A. No connection with a water main shall be made prior to payment of the water connection tap-on fee, issuance of a permit and twenty four (24) hours' notice having been given to the Village Building Department. All such connections shall be made under the supervision of said Village Building Department and no connection shall be covered until the work has been inspected by the Village Building Department.
B. Any connection or opening made with the water system without such permit or in any manner different from the mode described for such opening or connection shall subject the maker to a penalty of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), and to an additional penalty of not less than fifty dollars ($50.00) for each day such opening or connection shall remain without such permit.
C. 1. All new public water users connecting to the Village water system (IL 0975780 or IL 0970200) shall pay a water connection tap-on fee of two thousand nine hundred dollars ($2,900.00) per residential customer equivalent. This fee is intended to reimburse the Village for a portion of the water system previously created by the Village with which the user now seeks to connect. If water service to a property has been disconnected either because of nonpayment of user fees or at the request of the owner of the property, and a subsequent owner of the property requests reconnection, then such subsequent owner shall be considered to be a new public water user under this section and a new connection fee shall be required.
2. Each residential dwelling unit shall be considered to be one residential customer equivalent, whether it be in a single-family building or in a building with multiple dwelling units. (Ord. 2010-02, 1-26-2010)
3. For purposes of establishing the water connection fee for commercial buildings, the residential customer equivalent of commercial buildings shall be determined by a mathematical formula (Coef x GPD per capita)/250 = RCE, using the schedule contained in subsection 7-3-6C of this title and utilizing the assumption that average daily water use is equivalent to average daily sewer load; provided, however, that water connection tap-on fees shall be assessed at two thousand nine hundred dollars ($2,900.00) for the first estimated RCE and one thousand dollars ($1,000.00) for each RCE or part thereof thereafter (with a minimum fee of $2,900.00). If the initial use is unknown at the time of connection or if the initial use is not contained on said schedule, then the residential customer equivalent shall be estimated by the Village Engineer or his or her designee by using a coefficient of 0.1 per square foot of space and applying the above formula. In the event that the actual first use of all or a portion of a multi-unit commercial building is such that a greater connection fee than estimated is warranted, then the increased connection fee amount shall be paid prior to a business license being issued for such first actual use. (Ord. 2010-02, 1-26-2010; amd. Ord. 2013-20, 9-24-2013; Ord. 2014-01, 1-28-2014)
4. For purposes of establishing the water connection fee for industrial buildings, the industrial connection fee will be determined by the Village Engineer or his or her designee by estimating the water usage for a specific industrial use converted to residential customer equivalents based on two hundred fifty (250) gallons per day per residential customer equivalent. (Ord. 2010-02, 1-26-2010)
5. For any commercial or industrial user whose water usage materially exceeds the usage represented in an application for sewer connection, such commercial or industrial user shall be required to pay a supplemental connection fee based on average actual water usage. No refunds of portions of connection fees shall be made if actual use is less than the usage upon which the connection fee was based. (Ord. 2010-02, 1-26-2010; amd. Ord. 2014-01, 1-28-2014)
6. In addition to said water connection fee, there shall be charged a meter installation and inspection fee of one hundred dollars ($100.00) for each service installation. (Ord. 2014-01, 1-28-2014)
7. In the discretion of the Village, connections to the Village's water system may be made by users lying outside the limits of the Village but no such connections shall be made unless the user agrees in writing to be bound by the Village's ordinances on water, a suitable user fee is paid by the user, the above connection fees are paid by the user, and all costs of connection including charges of the Village Engineer or his or her designee and upgrades to the Village's system needed to accommodate the new user are paid for by the user. (Ord. 2010-02, 1-26-2010)
8. In instances where an existing water user requires additional capacity, a new connection may be made to the Village's water system for a larger service line or a fire suppression system and the fee structure for such connections shall be according to the following chart:
2" tap or less | $ 650.00 |
3" tap or less | 850.00 |
4" tap or less | 1,000.00 |
Greater than 4" tap | 1,400.00 |
All other provisions of this section shall apply to such connections in addition to the above connection fee chart. (Ord. 2018-15, 4-24-2018)
D. The owner of property to whom the Village's water facilities become available by extension of the Village's water mains, and who has an economic hardship, may elect to pay the connection fee in installments under the following provisions of this subsection D: (Ord. 2010-02, 1-26-2010; amd. Ord. 2014-01, 1-28-2014)
1. Within sixty (60) days after notice that the Village's water facilities have become available to such owner, such owner shall request in writing that such owner be permitted to pay the water connection fee in installments.
2. Such request shall be made on a form provided by the Village, shall be signed by all owners of record of the property in question, and shall be accompanied by the following:
a. Copy of most recent title policy or deed for the property showing owners of record;
b. Copy of most recent tax bills for the property;
c. Nonrefundable deposit in the amount of one hundred fifty dollars ($150.00) to cover the cost of a tract search on the property; and
d. Statement of the reason for the request to pay the connection fee in installments due to an economic hardship. (Ord. 2010-02, 1-26-2010)
3. The Finance Director shall reject or approve such request within thirty (30) days after receipt of the request of such owner, and if rejected, the Finance Director shall specify the reason for rejection. Reasons for rejection may include the following items: lack of creditworthiness of such owner; failure to demonstrate an economic hardship; noncompliance with other Village ordinances; and any other criteria reasonably considered by the Village. (Ord. 2017-01, 1-10-2017)
4. If the request of such owner is approved, then such owner shall, within fourteen (14) days after approval, sign the appropriate promissory note and lien document on forms provided by the Village and deliver them to the Village Clerk.
5. Within sixty (60) days after delivery of the promissory note and lien document to the Village, such owner shall furnish evidence that connection to the Village main has been accomplished in accordance with the terms of this subsection D. (Ord. 2010-02, 1-26-2010)
6. Postponement of payment shall be for no more than sixty (60) months, and regular equal monthly payments must be made. In addition, the promissory note and lien document shall provide:
a. For a default rate of three percent (3%) per annum on all amounts due after default;
b. For nonpayment or failure to pay user fees to be a default;
c. For foreclosure as in foreclosure of mortgages in the event of a default which is uncured for more than thirty (30) days; and
d. That amounts past due may be added by the Village to the owner's water user bill, and upon nonpayment, the owner's water service may be terminated pursuant to the terms of this chapter.
E. Payment of connection fees may be deferred in the discretion of the Village Board when such deferral may assist in development of property which may otherwise remain undeveloped or underutilized. The following provisions shall apply to such deferral:
1. Application for deferral shall be signed by all owners of the property and by the proposed developer of the property and shall indicate the proposed deferral period and the reasons therefor. Such application shall also include:
a. Copy of current title policy or commitment for the property showing owners of record;
b. Copy of most recent tax bills for the property; and
c. Nonrefundable deposit in the amount of five hundred dollars ($500.00) to cover the cost of staff review of the application.
2. Deferral requested may be either:
a. Delay in payment for a fixed period of time not to exceed thirty six (36) months after issuance of building permits; or
b. Payment of the required connection fees in installments over a period not to exceed sixty (60) months after issuance of building permits; provided that:
(1) Security for one hundred five percent (105%) of the total connection fee shall be provided for any deferral prior to issuance of building permits in the form of cash, a letter of credit or surety bond, acceptable to the Village Attorney;
(2) For deferral for a fixed period of time, interest shall be payable on the deferred amount at the Federal funds rate or three percent (3%) per annum, whichever is higher, from the date of building permit issuance to the date of payment in full;
(3) For deferral and payment in installments, interest shall be payable on the unpaid balance from time to time at the Federal funds rate or three percent (3%) per annum, whichever is higher, and regular equal monthly payments shall be required in an amount based on amortization of the connection fee amount for the term requested, but not to exceed sixty (60) months;
(4) Deferral shall only be permitted for commercial or industrial development, or multi-family real estate development of more than forty (40) units; and
(5) Building permits must be issued within six (6) months after approval of the deferral.
3. The Village Board shall approve or reject an application within thirty (30) days after receipt of the complete application. If no action is taken within that time, the application shall be deemed to be rejected. Approval or rejection is within the sound discretion of the Village Board and may be based on factors the Village Board deems to be relevant, including, but not limited to: benefit of the development to the Village; effect of the development on the Village's water system; conformity of the development with the Village's Comprehensive Plan and other ordinances; and impact of the development on surrounding properties.
4. If the application is approved, then prior to issuance of building permits for the development, the owner of the property shall sign an appropriate promissory note and recordable lien document on forms provided by the Village. Such promissory note and lien document shall provide:
a. For a default rate of three percent (3%) per annum greater than the applicable interest rate;
b. For nonpayment or failure to pay user fees to be a default;
c. For acceleration of the entire balance due after default and foreclosure as in foreclosure of mortgages in the event of a default which is uncured for more than thirty (30) days;
d. For subordination of the lien document to a mortgage required for development of the property, if said subordination is deemed appropriate by the Village; (Ord. 2014-01, 1-28-2014)
e. For such other provisions as the Village Board requires in order to consent to the deferral. (Ord. 2017-49, 10-24-2017; amd. Ord. 2021-30, 12-14-2021)