933.08 CAPACITY CHARGE FEE.
   (a)   A Water 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 water system, including water treatment plant and wells, shall be imposed upon all future users of the currently unused service capacity of the Village Water System.
   (b)   Such Water 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 water capacity reserved for the user, in the following manner:
      (1)   In the case of a future user connecting to the water system for the first time, the Water Capacity Charge Fee shall be paid and water capacity reserved for the user, as follows:
         A.   As regards development which has completed the final plat procedure of the Subdivision Regulations, water capacity shall be reserved for its use at the time this water capacity charge fee and the sanitary sewer capacity charge fee imposed by Section 929.06 are paid, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
            If not paid sooner, this Water Capacity Charge Fee shall be paid no later than the time the tap request for individual water service to a lot is made. No reservation of capacity shall occur at such time unless the sanitary sewer capacity charge fee imposed by Section 929.06 is also paid, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
   Once reserved, the water 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 water capacity or to pay the necessary capacity charge fees.
   If the water tap connections are not made within three years of the payment of the fees, water 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 capacity charge fees may be made, provided, however, that in the refund no interest shall be paid upon the amount of the fees paid. No other refund of Water Capacity Charge Fees shall be made once such fees are paid.
         B.   As regards development which is not required to undergo the final plat procedure of the Subdivision Regulations, this Water Capacity Charge Fee shall be paid prior to final approval of its construction plans. Water capacity shall be reserved for its use upon such payment of this Water Capacity Charge Fee and the sanitary sewer capacity charge fee imposed by Section 929.06, together with the RPM capacity charge fee imposed by Ordinance 6-98, if applicable.
   Once reserved, the water capacity shall be allocated to the development for which the fees were paid, and shall not be transferable to another development.
   If the water tap connections are not made within three years of the payment of the fees, water 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 capacity charge fees may be made, provided, however, that in the refund no interest shall be paid upon the amount of the fees paid. No other refund of capacity charge fees shall be made once such fees are paid.
      (2)   In the case of an enlargement in the size of the water tap servicing the property of an existing or future user, the capacity charge fee shall be immediately paid at such time as the Village becomes aware of an enlargement in the size of the water tap servicing the property;
      (3)   In the case of future water connections made for fire purposes only, the capacity charge fee shall be immediately paid at such time as the Village becomes aware of such water tap servicing the property.
   (c)   The amount of the capacity charge fee shall be as follows:
      (1)   The capacity charge fee for future users connecting to the water 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 Water Capacity Charge Fee for a Water Tap Size greater than 6" shall be separately determined by Council acting by ordinance or resolution.
      (2)   The Water 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)   The Water Capacity Charge Fee for future connections to the Village water system for fire protection purposes shall be one-half (½) of that amount established above for the size of the water connection being made. All water service for fire protection purposes must have its own dedicated line which cannot be used for any other purpose.
      (4)   No user, current or future, shall be entitled to any rebate or refund of the Water Capacity Charge Fee from the Village in the event that the size of the water tap servicing their property is decreased.
   (d)   Such 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 the permit for a water and/or sewer connection tap be issued if such 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 capacity charge fee is paid together with an amount equal to ten percent (10%) interest upon the unpaid capacity charge fee from the date such unauthorized water tap was made and all reasonable expenses, including attorney’s fees, incurred in enforcing such capacity charge fee.
   (e)   The proceeds of the capacity charge fee shall be paid into the Water Capital Improvement Fund.
(Ord. 13-17. Passed 5-8-17.)
   (f)   (1)   The water capacity charge fee for fire suppression purposes under Section 933.08(c)(3) of the Village of Plain City Municipal Code of Ordinances is hereby eliminated for future fire suppression water line installation within the Uptown District whose boundaries are depicted in Exhibit A attached to Ordinance 22-20 and incorporated herein.
      (2)   The elimination of the water capacity charge fee above does not amend those charges and fees referenced under Section 933.04 of the Village of Plain City Municipal Code of Ordinances related to water tapping charges. Installation of future water lines for fire suppression purposes will still be subject to all other applicable inspections and other conditions set forth by the Village’s regulations. (Ord. 22-20. Passed 11-23-20.)