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§ 1040.09 UTILITY BILLING REVIEW BOARD.
   (A)   (1)   There is hereby established a Utility Billing Review Board, which shall consist of four persons appointed by the Mayor.
      (2)   Any administrative decision made by any person charged with the enforcement of water, sewer, storm water or refuse and recycling collection may be appealed to the Board by any person claiming to be adversely affected by such decision.
      (3)   Where there are unnecessary hardships due to lack of adequate income, the Board shall have the power, in specific cases, to authorize an adjustment for water, sewer, storm water, refuse and recycling so that the public health, safety and general welfare may be secured and so that substantial justice may be done.
   (B)   All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon every question. If any member is absent or fails to vote, it shall indicate such fact. The Board shall adopt, from time to time, such rules and regulations as it deems necessary to implement the provisions of this section.
   (C)   The members of the Board shall be residents of the city, shall serve without compensation from the city and shall not hold any other public office with the city.
   (D)   A member shall be appointed for an initial term of one year; another member shall be appointed for an initial term of two years; and another member shall be appointed for an initial term of three years, with two options of renewal. Vacancies for unexpired terms shall be filled within 60 days and in the same manner as original appointments are made.
   (E)   A non-voting representative of the city’s Utility Billing Department shall serve as the Secretary to the Board and shall establish the agenda and keep the minutes.
(Prior Code, § 1040.10) (Ord. 164-1991, passed 10-14-1991; Ord. 202-2000, passed 10-9-2000; Ord. 68-2010, passed 6-14-2010; Ord. 11-2018, passed 2-12-2018)
§ 1040.10 TAP-IN FEES.
   (A)   (1)   Determination. Council hereby establishes and determines that these system development charges (SDCs) shall apply to all sanitary sewer connection whether directly or indirectly connected to the city sanitary sewer system, including individual services connected within a bulk service area. Indirectly connected shall constitute any service laterals discharging to a sanitary sewer system or portion thereof not owned by the city but ultimately discharging to the city’s Wastewater Treatment Plant.
      (2)   Conversion tables. Council hereby establishes a system development charge (SDC) per each equivalent residential unit (ERU) according to the following conversion tables relating to water meter size:
         (a)   Residential dwellings.
 
Single-Family Water Meter Size
ERUs per Dwelling Unit
SDC
   5/8”
   1.0
   $1,600
   3/4”
   1.5
   $2,400
   1”
   2.5
   $4,000
 
 
Duplex Water Meter Size
ERUs per Dwelling Unit
SDC each
   5/8”
   0.86
   $1,376
   3/4”
   1.29
   $2,064
 
*Each of the two dwelling units must be metered separately and served by a separate sewer lateral.
         (b)   Commercial dwellings.
 
Water Meter Size Determined by Owner
   ERUs per Dwelling Unit
SDC Total
   3-plex
   0.86
   $4,128
   4-plex
   0.86
   $5,504
   Apartment (5 or    more dwelling units)
   0.67
   $1,072 (per    dwelling unit)
 
         (c)   Commercial (other than dwelling), industrial and institutional.
Water Meter Size
   ERUs
   SDC
Water Meter Size
   ERUs
   SDC
   5/8”
   1.0
   $1,600
   3/4”
   1.5
   $2,400
   1”
   2.5
   $4,000
   1-1/2”
   5.0
   $8,000
   2”
   8.0
   $12,800
   3”
   12.0
   $19,200
   4”
   16.0
   $25,600
   6”
   24.0
   $38,400
 
      (3)   Application rules and guidelines.
         (a)   The use of equivalent residential units (ERUs) is per American Water Works Association (AWWA) criteria for meter sizes eight-eights inch through two inches. For water meter sizes larger than two inches, SDC charges will be proportional to the equivalent residential units (ERUs) established for that use.
         (b)   The city reserves the right to require a minimum meter size for any application.
         (c)   Based on historic data, the minimum meter size for a restaurant shall be a one-inch meter.
         (d)   The city may increase the SDC up to 3% annually.
      (4)   Fee collections.
         (a)   For sanitary sewer customers not connected to the city’s Water Distribution System (directly or indirectly), it will be necessary for the customer to install a city water meter and reading device on the well water supply line directly as it enters the premises. Water meter size and location shall be approved by the city’s Water Distribution Department. Such meter will be used to determine monthly sanitary sewer charges.
         (b)   Any modification of the fees set forth in this division (A)(4) is at the sole discretion of City Council.
      (5)   System development charge administration.
         (a)   Revenues from sanitary sewer system development charges shall be accounted for separately from other funds. System development charges and interest earned thereon may be expended only for capital project costs, including interest expenses.
         (b)   The following situations shall be exempted from payment of the system development charges:
            1.   Alterations or expansion of an existing building where no additional or larger water meter connections are requested;
            2.   The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water connections are requested. For the property owner to retain the exemption from SDCs, the building permit for the replacement structure must be obtained within one year of the date of water service termination;
            3.   A change in water meter size shall not be exempted from payment of the system development charge; however, a credit shall be given for the current system development charge on the old connection size; and
            4.   No system development fee shall be required, nor credited for a change in water meter size that results in a decrease in meter size.
         (c)   A 50% reduction of the SDCs shall be granted to certain residents of the city for new residential, owner-occupied, single-family dwellings. The reduction shall apply for one year from the date of approval.
   (B)   The City Council hereby approves special system development charges (SDCs) for all water and sewer connections made at any point on the new water and sewer mains installed to serve the New Haven Project, and any associated developments served by the new infrastructure, either directly or indirectly, as defined by the general system development charges established by City Council. Such fees shall be as follows and may increase by up to 5% annually. Water and sewer SDCs for water meter sizes in excess of five-eighths inch shall be proportional to those fees charged under the standard $1,000 base water SDC (utility rules) and $1,600 base sanitary sewer SDC per the general system development charges established by City Council:
 
$2,045
Special water SDC per ERU
$1,600
Special sewer SDC per ERU
 
      (1)   The Director of Public Service or Superintendent of Utilities may establish procedures for three tap-in fee extended payment programs enabling:
         (a)   Financially disadvantaged residents the option of placing the tap-in fee on their property tax duplicate, without interest, for a period not to exceed five years;
         (b)   Charitable agencies and public institutions the option of placing the tap-in fee on their property tax duplicate, without interest, for a period not to exceed five years; and
         (c)   Community development block grant (CDBG) recipients the option of placing the tap-in fee on their property tax duplicate, without interest, for a period not to exceed five years.
      (2)   All tap-in fees approved for the extended payment programs under division (B)(1) above shall be certified to the County Auditor as provided by law and placed on the tax list and duplicate, without interest, and collected as other taxes, payable in semi-annual installments for no more than five years for financially disadvantaged residents and charitable agencies and public institutions.
(Prior Code, § 1040.11) (Ord. 184-2004, passed 11-22-2004; Ord. 191-2004, passed 12-13-2004; Ord. 192-2004, passed 12-13-2004; Ord. 201-2010, passed 12-20-2010; Ord. 20-2018, passed 2-26-2018)
§ 1040.11 WATER AND SEWER RATES FOR USERS WITHIN JOINT ECONOMIC DEVELOPMENT ZONES BETWEEN CITY OF BARBERTON AND CITY OF NORTON.
   Rates to be charged for water furnished by and sewer service accepted by the Utilities Division for all consumers situated within the joint economic development zones designated in the consolidation agreement for joint economic development zones between the City of Barberton and the City of Norton are hereby established as follows:
   (A)   Until 4-1-2001, the Barberton rates as revised from time to time, plus a surcharge of 50% of those rates; and
   (B)   After 4-1-2001, the Barberton rates as revised from time to time, plus a surcharge of 22.5% of those rates.
(Prior Code, § 1040.12) (Ord. 48-1996, passed 4-18-1996)
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