Ordinance No. 88-12 was adopted on August 20, 1988, in an effort to provide for the assessment of sanitary sewer district expansion fees.
A. 
This article establishes a sanitary sewer district expansion fee that is automatically adjusted January 1 of each year, based on average inflation values, as shown in Table 128-IV-I.[1] All funds shall be deposited into the Sanitary Sewer District (SSD) Expansion Fund and shall be expended for the purpose of expanding/upgrading the appropriate infrastructure within Kent County Sewage Disposal District No. 1. It shall be in addition to all other charges and assessments made in connection with the furnishing of sewage to the users of the County sewage treatment system. The funds generated by said expansion fee shall be kept in a separate interest-earning expansion account.
[1]
Editor's Note: Table 128-IV-1 is included at the end of this chapter.
B. 
The Kent County Levy Court may determine, by appropriate action, that a sufficiently important benefit for Kent County justifies establishing that the Sanitary Sewer District expansion fees may be waived for a particular project or projects. Obtaining federal or state grants or low interest loans for Kent County's benefit as part of a particular sewer project may qualify as a sufficiently important benefit for Kent County to permit such action by a majority vote of the Kent County Levy Court.
The scope of the SSD Expansion Fund shall provide for the expansion/upgrade of force mains, pumping/lift stations and main sewer collection lines within Kent County Sewage Disposal District No. 1.
It is determined that new users should equitably contribute capital for the expansion of said pump stations, force mains, main sewer lines, or other SSD infrastructure. For all new users who are, after the effective date of this chapter, connected to the Kent County sewage system via sanitary sewer district infrastructure, a district expansion fee per EDU will be charged to the new user according to Table 128-IV-1.[1] Payment arrangements for subdivisions approved prior to the effective date of this chapter shall continue in force and effect.
[1]
Editor's Note: Table 128-IV-1 is included at the end of this chapter.
A. 
Lot fees were established to repay part of the original debt of certain Sanitary Sewer Districts. Said lot fees are only to be assessed as long as the original debt of the respective district remains. Properties located within the original boundaries of said districts will be temporarily exempt from payment of the district expansion fees under the following conditions:
(1) 
In order to qualify, properties must be located within the Bowers, Cheswold, Dykes, Felton, Frederica, Isaacs, Little Creek, Magnolia, or Tidbury districts, and lot fees must be current.
(2) 
Undeveloped land proposed for development which has been assessed lot fees on a per-acre basis shall be exempt for proposed EDUs up to the number of lot fees previously assessed. EDUs above the number of lot fees previously assessed are subject to the district expansion fee.
(3) 
Already subdivided lots which had been assessed lot fees on an EDU basis shall be exempt up to the number of lot fees previously assessed. EDUs above the number of lot fees previously assessed are subject to the district expansion fee.
B. 
This exemption shall expire one year after the original debt of the respective district is repaid in full. At that time, the district expansion fees are to be paid. Expiration dates for the respective SSD lot fees are as listed below:
Bowers
2025
Cheswold
2009
Dykes
2022
Felton
2006
Frederica
2007
Isaacs
2007
Little Creek
2034
Magnolia
2007
Tidbury
2007
Fees to the user for connection to sanitary sewer district infrastructure will be calculated on a per-equivalent-dwelling-unit (EDU) rate. An EDU is equal to 250 gallons per day (gpd) and shall be determined in accordance with § 128-18.
A. 
All existing structures as of the effective date of this chapter which are currently served by the County's wastewater system shall be exempt from the district expansion fee charge with respect to their existing wastewater system capacity. Structures that are determined to be illegal by the County shall not be entitled to any wastewater system facility charge exemption. An "illegal building" shall be defined as one that is constructed without application for the appropriate building permit or sewer permit or is occupied without the appropriate certificate of occupancy.
B. 
The owner of an existing structure, currently served by the County's wastewater system, shall be liable for the district expansion fee charge increment associated with any enlargement of the existing structure that has an impact on the wastewater flow, or for any increase in the owner's wastewater system capacity. Expansions shall be assessed a pro rata fee. Single-family structure expansions shall be excluded from this subsection.
C. 
Existing structures destroyed or demolished will not be charged an expansion fee for the reconstruction, provided that the replacement structure has the same or lower EDU count and occurs within 24 months of the demolition. If the EDU calculation results in an increase in service, then a pro rata fee will be charged based on the change in EDUs. For the purposes of calculating the expansion fees, fractional EDUs shall be rounded up to the nearest tenth.
A. 
District expansion fees payable as a result of this article for construction of new structures, or an expansion of an existing one, whether residential, commercial or institutional, or new occupancies by mobile homes shall be paid at the time a building and/or sewer permit is issued. District expansion fees for existing structures or dwellings to be connected to County facilities by extensions of boundaries of existing SSDs or addition by contract shall be payable at the time of the issuance of a sewer permit prior to connection to the SSD facilities.
B. 
Structures initially served by either private individual wastewater disposal systems or private wastewater treatment plants shall be subject to a deferred Sanitary Sewer District expansion fees charge. Payment of the deferred charge shall not be required until such time as connection to the County's wastewater conveyance system is actually made.
(1) 
In a newly formed, publicly financed district expansion, the owner of an existing dwelling shall participate in a master plumbing agreement and be connected within three months of completion of the project. A "master plumbing agreement" is defined as a publicly bid plumbing project which covers the tasks of connecting the existing structure to the County central sewer system and abandoning the on-site wastewater treatment and disposal system in accordance with DNREC regulations.
(2) 
In a newly formed, privately financed district expansion where Kent County incurs no debt service, the building sewer connection for existing structures shall occur if and when a properly maintained on-site wastewater treatment and disposal system fails, as defined by DNREC regulations. New structures shall be connected in accordance with § 180-8B.
C. 
District expansion fees not used for construction of new structures, or expansion of existing ones, may be refunded to the original payer or legal successor upon authorization of the Public Works Director, subject to concurrence of the Finance Director, less an administrative fee. Such refund shall forfeit any and all claims to sewer collection system access. Refund requests must be received no later than 18 months from the receipt of original payment by the Department of Public Works.
[Added 10-10-2006 by Ord. No. 06-39]
A. 
As heretofore specified, the district expansion fees shall be used to pay for direct costs or related debt service for projects located within Kent County Sewage Disposal District No. 1.
B. 
Every five years, beginning from the time of adoption of this chapter, a review of the anticipated SSD Expansion Fund revenues and expenses shall be studied.