(A) The methodology used to establish the reimbursement fee shall, where applicable, be based on ratemaking principles employed to finance publicly-owned capital improvements, prior contributions by then-existing users, gifts or grants from federal or state government or private persons, the value of unused capacity available to future system users or the cost of the existing facilities and other relevant factors identified by the City Council. The methodology shall promote the objective that future systems users shall contribute no more than an equitable share of the cost of then-existing facilities and shall be available for public inspection.
(B) The methodology used to establish the improvement fee shall, where applicable, demonstrate consideration of the projected cost of capital improvements identified in the plan and list adopted pursuant to § 52.082 that are needed to increase the capacity of the systems to which the fee is related and for which the need for increased system capacity will be required to serve the demands placed on the system by future users. Improvement fees shall be calculated to obtain the cost of capital improvements for the projected need for available system capacity for future users.
(C) The methodology shall also provide for a credit as authorized in § 52.085.
(D) The methodology shall also provide for periodic indexing of system development charges for inflation, as long as the index used is:
(1) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property or a combination of the three;
(2) Published by a recognized organization or agency that produces the index or data source for reasons that are independent of the system development charge methodology; and
(3) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution or order.
(E) Except when authorized in methodology adopted under division (C) above, the fees required by this code which are assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision are separate from and in addition to the system development charge and shall not be used as a credit against such charge.
(F) The methodology used to establish the improvement fee or the reimbursement fee, or both, shall be contained in a resolution adopted by the City Council.
(G) After the effective date of this subchapter, the city shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any system development charge. Written notice shall be mailed to persons on the list at least 90 days prior to the first hearing to establish or modify a system development charge, and the methodology supporting the adoption or amendment shall be available at least 60 days prior to the first hearing to adopt or amend. The failure of a person on the list to receive a notice that was mailed shall not invalidate the city’s subsequent action. The city may periodically delete names from the list, but at least 30 days prior to removing a name from the list, the city must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list.
(Prior Code, § 52.079) (Ord. 1272, passed 12-19-2012)