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City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
[R.O. 2006 §710.410; CC 1985 §25-136; Ord. No. 87.04 §§1 — 4, 2-19-1987; Ord. No. 88.02 §§1 — 5, 2-4-1988; Ord. No. 92.34 §3, 12-17-1992; Ord. No. 02.11 §1, 3-7-2002; Ord. No. 10.26 §3, 6-21-2010]
A. 
Plant capacity fees, a one-time fee, shall be paid by all property owners for new construction or existing facilities whose property is within three hundred (300) feet of a City sewer main and/or any person or entity desiring to connect, tap or gain access to the City's sewer system.
1. 
New construction. For all new construction, residential or commercial, the property owner shall pay the appropriate plant capacity fee(s) prior to the issuance of the site development permit.
2. 
Existing facilities. For any existing facility located within the City limits and within three hundred (300) feet of a City sewer main which did not pay a plant capacity fee when initially constructed, the property owner shall pay the appropriate plant capacity fee(s).
3. 
Reconstruction/improvements resulting in changes in demand for sewer services. For all reconstruction and/or improvements, residential or commercial, resulting in an increase in the sewer service demand, the applicable plant capacity fee(s) shall be paid based on the new demand. Credit shall be given for previously paid capacity fees for said property. No refunds are given for reconstruction and/or improvements resulting in decreases in demand.
a. 
For metered customers, a change in demand for sewer service is the difference in fees in the existing water meter and the new water meter for serving property. (For example: The replacement of an existing water meter with a larger meter will result in a correspondingly higher demand for sewer service and therefore an increase in demand will result.)
b. 
For properties not on City water service, including multi-commercial customers, a change in demand for sewer service is the change in the defined class described in Subsection (5) below.
c. 
For all multi-residential customers, a change in demand for sewer service is the increase in the number of units on the property.
d. 
Exceptions. Plant capacity fees are not applicable for sewer service connections for the following:
(1) 
Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided there is no increase in the number of units or a change in the class as defined in Subsection (5) below.
(2) 
Rebuilding of a damaged or destroyed structure provided the water meter size, the number of units, or the class defined in Subsection (5) remains the same.
(3) 
A change in occupancy provided there is no increase in demand for sewer service.
4. 
Unsewered areas. For areas within the City limits not currently served by the City sewer system and classified as an unsewered area; at such time the City constructs sewer infrastructure and makes available City sewer service for said unsewered area, plant capacity fees shall be waived for all connections effected within one (1) year.
5. 
Plant capacity fee. Buying capacity shall be determined based upon equivalent water demand requirements or the estimated water demand requirements within the defined class as determined in accordance with the City of Osage Beach's design guidelines. Multi-commercial and multi-residential users are classified as class A and shall pay class A fees per unit.
The defined classes and applicable plant capacity fees are as follows:
Class
Name
Description
Plant Capacity Fee
A
Residential light commercial
Single-family residences with < 2.5 baths,
Small commercial offices/retail,
Multi-residential structures, per unit charge (MF)
No laundries or laundromats, no restaurants,
Maximum continuous demand < 10 gpm.
$860.00
B
Small-medium commercial
Large residences, swimming pools, lawn irrigation for lawns < 6,000 sq. ft.,
Hotel/motel with < 15 units, small restaurants —
< 75 seats, FF w/drive thru,
Other small-medium commercial,
Maximum continuous demand < 25 gpm.
$2,150.00
C
Medium commercial
Hotel/motel with < 35 units,
Medium restaurants - > 75 seats, no outdoor seating,
Other medium commercial,
Maximum continuous demand < 50 gpm.
$4,300.00
D
Medium-large commercial
Hotel/motel with < 70 units,
Large restaurants - > 175 seats, outdoor seating,
Other medium-large commercial,
Maximum continuous demand < 80 gpm.
$6,880.00
E
Large commercial 1
Hotel/motel with < 150 units,
Other large commercial,
Maximum continuous demand < 160 gpm.
$13,760.00
F
Large commercial 2
Hotel/motel with < 300 units,
Maximum continuous demand < 250 gpm.
$43,000.00
G
Maximum demand commercial
Hotel/motel with > 301 units,
Maximum continuous demand > 1,000 gpm.
$107,500.00
6. 
Reserve account. The monies collected in accordance with this Section shall be placed in the sewer treatment plant reserve account for the purpose of treatment plant construction or expansion.
[1]
Cross Reference — Buildings and building regulations, ch. 500.
[R.O. 2006 §710.415; Ord. No. 02.37 §1, 9-5-2002; Ord. No. 03.07 §1, 4-3-2003; Ord. No. 07.44 §1, 8-16-2007; Ord. No. 12.24 §§1 — 3, 8-2-2012; Ord. No. 13.17 §1, 5-16-2013]
A. 
Findings. The Board of Aldermen of the City of Osage Beach, Missouri (hereinafter "Board of Aldermen") hereby finds and declares that:
1. 
The City of Osage Beach, Missouri (hereinafter "City") has experienced rapid population and tourism growth during the 1990's and 2000's and a corresponding increase in the demand for sewer service.
2. 
The Osage Beach Comprehensive Plan adopted by the City's Planning Commission and Board of Aldermen in 2006 and the current experience and growth projections of the City indicates this growth will continue into the twenty-first (21st) century.
3. 
New growth results in new connections to the City's sewer system, placing an increased demand upon wastewater collection systems, in excess of the system's current capabilities.
4. 
The City must expand its sewer system if new connections are to be accommodated without decreasing the level of service to existing connections.
5. 
The Sanitary Sewer Collection System Master Plan, commissioned by the City and prepared by Archer Engineers, identifies additional wastewater service facilities that are needed to serve existing connections and new connections to the system.
6. 
The City has examined the additional facilities needed to serve existing connections and new connections to the sewer system and has segregated projects and costs attributable to existing connections from projects and costs attributable to new connections.
7. 
The City assumes responsibility for and is committed to providing wastewater facilities necessary to serve existing connections through funding mechanisms other than system development charges.
8. 
The City acknowledges that there are existing structures (dwellings and commercial businesses) within the City that are not connected to the existing sewer system because the sewer system is not in close proximity for the existing structures to be connected to the sewer system through no fault of the structure owner. Therefore, for purposes of this Section, the system development charge and the reference to "new connections" shall not apply to nor include existing structures as of September 5, 2002 in unserved areas.
9. 
To the extent that new connections will place additional demand upon sewer system facilities, that demand should be met by shifting the responsibility for financing such facilities from the general public to the connections creating the demand.
10. 
The imposition of a system development charge will help ensure that new connections to the sewer system bear a proportionate share of the cost of the facilities necessary to accommodate new connections.
11. 
The facilities necessary to accommodate new connections have a "rational nexus" to and provide benefit to new connections when they tap into the sewer system because the facilities increase the capacity of the system, making service to new connections possible.
12. 
The Board of Aldermen has considered the matter of financing sewer facilities, the need for which is necessitated by new connections. The Board of Aldermen hereby finds and declares that a system development charge imposed upon new connections to finance sewer service facilities, the need for which is reasonably related to new connections, furthers the public health, safety and welfare of Osage Beach. Therefore, the Board of Aldermen deems it advisable to adopt the provisions as hereinafter set forth.
B. 
Intent.
1. 
It is the intent of this Section to impose a system development charge, payable prior to or at the time of the issuance of the building permit, in an amount based upon the demand for sewer service attributable to the new connection and the cost of constructing sewer service facilities needed to serve the new connection.
2. 
It is the intent of this Section that, by establishment of this system of calculating and imposing system development charges, a new sewer service connection to the City's sewer system will pay its pro rata share of reasonably anticipated costs of sewer service facilities required to serve such new connection and that the fees paid with respect to each new connection are roughly proportionate, both in nature and extent, to the demand that such new connection will place on sewer service facilities.
3. 
It is the intent of this Section to establish an appeal procedure to allow for an individualized determination that the charge imposed on each new connection is roughly proportionate to the demand that the new connection will place on sewer service facilities.
4. 
It is the intent of this Section that the sewer service facilities financed through the system development charges established hereby be based, when applicable, upon the City's Comprehensive Plan and Capital Improvement Program and are consistent therewith.
5. 
This Section shall not be construed to authorize imposition of a system development charge for sewer service improvements attributable to existing connections.
6. 
It is the intent of this Section to establish a sewer system user fee in the form of a system development charge imposed upon new connections to the City's sewer system and not to levy a "tax" or "fee" as such term is used in Section X, Section 22 of the Missouri Constitution.
7. 
It is the intent of this Section to establish a user fee in the form of a system development charge, as "user fees" are interpreted in Missouri case law, that will be used to pay for the cost of providing sewer service facilities, the demand for which is generated by new connections. The amount of the system development charge to be paid by each new connection is calculated to be directly proportionate to the demand for sewer service facilities created by each such new connection. This Section is specifically designed so as not to establish a "tax" or "fee" as such terms are used in Section X, Section 22 of the Missouri Constitution but rather as a mechanism to equitably shift the burden of the cost of such facilities from the existing general public (which has already paid its fair share of the cost of the existing sewer system and which will continue to pay for the cost of improvements to serve existing connections, maintenance and repair through funds other than those derived from the system of user's fees) to new connections that will generate the need for sewer service facilities that will be constructed with monies derived from this user fee in the form of a system development charge. The monies collected from imposition of this system development charge are to be used to offset the cost of providing sewer service to new connections in the form of sewer service facilities and the system is designed to ensure that such monies collected may only be expended to provide such services. The monies may not be paid into the City's general fund to defray customary governmental expenditures. In addition, the system is designed so that the system development charge:
a. 
Is paid upon the approval of designated development applications, not periodically;
b. 
Is required to be expended for the provision of sewer facilities that directly benefit the connection who has generated the need for such facilities within a reasonable period of time from the date such fee is paid;
c. 
Is directly proportional in amount to the sewer facilities provided; and
d. 
Is for a service that has not been historically provided exclusively by monies derived from taxes.
C. 
Authority. In the creation of the sewer system development charge, the City is exercising its local authority, including, but not limited to, its Police powers pursuant to Chapters 79, 88 and 91, RSMo., as amended. The aforementioned provisions authorize the City to provide and finance sewer service facilities and to provide for the health, safety and general welfare of the City.
D. 
Imposition Of Sewer System Development Charge.
1. 
The sewer system development charge must be paid to the City prior to or at the time of the issuance of the building permit. Thereafter, an application for a sewer service connection must be made and approved by the City prior to the connection actually being made.
2. 
This Section shall be applicable to applications for sewer service connection due to an increase in demand for sewer facilities. An increase in demand for sewer facilities shall mean the replacement of an existing water meter with a meter having a larger capacity, capable of delivering more gallons per minute than the existing meter and therefore creating a correspondingly higher demand for sewer service than the existing meter.
3. 
Sewer service connections shall otherwise comply with all applicable ordinances, provisions of the Code of Ordinances and other laws and regulations of the City.
4. 
Approval of an application for a sewer service connection shall expire by limitation and become null and void if the connection has not been completed within ninety (90) days of the date of such approval. Upon expiration, the applicant may apply for a refund of the sewer system development charge in accordance with Subsection (H)(5) of this Section.
E. 
Applicability.
1. 
This Section shall be applicable to all applications for sewer service connections except as hereinafter set forth in Subsection (E)(2); provided however, the sewer system development charge for connections outside of the City limits shall be determined by identifying the benefit area that will receive the wastewater from the property described in the application and charging the amount established for the respective benefit area.
2. 
This Section shall not be applicable to applications for sewer service connections otherwise necessary for:
a. 
Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided there is no increase in demand for sewer facilities;
b. 
Rebuilding of a damaged or destroyed structure, whether voluntary or involuntary, provided there is no increase in demand for sewer facilities;
c. 
A change in occupancy without any increase in the demand for sewer facilities; or
d. 
Existing structures (dwellings and commercial businesses) in unserved areas as of the date of this Section.
F. 
Calculation Of The Sewer System Development Charge.
1. 
For single-family residences, the City shall calculate the sewer system development charge due for a new application for service based on a charge equivalent to a single residential unit. It is assumed that the average single-family residential unit is occupied by an average of three (3) persons and generates two hundred twenty-five (225) gallons of wastewater per day. A single-family residence is termed to be one (1) equivalent dwelling unit ("EDU"). The system development charge for one (1) EDU is as set forth in Appendix A to this Article.
2. 
For two- and multi-family residences, the City shall calculate the sewer system development charge due for a new application for service based on eight hundred seventy-five thousandths (0.875) EDU per dwelling unit with three (3) bedrooms, seventy-five hundredths (0.75) EDU per dwelling unit with two (2) bedrooms and six hundred twenty-five thousandths (0.625) EDU per dwelling unit with one (1) bedroom to be served by the connection to the sewer system.
3. 
For industrial and commercial facilities, the City shall calculate the sewer system development charge due for a new application for service based on the following:
a. 
Determining the capacity multiplier of the size and type meter to be used for each new water service connection, relative to a five-eighths (5/8) inch by three-quarter (¾) inch displacement type meter (typical single-family residence) as set forth in Appendix A to this Article; and
b. 
Determining the equivalent impact units of the size and type meter to be used for each new connection, relative to a five-eighths (5/8) inch by three-quarter (¾) inch displacement type meter as set forth in Appendix A to this Article; and
c. 
Multiplying the equivalent impact units by the system development charge for one (1) EDU.
4. 
Where this Section becomes applicable due to an increase in demand for sewer facilities, the sewer system development charge due shall be equal to the difference between the current fee for the new sewer connection minus the current fee for the existing sewer connection.
Example: An existing customer applies to increase an existing water service connection from a one (1) inch displacement meter to a two (2) inch displacement meter. The sewer system development charge due shall be equal to the current sewer system development charge for the two (2) inch displacement meter minus the current sewer system development charge for a one (1) inch displacement meter.
G. 
Administration Of Sewer System Development Charges.
1. 
Collection of sewer system development charges. The City, prior to approving any application for service, shall collect sewer system development charges calculated and imposed pursuant to this Section.
2. 
Transfer of funds to the Finance Department. Sewer system development charges shall be transferred from the collecting agency to the Finance Department for placement in the sewer system development charge fund account, which has been established pursuant to Subsection (G)(3) below.
3. 
Sewer system development charge fund account established.
a. 
There is hereby established a separate "Sewer System Development Charge Fund Account" for the City.
b. 
Funds withdrawn from the fund account must be used solely in accordance with the provisions of Subsection (G)(4) of this Section.
c. 
Any funds not immediately necessary for expenditure shall be invested in interest-bearing accounts. All interest earned shall be retained in the fund account.
4. 
Use of funds collected. The funds collected by reason of this Section shall be used exclusively for the purpose of undertaking sewer facilities projects or for financing directly or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the costs of sewer facilities projects.
H. 
Refunds.
1. 
Upon application of the current property owner, the City shall refund the portion of any sewer system development charge that has been on deposit for more than ten (10) years and that remains unexpended.
a. 
The current owner of the property must petition the City for the refund within six (6) months following the ten (10) year period. The time for filing a refund petition shall run from the date on which the sewer system development charge was paid.
b. 
The petition must contain the following information:
(1) 
A notarized sworn statement that the petitioner is the current owner of the property; and
(2) 
A copy of the dated receipt issued for payment of the sewer system development charge.
2. 
A system development charge collected pursuant to this Section shall be considered expended if, within ten (10) years from the date of payment, the total expenditures for sewer facilities necessary to serve new connections exceed the total fees collected for such facilities during such period.
3. 
If a refund is due pursuant to Subsections (H)(1) and (2) of this Section, the City shall determine the amount of the refund per equivalent impact unit by dividing the difference between the amount of the fees collected and the amount of expenditures by the total number of equivalent impact units provided. The total refund due shall be calculated by multiplying the refund per equivalent impact unit by the capacity multiplier for the size and type meter for which the sewer system development charge was originally paid.
4. 
Within one (1) month from the date of receipt of a petition for the refund, the City shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of Subsections (H)(1), (H)(2) and (H)(3) of this Section, the City shall issue the refund within two (2) months from the date of receipt of the petition for refund.
5. 
Refunds requested pursuant to the expiration of a sewer connection approval must be submitted within six (6) months of the date of expiration. Refund requests under this Subsection are not required to submit petitions pursuant to Subsection (H)(1) of this Section; however, adequate proof of entitlement to the refund must be provided to the City.
I. 
Annual Review.
1. 
Beginning in calendar year 2003 and annually thereafter, the City Administrator, with the assistance of the appropriate City departments, shall prepare a report on the subject of sewer system development charges, which report shall include:
a. 
Recommendations on amendments, if appropriate, to this Section;
b. 
Proposed changes to the sewer system development charge calculation methodology;
c. 
Proposed changes to the sewer system development charge calculation variables;
d. 
Proposed changes to the sewer system development charge rates or schedules.
2. 
The City Administrator, in preparing the annual report, shall obtain and review the following information:
a. 
A statement from the Finance Department summarizing sewer system development charges collected and disbursed during the preceding year for sewer facility projects;
b. 
A statement from the Engineering Department summarizing sewer facility projects initiated and completed during the preceding year;
c. 
A statement from the Building Inspection Department summarizing the applications for service approved during the preceding year;
d. 
A statement from the Engineering Department that the sewer facility projects undertaken with sewer system development charge funds are consistent with the adopted project list;
e. 
A revision of the project list and sewer system development charge calculation, as appropriate.
3. 
The report shall be presented to the Board of Aldermen.
4. 
Based on the annual report and other factors as the Board of Aldermen deems relevant and appropriate, the Board of Aldermen may amend this Section.
5. 
The annual review shall be completed by the date of the second (2nd) regularly scheduled meeting of the Board of Aldermen in the month of July of each year.
6. 
Nothing herein precludes the Board of Aldermen or limits its discretion to amend this Section at such other times as may be deemed necessary.
J. 
Appeals.
1. 
The applicant for a new sewer service connection may appeal the following decisions to the Board of Aldermen:
a. 
The applicability of the sewer system development charge to the connection;
b. 
The amount of the sewer system development charge due;
c. 
The amount of a refund due, if any.
2. 
The burden of proof shall be on the appellant to demonstrate that:
a. 
The sewer system development charge is not applicable;
b. 
The amount of the fee does not reasonably reflect the applicant's pro rata share of the cost of sewer service facilities required to serve the applicant's sewer service connection; and/or
c. 
The amount of the refund was not calculated in accordance with the provisions of this Section.
3. 
The applicant shall file a notice of appeal with the City Clerk within thirty (30) days following the determination of the applicability of the sewer system development charge, the amount of the sewer system development charge or the amount of the refund due. An application for service may continue to be processed while the appeal is pending, provided that the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the system development charge due.
4. 
Within ten (10) days of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and the City, the applicant shall submit to the Engineering Department studies, calculations and other documentation appropriate to the determination of a system development charge for new connection or the determination of a refund.
[1]
Editor's Note — Appendix A: Sanitary Sewer System Development Charge Schedule is included as an attachment to this chapter.