Loading...
(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)
The following terms, when used in this division, shall have the meanings respectively ascribed to them by this section:
APPROACH SEWER MAIN. The portion of a newly constructed public sewer main or force main from where it connects to an existing sewer main to the closest outer perimeter of a proposed development.
CITY-INITIATED SEWER INFRASTRUCTURE. Any sewer infrastructure constructed by the city, regardless of the size or length of the infrastructure constructed.
CITY PARTICIPATION. The portion of the construction cost that the city pays for or reimburses to a developer pursuant to the Community Facilities Agreements Ordinance, including the city's cost for over-sizing developer-initiated sewer infrastructure.
DEVELOPMENT COST.
(a) The costs incurred by the city related to a city-initiated sewer infrastructure project, or the city participation costs in a developer-initiated sewer infrastructure project, which costs are based upon the unit costs contained in the contracts awarded for the construction of the sewer infrastructure that are not paid for with impact fee funds, regardless of the final cost, and may include design and easement acquisition costs, including any costs and legal fees associated with condemnation of easements; or
(b) The cost incurred by a developer related to the construction of a developer-initiated approach sewer main based solely on the cost of the contracts awarded for the construction of such sewer main, without regard to the final cost, and may include design and reasonable easement acquisition costs, but excludes any legal and real estate agent fees and other condemnation expenses.
DEVELOPER-INITIATED SEWER INFRASTRUCTURE. Any approach sewer main constructed by a developer, with or without cost participation, regardless of the length and size of the pipe.
DEVELOPER'S DEVELOPMENT COST PERCENTAGE. The development cost incurred by the developer divided by the entire cost of the project excluding the developer's legal, real estate agent fees, and other condemnation expenses, expressed as a percentage.
FRONTAGE MAIN. The portion of a public sanitary sewer main or force main located on land abutting a street, stream, drainage channel, or water body, or the portion of a public sanitary sewer main or force main located within a property boundary.
OTHER DEVELOPMENT. A property that is developing, redeveloping, going through a change of use, or previously on a septic system or other sewer system, that connects directly or indirectly to sewer infrastructure for which a sewer capacity charge has been established.
PEAK DISCHARGE RATE. The peak discharge rate contained in the sewer study or loading analysis approved by the city.
PROPOSED DEVELOPMENT. A property for which sanitary sewer service is being requested that requires the construction of developer-initiated sewer infrastructure.
SEWER CAPACITY CHARGE. A pro rata charge based on one million gallons per day (MGD) of sewer capacity.
SEWER INFRASTRUCTURE. An approach sewer main, frontage main, public sewer main or force main crossing a property boundary, or a public lift station, constructed by the city, or a developer, that is not included in the city's most recently adopted water and wastewater impact fee study.
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
The city council shall adopt an ordinance to create each sewer capacity charge authorized by this division. Nothing contained herein requires the city council to adopt such an ordinance, such adoption being in the sole discretion of the city council. Sewer infrastructure that is the subject of a community facilities agreement that has been fully executed at the time this division is adopted, or sewer infrastructure for which a sewer per acre charge has been established, shall not be eligible for a sewer capacity charge.
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
Assumptions used to calculate sewer peak discharge rate are based on the wastewater loading criteria and peaking factors in the "Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure." If alternative loading criteria will be used, or the type of use is not listed in the "Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure," the developer shall provide source information to the city for approval.
If the peak discharge rate is not within the "Requested Meter's Flow Range (gpm)" in the following table, or if there is no sewer study or loading analysis approved by the city, the peak discharge rate shall be the maximum limit of the "Requested Meter's Flow Range (gpm)" in the following table:
Sensus Omni Meter Types | Meter Size | Requested Meter's Flow Range (gpm) |
Sensus Omni Meter Types | Meter Size | Requested Meter's Flow Range (gpm) |
SRII | 5/8" x 3/4" | <20 |
SRII | 1 | 10-50 |
C2 Compound | 1.5 | 21 -50 |
C2 Compound | 2 | 40-200 |
C2 Compound | 3 | 155 - 500 |
C2 Compound or F2 | 4 | 425 - 1000 |
C2 Compound or F2 | 6 | 900 - 2000 |
T2 Turbo | 1.5 | <200 |
T2 Turbo | 2 | 40 - 250 |
T2 Turbo | 3 | 155 - 650 |
T2 Turbo | 4 | 425 - 1250 |
T2 Turbo | 6 | 900 - 2500 |
SRII = Single Family, Small Commercial
C2 Compound - Commercial, Multi-Commercial, Industrial, and Irrigation
T2 Turbo = Commercial Heavy User, Industrial, Heavy User, and Irrigation
F2= Combined Domestic with Fire Protection
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
Loading...