§ 51.86  WATER IMPACT FEES.
   (A)   Actual and maximum impact fee rates.
      (1)   The actual impact fee rate charged by the city for each category of capital improvements is set as follows:
         (a)   One-inch meter: $3,938.95.
         (b)   Two-inch meter: $15,755.82.
      (2)   The maximum water impact fee rate allowed by state law for capital improvements is calculated in the Capital Improvements Plan to be as follows:
         (a)   Single Family Residential 1-inch meter (living unit equivalent: 1) : $3,938.95.
         (b)   Single Family Residential 2-inch meter (living unit equivalent: 4) : $15,755.82.
   (B)   Determination of impact fee rates.
      (1)   The impact fee rates will be those in effect at the time an application for a building permit, plumbing permit, or utility connection is submitted to the city, except as provided in division (2) below.
      (2)   For development on property platted or replatted after the original effective date of this subchapter, the impact fee rates will be those in effect at the time the plat or replat of the property was recorded. The applicant for a building or plumbing permit shall submit evidence of the date of plat or replat recording with the application for a building or plumbing permit.
   (C)   Refunds.
      (1)   At the written request of an owner of the property on which an impact fee has been paid, the political subdivision shall refund all or part of the impact fee, together with interest calculated from the date of collection to the date of refund, if any of the following apply:
         (a)   Existing facilities are available to serve the development and service is denied for any reason;
         (b)   Existing facilities were not available to serve the development when the fee was paid, and the city has failed to commence construction of facilities to provide service within 2 years of payment of the fee; or
         (c)   Existing facilities were not available to serve the development when the fee was paid, and the city has failed to make service available within a reasonable period considering the type of facilities to be constructed, but in no event later than 5 years from the date of payment.
      (2)   Upon written request of an owner of the property on which an impact fee has been paid, the portion of an impact fee which has not been expended within 10 years from the date of payment shall be refunded. The application for refund under this section shall be submitted within 60 days after the expiration of the 10-year period. Under this section, impact fees will be deemed expended on a first-in, first-out basis. An impact fee collected under this subchapter will be deemed expended if the total expenditures for capital improvements or facility expansions within 10 years after the date of payment exceeds the total amount of fees collected for the category of improvements or expansions (water or wastewater) during that period.
      (3)   If a refund is due under divisions (1) or (2) of this section, the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units identified in the land use assumptions for the service area to determine the refund due per service unit. The refund shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated on that amount. Refunds shall be made to the record owner of the property at the time of the refund.
   (D)   Rebates. If a building or plumbing permit or an approval of a utility application in a development expires after an impact fee has been paid, and no utility connection has been made under the permit or approval, and a modified or new application has not been filed within 6 months of the expiration, and the property owner submits a written request to the city within 6 months of the expiration, the city shall rebate the amount of the impact fee to the record owner of the property at the time of the refund. If no request for a rebate is submitted within this period, no rebate shall become due.
(Ord. 746, passed 4-4-2017)