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Home My Public Portal About2014_01_14_O001 Amending Chap 34 of the TC re Portability of Availability Fees The Town of Leesburg, V PRESENTED: January 14, 2014 Virginia ORDINANCE NO. 2014-0-001 ADOPTED: January 14, 2014 AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-18 (DEFINITION)AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-117 (DEFINITION); AND ADDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-40 (PORTABILITY OF WATER AVAILABILITY FEES)AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-137 (PORTABILITY OF SEWER AVAILABLITY FEES) WHEREAS,the Economic Development Commission has recommended that the Town consider the portability of paid water and sewer availability fees; and WHEREAS, staff has reviewed and evaluated the issue of portable availability fees and recommends an ordinance revision to be effective July 1, 2014 to allow time for development and implementation of a revised program; and WHEREAS,the Town Council held a public hearing to consider these amendments to the Town Code; and WHEREAS,the Code of Virginia, as amended, § Section 15.2-2119 allows the Town Council to set water and sewer availability fees; and WHEREAS, the portability of water and sewer availability fees is advantageous to commercial property owners and perspective tenants. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 34-18 Definition Portability means the transferability of paid water availability fees from one commercial street address to another within a single owner parcel. 2- AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-18 (DEFINITION) AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-117 (DEFINITION)AND ADDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-40 (PORTABILITY OF WATER AVAILABILITY FEES)AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-137 (PORTABILITY OF SEWER AVAILABLITY FEES) Sec. 34-40. Portability of Water Availability Fees (a)All paid water availability fees which have been paid for the issuance of the public facility permit(receipt) shall attach to and run with the parcel. (b) Paid water availability fees are transferable within one commercial parcel with a single owner. Minimum commercial water availability fee, as established by Council, shall remain with each commercial street address. Upon evaluation of available historical records,paid water availability fees in excess of the minimum required commercial fee per use may be eligible for portability. This subsection shall not apply to residential parcels. (c) Parcel owner must consent to transfer paid water availability fee from one commercial street address to another within the same parcel. (d) If any person enlarges a structure or extends the use of the town water system to any new or additional use on a premise, an availability fee shall be paid for the additional use, whether or not a new or enlarged connection is required. This subsection shall only apply if there is a transferable balance from previously paid water availability fees. Sec.34-117. Definition Portability means the transferability of paid sewer availability fees from one commercial street address to another within a one owner parcel. 3- AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-18 (DEFINITION)AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-117 (DEFINITION) AND ADDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-40 (PORTABILITY OF WATER AVAILABILITY FEES) AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-137 (PORTABILITY OF SEWER AVAILABLITY FEES) Sec. 34-137. Portability of Sewer Availability Fees (a)All paid sewer availability fees which have been paid for the issuance of the public facility permit(receipt) shall attach to and run with the parcel. (b) Paid sewer availability fees are transferable within one commercial parcel with a single owner. Minimum commercial sewer availability fee as established by Council shall remain with each commercial street address. Upon evaluation of available historical records,paid sewer availability fees in excess of the minimum required commercial fee per use may be eligible for portability. This subsection shall not apply to residential parcels. (c) Parcel owner must consent to transfer paid sewer availability fee from one commercial street address to another within the same parcel. (d) If any person enlarges a structure or extends the use of the town sewer system to any. new or additional use on a premise, an availability fee shall be paid for the additional use, whether or not a new or enlarged connection is required. This subsection shall only apply if there is a transferable balance from previously paid sewer availability fees. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. This ordinance shall become effective upon July 1, 2014. 4- AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-18 (DEFINITION) AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-117 (DEFINITION)AND ADDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-40 (PORTABILITY OF WATER AVAILABILITY FEES)AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-137 (PORTABILITY OF SEWER AVAILABLITY FEES) 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. PASSED this 14th day of January, 2014. i n C. mstattd, Mayor Town of Leesburg TTE Clerk of Cownc P:\Ordinances\2014\0114 Amending Chapter 34 of the Town Code re Portability of Availability Fees.doc