§ 51.065  WATER DISTRIBUTION PLATTING FEE.
   (a)   The purpose of this subchapter is to impose a water distribution platting fee on property as it is platted or replatted after for the costs to expand the potable water distribution system.
   (b)   The potable water distribution system is defined as water mains and appurtenances necessary to construct a system of water mains 16 inches or greater in diameter in accordance with the city's water distribution system master plan and current design standards.
   (c)   It is the intent of this subchapter to charge platted or replatted property no more than its proportionate share of the cost to expand the potable water distribution system.
   (d)   The city council finds the amount of the water distribution platting fee based on rational nexus and rough proportionality standards has been appropriately determined according to the analysis described in the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates (revised May 2015).
   (e)   (1)   The water distribution platting fee shall be paid prior to approval of any plat or replat.
      (2)   The city may defer the payments if the plat or replat is a minor plat or replat.
   (f)   The water distribution platting fee shall apply regardless of zoning classification and is hereby established as follows:
 
Per acre fee paid on and after January 1, 2017
$1,970 per acre
Per acre fee paid on and after January 1, 2018
$2,019 per acre
Per acre fee paid on and after January 1, 2019
$2,070 per acre
Per acre fee paid on and after January 1, 2020
$2,121 per acre
Per acre fee paid on and after January 1, 2021
$2,175 per acre
 
The amount to be paid shall be determined by multiplying the water distribution platting fee per acre by the total number of acres contained within the plat or replat, less the following:
      (1)   Land dedicated or to be dedicated to the city for right-of-way for an arterial street; and
      (2)   Areas zoned REC recreation, AG agricultural or CN conservation.
   (g)   Replats shall be subject to the water distribution platting fee for areas for which fees were deferred or for which the replatted property may receive new water system taps and water meter service.
   (h)   The value of contributions made by the fee payer toward the cost of expanding the potable water distribution system in order to serve the property to be platted or replatted shall be subtracted from water distribution platting fees otherwise due for the property. The value of the contribution shall be determined by the city engineer, based on information submitted by the fee payer and shall be in compliance with applicable law. No credit will be given for contributions to the extent they exceed city requirements. Credit for contributions not claimed prior to payment of the water distribution platting fees shall be waived.
   (i)   Water distribution platting fee revenues shall be deposited into an interest-bearing account and segregated from other funds of the city. The revenues collected and interest earned shall be used solely for expanding the potable water distribution system. The location and size for this potable water distribution system expansion to be funded with the water distribution platting fee revenues shall be determined based upon the most current water distribution system master plan as approved by the city engineer.
   (j)   Water distribution platting fee revenues not spent within seven years of the date it was paid shall be refunded, along with interest earned, to the fee payer. The city shall keep a record of each fee paid, including the date, amount, and name and address of the fee payer. The fee revenue will be deemed to be spent in the order in which it was received. If the city determines a refund is due, it shall make a good-faith effort to contact the fee payer to whom the refund is owed. If the fee payer to whom the refund is owed cannot be located within one year after the refund is determined to be due, the refund shall be governed in accordance with SDCL 43-41B.
   (k)   Periodically, the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates, will be updated. The updates shall review fees and recommend adjustment based on then current costs of construction. If an amendment is necessary, the information shall be provided to the city council together with a proposed ordinance amendment. Pending any such adjustments, the water distribution platting fee shown in the table above shall increase by 2.5 percent per year for years after 2021.
   (l)   A person harmed by an administrative decision of the city under this section may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of the Code of Ordinances, as that subchapter may be amended from time to time, except as modified below.
      (1)   The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, whose cost shall be split equally between the city and the appellant.
      (2)   The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
         A.   The determination of the number of acres subject to the water distribution platting fee;
         B.   The determination of the applicable zoning classification for determination of the water distribution platting fee;
         C.   The value of any credit;
         D.   Any mathematical computation; or
         E.   Determining or applying any other objective fact on which the decision was based.
      (3)   If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall then stand. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
      (4)   The provision for appeals under this division (l) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
      (5)   Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
      (6)   The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 41-68)  (Ord. 114-08, passed 9-15-2008; Ord. 11-13, passed 3-19-2013; Ord. 30-16, passed 4-5-2016)