(A) Prior to the establishment of a water impact fee, the Council shall adopt a plan that includes a list of:
(1) The capital improvements that the Council intends to fund in whole or in part with impact fee revenues;
(2) The estimated cost and time of construction of each improvement and the percentage of that cost eligible to be funded; and
(3) A description of the process for modifying the plan.
(B) In adopting this plan, the Council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section.
(C) The Council may modify such plan and list at any time. If the impact fee charge will be increased by a proposed modification to the list, to include a capacity-increasing public improvement, the Council will:
(1) At least 30 days prior to adoption of the proposed modification, provide written notice to persons who have requested notice pursuant to § 52.13
;
(2) Hold a public hearing if a written request for a hearing is received within seven days of the date of the proposed modification.
(D) A change in the amount of a systemwide improvements fee or a growth-related expansion fee is not a modification of the impact fee charge if the change in amount is based on the periodic application of the Engineering News-Record's (ENR) Construction Cost Index or a modification to any of the factors related to the rate that are incorporated in the established methodology. The Council may elect to revise the impact fee annually based of the ENR Construction Cost.
(Ord. 2017-30, passed 11-21-17; Am. Ord. 2023-15, passed 8-1-23)