Who pays wastewater system facility charges

(a) New applicants for service. (1) All applicants for structures to be completed after October 24, 1990* shall be liable for the payment of wastewater system facility charges, provided that they will be served directly or indirectly by the city’s wastewater system. (2) Applicants for structures on any existing vacant, residential zoned property shall be exempt from paying a system facility charge for connecting one equivalent single-family dwelling unit to the city’s wastewater system. In the event more than one equivalent single-family dwelling unit is connected to the system, system facility charges shall be assessed for each additional equivalent single-family dwelling unit connected. (3) Applicants for structures on any vacant residential zoned property that is created in accordance with city subdivision rules after October 24, 1990* shall be assessed system facility charges for each equivalent single-family dwelling unit connected to the system. (4) Applicants for structures to be completed after October 24, 1990* that will initially be served by either private individual wastewater disposal systems or private wastewater treatment plants shall be subject to a deferred wastewater system facility charge. Payment of the deferred charge shall not be required until such time as connection is actually made either directly or indirectly to the city’s wastewater system. (5) All other applicants for structures to be completed after October 24, 1990* that will be served either directly or indirectly by the city’s wastewater system shall be subject to the wastewater system facility charge, including federal, State, city, charitable, religious, or other tax-exempt entities; except that the wastewater system facility charge shall be reduced for low-income housing projects in accordance with § 43-10.6 . (b) Existing structures. (1) All existing structures as of October 24, 1990* that are currently served either directly or indirectly by the city’s wastewater system or by private individual disposal systems or treatment plants, shall be exempt from the wastewater system facility charge with respect to their existing wastewater system capacity entitlement. Structures that are determined to be illegal by the city shall not be entitled to any wastewater system facility charge exemption. (2) The existing wastewater system capacity entitlement for residential structures shall be based on the number and type of existing dwelling units. (3) The existing wastewater system capacity entitlement for nonresidential structures shall be based on the size of the existing water meter serving the existing structures as determined from board of water supply water service records. For those structures served by a private water well, the water meter size shall be determined from the State department of land and natural resources records. (4) The owner of an existing residential or nonresidential structure shall be liable for the wastewater system facility charge increment associated with any enlargement of the existing structures or for any increase in the owner’s wastewater system capacity entitlement. Editor’s note: * “October 24, 1990” is substituted for “the effective date of this article.”