929.06 CAPACITY CHARGE FEE.
   (a)    A Sanitary Sewer Capacity Charge Fee, being a tap-in or connection fee representing a reasonable relationship to the entire cost of having provided and created an adequate sanitary sewer system, including wastewater treatment plant, shall be imposed upon all future users of the currently unused service capacity of the Village Sanitary Sewer System.
   (b)   Such Sanitary Sewer Capacity Charge Fee shall be imposed upon the basis of the size of the water tap servicing the property. Such fee shall be collected, and sanitary sewer capacity reserved for the user in the following manner:
      (1)   In the case of a future user connecting to the sanitary sewer system for the first time, the Sanitary Sewer Capacity Charge fee shall be paid and sanitary sewer capacity reserved for the user, as follows:
         A.   As regards development which has completed the final plat procedure of the Subdivision Regulations, sanitary sewer capacity shall be reserved for its use at the time this sanitary sewer capacity charge fee all applicable water capacity charge fees are paid, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
   If not paid sooner, this Sanitary Sewer Capacity Charge Fee shall be paid no later than the time the tap request for individual sanitary sewer service to a lot is made. No reservation of capacity shall occur at such time unless all applicable water capacity charge fees have also been paid, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
   Once reserved, the sanitary sewer capacity shall be allocated to the development for which the fees were paid, and shall not be transferable to another development.
   Development which is required to undergo the final plat procedure of the Subdivision Regulations, but which has not completed that procedure, shall not be eligible to reserve sanitary sewer capacity or to pay the necessary capacity charge fees.
   If the sanitary sewer tap connections are not made within three years of the payment of the Sanitary Sewer Capacity Charge Fees, Sanitary Sewer capacity may, at the option of the Village, no longer be reserved and may be made available for use by others. In such event, and at the option of the payor, a refund of the Sanitary Sewer Capacity Fee may be made, provided, however, that in the refund no interest shall be paid upon the amount of the fee paid. No other refund of Sanitary Sewer Capacity Charge Fee shall be made once such fee is paid.
         B.   As regards development which is not required to undergo the final plat procedure of the Subdivision Regulations, this Sanitary Sewer Capacity Charge Fee shall be paid prior to final approval of its construction plans. Sanitary sewer capacity shall be reserved for the user upon such payment of this Sanitary Sewer Capacity Charge Fee and all applicable water capacity charge fees, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
   Once reserved, the sanitary sewer capacity shall be allocated to the development, for which the fees were paid and shall not be transferable to another development.
   If the sanitary sewer tap connections are not made within three years of the payment of the Sanitary Sewer Capacity Charge Fee, sanitary sewer capacity may, at the option of the Village, no longer be reserved and may be made available for use by others. In such event, and at the option of the payor, a refund of the Sanitary Sewer Capacity Charge Fee may be made, provided, however, that in the refund no interest shall be paid upon the amount of the fee paid. No other refund of the Sanitary Sewer Capacity Charge Fee shall be made once such fee is paid.
      (2)   In the case of an enlargement in the size of the water tap servicing the property of an existing or future user, all capacity charge fees including but not limited to this Sanitary Sewer Capacity Charge Fee, shall be immediately paid at such time as the enlargement is made in the size of the water tap servicing the property.
      (3)   In the case of future water connections made for the fire purposes only, the Sanitary Sewer Capacity Charge Fee shall be immediately paid at such time as the water tap servicing the property is made.
   (c)   The amount of the Sanitary Sewer Capacity Charge Fee shall be as follows:
      (1)   The Sanitary Sewer Capacity Charge Fee for future users connecting to the sanitary sewer system for the first time shall be set forth within the Village Water and Sewer Rate, Surcharge and Capacity Fee Schedule maintained in the Village Water Office and published on the Village website at www.plain-city.com.
   The Sanitary Sewer Capacity Charge Fee for a Water Tap Size greater than 6" shall be separately determined by Council acting by ordinance or resolution.
      (2)   The Sanitary Sewer Capacity Charge Fee for existing or future users enlarging the size of the water tap servicing their property shall be the difference between the amount established for the size of the enlarged water connection and the amount established for the size of the prior water connection. The values to be used are those set forth above, or in cases where one or both of the involved Water Tap Size(s) are greater than 6", the value(s) established by Council acting by ordinance or resolution for the water connection(s) greater than 6".
      (3)   No Sanitary Sewer Capacity Charge Fee shall be imposed for future connections to the Village water system that are only for fire purposes.
      (4)   No user, current or future, shall be entitled to any rebate or refund of the Sanitary Sewer Capacity Charge Fee from the Village in the event that the size of the water tap servicing their property is decreased.
   (d)   The Sanitary Sewer Capacity Charge Fee shall be imposed and collected by the Village Administrator at the time set forth in subsection (b) hereof, and under no circumstance, shall a permit for a water and/or sanitary sewer connection tap be issued if such Sanitary Sewer Capacity Charge Fee is not paid.
   In the event that an unauthorized water tap is discovered by the Village Administrator which provided initial service to the property, enlarged the authorized water tap, or connected for fire purposes only, water service to the property may be terminated until such time as the appropriate Sanitary Sewer Capacity Charge Fee is paid together with an amount equal to ten percent (10%) interest upon the unpaid Sanitary Sewer Capacity Charge Fee from the date such unauthorized water tap was made and all reasonable expenses, including attorney’s fees, incurred in enforcing such Sanitary Sewer Capacity Charge Fee.
   (e)   The proceeds of the Sanitary Sewer Capacity Charge Fee shall be paid into the Sewer Replacement Fund. (Ord. 13-17. Passed 5-8-17.)