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Payment of connection fees, by an owner of an existing residential structure, may be deferred.
A. Maximum Term: The term of a deferral and payment agreement under this section shall not exceed fifteen (15) years.
B. The difference between the recorded sewer connection fee credit and the total amount of connection fees owed will be a lien on the property and due upon sale. (1952 Code § 8-11-08.03; amd. Ord. 34-23, 8-29-2023)
In recognition of the unique impact of fermented beverage producers upon the City sewer system, the payment of connection fees for fermented beverage producers may be deferred.
A. Term: The term of a deferral and payment agreement under this section shall not exceed ten (10) years.
B. Financial Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance.
C. Additional Capacity: The owner or operator shall agree to provide the City information necessary to determine future capacity use and to pay connection fees for any additional capacity required by the fermented beverage producers. (Ord. 23-17, 7-18-2017; amd. Ord. 34-23, 8-29-2023; Ord. 27-24, 9-24-2024)
In recognition of the need to support development of affordable housing, the payment of connection fees for affordable housing units as defined herein may be deferred.
A. Qualifying Properties: Only those developments meeting the definition of an affordable housing project in section 10-2-2-1 of this chapter may qualify for this connection fee deferral.
B. Limitation on Deferral: Of the total connection fees imposed for an affordable housing project, only that portion of connection fees assessed for the affordable housing units may be deferred.
C. Term: The term of a deferral and payment agreement under this section shall not exceed seventeen (17) years.
D. Financial Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance.
E. Annual Report: For each year during the term of the agreement, due on or before the anniversary of the date the deferral and payment agreement was signed, the owner or operator shall submit a report to the department in the manner and form acceptable by the department, demonstrating that each dwelling unit for which fees were deferred continues to meet the definition of an affordable housing unit.
G. Prohibited Use; Default: During the term of the deferral and payment agreement, an owner or operator may not operate any of the affordable housing units as short-term rentals. An owner or operator will be deemed in default of the deferral and payment agreement if any of the following occur:
1. The owner or operator uses any of the dwelling units that were granted deferral as affordable housing units as short-term rentals; or
2. The owner or operator fails to submit the required annual report within thirty (30) days of the due date; or
3. Any of the dwelling units that were granted deferral as affordable housing units no longer meet the definition of an affordable housing unit.
H. Acceleration of Payments: Upon written default notice being given by the department to the owner or operator, the outstanding deferral amount shall be immediately due and payable in full, together will all interest due under the deferral and payment agreement. (Ord. 34-23, 8-29-2023)
Additional connection (equivalent assessment) fees imposed on an owner or operator of an existing structure pursuant to subsection 10-2-6-3 of this chapter may be deferred.
A. Term: The term of a deferral and payment agreement under this section shall not exceed the length of the term for other related deferrals for the property. (Ord. 23-17, 7-18-2017; amd. Ord. 34-23, 8-29-2023)
The requirement of individual physical connection may be waived by the Public Works Department if, under the particular circumstances of the case, compliance would impose undue hardship on the property owner. Waivers shall not be granted for subdivisions that are being proposed for platting where new roads and utilities must be constructed, or for more than one multi-family dwelling with separate ownership. In granting the waiver, the department may impose such reasonable conditions as it deems appropriate. Any application for waiver shall be submitted to the department in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. Connection to sewer may still be required by other City departments or public agencies. (1952 Code § 8-11-09.01)
A. Conditions: The Public Works Department may waive the connection requirements of section 10-2-4-3 of this chapter if the public health does not require immediate connection and the department finds any of the following:
1. Within five (5) years prior to the date upon which connection fees are due, the individual wastewater disposal system serving the building for which a connection waiver is sought, was installed or rebuilt in accordance with a permit issued by the Central District Health Department. If the individual wastewater disposal system was installed three (3) years or less from the date sewer connection fees are due, a waiver may be granted for a period not to exceed five (5) years from the date of installation. If the individual wastewater disposal system was installed more than three (3) years from the date sewer connection fees are due, a waiver may be granted for a period of up to two (2) years from the date such waiver is sought;
2. The single-family dwelling for which a connection waiver is sought is located on a parcel of land five (5) acres or more in size;
3. The owner of a building is experiencing financial hardship. Financial hardship shall be deemed to exist when an owner's annual family gross income is at or below the income level indicated for a family of similar size on the current "Moderate Income Guidelines" chart employed by the City in the administration of the Community Development Block Grant Program, and shall be verified by the previous year Federal Tax return; or
4. The owner of the property has prepaid connection fees prior to sewer being available in accordance with subsection 10-2-6-3G of this chapter.
B. Application: Application for the waiver must be made by the building owner, prior to the date connection fees are due, in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. (1952 Code § 8-11-09.02)
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