holder. Should payment no[ be made on said contract ten percent of [he monies paid to the town for water and sewer service shall be applied to the availability fee contract until such contract is paid in full. Should the sewer service availability fee be delinquent, any sums paid on the account for any charges shall be applied to the availability fee charge firs[, then any remaining balance to other charges. (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 the section shall not apply to single-family dwellings existing within the town on June 1Q, 1970, and which aze continued in single- family residential use after connection [o [he sewer system. _q- AN ORDINANCE: AMENDING SECTION 34-29 (AVAILABILITY CHARGES FOR WATER SERVICE) OF ARTICLE II (WATER SYSTEM) AND SECTION 34-127 (AVAILABILITY CHARGE FOR SEWER SERVICE) OF ARTICLE III (SEWERS AND SEWAGE DISPOSAL) OF CHAPTER 34 (UTB.ITIES) OF CODE OF THE TOWN OF LEESBURG, VIRGINIA, 2009, AS AMENDED TO EXTEND THE TIME FOR PAYMENT OF AVAB.ABB.ITY FEES TO COINCIDE WITH A COMMERCIAL LEASE BUT FOR NO MORE THAN 5 YEARS OF THE FEE IN EXCESS OF $10,000 FOR WATER SERVICE AND $15,000 FOR SEWER SERVICE UPON APPROVAL OF THE INSTALLMENT CONTRACT BY TFIE TOWN MANAGER (e) Sewer service availability rates shall be as established by the town council. Fees shall be calculated upon the rates set by the town council. (t) When applicable, public facility fees and chazges shall be determined by the town manager based on accepted engineering standazds for sewage dischazge. The town council shall heaz and decide appeals from determinations of fees by [he [own manager. (g) If any person enlazges a stmcture or extends the use of the [own sewer system to any new or additional use on a premises, an availability fee as determined in subsection (f) of this section shall be paid for the additional use, whether or not a new or enlazged connection is required. This subsection shall not apply to the adaptive reuse of an existing stmcture within the town's H-1 historic district which is served by an adequate sewer 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 declazed invalid, the decision shall no[ affect [he validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 14`" day of September, 2010. T' Clerk of un it 1 C. mstattd, Mayor Town of Leesburg P90rdinances\2010\0914 Amending Segions 34-29 and 34-12] (WS Availability Fas)2.doe