(a) As used in this section, the following terms shall have the following meanings:
(1) “Equivalent Unit” means the amount in dollars as of the date of calculation and payment, or provisions for payment, of the tap-in fee as such amount is calculated based upon a formula equal to a per Equivalent Unit cost of four thousand eight hundred ninety-one dollars and fifty-three cents ($4,891.53), plus accrued interest at the rate of 2.866% calculated semi-annually effective April 2 and October 2 of each year commencing from 1993 to the date of payment.
(2) “Miles Road Sanitary Sewer-Phase I” means that certain sanitary sewer constructed pursuant to the order of the Common Pleas Court of Cuyahoga County, Ohio in Case No. 887179, Miles Land Company v. Orange Village et al. (the "Miles Case"), that runs (i) westerly along the southerly side of Miles Road beginning approximately 28 feet west of the center line of Harper Road to the western boundary of Orange Village and (ii) northerly along the westerly side of Brainard Road beginning at the southerly side of Miles Road (where it intersects with that sanitary sewer described in the immediately preceding phrase (iii) and extending northerly along Brainard Road for a distance of approximately 1,500 feet north of the center line of Miles Road.
(3) “Pump Station Unit” means the amount in dollars as of the date of calculation and payment, or provisions for payment, of the tap-in fee as such amount is calculated based upon a formula equal to a per Pump Station Unit cost of one thousand five hundred twenty dollars ($1,520.00), plus accrued interest at the rate of 2.866% calculated semi-annually effective April 2 and October 2 of each year commencing from 1993 to the date of payment.
(Ord. 2019-15. Passed 5-8-19.)
(b) Before any property can be connected to the Miles Road Sanitary Sewer-Phase I, or, alternatively, when a parcel of property for which a tap-in fee has already been paid under this section is put to a new and more intensive use, payment of a tap-in fee, or, if applicable, provision for payment of a tap-in fee in accordance with subsections (c), (d) and (e) hereof, shall be made to Orange Village based on the following schedule and may be made to Orange Village any time prior to the application for a permit to connect to the Miles Road Sanitary Sewer-Phase I:
(1) For property along Miles Road and/or Brainard Road in a U-1 Single- Family Dwelling District:
A. Whose use is as a single-family dwelling, the sum of:
1. One (1) Equivalent Unit plus
2. The Product of one (1) Pump Station Unit multiplied by the number of acres (rounded down to the nearest whole number if such number is greater than one) in the subject property; and
B. Whose use is as a public park and playground, library, church and house of worship, school, water tower and/or reservoir the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council; and
C. Whose use is as a farm, noncommercial greenhouse, nursery and truck garden the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council; and
D. Whose use is as a country club and golf course the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council; and
E. Whose use is as a community center and Village Hall the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council.
(2) For property not abutting Miles Road or Brainard Road in a U-1A Single- Family Housing District:
A. Consisting of property within the Orange Hill Estates Subdivision No. 1, $81,900 (which amount is based upon a fee of nine hundred dollars ($900.00) per lot as ordered by the Court of Common Pleas of Cuyahoga County, Ohio in the Miles Case); and
B. Consisting of property not included under the immediately preceding subsection A. whose use is as a single-family dwelling within a subdivision platted pursuant to the provisions of Chapter 1150 of the Zoning Code of the Village, the product of one (1) Pump Station Unit multiplied by the greater of:
1. The number of acres (rounded down to the nearest whole number if such number is greater than one) in the subject property; or
2. The number of buildable lots in the subject property; and
C. Whose use is as other than as provided in the immediately preceding subsections A. and B. and is a use permitted in a U-1 District the amount determined for such use under subsections (1)A. through (1)E. hereof, as applicable based upon the use; and
D. Whose use is as land, open space and a facility for recreational use owned by a duly constituted home owners’ association the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council.
(3) For property in a U-2 Attached Single-Family Home District, the product of one (1) Pump Station Unit multiplied by the number of condominium units on, and/or to be located on, the subject property.
(4) For property in a U-4 Local Retail Business District and property in a U-5 Limited Storage and Light Manufacturing District, the sum of:
A. The product of (1) one (1) Equivalent Unit multiplied by (2) the product (rounded down to the nearest whole number if such number is greater than one) of the number of acres in the subject property times 3.75 plus
B. The product of (1) one (1) Pump Station Unit multiplied by (2) the product (rounded down to the nearest whole number if such number is greater than one) of the number of acres in the subject property times 3.75.
(5) For property in a S-1 Special Residential District:
A. Whose use is the same as permitted in a U-1 Single-Family Dwelling District, the tap-in fee shall be calculated as provided in subsection (1)A. through (1)E. hereof, as applicable based upon the use; and
B. Whose use is the same as permitted in a U-1A Single-Family Housing District, the tap-in fee shall be calculated as provided in subsection (2)A. through (2)D. hereof, as applicable based upon the use; and
C. Whose use is the same as permitted in a U-2 Attached Single-Family Home District, the tap-in fee shall be calculated as provided in subsection (3) hereof; and
D. Whose use is the same as permitted in a U-3 Senior Citizen District the amount that, based upon the cost of the Miles Road Sanitary Sewer-Phase I and the land use and benefit to the property after review of the plans and specifications approved by the Village in connection with the development of the property for such use, shall be fixed in an ordinance passed by the Village Council.
(6) For property in a S-1A Special Residential, Retail, Office District:
A. Whose use is the same as permitted in a U-2 Attached Single-Family Home District, the tap-in fee shall be calculated as provided in subsection (3) hereof; and
B. Whose use is the same as permitted in a U-3 Senior Citizen District, the tap-in fee shall be calculated as provided in subsection (5)D. hereof.
(Ord. 1993-37. Passed 7-14-93.)
(Ord. 1993-37. Passed 7-14-93.)
(c) Notwithstanding the provisions of the immediately preceding subsection (b) hereof, the tap-in fee (except the tap-in fee imposed under subsection (b)(2)A.), upon compliance by the owner of the property subject to the tap-in fee with the provisions of the immediately succeeding subsections (d) and (e), may be paid by such owner over a period ending not later than the earliest of:
(1) A date that does not exceed 120 months from the date of the first payment;
(2) August 1, 2015; or
(3) The date of sale of the property upon which such tap-in fee is imposed, as agreed to by such property owner in the promissory note signed by such property owner pursuant to the immediately succeeding subsection (d) hereof.
(d) A property owner that desires to pay the tap-in fee imposed by this section in installments over a period of months may pay such tap-in fee in installments if such property owner:
(1) Pays ten percent (10%) of the total tap-in fee at the time of such owner signs the promissory note hereinafter described;
(2) Executes a promissory note to Orange Village, the form of which promissory note shall be approved by the Village Law Director; and
(3) Complies with the provisions of the immediately succeeding subsection (e).
Such promissory note shall include, without limitation:
(1) A provision requiring the payment of the balance of the tap-in fee over a period ending not later than the earliest of:
A. A date that does not exceed 120 months from the date of the first payment; or
B. August 1, 2015, in substantially equal installments payable each February 1 and August 1, commencing no later than the February 1, or August 1 that first occurs on or after the date which is six months after the date that the promissory note is signed, and continuing through the date of the final installment due under the promissory note, as the property owner may request;
(2) A provision that such promissory note shall be immediately due and payable upon the sale of the property upon which such tap-in fee is imposed; and
(3) A provision that the promissory note is secured by a mortgage on the property subject to the tap-in fee.
(Ord. 2003-36. Passed 3-10-04.)
(e) A property owner that desires to pay the tap-in fee imposed by this section in installments over a period of months may pay such tap-in fee in installments if such property owner, in addition to complying with the provisions of subsection (d) hereof, grants to Orange Village a good and sufficient mortgage, the form of which mortgage shall be approved by the Village Law Director, on the property subject to such tap-in fee to secure the amount payable under the promissory note executed and delivered pursuant to subsection (d) hereof.
(Ord. 1993-12. Passed 3-10-93.)