A "connection fee" shall be assessed for each new connection to the city sanitary sewer system. The charge shall be made in all instances regardless of whether the connection is to an existing city sanitary sewer or is to a permitted extension of the sanitary sewer system. Connection fees shall be calculated, assessed and collected as follows.
(A) Commencing on January 9, 2006, the connection fee for the sanitary sewer connection of a single-family dwelling (hereinafter an "equivalent dwelling unit" or "EDU") located within the corporate city limits shall be $1,650.
(B) Commencing on January 6, 2006, the connection fee for the sanitary sewer connection of a single-family dwelling or other EDU located outside of the corporate city limits shall be $3,000.
(C) (1) In the event that a sanitary sewer connection is made from any multi-family residential, recreational, hospital, school, commercial, industrial or other non-residential structure, the applicable connection fee shall be calculated on a per-EDU basis based on:
(a) The then applicable rate under either division (A) or (B) above; and
(b) The estimated flow in gallons per day from the structure in accordance with the provisions of 327 I.A.C. 3-6-11.
(2) It shall be assumed that one EDU equals 310 gallons per day. In the event that the connection fee calculation for a particular user results in a fraction of an EDU, the connection fee shall be rounded to the nearest whole EDU number, with a fraction of less than one-half being rounded down, and a fraction of one-half or greater being rounded up. However, in no event shall a connection be permitted with payment of a connection fee for less than one EDU.
(3) If an applicant for a connection hereunder proposes a multi-use facility such as a mall, office complex, or any other commercial facility which may house multiple commercial entities, the categories of which may change from time to time, the applicant for the connection shall, with a reasonable degree of certainty, identify the specific use for each individual office, store, or other commercial space within the facility, and charges for the permit shall be based upon the collective anticipated uses of the offices, stores or other commercial space within the facility. Should tenant changes occur, from time to time, in which the new tenant’s type of business or commercial activity is significantly different form that of the previous tenant, the applicant or owner of the multi-use facility is required to report the changes to the city’s Utility Billing Office. The Sewer Board reserves the right to inspect and verify the actual uses of the offices, stores, or other commercial entities. The Sewer Board also reserves the right to assess additional connection charges based upon the actual category of business or other commercial activity being conducted on such property at any given time.
(D) All connection fees shall be due and payable prior to connection to the sanitary sewer system. If the connection fee established by this section is not paid as required, a penalty in the amount of three times the applicable connection fee may be assessed by the Sewer Board, and the unpaid fee shall constitute a lien on the subject property pursuant to the provisions of I.C. 36-9-23-29 that may be enforced in the manner prescribed by I.C. 36-9-23-34.
(E) In the event that an existing sanitary sewer connection is proposed to be utilized by the owner to provide service to a new and/or improved structure on any particular parcel of property, the Sewer Board shall have the authority to waive the requirement that a connection fee be paid for the parcel; provided that, the connection satisfactorily passes any inspection required by the Sewer Board, and/or that the owner implements any repairs to the connection required by the Sewer Board based on the inspection, including without limitation, the installation of clean-outs as required by § 51.059. In the event that it is determined that the existing connection is deficient and cannot feasibly be repaired to the satisfaction of the Sewer Board, a new sanitary sewer connection, with payment of the applicable connection charge, shall be required.
(F) The proceeds of the connection fees collected under this section may be used at the discretion of the Sewer Board as:
(1) Net revenues of the sewage works;
(2) Payment toward the cost of construction of the sewage works; or
(3) Payment towards the cost of improving the sewage works in the future.
(G) The connection fees established and set by this section shall be in addition to any inspection, drainage or other fees established by separate ordinance.
(H) This Council shall review the amount of the connection fees established by this section from time to time as recommended by the Sewer Board, or otherwise on an annual basis. This Council shall amend the amount of the connection fees established by this section by an amending ordinance as deemed appropriate following the recommendation and/or review.
(Ord. G-06-01, passed 1-9-2006; Ord. G-09-01, passed 1-5-2009)