(a) Fees and charges. For property receiving an allocation in conjunction with approval by the Office of Planning and Zoning for adequacy of public water supply facilities or adequacy of public sewerage facilities, the owner of the property shall pay, for each equivalent dwelling unit:
(1) an allocation reservation charge equal to 40% of the average cost of water and wastewater, as computed by the Department of Public Works, that would be used if the development on the property were complete and the property was receiving water or wastewater service from the County; and
(2) the capital facility connection charge established in § 13-5-813 subject to any exemption contained in that section.
(b) Properties not on the waiting list. For a property that is not on the waiting list provided for in § 17-5-503 of this Code:
(1) the allocation reservation charge shall be paid as follows:
(i) quarterly from the date of allocation until the lot is connected to the County's water or wastewater system; or
(ii) at the option of the property owner:
1. one-half of the 40% paid per quarter and one-half of the 40% deferred per quarter until the eighth anniversary of allocation or connection, whichever occurs first;
2. on the eighth anniversary of allocation or connection, whichever occurs first, a lump sum consisting of the one-half of the 40% deferred per quarter plus interest at an annual rate equal to the applicable prime rate plus an additional 2% on the deferred amounts; and
3. after the eighth anniversary of the allocation, if the property is not connected, 40% per quarter; and
(2) the capital facility connection charge and the accumulated interest calculated in accordance with subsection (f) shall be paid in full within the earlier of eight years after the date of allocation, or prior to or in conjunction with the issuance of a building permit.
(c) Properties on the waiting list. For a property that is on the waiting list provided for in § 17-5-503 of this Code:
(1) the allocation reservation charge shall be paid as follows:
(i) quarterly from the date the property is removed from the waiting list until the lot is connected to the County's water or wastewater system; or
(ii) at the option of the property owner:
1. one-half of the 40% paid per quarter and one-half of the 40% deferred per quarter until the eighth anniversary of removal from the waiting list or connection, whichever occurs first;
2. on the eighth anniversary of removal from the waiting list or connection, whichever occurs first, a lump sum consisting of the one-half of the 40% deferred per quarter plus interest at an annual rate equal to the applicable prime rate plus an additional 2% on the deferred amounts; and
3. after the eighth anniversary of removal from the waiting list, if the property is not connected, 40% per quarter; and
(2) the capital facility connection charge and the accumulated interest calculated in accordance with subsection (f) shall be paid in full within the earlier of eight years after the date the property is removed from the waiting list, or prior to or in conjunction with the issuance of a building permit.
(d) Allocations prior to November 13, 2015; prior payments.
(1) For any property that received an allocation prior to November 13, 2015, the allocation reservation charge shall be paid as set forth in subsection (b)(1) or (c)(1).
(2) Except as provided in subsection (d)(3), for any property that received an allocation prior to November 13, 2015, the capital facility connection charge shall be paid when due as set forth in subsection (b)(2) or (c)(2) at the rates for the capital facility connection charge in effect at the time payment is made, plus the accumulated interest calculated in accordance with subsection (f) and late interest in accordance with subsection (h)(2), if any.
(3) For any property that received an allocation prior to November 13, 2015, and for which one or more annual installment payments of the capital facility connection deferral fee and capital facility connection charge have been paid, the remainder of the capital facility connection charge shall be due as set forth in subsection (b)(2) or (c)(2) at the rates for the capital facility connection charge in effect at the time that payment is made, less the capital facility connection deferral fees and capital facility connection charges previously paid, plus the accumulated interest calculated in accordance with subsection (f) and late interest in accordance with subsection (h)(2), if any.
(e) Additional charges and refunds.
(1) If payment of the capital facility connection charge is made before application for a building permit, an additional capital facility connection charge shall be paid in conjunction with a building permit only if the number of equivalent dwelling units determined during building permit review exceeds the number of equivalent dwelling units determined at the time of the prior payment.
(2) If an allocation is reduced after payment of the capital facility connection charge because of a recalculation of the allocation required to serve the property, the owner may obtain a refund of the capital facility connection charge paid for each equivalent dwelling unit by which the allocation is reduced, less any accumulated interest and penalties calculated in accordance with subsections (f) and (h). Additionally, for each equivalent dwelling unit by which the allocation is reduced, the owner shall pay any unpaid allocation reservation charges, including any interest and penalties accumulated in accordance with subsection (h), deferred allocation reservation charges and any interest on deferred allocation reservation charges.
(3) If an allocation is reduced before payment of the capital facility connection charge because of a recalculation of the allocation required to serve the property, for each equivalent dwelling unit by which the allocation is reduced, the owner shall pay:
(i) all unpaid allocation reservation charges, including any interest and penalties accumulated in accordance with subsection (h), deferred allocation reservation charges and any interest on deferred allocation reservation charges; and
(ii) any accumulated interest or penalties on the capital facility connection charges calculated in accordance with subsections (f) and (h).
(4) (i) The owner may obtain a refund of the difference between the capital facility connection charge and capital facility connection deferral fee paid and the amount of the capital facility connection charge set forth in § 13-5-813(c) or (d) in effect as of March 6, 2016 if:
1. payment of all or a portion of the capital facility connection charge and capital facility connection deferral fee was made prior to March 6, 2016; and
2. payment was made prior to the fifth anniversary of the date of allocation or in conjunction with a building permit prior to issuance; and
3. the fifth anniversary of the date of allocation is after March 6, 2016; and
4. the building permit has not been issued as of March 6, 2016.
(ii) The owner may obtain a refund of the difference between the capital facility connection charge paid in accordance with § 13-5-404 and the amount of the capital facility connection charge set forth in § 13-5-813(c) or (d) in effect as of March 6, 2016 if the capital facility connection charge was paid in conjunction with a building permit not yet issued as of March 6, 2016.
(f) Capital facility connection charge; interest rate. The outstanding principal balance of the capital facility connection charge shall be subject to an annual interest rate equal to the applicable prime rate plus an additional 2%, calculated and accumulated annually on the first of the month of the sixth, seventh, and eighth anniversary of the date of allocation. The accumulated interest charges, and late interest in accordance with subsection (h)(2), if any, shall be due within the earlier of eight years after the date of allocation, or prior to or in conjunction with the issuance of a building permit.
(g) Payment in conjunction with a building permit. When the capital facility connection charge becomes due in conjunction with a building permit, the amount due for each equivalent dwelling unit shall be the total unpaid principal balance of the capital facility connection charge, plus the interest accumulated in accordance with subsections (f) and (h)(2), if any, divided by the number of equivalent dwelling units remaining.
(h) Penalty; interest.
(1) If an allocation reservation charge is not paid within 30 days after the date of billing, a penalty charge equal to 10% of the amount due is owed. The Controller may waive the penalty charged under this subsection no more than once during a calendar year if a bill for an allocation reservation charge is not received due to incorrect owner or address information, or for other reasons as approved by the Controller in consultation with the Director.
(2) An overdue capital facility connection charge shall accrue interest and penalties in accordance with § 4-1-103 of this Code. The Controller may waive the interest and penalties accrued in accordance with § 4-1-103 of this Code on a capital facility connection charge no more than once during a calendar year if a bill for the capital facility connection charge is not received due to incorrect owner or address information, or for other reasons as approved by the Controller in consultation with the Director.
(i) Default.
(1) A default occurs if any fee or charge set forth in this section in an amount of $250 or more is not paid when required and remains unpaid 90 days after a notice of default and lapse of allocation is sent to the property owner.
(2) Upon default, the allocation lapses and the amount set forth in § 13-5-405(b) becomes due. A record of the default and lapse of allocation shall be sent to the property owner and to the Department of Inspections and Permits and the Office of Planning and Zoning, where the record shall be maintained and available to the public.
(Bill No. 5-05; Bill No. 4-09; Bill No. 5-11; Bill No. 57-11; Bill No. 3-13; Bill No. 66-14; Bill No. 78-15; Bill No. 111-15; Bill No. 69-16
; Bill No. 17-19
; Bill No. 98-20
)