[Adopted 12-13-1988 by L.L. No. 10-1988 (Ch. 48 of the 1971 Code)]
This Part 3 shall be known and may be cited as the "Sewer Impact Fee Law of the Town of Fallsburg, Sullivan County, New York."
A. 
Findings. The Town Board of the Town of Fallsburg makes the following findings and conclusions:
(1) 
Projections indicate that the population of the Town of Fallsburg will increase substantially during the next 20 years;
(2) 
The increase in population and the incidential demand for wastewater services will directly and adversely impact the existing wastewater treatment and disposal facilities as provided by the Fallsburg Consolidated Sewer District;
(3) 
In order to accommodate this impact, the wastewater treatment and disposal facilities of the Fallsburg Consolidated Sewer District will have to be expanded;
(4) 
The existing wastewater treatment and disposal facilities of the Fallsburg Consolidated Sewer District are not sufficient to accommodate anticipated new development which is expected to occur in the Town of Fallsburg;
(5) 
The Town of Fallsburg Comprehensive Plan provides that land development be permitted only where adequate public facilities exist, or can be provided to accommodate it;
(6) 
Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development;
(7) 
New development should contribute for its fair share of the costs of providing new facilities necessary to accommodate such new development;
(8) 
A thorough engineering study has been made to establish a method for developing capital recovery and capital impact fees for expanding wastewater treatment and disposal facilities;
(9) 
The capital recovery fee formula is to provide that new developers shall pay their equal share of capital costs incurred;
(10) 
The capital impact fee formula is not established at a rate to correct existing deficiencies;
(11) 
The capital impact fee formula as determined in this Part 3 establishes a fair and conservative method of assessing new development for its fair share of costs;
(12) 
The capital recovery and impact fees will not fully pay for the costs of wastewater treatment and disposal facilities necessary for new development, and the Town recognizes that the shortfall will have to come from other revenue sources; and
(13) 
Increasing the capacity of wastewater treatment and disposal facilities in order to provide essential services is a recognized responsibility of government and is in the best interest of public health, safety and welfare.
B. 
Purpose. The purpose of this Part 3 is to assure that new development does not overtax existing levels of service and that new development bears a proportionate share of the cost of capital expenditure necessary to provide wastewater treatment and disposal services required to mitigate the impacts of new growth in the Town of Fallsburg.
Pursuant to §§ 10(1)(ii)(a)(9-a), (11) and (12) of the Municipal Home Rule Law and § 10(6) of the Statute of Local Governments, the Town of Fallsburg has authority to enact this Part 3; and, whereas, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), the Town may supersede provisions of the Town Law; § 277 of the Town Law, and any of the provisions of the Town Law, to the extent that it is in conflict with this Part 3, is hereby superseded and amended.
A. 
Liberal construction. The provisions of this Part 3 shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.
B. 
Generally. For the purposes of administration and enforcement, unless otherwise stated, the following rules of construction shall apply to the text of this Part 3:
(1) 
In case of any difference of meaning or implication between the text of this Part 3 and any caption, illustration, summary table, or illustrative table, the text shall control.
(2) 
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(4) 
The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."
(5) 
The word "person" includes an individual, a corporation, a partnership, an unincorporated association, or any other similar entity.
(6) 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either. . . or", the conjunction shall be interpreted as follows:
(a) 
"And" indicates that all the connected terms, conditions, provisions, or events shall apply.
(b) 
"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
(c) 
"Either. . . or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
(7) 
The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(8) 
"Building permit" means a building permit issued pursuant to Chapter 96 or Chapter 100 of this Code.
As used in this Part 3, unless the context or subject matter otherwise requires:
APPROVED EXISTING BUILDING LOT
A building lot of a subdivision which has been approved by the Town Planning Board and filed in the Sullivan County Clerk's Office pursuant to § 276 of the Town Law prior to the effective date of this Part 3.
CAPITAL IMPACT FEE
The fee charged to the developer at the time of approval of a subdivision located outside the Fallsburg Consolidated Sewer District to partially offset the anticipated costs of providing additional capital improvements necessitated or which will be necessitated by the development of such subdivision, or at the time of issuance of a building permit for premises located inside the Fallsburg Consolidated Sewer District.
CAPITAL IMPROVEMENT
Includes the amount of all expenses which are legally incurred or occasioned by reason of the improvement or project and shall include, but not be limited to, the amount of all contracts, the costs of all lands and interests therein necessarily acquired, including the total payment of principal remaining on obligations assumed pursuant to Paragraph (b) of Subdivision 12 of § 198 of the Town Law, the costs of erection of necessary buildings for operation or administration of the improvement, printing, publishing, interest on loans, legal and engineering services and as otherwise provided in § 202 of the Town Law.
CAPITAL RECOVERY FEE
The fee charged at the time of issuance of a building permit to equitably adjust the proportionate share of contributions of a specific property for capital improvements in the Fallsburg Consolidated Sewer District (to be effective December 31, 1988) heretofore established or to any extension made to such district resulting from an anticipated larger demand on the use of the facilities provided by such district.
DEVELOPER
A person commencing a land development activity which generates need for wastewater treatment and disposal and which ultimately requires the issuance of a building permit.
A. 
Payment required. Any person who, after the effective date of this Part 3, seeks to develop land by submitting a complete application for subdivision approval or a building permit to make an improvement to land or change use of land which will generate additional demand of wastewater treatment and disposal facilities, shall be required to pay capital recovery and impact fees in the manner and amount set forth in this Part 3.
B. 
Payment before issuance of building permit or subdivision approval. No building permit for any activity requiring payment of capital recovery and impact fees pursuant to this Part 3 shall be issued unless and until the capital recovery and impact fees hereby required have been paid as hereinafter provided. Nor shall any subdivision be deemed finally approved until the capital impact fee has been paid, if so required.
A. 
Capital recovery fee.
(1) 
The capital recovery fee shall be per unit as set from time to time by resolution of the Town Board after a public hearing upon five days' public notice as determined by § 230-44A(1) of Part 1, Sewer Use, of this chapter, except that no unit charge should be computed for vacant land.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Each approved existing building lot or separate parcel of land existing at the time of enactment of this Part 3 shall be entitled to a credit of 12 units.
(3) 
The capital recovery fee shall be computed and paid at the time of issuance of a building permit pursuant to this Municipal Code.
B. 
Capital impact fee.
(1) 
The capital impact fee shall be per unit as set from time to time by resolution of the Town Board after a public hearing upon five days' public notice as determined by § 230-44A(1) of Part 1, Sewer Use, of this chapter, except that no unit charge shall be computed for vacant land.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Each approved existing building lot or separate parcel of land existing at the time of enactment of this Part 3 and located within the Fallsburg Consolidated Sewer District shall be entitled to a credit of 12 units.
(3) 
For premises located within the Fallsburg Consolidated Sewer District, the capital impact fee shall be computed and paid pursuant to the provisions set forth in this Part 3.
[Amended 3-23-1993 by L.L. No. 2-1993]
(4) 
For premises located outside the Fallsburg Consolidated Sewer District, the capital impact fee shall be computed and paid pursuant to the provisions set forth in this Part 3.
[Amended 3-23-1993 by L.L. No. 2-1993]
(5) 
In case of improvement of vacant land for which subdivision approval is not required, the payment of the capital impact fee shall be paid as set forth in this Part 3.
[Amended 3-23-1993 by L.L. No. 2-1993]
(6) 
In case a lot is developed for a more intensive use, the difference shall be calculated and paid at the time a building permit is issued.
(7) 
The annexation of any parcel of land not presently located in the Fallsburg Consolidated Sewer District into the District shall not have any effect upon the imposition of the capital recovery fee or capital impact fee as above provided.
A. 
Time of payment.
[Amended 3-23-1993 by L.L. No. 2-1993]
(1) 
Fifty percent of the impact fee charged to the applicant shall be paid prior to the issuance of a building permit by the Building Inspector of the Town of Fallsburg.
(2) 
The balance of 50% of the impact fee charged to the applicant shall be paid prior to the issuance of the certificate of occupancy by the Building Inspector of the Town of Fallsburg.
(3) 
Anything herein contained in the foregoing notwithstanding, in the event that a major capital expenditure is required by the Fallsburg Consolidated Sewer District in excess of $10,000 to serve the proposed project, then the portion of the impact fee up to and including the total impact fee required to cover said expenditure must be paid at the time of subdivision approval and the balance, if any, at the time set forth in Subsection A(1) and (2) of this section.
B. 
Deposit of fees. All funds collected shall be promptly transferred for deposit into the Wastewater Impact Fee Trust Fund for the Fallsburg Consolidated Sewer District to be held in a separate account as determined in § 230-68 of this Part 3 and shall be used solely for the purposes specified in this Part 3.
A. 
Separate fund. There is hereby established a Wastewater Impact Fee Trust Fund for the Fallsburg Consolidated Sewer District.
B. 
Withdrawals. Funds withdrawn from such account must be used in accordance with the provisions of § 230-69 of this Part 3.
A. 
Purpose. Funds collected from capital recovery and impact fees shall be used for the purpose of capital improvements to, and expansion of, the Fallsburg Consolidated Sewer District.
B. 
Use for maintenance prohibited. No funds shall be used for periodic or routine maintenance.
C. 
Approval by Town Board. The dispersal of capital recovery and impact fee funds shall require the approval of the Town Board of the Town of Fallsburg in accordance with all applicable laws relating to the expenditure of funds for capital improvements.
The imposition of the capital recovery and impact fees shall not be construed to be in lieu of, but shall be in addition to, the annual local assessments pursuant to Article VIII of Part 1, of this chapter and the sewer rents as provided in Part 2 of this chapter.
The Town Board reserves the right, at any time, to amend, revise or change any of the methods of calculating the capital recovery fee, the capital impact fee, or the unit charge for each, or in any other manner, to amend, revise or change this Part 3 which the Town Board determines to be equitable and fair.