City of Middletown, NY Article XIII Development Charge

[Added 6-12-1972 (Ch. 122, Art. I of the 1971 Code)]

§ 193-52 Connection charge for residential uses.

[Amended 1-14-1974; 2-24-1975; 11-10-1986; 2-8-1993; 5-8-2006; 10-5-2010; 12-7-2010; 12-7-2021]

A. Construction inside the City. For each new residential building constructed in the City of Middletown, there shall be a water, sewer and recreational hookup charge of $2,300 per dwelling unit; in any dwelling unit where there are more than 12 fixtures, an additional charge of $10 per fixture shall be added. For each new mixed-use building constructed in the City of Middletown, there shall be a water, sewer and recreational hookup charge of $2,300 per dwelling unit; this charge shall be additional to the hookup charge assessed for the nonresidential portion of the building.

B. Construction outside the City. For each new residential building constructed outside the City of Middletown which is permitted to receive City sewer and/or water service, there shall be a minimum water and sewer hookup charge of $2,300 per dwelling unit, and the Common Council shall have the discretion to charge a higher fee; in any dwelling unit where there are more than 12 fixtures, an additional charge of $10 per fixture shall be added. For each new mixed-use building constructed outside the City of Middletown, there shall be a water, sewer and recreational hookup charge of $2,300 per dwelling unit, and this charge shall be additional to the hookup charge assessed for the nonresidential portion of the building; the Common Council shall have the discretion to charge a higher hookup fee.

C. An addition of 10 or more dwelling units in a residential or mixed-use building shall require a hookup charge to be calculated and assessed as described in Subsections A and B, above.

§ 193-53 Connection charge for nonresidential uses.

[Amended 1-7-2008; 10-5-2010; 12-7-2010; 12-7-2021]

A. For all nonresidential new construction inside or outside the City, the hookup charge shall be based upon the estimated consumption of water and sewer services as compared with the average water and sewer consumption of an individual dwelling unit; the average residential unit consumption is 146,000 gallons per year (400 gallons per day multiplied by 365 days). This estimate and charge shall be determined by the Treasurer and the Commissioner of Public Works and shall be proportionately based upon a hookup charge of $2,300 per individual unit, except that this unit figure shall be $2,000 for out-of-City construction, subtracting the $300 park contribution in recognition of the out-of-City nonresidential usage. Thus, by way of example, new nonresidential construction inside the City that is estimated to consume 292,000 gallons per year shall be charged a hookup fee of $4,600. New nonresidential construction outside the City that is estimated to consume 292,000 gallons per year shall be charged a hookup fee of $4,000. For nonresidential construction inside or outside the City, the Common Council shall have the discretion to charge a lower or higher hookup fee. However, in no event shall a hookup fee be charged in excess of $500,000.

B. The hookup fee assessed in Subsection A shall be subject to a three-year lookback review process. This process shall occur only if the property owner or the City requests such a lookback prior to the end of the three-year period after connection. This process shall be performed by the Treasurer and Commissioner of Public Works. The average annual water consumption for the three years after connection shall be obtained. If this average exceeds the estimated consumption initially calculated by the City, the initial hookup fee shall be increased proportionately. If this average is less than the estimated consumption, the initial hookup fee shall be reduced proportionately, except that in no event may the hookup fee be reduced less than $2,300 for in-City construction and $2,000 for out-of-City construction.

C. A change of use in a nonresidential building that results in an increase in consumption in water usage of more than 730,000 gallons in a calendar year shall require a hookup charge to be calculated and assessed as described in Subsections A and B, above.

§ 193-54 Use change in existing structures.

In an existing structure where a use change is planned and where such change involves an increase in water and sewer consumption, a water and sewer capital improvements connection charge shall be made. Such charge shall be reviewed and evaluated under §§ 193-52 and 193-53 of this article.

§ 193-55 Issuance of building permit.

[Amended 1-7-2008; 12-7-2021]

No certificate of occupancy shall be issued and no connection to the City water/sewer system shall be implemented until the hookup charge provided in § 193-52 or 193-53 has been paid to the Treasurer.

§ 193-56 Use of moneys received.

[Amended 10-24-1972; 2-24-1975; 11-10-1986; 2-23-1987; 2-8-1993; 5-8-2006; 10-5-2010; 12-7-2010; 12-7-2021]

The moneys received as a result of the hookup charge shall be proportionally used as follows:

A. Two thousand dollars of the moneys received shall be used to offset prior water and sewer capital improvements and shall be deposited in the City’s reserve for bonded debt fund.

B. Three hundred dollars of the moneys received shall be used to offset prior recreational capital improvements and shall be deposited in the City’s reserve for bonded debt fund, except that this subsection shall not apply to nonresidential uses outside of the City.