(a) Imposition. After the effective date of these procedures, no application for approval or record plan which plats or replats land, no request for sewer and water connection, and no request for a building permit within a defined sewer and water district or subdistrict shall be granted by the city unless the applicant has paid any applicable sewer and water extension cost recovery fees, in accordance with these procedures and requirements.
(b) Calculation.
(1) Upon appropriating water and sewer capital improvement funds for a sewer and water capital improvement project anticipated to have a sewer and water extension cost recovery fee, the city shall determine:
A. The total sewer and water cost recovery fee service area served by the sewer and water improvement project;
B. The number of acres within the total sewer and water extension cost recovery fee service area that are undeveloped;
C. The number of lots within the sewer and water cost recovery fee service district that are developed and built upon;
D. The cost of the sewer and water extension capital improvement project;
E. The amount of oversizing of the sewer and water extension capital improvement project, if any, that is necessitated by development outside of the defined sewer and water district or subdistrict;
F. The amount of federal or state assistance for the sewer and water extension capital improvement project, if any;
G. For undeveloped land, the per acre allocation of the cost of the entire sewer and water capital improvement project less any applicable oversizing costs and any applicable federal or state funding; and
H. For developed land, the per lot allocation of the cost of the entire sewer and water capital improvement project less any applicable oversizing costs and any applicable federal or state funding.
(2) An applicant may request a non-binding estimate of sewer and water extension cost recovery fees due for a particular land area or parcel or for a particular proposed land development at any time; provided, however, that such estimate is non-binding and may be subject to change.
(3) The calculation of sewer and water extension cost recovery fees due from a phased land development shall be based upon the number of acres in that particular phase.
(4) All sewer and water extension cost recovery fees shall be calculated based on the actual cost to the city for the applicable sewer and water extension capital improvements, subject to an annual interest rate, the number of acres in the undeveloped portion of the sewer and water extension cost recovery fee district or subdistrict, and the number of lots in the developed portion of the sewer and water extension cost recovery fee district or subdistrict.
(c) Collection.
(1) After the adoption of these procedures, the city shall collect all applicable sewer and water extension cost recovery fees for the total number of acres being developed in the applicable sewer and water extension cost recovery fee district or subdistrict upon the earlier of the following events:
A. A request for a connection into the new sewer and water capital improvement by the owner or developer of the property;
B. The filing of a record plan which plats or replats any portion of the land; or
C. A request for a building permit by the owner or developer of the property.
(2) The city shall collect any sewer and water extension cost recovery fees as stated in subsection (c)(1) hereof even where sewer and water extension cost recovery fees were paid by the applicant at an earlier time if the sewer and water cost recovery fees have increased since the time of payment. The applicant shall be liable only for the difference between the sewer and water extension cost recovery fees paid at the earlier time and those in effect at the time described in subsection (c)(1) hereof.
(3) The city shall not collect applicable sewer and water extension cost recovery fees under the following circumstances:
A. The applicant has been determined by the City Council to be not subject to the payment of sewer and water extension cost recovery fees; or
B. The applicant has taken an appeal from the sewer and water extension cost recovery fee requirement or amount, and an amount equal to the fees, as calculated by the city, has been placed in escrow with the City Clerk.
(Ord. 98-82, passed 11-24-1998)