939.07 WATER CAPACITY FEES.
   (a)   No person shall make a service connection to the City's water system or any part thereof, unless the City has issued a permit to do so.
   (b)   The following capacity fee shall be charged for all permits issued to connect into the City water system for the first time and shall be paid upon issuance of said permit.
      (1)   All properties connecting to the City of Urbana water system shall be assigned an Equivalent Dwelling Unit (EDU), or multiple thereof, with one (1) EDU being equal to average daily water consumption of 400 gallons.
         A.   All single-family residential properties connecting to the water system are assigned one (1) EDU.
         B.   All multi-family dwellings connecting to the water system shall be assigned one (1) EDU per each residential dwelling unit.
         C.   All properties connecting to the water system that are not residential properties are to be assigned by the Director of Administration, an EDU multiple based upon the properties’ estimated daily water consumption (in gallons) divided by 400 gallons (one EDU). In no event shall a non-residential property be assigned an EDU of less than one (1).
      (2)   The capacity fee shall be one thousand six hundred dollars ($1,600.00) per EDU unless acted upon otherwise by Urbana City Council.
      (3)   The EDU multiple established for non-residential properties based on estimated water consumption shall be reviewed twelve (12) months after occupancy is obtained to determine if the estimated daily water consumption is accurate. The Director may extend this 12-month time period if accurate consumption data is not available. Any increase or decrease in the EDU multiple based on actual water consumption which results in a capacity fee charge adjustment of more than one thousand dollars ($1,000) shall be communicated to the property owner in writing. Any additional capacity fee charge or any refund of a previously paid capacity fee charge shall be made within forty-five (45) days of the date of the amended EDU determination letter. An owner may contest the amended EDU assigned to the property by filing an appeal with the Director within forty-five (45) days of the date of the amended EDU determination letter. The appeal shall be in writing and shall state the grounds for the appeal. The Director shall cause an appropriate investigation to be made to determine whether an adjustment of the EDU multiple for the property is warranted. The appellant shall be notified in writing of the Director's determination with respect to the appeal and any resulting adjustment in the amount of the capacity fee charge. Any additional capacity fee charge or any refund of a previously paid capacity fee charge shall be made within forty-five (45) days or the date of the Director's written response to the appellant.
      (4)   The water utility system capacity fee charge for all properties connecting to the water system which are not residential properties and whose estimated daily water consumption is greater than 50,000 gallons per day shall be determined based on an evaluation made of the specific impact on the water utility system for said connection.
   (c)   New water connection permits issued for properties located outside of the City limits will be charged the above mentioned fee on condition that the owner of the property to be served shall, within sixty days of the time said property becomes contiguous to the City of Urbana, prepare and file or join in the preparation and filing of an annexation petition pursuant to Ohio R.C. 709.02 for such property to be annexed to the City of Urbana. The failure of any such non-resident water customer to comply with this condition shall be grounds for immediate termination of water service to the property. This provision may be waived by the City Administrator, with the concurrence of City Council, upon a finding of the existence of a specific necessity.
   (d)   Subsection (b) hereof shall not apply to the holder of a zoning permit issued prior to the effective date of this section for which fees have been paid and actual connection to the water system occurs within 365 days after the issuance of such permit.
   (e)   Water system capacity fees shall be deposited into the City's Water Capacity Fee Fund that is hereby established by this ordinance. (Ord. 4566-22. Passed 3-1-22.)