§ 154.067 EQUALIZATION CONTRIBUTION TO PREEXISTING MUNICIPAL UTILITY IMPROVEMENTS.
   Where the property comprising said subdivision or development has not contributed to the cost of installation of the public water system, or the public sewer system, the facilities of which are to be used by said development, the subdivider or developer shall pay a fee or fees, for the respective connections to said public water system and public sewer system or any extensions of said systems fee shall be as follows:
   (A)   For connecting to the existing water mains as aforesaid, or any extensions thereof, an amount equivalent to $50 multiplied by the number of housing units within the subdivision or land to be served.
   (B)   For connecting to the existing sewer trunk lines and sewer system as aforesaid or any extensions thereof, an amount equivalent to $50 multiplied by the number of housing units within the subdivision or land to be served.
   (C)   The amount so payable shall be paid at the time when any subdivision or development is approved and accepted by the Village Board. If said subdivision or development is already approved and accepted by the Village Board, then said amount shall be paid on or prior to making the respective connection to the existing municipal water system, or existing municipal sewer system, or any extensions of said respective systems.
   (D)   (1)   The amount so due and payable shall not affect or impair the liability of any person or applicant to pay for inspection, license, permit or service fees which are or may become due to the village by reason of any law or ordinance heretofore or hereafter adopted by the Village Board but said amount so due shall be considered and be a charge for the privilege of using the existing sewer and water systems installed throughout the village towards the cost of which said person or applicant or the land to be served have not heretofore made any contribution.
      (2)   In addition to the foregoing, the Village Board may adopt ordinances providing for the recapture of costs expended by a developer for public improvements. Said recapture ordinances are intended to compensate a developer or property owner who has installed a public improvement of a size and character greater than that required to serve the original development in order that future development may utilize such facilities. Such ordinances, when adopted, shall provide for a fair and equal distribution of the additional costs of said improvements beyond that otherwise borne by the developer and shall further provide for the payment of subsequent developers of their fair and proportionate share of the cost of said improvements upon utilization of said improvements.
      (3)   The recapture payments provided by such ordinances shall be paid to the village for the use and benefit of the original developer or designated successor. Said recapture ordinances shall further provide for a reasonable rate of interest as determined by the Village Board unless all parties to the ordinance, including the original developer and the landowners to be benefitted, shall agree to waive said interest. Said interest shall be calculated at the rate determined by the Village Board.
(Ord. 7-42, passed 6-20-07)