A. The city has determined the necessity of establishing a policy and a procedure to be utilized to recover the cost of designing and constructing major sanitary sewer facilities in those instances in which a significant number of the properties to be benefited by such facilities are not sufficiently developed to permit the recovery of those costs through the special assessment process as provided in chapter 384, division IV of the Iowa Code. The city hereby declares its intent to utilize connection fees, as herein provided, to recover the costs of designing and constructing such major sanitary sewer facilities from property owners who connect to such facilities subsequent to their construction.
It is the intent of this section to set forth the method of recovery of proportional cost shares from those property owners who connect their properties to major sanitary sewer facilities subsequent to their construction, so that in the event that all property, other than street and road right of way, which lies within the benefited district is connected to the major sanitary sewer facilities during their expected useful life, then those properties shall bear, in the aggregate, up to one hundred percent (100%) of the cost of designing and constructing such facilities, including legal and administrative expenses associated therewith. (Ord. 1337, 11-2-1998; amd. Ord. 1613, 11-8-2004)
B. The connection fee ordinance may provide, at the city council's discretion, that single-family residences within the benefited district and located within the corporate limits of the city are eligible for connection to the major sanitary sewer facility. The applicable connection fee for a single- family residence shall be:
1. That the owners of residences on parcels of less than one acre in size located within the city may connect such residences to the major sanitary sewer facility upon approval of their application for connection, payment of the connection fee for the parcel as determined by the per acre fee multiplied by the area of the lot of record on which such residence is located and construction, at the owner's expense, of appropriate connection structures, as determined necessary by the city engineer.
2. That the owners of residences on parcels in excess of one acre in size located within the city may connect such residences to the major sanitary sewer facility upon approval of their application for connection, designation in writing of a one acre single residence parcel and a remainder parcel, payment of the connection fee for the area of the one acre residence parcel, and construction at the owner's expense, of appropriate connection structures, as determined necessary by the city engineer. Any future development of said parcel shall necessitate a revised application for connection and payment of the appropriate connection fee.
The connection fee ordinance may also provide, at the city council's discretion, that sanitary sewer service can be provided to recreational and park facilities in the same manner and under the same procedures as set forth in this section for single-family residences within the benefited district.
All other property located within the corporate limits of the city and within a benefited district shall be eligible for connection to the major sanitary sewer facility upon approval of an application for connection by the owner thereof as hereafter provided, and payment of the connection fee for such property, provided such property has been appropriately subdivided for development, and, where applicable, all sanitary sewer improvements necessary to serve said property have been constructed, at the owner's expense, and accepted by the city. The area for payment of the connection fee shall be determined by the total area subdivided, less the area of any property to be conveyed to the city as a public park. For buildable lots of record within the subdivision with an area greater than one acre the fees shall be determined for one acre of each lot of record. (Ord. 1895, 12-13-2010)
C. At the public hearing, the owners of property within the proposed benefited district shall be heard and may offer comments or objections as to:
1. The necessity for the project;
2. The calculation of the area benefited by the proposed major sanitary sewer facilities;
3. The estimated cost of the proposed facilities; and
4. The proposed per acre connection fee.
Upon concluding the hearing, the city council shall rule upon the objections presented during the hearing and may consider the adoption of the proposed connection fee ordinance. Upon consideration of the proposed connection fee ordinance, the council may:
1. Adopt the ordinance as proposed;
2. Delete elements or portions of the proposed major sanitary sewer facilities from the proposed project and the properties served thereby from the benefited district proposed; or
3. Amend the ordinance to revise the connection fee.
D. The connection fee ordinance may provide, at the city council's discretion, that single-family residences within the benefited district, in existence or under construction upon the effective date of the ordinance, and located within the corporate limits of the city, are eligible for connection to the major sanitary sewer facility. In that event, the ordinance shall include the following provisions:
1. That the owners of residences on parcels of less than one acre in size located within the city may connect such residences to the major sanitary sewer facility upon approval of their application for connection, payment of the connection fee for the parcel, and construction, at the owner's expense, of appropriate connection structures, as determined necessary by the city engineer, and
2. That the owners of residences on parcels in excess of one acre in size located within the city may connect such residences to the major sanitary sewer facility upon approval of their application for connection, subdivision of said parcel into a single residence parcel and an outlot, payment of the connection fee for the residence parcel, and construction, at the owner's expense, of appropriate connection structures, as determined necessary by the city engineer. Any future development of said parcel shall necessitate a revised application for connection and payment of the appropriate connection fee.
The connection fee ordinance may also provide, at the city council's discretion, that sanitary sewer service can be provided to recreational and park facilities in the same manner and under the same procedures set forth in this section for single-family residences within the benefited district.
All other property located within the corporate limits of the city and within a benefited district shall be eligible for connection to the major sanitary sewer facility upon approval of an application for connection by the owner thereof, as hereafter provided, and payment of the connection fee for such property, provided such property has been appropriately subdivided for development, and, where applicable, all sanitary sewer improvements necessary to serve said property have been constructed, at the owner's expense, and accepted by the city.
E. After adoption, publication and recording by the city clerk in each county where property in the benefited district is located, of a connection fee ordinance for a benefited district, all owners of those properties within the benefited district whose properties are eligible for connection, and who propose to connect such properties directly or indirectly to the major sanitary sewer facility, shall make application to the city for such connection. The submittal of construction plans to the city for sanitary sewer improvements on property being subdivided for development shall constitute an application to the city for purposes of this section. The sewer connection fee shall be due and payable at the time application is made to the city for connection to the major sanitary sewer facility. No connection shall be made to a major sanitary sewer facility until such application has been approved and until the required connection fee has been paid. The sewer connection fee required by this section shall be paid before the city will approve the final plat of property subject to the sewer connection fee. (Ord. 1337, 11-2-1998; amd. Ord. 1613, 11-8-2004)
F. The sewer connection fee shall be in an amount equal to the maximum area of contiguous property or fraction thereof, within the benefited district under common ownership which can be lawfully served through such proposed connection, multiplied by the per acre connection fee established in the connection fee ordinance for that benefited district subject to the provisions of this section for determination of the applicable area for calculation of the connection fee. The connection fee shall be adjusted on July 1 of each calendar year based on the change in the ENR construction cost index for the one year period ending in April of the calendar year in which the adjustment is made. The finance director shall determine the applicable connection fees for each established connection fee district and the development services department shall maintain on file the connection fees in each connection fee district effective July 1 of each calendar year. (Ord. 1895, 12-13-2010)
G. The sewer connection fee required by this section shall be due and payable to the city treasurer.
H. The sewer connection fee required by this section is in addition to, and not in lieu of, any other fees for connection required under the plumbing code or other provisions of this code.
I. In the event any property owner connects his or her property within a benefited district to a major sanitary sewer facility without having made application therefor or without having received approval thereof, or without having paid the required connection fee established by a connection fee ordinance, the city shall be entitled to disconnect such private sewer connection until such time as the property owner has made and received approval of his or her application, and/or has paid the required connection fee. (Ord. 1337, 11-2-1998; amd. Ord. 1613, 11-8-2004)