(a) The water department shall be responsible for the collection, refund and maintenance of the water main capacity charge collected.
(b) A water main capacity charge shall be assessed each plat that meets the definition of "other development." A boundary area shall be determined for the purpose of assessment review. The boundary shall be used as a guideline, not as a definitive boundary for service area due to the possibility of varying lots sizes that may be proposed. If a plat meets the definition of "other development," then the plat will be assessed the per MDG charge even though the plat may be located adjacent to, within and/or outside the boundary area.
(c) To determine a boundary area, the assumption of one MGD serving 137 acres will be used. This assumption is based upon one acre containing four and three tenths units of houses. To calculate the boundary area, multiply the pipe capacity in MGD under § 35-92(c) by 137 acres. To convert the area to square footage, multiple the area by 43,560. Then, divide the total area in square footage by the total length of pipe extended in feet to determine the width of the boundary area in feet. To determine the distance on each side of the pipe, divide the width by two. Pressure plane boundaries, adjacent city limits, extra territorial jurisdictions, and CCN boundaries may be utilized to refine the proposed WMCC boundary area.
(d) The payment of the water main capacity charge assessed hereunder shall be paid prior to the filing of final plat.
(e) A four percent (4%) annual cost adjustment shall be added to each prescribed water main capacity charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
(f) A water main capacity charge will be assessed for a period of 20 years, commencing on the date that the city accepts the water main.
(g) Collections and reimbursements of a water main capacity charge will cease when the developer has been fully reimbursed or the time period for assessment of the water main capacity charge has lapsed, whichever occurs first.
(h) Reimbursement shall be made solely from the water main capacity charge collected by the city during the period that the water main capacity charge is assessed for the water service line connections and point of connections to the approach water main.
(i) Any assignment of the water main capacity charge must be approved by the water department director prior to the execution of the assignment.
(j) Existing community facilities agreements with mains, or other facilities, eligible for water main capacity charge collections will continue under the policy that was in effect at the time the agreement was executed.
(k) The reimbursement limit, together with the project number, date construction was completed, permanent record number of the water main, limits of portion of the water main upon which a water main capacity charge is collectible, and name of the entity entitled to the refund shall be documented by the city.
(l) Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from which water main capacity charges were paid to the city.
(m) It is the responsibility of the developer/landowner requesting the refund to prove their eligibility to receive the reimbursement due.
(n) In the event the developer/single customer property owner fails to request a reimbursement on a water main capacity charge within six months after the expiration of the eligibility to receive funds, such un-reimbursed charges shall become the property of the city.
(o) The amount of refund due to the developer each year shall be the assessed water main capacity charge collected that year multiplied by the "developer's development cost percentage." The remaining portion of the amount collected that year shall be retained by the city as an offset against the development cost incurred by the city.
(p) The city will recover the city development cost for city-initiated approach water main projects or city participation in a developer-initiated approach water main. The city's collection time will cease when city development cost has been fully reimbursed.
(Ord. 17623, § 2, passed 6-19-2007; Ord. 23708-06-2019, § 8, passed 6-25-2019; Ord. 26623-12-2023, § 4, passed 12-12-2023, eff. 1-1-2024)