(a) As used in this chapter, "benefit unit" represents a building or other structure which is connected to the water and/or sanitary sewer system(s) of the aforesaid service area and which has an average daily design flow from such building or structure to the system of 400 gallons per day, or the equivalent thereof as determined by the Development Engineer; a single-family residential unit is hereby determined to represent one benefit unit. All other flows shall be determined by the Development Engineer or Service Director as follows:
(1) From the Ohio Administrative Code Section 3745-42-05 Design flow requirements, or
(2) From historical data of design flow of similar buildings or structures, or
(3) From data published by manufacturers of the sanitary sewer and/or water facilities to be utilized within the subject buildings or structures, or
(4) By other method approved by Service Director.
(b) The number of benefit units assigned to the premises for which a connection permit is requested shall be determined as follows:
(1) Each single-family residential unit shall be assigned one benefit unit.
(2) A multifamily residential or nonresidential building, structure or other facility shall be assigned such number of benefit units or proportions thereof to the nearest one-tenth as is arrived at by dividing the average daily flow of water and/or sewerage to or from the structure to be served by 400. The Development Engineer shall determine such average daily flow by applying the appropriate average daily design flow standard. The design flow standards are set forth in subparagraph (a) (1), (2), (3) and (4) hereof.
(3) No building structure or facility shall have a benefit unit of less than one.
(c) The Development Engineer shall review the preliminary plans of the building, structure or other facility, together with other pertinent information and based upon accepted methods provided for in subparagraph (a)(1), (2) or (3), shall determine the anticipated daily quantity of water supplied to and/or sewage to be discharged from such building, structure or other facility to the sanitary sewer system. This quantity divided by 400, shall be the number of benefit units assigned. The determination of the amount of the utilization charge to be assessed shall be made after giving notice and opportunity for a hearing to the person or entity to be assessed. If the Development Engineer and the person/entity to be assessed cannot agree upon any appropriate utilization charge to be assessed at said hearing, the Development Engineer shall assess the utilization fee as follows:
(1) One-half of the utilization charge suggested by the Development Engineer, or the utilization charge suggested by the person/entity to be assessed, whichever charge is greater.
(2) Assuming there is no change in the building or structure involved, the Development Engineer may, upon the third anniversary of the assessment of the utilization charge assessed under the procedure set forth in subsection (c)(1) hereof, review the actual average flow of the sanitary sewer/water facilities for the previous calendar year and make necessary adjustments to the utilization charge in order to equal said actual average flow.
(3) If the adjustment authorized in subsection (c)(2) hereof results in an additional utilization charge, the Development Engineer shall notify the person/entity of same and demand payment within thirty (30) days. If the additional utilization charge is not paid within the thirty-day period, the Development Engineer shall request the Law Director to take necessary action to collect said amount in a manner as authorized by law.
(4) If the adjustment authorized in subsection (c)(2) hereof results in a reduction in the utilization charge originally made, the Development Engineer shall notify the Director of Budget and Finance of same and the Director of Budget and Finance shall, within thirty (30) days reimburse the person/entity assessed for said overpayment.
(5) In the event that the Development Engineer and the person/entity to be assessed can not agree to the utilization fee as provided for in 919.02(c)(1), (2), (3) or (4) and the person/entity to be assessed can demonstrate to the satisfaction of the Service Director that their estimated usage shall exceed 50,000 gallons per day then the Service Director shall review said disagreement based on the following:
A. The Service Director may provide relief to large volume users based on analysis completed by the Service Director which may reduce the calculated utilization fees but in no case shall the Service Director reduce utilization fees below 10 benefit units.
The Service Director shall consider the water and sewer design flow and the sewage waste strength to be discharged. The waste strength shall be based on the existing and proposed services at the facility, and the justification for the proposed design flow and the proposed waste strength shall be submitted with supporting documentation by the person/entity to be assessed. In addition, the Service Director may also consider additional relevant engineering data, including flow monitoring data, computer flow modeling data, flow equalization facilities, potential impacts to upstream sewers, potential impacts to downstream sewers, peak flow versus average flow and sampling data for waste strength and flow characterization.
B. The Service Director may provide an extended payment plan up to ten years and/or a reduction in utilization fee amount over time as deemed necessary and appropriate, to provide relief to large volume users considering the person/entity’s additional future user revenue to be experienced to offset future operational rate increases of all users of the system.
C. The Service Director shall report his findings to the City Manager and Budget and Finance Director for review and concurrence with the Service Director’s analysis and findings. Upon review and concurrence by the City Manager and Budget and Finance Director the Service Director findings shall be reported to Kent City Council.
(Ord. 2011-23. Passed 4-20-11.)