A. General. Every customer requesting a connection to the combined sewer system shall be subject to a combined sewer development fee charged to recover an appropriate share of the capital costs of the city's existing and/or new combined sewer system facilities. No new sewer service shall be furnished to the customer by the combined sewer system unless the combined sewer development fee has been paid. This requirement shall not apply to the extent that the fee established by this section, or the equivalent thereof, previously has been paid by the owner of the premises to which the combined sewer service is provided or by a predecessor of the owner. Payment of the combined sewer development fee shall be in addition to payment of all other applicable fees and charges.
B. Prior Agreements. Prior to the effective date of the ordinance codified in this section, some development projects were allowed to connect to the combined sewer system on the condition that the owner of the parcel being developed enter into an agreement when the city (titled the "Agreement Relative to Participation in Specified Mitigation Measures Relating to the Combined Sewer System") to pay fees lawfully adopted by the city in the future to fund combined sewer system improvements. The owner of a parcel subject to such an agreement shall pay the combined sewer development fee established by this section, in accordance with the provisions of the agreement, within thirty (30) days after receiving an invoice for the fee from the city.
C. Amount of Fee. The fee established by this section shall be determined by reference to a schedule of fees adopted from time to time by resolution of the city council, subject to annual adjustments required by Section 13.08.500 of this code.
D. Replacement Services. If a customer with an existing connection to the combined sewer system requests one or more new connections to the combined sewer system in order to accommodate development of the property served by the existing service, the combined sewer development fee shall be equal to the difference between the current fee for the number of ESFDs on the property prior to the development, and the current fee for the number of ESFDs approved for the development.
E. Credit for Mitigation Projects. The director may determine an appropriate credit to be given against the combined sewer development fee for a customer who constructs or contributes toward the construction of a project or projects that mitigate the impact on the combined sewer system of combined wastewater flows from the customer's premises.
F. Mitigation of Drainage Impacts-Sewer and Storm Drainage Facilities. Payment of the combined sewer development fee is in addition to compliance with any requirements or measures imposed to mitigate the impact of stormwater and surface runoff drainage as provided in Section 13.08.145, and any requirements to construct sewer and storm drainage facilities as provided in Section 13.08.360. (Ord. 2013-0014 § 26; Ord. 2005-020 § 2)