(A) All water and sewer capacity or impact fees shall be used and applied to costs and expenses incurred or to be incurred by the county to increase the facilities or capacity of the county, or parties contracting with the county, for water treatment, storage and transmission facilities, or wastewater collection, treatment and disposal facilities; upgrades of utility infrastructure to meet increased demands upon the infrastructure of the county’s combined water and sewer utility systems; increased capacity in water and sewer mains and interceptors, lift stations, pumping stations and elevated and ground storage facilities and booster stations; acquiring increased capacity in water treatment plants and wastewater treatment plants to meet additional demands on the county’s combined water and sewer utility system for increased capacity and water treatment plants and wastewater treatment plants and other infrastructure and appurtenances required, necessary or appropriate, in order to provide and distribute an adequate supply of potable water, and to provide adequate wastewater collection and treatment capacity, to serve new development within the county’s combined water and sewer system service area and the area in which the county provides wholesale service. SYSTEM IMPROVEMENT COSTS FOR IMPROVEMENTS TO THE COUNTY’S WATER AND SEWER COMBINED UTILITY SYSTEM shall mean costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable to the improvements, and the costs of providing additional public facilities needed to serve new growth and development; but shall not include the operation or maintenance of existing or new capital improvements.
(B) Any developer, individual, corporation, partnership or other entity undertaking development shall pay the capacity or impact fees established herein, according to the capacity or impact fee schedules adopted herein, as full and complete payment of the developer's proportionate share of county water and sewer combined utility system improvement costs; provided, however, that the affected developer, individual, corporation, partnership or other entity undertaking development may negotiate for other improvements to the county's combined water and sewer utility system, which the county may, at its sole discretion, approve.
(Ord. 5206, passed 12-18-06)