WMU shall make a good faith effort to assure that all property owners within the watershed served by the project facilities whose property can be reasonably anticipated to be developed and served by the project facilities within the term of the proposed privilege fee agreement or declaration (herein “benefitted owners”) are included in the privilege fee agreement or declaration. Land in the 100-year floodplain shall not be included in the area of a privilege fee agreement. In making a determination whether a particular owner will be benefitted by the project facilities WMU shall consider the land use planning map and the urban planning area specified in the current Winchester-Clark County Comprehensive Plan as a guide. However, no privilege fee agreement or declaration shall be invalid solely for the failure to name all owners which might be benefitted or for a failure to include or reserve capacity for owners whose properties are included in a privilege fee agreement or declaration. All approved privilege fee agreements or declarations shall be recorded at the office of the County Clerk.
(Ord. 2009-2, passed 2-17-2009)