[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.
[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.
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.
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.
