(a) Effective period of procedures. These procedures shall remain in effect unless and until repealed, amended or modified by the City Council in accordance with applicable state law and local ordinances and resolutions.
(b) Annual review.
(1) Report by City Manager. At least once every year prior to City Council’s adoption of the Annual Budget and Capital Improvements Program, the City Manager shall prepare a report on the subject of sewer and water extension cost recovery fees.
(2) Contents of report. The report shall include the following:
A. Recommendations on amendment, if appropriate, to these procedures or to specific ordinances or resolutions adopting sewer and water extension cost recovery fees;
B. Proposed changes to the City of Xenia Master Plan and/or the Sewer and Water Capital Improvements Program, including the identification of sewer and water capital improvement projects anticipated to have a sewer and water extension cost recovery fee ordinance;
C. Proposed changes to the boundaries of sewer and water extension cost recovery fee districts or subdistricts;
D. Proposed changes to sewer and water extension cost recovery fee schedules as set forth in the ordinances or resolutions imposing and setting specific sewer and water extension cost recovery fees;
E. Proposed changes to levels of service;
F. Proposed changes in the sewer and water extension cost recovery fee calculation methodology; and
G. Other data, analyses or recommendations as the City Manager may deem appropriate, or as may be requested by the City Council.
(3) Submission of sewer and water extension cost recovery fee annual report and City Council action. The City Manager shall submit the sewer and water extension cost recovery fee annual report to the City Council, which shall receive the report and take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops and/or public hearings.
(c) Affected area.
(1) Sewer and water extension cost recovery fee district. Sewer and water extension cost recovery fees shall be imposed on land within or without the incorporated area of the City of Xenia which, for purposes hereof, may be divided into sewer and water extension cost recovery fee districts and subdistricts by the City Council.
(2) Map. The affected area, including sewer and water extension cost recovery fee districts and subdistricts, if applicable, shall be shown on the sewer and water extension cost recovery fee district maps, which are attached to original Ordinance 98-82, passed 11-24-1998, and which are hereby adopted by reference and incorporated herein as though fully set forth herein.
(3) Change in boundaries of sewer and water extension cost recovery fee districts and subdistricts. The City Council may amend the boundaries of the sewer and water extension cost recovery fee districts or subdistricts at such times as may be deemed necessary to carry out the purposes and intent of these procedures and applicable legal requirements for use of sewer and water extension cost recovery fees.
(d) Type of land and land development affected. These procedures shall apply to all land and land development as herein defined.
(e) Effect of payment of sewer and water extension cost recovery fees on applicable City of Xenia ordinances and regulations. Neither these procedures nor the specific sewer and water extension cost recovery fee ordinances shall affect, in any manner, the permissible use of property, the density/intensity of development, design and improvement standards or other applicable standards or requirements of these Codified Ordinances or the City of Xenia Sewer and Water Extension Policy, which shall be operative and remain in full force and effect without limitation.
(Ord. 98-82, passed 11-24-1998)