(a) This section applies to all properties adjoining or accessible to the 1994 water line distribution system which consists of water mains in the following locations: Cannon Road from an existing water main at a point approximately 170 feet easterly of Berkshire Park Drive to Solon Road, thence in Solon Road southwesterly to an existing water main located at a point approximately 175 feet southwesterly of the Village's southerly corporate line, in easements of the Village in a private street designated as Parkwood Circle from Cannon Road southerly and southwesterly approximately 1100 feet and in the cul-de-sac of that private street, in Chagrin River Road from an existing water main in Miles Road southerly to the Aurora Branch of the Chagrin River, from the Aurora Branch of the Chagrin River to an existing water main in Solon Road and from an existing water main at Holbrook Road southeasterly to the southerly corporation line of the Village, in easements of the Village in a private street designated as Overlook Road from Chagrin River Road northerly approximately 910 feet, and in Liberty Road from an existing water main at a point approximately 260 feet northerly of the southerly corporate line of the Village to an existing water main in Solon Road.
(b) Except for the owners of the assessed or voluntarily paid properties, paid or committed to be paid as of June 1, 1995, no owner of property or other person, corporation, partnership, association or other entity, or any agent, independent contractor, servant, lessee or tenant thereof, or occupant (hereinafter referred to as the "applicant"), shall tap into or cause to be tapped into the water main any residence or accessory structure, directly or indirectly, or receive a permit to build any structure, unless the applicant shall have first secured a permit for such purpose from the Village.
(c) The Village shall not issue a permit for the purpose described in subsection (b) hereof until the applicant for the permit shall have paid to the Village the cash amount of seven thousand and forty-five dollars ($7,045) (the final amount assessed per benefit), plus a cash amount for interest. The interest to be charged will be calculated at the annual rate of six percent times the assessed amount, times the period of time (in years, plus a fraction of a year to include month(s)) from the date of notice of the final assessment to the date of application for the permit. This is the tap-in fee. Only one fee need be paid for all approved buildings situated on a single building lot. The applicant is responsible for paying the cost of the installation of the lateral connection, which is a separate cost from the cost of the tap-in. The lateral connection extends from the main to the right-of-way and to the point of use.
(d) Should any properties described in subsection (a) hereof be divided in such a manner as to create new building lots, the fee set forth above shall be payable for each building lot, and each lot shall be connected to a main that is part of the original project or to a main that is to be connected to and is to be extended from a main that is a part of the original project.
(e) The Village Council shall have the exclusive authority to adjust the accumulated interest rate and/or permit fees for good cause shown and entered in the minutes of Council.
(f) The permit and fee specified herein shall be in addition to payment of the actual cost of connecting the property to the project or to an extension of any part of the project, and in addition to payment for extending the water main to any residence or accessory structure on the property, and in addition to payment of any other permit or fee required by any other ordinance or regulation of the Village, and in addition to payment of all fees to the Cleveland Water Division, and shall not preclude any deposit or bond required by any other ordinance or regulation to ensure that the connection to the project shall be made in such manner as will not injure the project and as will ensure that all streets, sidewalks and other property will be returned to the same state as before the connection was made.
(g) The fees collected by the Village from issuing the permits required by this chapter shall be delivered to the Treasurer as custodian of the funds of the Village and shall be credited by the Treasurer to the Water Fund, to be used as determined by Council for servicing, maintaining and/or replacing the subject water system.
(Ord. 1994-17. Passed 7-19-95.)