(A) Permit and fee. No connection shall be made to the city water or sanitary sewer system without a permit received from the City Administrator. The fee for the permit shall be set by City Council resolution. These fees shall be in addition to any fees required under divisions (B), (C), and (D) below, and as amended.
(B) Connection fees. When a connection requires installation of a service line from the main to the property, the applicant for a permit shall pay to the city an amount not less than the cost of making the necessary connection, taps, and installation of lines and appurtenances to provide service to the property and the necessary street repairs.
(C) Certification. No permit shall be issued to connect with any water or sanitary sewer main unless the applicant certifies to the truth of one of the following, or payment required under division (D) below is made:
(1) The lot or tract to be served has been assessed for the cost of construction of the main with which the connection is made, or that proceedings for levying the assessment have been, or will be, commenced in due course;
(2) The cost of construction of the main has been paid by the developer or builder platting the lot or tract; or
(3) If neither of divisions (C)(1) or (C)(2) above are true, a sum equal to the portion of the cost of constructing the main, which would be assessable against the lot or parcel, has been paid to the city.
(D) Additional connection fee. If no certificate can be issued, the applicant shall pay an additional connection fee equal to the portion of the cost of construction of the main attributable to the property upon the same basis as any assessment previously levied against other property for the main. The determination shall be made by the City Council. If no assessment has been levied, the assessable cost shall be determined upon the basis of the uniform charge which may have been, or will be, charged for similar connection with the main. The amount shall be determined on the basis of the total assessable cost of the main, allocated on the basis of frontage.
(E) Term of application. Applications for water access and sewer access are good for a period of one year from the application date, with no extensions. The water access charge (WAC) and the sewer access charge (SAC) are forfeited to the city if connection is not made within a year from the application date.
(F) Notice and hearing.
(1) Before the City Council makes a final determination of the additional connection fee under division (D) above, it shall submit a written notice to the applicant stating the amount of the proposed connection fee and the basis of its calculation. The notice shall also state that the applicant may, within ten days of receipt of the notice, demand a hearing on the matter. If the applicant requests a hearing within that time, a hearing shall be held on the matter by the City Council at least one week after the date on which the request is made.
(2) If, as a result of the hearing, the City Council finds that the proposed connection fee complies with the requirements of division (D) above, it shall so determine. If it determines that the proposed fee is in excess of the amount that would have been assessed had the property been assessed for the main, or is in excess of the increase in market value attributable to construction of the main, it shall make a determination of the proper amount of the fee within the limits specified in division (D) above.
(3) No connection shall be made without payment of the connection fee determined after the hearing, or determined after the expiration of ten days from receipt of the notice when there has been no request within that time for a hearing.
(Ord. 265, passed 5-4-2010)