925.10  IMPOSITION OF CAPACITY BENEFIT PERMIT.
   (a)   No permit shall be issued for a development in a designated development subarea as herein defined unless the Capacity Benefit Permit is imposed and calculated pursuant to this chapter; and payment thereof shall be included as a standard condition of municipal approval for any Planned Unit Development, subdivision, or other site development approval.
   (b)   Capacity Benefit Permits shall not exceed the cost of providing capital improvements for which the need is reasonably attributable to those developments that pay the Capacity Benefit Permit.  The funds shall be spent on new or enlarged capital improvements that reasonably benefit those developments that pay the Capacity Benefit Permits.
   (c)   Notwithstanding other provisions of this chapter, Capacity Benefit Permits also may include a proportionate assessment for the cost of existing capital improvements serving new development.  To determine an equitable assessment for such existing capital facilities and infrastructure, the following factors shall be considered:
      (1)   The need for new facilities to serve new development based on a capital improvements plan that shows:
         A.   Any deficiencies in existing facilities that serve existing development and the means by which existing development will be assessed and assessments used to make up such deficiencies; and
         B.   Any capital improvements that are attributable to the demands placed on specified facilities by new development;
      (2)   The need for Capacity Benefit Permits funds considering the availability of other means to fund capital improvements including, but not limited to, user charges, taxes, intergovernmental transfers and other revenue, and special taxation or assessment districts;
      (3)   The cost of existing capital improvements;
      (4)   The method by which the existing capital improvements were financed;
      (5)   The extent to which developments paying the Capacity Benefit Permit already have contributed to the cost of the existing facility and the credit against Capacity Benefit Permits that may be due therefrom;
      (6)   The extent to which new development will contribute to the cost of the existing facility in the future (i.e., user fees, debt payments, or proportion of future taxes reasonably expected to be used for future capital costs) and the credit against Capacity Benefit Permits that may be due therefrom;
      (7)   The extent to which new development is required as a condition of approval to construct facilities that substantially benefit other development an the credit against Capacity Benefit Permits that may be due therefrom; and
      (8)   The time-price differential inherent in comparisons of amounts paid and benefits received at different times and the credit against or reduction in Capacity Benefit Permits that may be due therefrom.
   (d)   That portion of Capacity Benefit Permit revenues reasonably attributable to the equitable assessment described in subsection (f) of this section may be spent on new or enlarged capital improvements that will reasonably benefit anticipated future development rather than those developments that have paid for Capacity Benefit Permits.
   (e)   Capacity Benefit Permits that are assessed against new development shall be assessed in such a manner that any new development having the same impacts on capital facilities shall be assessed the same Capacity Benefit Permit.
   (f)   In order to minimize the effect of Capacity Benefit Permits funds on the cost of new development, the following mechanism, or one achieving the same effect, may be used, at the sole discretion of Council, to delay payment of Capacity Benefit Permits for construction of buildings against which fees are to be assessed.
      (1)   The fee shall be assessed against the parcel of real property on which the building is to be sited.  A notice of the Permit, including the amount owed, shall be recorded in the appropriate real property title records.
      (2)   The Wastewater Treatment Plant Capacity Benefit Permit assessment shall become due and payable at the time the normal sanitary sewer tap-in fee is paid for the subject building. 
(Ord. 2415.  Passed 8-15-95.)