This article is intended to provide an additional funding mechanism for municipal water capital improvements consistent with constitutional constraints on such exactions.
The Board of Trustees is hereby empowered to establish, and from time to time revise, by resolution, charges of the following categories:
A. 
Water facilities improvement and connection charge.
(1) 
Residential.
(2) 
Commercial.
(3) 
Industrial.
Moneys received by the Village attributable to the charges herein shall be held in trust for the purpose of mitigating the capital facility needs. Moneys shall be utilized for the purpose of providing capital improvements to the water distribution system facilities located solely within the corporate limits of the Village of Brewster in compliance with all statutory, regulatory and permit requirements. The moneys shall not be used for operations and maintenance. The Board of Trustees shall establish from time to time such capital reserve funds and/or trust and agency funds as necessary and appropriate to effectuate the purpose of this article.
A. 
During or prior to construction of any real property within the Village which requires the installation of a new service connection to the water distribution system, or to mains served by the water distribution system, the person or legal entity so requesting and/or installing such new service connection may connect to the water distribution system only after making application to the Village and paying a capital charge as hereinafter prescribed. Funds received from the new connection shall be placed in an account designated for the purposes of paying the cost of capital improvement of the water system and for no other purpose.
B. 
For a new service connection to the water system, a fee per unit as provided in the Village fee schedule[1] for all new water service connections shall be paid. "Unit" as described in the fee schedule for purposes of capital charge only is defined as follows:
(1) 
Single-family home: one unit.
(2) 
Multifamily dwelling: one unit per dwelling.
(3) 
Commercial/industrial: one unit per 400 gallons per day of water usage. Water usage shall be based on usage estimates approved by the Village and shall be rounded up to the next whole unit.
(4) 
Multifamily dwellings and commercial/industrial connections shall be assessed at a minimum one unit per building.
[1]
Editor's Note: Said fee schedule is on file in the Village offices.
No new residential, commercial or industrial unit shall connect to or change the use of the connection to the water distribution system until all charges attendant thereto have been paid.
A. 
The Board of Trustees shall annually, in conjunction with the adoption of the budget, review the charges, capital improvement program and capital reserve accounts. The purpose of such review shall be to:
(1) 
Determine whether charges are adequate and sufficient to mitigate anticipated needs without being burdensome or in excess of the fair share of costs attributable to new development and to revise such charges as the Board of Trustees shall deem advisable.
(2) 
Consider refund of charges moneys where capital improvement goals have been met without the exhaustion of such moneys. Completion of a phase or portion of a capital improvement program shall not mandate the refund of moneys where program goals remain to be accomplished, and such funds will be utilized for such purposes.
(3) 
Consider the refund of fee moneys which have been allocated for a particular capital improvement within three years of payment. Moneys shall be deemed allocated to a particular project when so designated by the Board of Trustees and the state environmental quality review process prerequisite to the implementation of such improvements has commenced.
B. 
The Board of Trustees is hereby empowered to establish an administrative mechanism for the refund of impact fees when such fees have not been found necessary for the funding of capital improvements. Such refunds shall be fairly allocated.