Full Text
SANITARY SEWER IMPACT FEE POLICY Updated 7/15/2008 1 Effective 7/16/2008 1. Purpose The purpose of this policy is to provide a means for new sewer users to offset the effect additional sewer connections will have on the existing sanitary sewer system. This will be done by having new sewer users pay a sewer impact fee for connecting into the sanitary sewer system. The funds raised by the fee will be used to eliminate infiltration and inflow of storm water runoff into the sanitary system. The removal of storm water will offset the new sanitary flow, allowing the new flow to be treated at the Lewiston-Auburn Water Pollution Control Authority with little or no effect on the system, minimizing sewer backups, and reducing sewer overflows into the Androscoggin River. Storm water inflow and infiltration will be reduced by sewer infrastructure improvements. The infrastructure improvements will be provided by the Capital Improvement Program required by the City Charter and shall be completed as funds become available based on the cost effectiveness of the improvement. 2. Removal Criteria The Maine Department of Environmental Protection (License Number W000684-45-A-R) and the United States Environmental Protection Agency (NPDES Permit No. ME0100994) require the City of Lewiston to remove one part storm water from the sanitary sewer system in order to add one part of new sanitary sewage. Because of the City of Lewiston's combined sewer and storm water system, the City of Lewiston will require the removal of one part sanitary sewage on a day basis. An example of day basis is allowing the addition of one gallon of sanitary sewage per day over a period of five days after five gallons of storm water entering the system in one day have been removed. The City of Lewiston is hereby establishing a sewer impact fee schedule (see Section 3) based on the cost of removing storm water from the sewage system and thereby allowing an increase in sanitary sewage. 3. Fees The fee will be charged for new or increased utilization of the sewer system. The sewer system consists of sanitary and combined sewers that transport sewage to the Lewiston-Auburn Water Pollution Control Authority. This fee shall be in addition to the connection fees and system use charges. The fee shall be paid prior to issuance of a building permit for new structures and prior to issuance of either a sewer connection permit or a building permit for existing structures. No fees will be charged if the increased water use is primarily caused by a fire protection sprinkler system. Fee Schedule--New Structures: Residential - single family $1,055.00 each multi-family $ 790.00 per unit Non-Residential (includes Commercial, Industrial, and Mixed Use). The fee shall be based on the water meter size (the diameter of the bore of the water meter servicing the structure), as follows: ---PAGE BREAK--- SANITARY SEWER IMPACT FEE POLICY Updated 7/15/2008 2 Effective 7/16/2008 5/8 inch $ 790.00 3/4 inch 1,140.00 1 inch 2,020.00 2 inches 8,075.00 3 inches 18,165.00 4 inches 32,290.00 6 inches 72,650.00 8 inches 129,150.00 Fee schedule--Increases in Use: Residential: If the number of dwelling units in a residential structure shall increase from the number of units in existence on the date this policy goes into effect or the number in existence on the date on which the most recent sewer impact fee was paid for said structure, whichever is later, a fee shall be paid for each additional unit prior to the issuance of a building permit for the proposed construction. Non-Residential: If there is an increase in the water flow to a non-residential structure requiring the installation of a larger water meter than the one servicing the non- residential structure on the date this policy goes into effect or on the date on which a meter was installed for which the most recent sewer impact fee was paid, whichever is later, a fee shall be paid based on the increase in size between the new meter and the old meter. The fee for the new meter will be the fee in effect at the time the fee is paid for the new installation. The credit for the meter being replaced will be either a) the fee in effect when the fee was paid for the prior meter, or b) the fee for that size meter on the effective date of this policy if no impact fee has previously been paid. 4. Segregation of Funds Upon receipt of any sewer impact fees, the Sewer Division will place such funds in a separate account in order to segregate them. Records will be kept listing the date of receipt, the amount received, the name, address and telephone number of the depositor of the fee, and the street address of the property for which the fee is being deposited. Interest earned on funds in the account shall become part of the account and both shall be used solely for the purposes specified in Section 1 of this policy. 5. Variances or Exceptions to Impact Fee The Sewer Division may grant variances or exceptions from Section 3 of this Policy. Requests for variances or exceptions to the sewer impact fee will only be considered under the circumstances set forth herein. The request must be made in writing by the current owner of the affected property to the Sewer Division within twelve (12) months from the date the impact fee was paid. The variance or exception will only be granted in accordance with the following standards: a. Recycling of Water: If a device or system is installed on the affected property whereby water is recycled or water consumption is lowered, resulting in a reduced sewer flow, the sewer impact fee shall be adjusted proportionately. ---PAGE BREAK--- SANITARY SEWER IMPACT FEE POLICY Updated 7/15/2008 3 Effective 7/16/2008 b. Seasonal Use of a Facility: If because of the seasonal use of the affected property it can be established that there is a reduced sewer flow, the sewer impact fee shall be adjusted proportionately. c. Other Reductions in Use: If a reduction in flow to the sewer results from any other conservation measure and this reduction in flow is established by an engineering report prepared by a professional engineer licensed by the State of Maine or is established by a sewer meter installed and approved by the Sewer Division, the sewer impact fee shall be adjusted proportionately. A decision on the request for a variance or exception shall be made by the Sewer Division within sixty (60) days from the receipt by the Sewer Division of a complete written application for a variance or exception. The decision by the Sewer Division may be appealed to the Board of Appeals for review of whether the Sewer Division erred in the interpretation or application of this section of the Policy. 6. Refunds of Impact Fees The current owner of a property on which a sewer impact fee has been paid, based on the City of Lewiston's assessment records, shall be eligible for a refund of the fee under the following circumstances: a. If the Sewer Division has failed to utilize the fee collected as outlined in this policy within ten (10) years from the date the fee was paid, the current owner may be eligible for a refund. The fees and interest thereon first paid in shall be considered as having been first utilized. The Sewer Division will continually monitor its records to determine what funds have not been utilized. If it is determined that a refund of the sewer impact fee is due, the current owner of the affected property, based on the City of Lewiston's assessment records, will be notified by first class mail and by a notice in the legal notice section of any newspaper having a general circulation in the City of Lewiston. The owner must request a refund from the Sewer Division in writing within thirty (30) days of the date the last notice is given. If an owner believes that he is eligible for a refund but has not been notified by the Sewer Division, the owner may file a written request for a refund with the Sewer Division. Such a request must be filed within eleven (11) years from the date the fee was paid. b. If the building permit for the structure or project on which the sewer impact fee has been paid has lapsed because of the failure to start construction, the current owner may request a refund. The responsibility for requesting such a refund shall be solely on the owner. The request must be filed in writing with the Sewer Division within one year of the date the building permit lapsed. c. If the structure or project, on which the sewer impact fee has been paid, has been altered resulting in a decrease in the amount of the sewer impact fee due, and this change is reflected in a revised building permit, the current owner may request a refund. The responsibility for requesting such a refund shall be solely on the owner. The request must be filed in writing with the Sewer Division within one year of revised building permit being issued. A decision on the request for a refund shall be made by the Sewer Division within sixty (60) days from the receipt by the Sewer Division of the written request. The decision by the Sewer Division on a request for a refund may be appealed to the Board of Appeals for review of whether the Sewer Division erred in its interpretation or application of this section of the policy. ---PAGE BREAK--- SANITARY SEWER IMPACT FEE POLICY Updated 7/15/2008 4 Effective 7/16/2008 7. Exemptions for Impact Fees a. For a period of ten (10) years from the effective date of this policy, no sewer impact fee shall be collected from the owners of properties that were subject to an assessment under the Sanitary Sewer Assessment Policy at the time this policy goes into effect, as set forth hereinafter: On properties that were subject to such an assessment on the effective date of this policy, one existing structure or, if no structure exists, one new structure hereafter erected, will not have to pay a sewer impact fee to initially connect to the sewer system providing that a sewer connection permit is obtained within ten (10) years from the effective date of this policy. Any additional structures on the property will have to pay such a fee and a fee will be due for any increase or change in use requiring a new sewer connection permit. A property subject to the Sanitary Sewer Assessment Policy shall include the entire lot or parcel of land that is individually taxed or otherwise depicted as a separate lot on the City of Lewiston's assessment records at the time the assessment is imposed. There shall only be an exemption for one sewer connection per lot and the permit for such a connection must be obtained within ten (10) years from the effective date of this policy. In order for a property to be considered as being subject to an assessment under the Sanitary Sewer Assessment Policy on the date this policy goes into effect, the City Council must have deemed a project to be feasible and must have requested the Public Works Department to submit a list of abutters. b. The single family residential fee contained in Section 3 of this policy may be waived by the City Council for persons meeting the following criteria: 1. said single family residence must have in the opinion of the Division of Code Enforcement a currently failing septic system existing on the property; and 2. the individual(s) to whom real estate taxes on the property are assessed must each be at least 65 years old; and 3. said single family residence must be the principal residence of each of the individual(s) described in subparagraph and 4. income must be less than 80% of Community Development Block Grant (HUD) income guidelines. To be eligible for the exemption, an applicant must provide to the Superintendent of the Sewer Division reasonable documentation of age, income and principal residence. The exemption described in this paragraph shall be effective on and after September 1, 1993.