[Adopted 5-11-2004 by L.L. No. 2-2004]
The Town Board of the Town of Fallsburg is aware that there
has been a substantial increase in subdivisions and site plans submitted
to the Town of Fallsburg Planning Board and that projections indicate
that same will continue based on a projected population growth in
the Town of Fallsburg over the next number of years. This increased
growth will increase the demand for water services and wastewater
disposal services and will directly impact the existing wastewater
disposal system and water supply facilities operated by the Town of
Fallsburg which will necessitate the expansion thereof and increase
the necessity to repair and maintain same. In order to equitably distribute
the monies needed for such expansion, repair and maintenance, new
developments should contribute their fair share of the cost of providing
said facilities for wastewater disposal and water service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
There is hereby imposed a one-time fee to be assessed on the
real property in the Town of Fallsburg on which new construction is
proposed when such construction results from subdivision or site plan
approval by the Town of Fallsburg Planning Board. Such fees will be
called "water development fee" or "sewer development fee," as the
case may be. The fee will be due and payable by the property owner
and shall be a lien against the real property until paid. All subdivisions
and site plans approved by the Town of Fallsburg Planning Board on
or after May 13, 2004, shall be subject to the payment of the fees
set forth herein. All monies collected pursuant to this article shall
be deposited in a fund to be used by the Town for expansion, repair
or maintenance of the sewage disposal system or water supply system
of the Town of Fallsburg, it being understood that all sums paid for
water development fees shall be used for the expansion, repair or
maintenance of the water supply system and all sums paid for sewer
development fees shall be used for the expansion, repair or maintenance
of the sewerage disposal system, including the acquisition of any
property necessary for said purposes.
[Amended 6-24-2013 by L.L. No. 2-2013; 3-14-2016 by L.L. No. 2-2016]
A.
For purposes of this article, the payment of development fees shall
be based on a gallon-per-day charge. The charge or fee is hereby established
as $0.86 per gallon per day for water development fee and $2.81 per
gallon for sewer development fee for in-district development, and
$5.26 per gallon per day for water development fee and $16.42 per
gallon per day for sewer development fee for out-of-district development.
Whether a property is in-district or out-of-district shall be established
by the district lines as they will exist on May 13, 2004. So, for
example, if a subdivision is proposed whereby the subdivider wishes
to add a sewer or water extension district to an existing district,
those structures that are built on premises that on May 13, 2004,
are not part of the district will be considered an out-of-district
structure for purposes of this article. Further, the Town of Fallsburg
may from time to time change the amount of such fees by resolution
of the Town Board.
B.
Gallons per day for various uses have been established and tabulated
(Table I) and shall be utilized for the calculation of development
fees.
C.
The Town Engineer may use his/her discretion in calculating gallons
per day for uses not provided on Table I.
D.
The Town reserves the right to collect fees in the event additional
homes or bedrooms are built beyond the approved.
|
Table 1
Residential
| |||
|---|---|---|---|
|
Type of Use
|
Unit
|
Gallons/Day
| |
|
Apartment
|
Per bedroom
|
110
| |
|
Mobil home park
|
A single-wide home
|
200
| |
|
A double-wide home
|
300
| ||
|
Single-family residence
|
Per bedroom
|
110
| |
|
NOTES:
| |
|
Home or lodging establishments with high-flow fixtures need
to account for any higher peak flow periods.
|
|
Campgrounds
| |||
|---|---|---|---|
|
Type of Use
|
Unit
|
Gallons/Day
| |
|
Day camp
|
Per person
|
12
| |
|
Add to shower
|
8
| ||
|
Add for lunch
|
4
| ||
|
Campground
|
Per unsewered site*
|
44 (includes showers)
| |
|
Per sewered site
|
80
| ||
|
Campground day use
|
Per person
|
4
| |
|
Dumping station**
|
Per unsewered site
|
8
| |
|
Per sewered site
|
4
| ||
|
NOTES:
| |
|
*Gallons per day for food service and laundry shall be added.
Structures available for overnight occupancy other than those meeting
the definition of a camping unit shall be based on 150 gallons per
day unit for design flow purposes.
| |
|
** The addition of flow for dump station sewage may be prorated
by using an estimated percentage of sites for RV use based on historical
data.
|
|
Institutional
| |||
|---|---|---|---|
|
Type of Use
|
Unit
|
Gallons/Day
| |
|
Assisted living facility/complex
|
Per bed(1),(2)
Add 10 gallons per day for in-room kitchen
|
110
| |
|
Group home (residential-style building)
|
Per bed(1)
Add 150 GPD per day per house for garbage grinder
|
110
| |
|
Nursing home (hospital care)
|
Per bed(1),(2)
|
140
| |
|
Hospital
|
Per bed(1),(2)
|
140
| |
|
Per outpatient
|
24
| ||
|
Church/synagogue
|
Per seat(1)
|
3
| |
|
Church hall
Fire hall
Community center
|
Per seat(2)
|
8
| |
|
Library/museum
|
Per patron(1),(2)
|
4
| |
|
Public park
|
Per person (toilet only)
|
4
| |
|
Prison/jail
|
Per inmate(1),(2)
|
120
| |
|
Schools
|
Day, per student
|
8
| |
|
Elementary
Junior High
Senior High
|
6, 8, 10
| ||
|
Add for meals/showers
|
4/4
| ||
|
Boarding school
|
Per Student(1),(2)
|
60
| |
|
Mikvah
|
Per square foot
|
0.2
| |
|
Add per shower fixture
|
220
| ||
|
NOTES:
| |
|
(1) Add 15 gallons per day per employee.
| |
|
(2) Add for Food Service Operations, e.g. twenty-four-hour restaurant.
|
|
Commercial
| |||
|---|---|---|---|
|
Type of Use
|
Unit
|
Gallons/Day
| |
|
Airport/bus/rail terminal
|
Per passenger(1)
|
4
| |
|
Per toilet
|
320
| ||
|
Barber shop/beauty salon
|
Per station without hair-care sink
|
40
| |
|
Per station with hair-care sink
|
160
| ||
|
Bowling alley
|
Per lane(1),(2)
|
60
| |
|
Bed-and-breakfast
|
Per room (See note under Residential)
|
110
| |
|
Casino
|
Per employee/shift
|
12, plus 0.2 per square foot for nonlodging customer use
| |
|
County clubs and golf courses
|
Per round of golf(1),(2)
Add for bar, banquet, shower or pool facilities and golf tournaments
|
16
| |
|
Concert hall/arena/theater/ assembly hall/stadium/skating rink
|
Per seat(1),(2)
|
4
| |
|
Day care
|
Per child(1)
|
16
| |
|
Doctor's office
|
Per doctor
|
200
| |
|
Dog/pet grooming (also see kennel and veterinary office further
on in table)
|
Per station
|
400
| |
|
Dentist
|
Per chair(3)
|
200
| |
|
Drive-in theater
|
Per car space(2)
|
4
| |
|
Factory/distribution warehouse
|
Per employee/shift
|
12
| |
|
Add for showers
|
8
| ||
|
Fairgrounds
|
Per visitor(2)
|
4
| |
|
Health club
|
Per patron
|
16
| |
|
Highway rest area
|
per traveler(2)
|
4
| |
|
Per dump station vehicle
|
6
| ||
|
Hotel
|
Per sleeping unit(2)
Add for banquet hall, nightclub, pool/spa, theater, etc.
|
110
| |
|
Kennel
|
Per kennel/run/cage
|
40
| |
|
Laundromat
|
Per machine
|
460
| |
|
Marina
|
Per slip(2)
With shore-side restroom facilities, including shower
|
16
| |
|
Add per slip for dump station
|
6
| ||
|
Migrant worker housing
|
Per person
|
40
| |
|
Motel
|
Per sleeping unit
|
110
| |
|
Add for in-room kitchen
|
8
| ||
|
Add for in-room jacuzzi/spa
|
16
| ||
|
Office Building
|
Per employee(2)
|
12
| |
|
Add for showers
|
4
| ||
|
Service station/convenience store
|
Per toilet(2)
|
320
| |
|
Shopping center/grocery store/department store
|
Per square foot(1),(2)
Add for deli, bakery, butcher
|
0.1
| |
|
Swimming pool/bath house
|
Per swimmer
|
5
| |
|
Veterinary office
|
Per veterinarian
|
160
| |
|
NOTES:
|
|---|
|
(1) Add 15 gallons per day per employee/shift
|
|
(2) Add for food service operations, e.g., twenty-four-hour
restaurant
|
|
(3) Dental offices must recycle mercury amalgam instead of washing
it down the drain
|
|
Food Service Operation
| ||
|---|---|---|
|
Type of Use
|
Unit
|
Gallons/Day
|
|
Ordinary restaurant
|
Per seat
|
30
|
|
Twenty-four-hour restaurant
|
Per seat
(for cafeterias, prorate flow in proportion to the hours)
|
40
|
|
Fast food restaurant
|
Per seat
|
20
|
|
Per drive-up window
|
400
| |
|
Lounge/bar
|
Per seat
|
16
|
|
Drive-in
|
Per car space
|
40
|
|
Banquet hall
|
Per seat
|
8
|
|
Restaurant along freeway
|
Per seat
|
60
|
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The charges or fees as established above shall be due and payable
before the signing of the subdivision or site plan by the Town of
Fallsburg Planning Board. Such fee shall remain a lien against the
real property until paid, and no Town official shall issue a building
permit or certificate of occupancy or other report concerning such
property until the charges or fees required hereby have been paid.
The failure of the Town to collect such fees at the time when they
are due and payable shall not waive the Town's right to collect same,
together with interest thereon, from the time such fees were due and
payable.
If the Town Board determines that such charges or fees are due
and owing but have not been paid, the Town Board shall, after due
notice to the property owner and an opportunity to be heard at the
next Town Board meeting, assess such water development fee or sewer
development fee, together with legal interest thereon from the date
same was due, and costs related to same, against such real property.
Notice by certified mail, return receipt requested, to the address
shown on the Town's latest assessment roll at least 10 days prior
to the date of the hearing shall be deemed good and sufficient notice.
Such assessment shall be levied on the annual state, county and Town
real property tax bill.
