[R.O. 2014 §500.440; Ord. No. 1196 §§1 — 6, 2-9-2006; Ord. No. 1241 §1, 11-11-2006; Ord. No. 1253 §1, 1-25-2007; Ord. No. 1283 §1, 5-22-2007]
A. 
A water capacity fee is hereby established and imposed upon all new construction within the City. The water capacity fee shall be charged in accordance with a schedule of fees (the "water capacity fee schedule") established by the Board of Aldermen and which shall be set forth in Schedule A to this Chapter and maintained at the Building Regulations Department. The water capacity fee schedule shall be based upon actual costs relating to and charged to the City to provide, operate and maintain the City water system, but shall not include major capital expenditures such as water towers, associated piping and wells.
B. 
The Mayor of the City of Marshfield shall appoint, every two (2) years, with the approval of the Board of Aldermen, a Capacity Committee consisting of two (2) Board of Aldermen members and three (3) other members who shall review this ordinance, hear appeals and make recommendations to the Board of Aldermen concerning changes, additions, adjustments or other items concerning the capacity ordinances. The Mayor may assign City staff as necessary to assist the committee with their assigned duties. The Capacity Committee shall elect a Chairman who will schedule meeting times and dates for appeals and/or review of this schedule.
C. 
The water capacity fee ordinance and fees shall be reviewed every two (2) years by the Capacity Committee and shall make recommendations to the Board of Aldermen as to the need for any additions and/or deletions, adjustment of fees or other revisions as may be required.
D. 
Water capacity fees must be paid to the City in conjunction with, and as a condition to the issuance of, a building permit.
E. 
Any use not listed will be placed in the most appropriate category or placed in the non-categorized bracket. Appeals will be made to the Capacity Fee Committee who will make a recommendation to the Board of Aldermen concerning the appeal. During this time the required fee will be held by the City until a determination is made and approved by the Board of Aldermen.
F. 
A person may make an appeal to the Capacity Committee by submitting in writing on a form provided by the City describing the reason for an appeal and other information supporting the appeal.
G. 
No water capacity fees shall be assessed on existing customers or residences currently utilizing the municipal water system for reconstruction or remodeling. However, capacity fees will apply for all new construction, additions, detached structures, in-fills and all other new users of the water system of the City of Marshfield. If there is a change in the type of use as outlined in the fee schedule and the change is less, a capacity fee charge will not be assessed.
H. 
All fees collected by the City from said capacity fees shall be deposited in the Water Fund and shall be used solely for the purpose of improvements to the water systems production, pumping, and/or storage facilities; said fund shall be expended only in the manner and for the purposes of capacity expansion of the water system or dire emergency.
I. 
Water capacity fees for structures outside the City limits, as they now exist or as may be extended in the future, shall be assessed at twice the rates provided for herein.
J. 
As used herein, the term "new construction" shall also include reconstruction of or addition to an existing structure that accommodates a change of use which creates additional demands on water capacity.
[R.O. 2014 §500.450; Ord. No. 1195 §§1 — 5, 2-9-2006; Ord. No. 1240 §1, 11-11-2006; Ord. No. 1252 §1, 1-25-2007; Ord. No. 1275 §1, 5-22-2007]
A. 
A sewer capacity fee is hereby established and imposed upon all new construction within the City. The sewer capacity fee shall be charged in accordance with a schedule of fees (the "sewer capacity fee schedule") established by the Board of Aldermen and which shall be set forth in Schedule A to this Chapter and maintained at the Building Regulations Department. The sewer capacity fee schedule shall be based upon actual costs relating to and charged to the City to provide, operate and maintain the City wastewater treatment and collection systems, but shall not include major capital expenditures such as treatment facilities, major trunk lines and additional lift pump stations.
B. 
The Mayor of the City of Marshfield shall appoint, every two (2) years, with the approval of the Board of Aldermen, a Capacity Committee consisting of two (2) Board of Aldermen members and three (3) other members who shall review this ordinance, hear appeals and make recommendations to the Board of Aldermen concerning changes, additions, adjustments or other items concerning the capacity ordinances. The Mayor may assign City staff as necessary to assist the committee with their assigned duties. The Capacity Committee shall elect a Chairman who will schedule meeting times and dates for appeals and/or review of this schedule.
C. 
The sewer capacity fee ordinances and fees shall be reviewed every two (2) years by the Capacity Committee and shall make recommendations to the Board of Aldermen as to the need for any additions and/or deletions, adjustment of fees or other revisions as may be required.
D. 
Sewer capacity fees must be paid to the City in conjunction with, and as a condition to the issuance of, a building permit.
E. 
Any use not listed will be placed in the most appropriate category or placed in the non-categorized bracket. Appeals will be made to the Capacity Fee Committee who will make a recommendation to the Board of Aldermen concerning the appeal. During this time the required fee will be held by the City until a determination is made and approved by the Board of Aldermen.
F. 
A person may make an appeal to the Capacity Committee by submitting in writing on a form provided by the City describing the reason for an appeal and other information supporting the appeal.
G. 
No sewer capacity fees shall be assessed on existing customers or residences currently utilizing the municipal sewer system for reconstruction or remodeling. However, capacity fees will apply for all new construction, additions, detached structures, in-fills and all other new users of the sewer system of the City of Marshfield. If there is a change in the type of use as outlined in the fee schedule and the change is less, a capacity fee charge will not be assessed.
H. 
All fees collected by the City from said capacity fees shall be deposited in the Sewer Fund and shall be used solely for the purpose of improvements to the sewer system collection, treatment and/or storage facilities; said fund shall be expended only in the manner and for the purposes of capacity expansion of the sewer system or dire emergency.
I. 
As used herein, the term "new construction" shall also include reconstruction of or addition to an existing structure that accommodates a change of use which creates additional demands on sewer capacity.
[R.O. 2014 §500.460; Ord. No. 1202 §§1 — 9, 2-23-2006; Ord. No. 1327 §§1 — 9, 3-13-2008]
A. 
Establishment Of A Developer Water Cost Share Fee. A fee is hereby established and imposed upon the connection to water infrastructure that is hereafter constructed by the City, or constructed by a developer and dedicated to the City, for the purpose of providing a means of equitable reimbursement of the costs incurred in the construction of such infrastructure (the "developer water cost share fee"). The developer water cost share fee shall be imposed upon all persons who build and/or develop land in the area to be served by said infrastructure, including all property that can be served by the water extension.
B. 
Method Of Calculation.
1. 
The developer water cost share fees shall be calculated for each service area based upon the actual costs incurred to construct water lines, pumping stations and other water infrastructure in each respective area. Developer water cost share fees will only be assessed on the infrastructure necessary to convey water to the development. Calculations involving fee rates do not discount existing or future road right-of-ways or common property areas.
2. 
The developer water cost share fee shall be computed by obtaining the total acres of the service area of said water system infrastructure extension outside of the existing water infrastructure area and dividing that number into the costs of only the portion of the existing water system needed to serve the proposed lot or development times the actual acres in the proposed lot or development. This fee will be charged at the time of permitting and will be adjusted based on actual construction cost. An example of this calculation is as follows:
For a total watershed area of one hundred (100) acres, a development of twenty (20) acres and an estimated infrastructure cost of two hundred fifty thousand dollars ($250,000.00), the calculation is:
($250,000.00/100 acres) * 20 acres = $50,000.00 cost share fee.
3. 
Upon completion of construction of said infrastructure and prior to acceptance by the City, the developer shall submit to the Superintendent an engineered cost share report setting forth the total actual cost of construction, excluding individual tap-in connections, per segment of water infrastructure. The Superintendent may, in his or her discretion, determine that certain costs and/or area should not be allowed in computing the developer water cost share fee.
C. 
Exemptions. Properties that have City water service available prior to the water extension are exempt from impositions of the developer water cost share fees described herein.
D. 
Determination Of Applicable Area. The area utilized to determine specific fees shall include the full drainage basis area that may physically utilize the subject infrastructure, irrespective of land that may be dedicated as right-of-way or common areas in the future. In some basins, the outer limit of the service area is outside the City's service boundary. In the event that a property owner desires to connect to the publicly owned water system, and all or a portion of that property lies outside of the City's service boundary, the acreage of the entire tract shall be utilized to determine the total fee.
E. 
Collection And Disbursements.
1. 
Prior to the issuance of a water infrastructure construction permit or building construction permit, the City staff will determine the applicability of the developer water cost share fees. If it is determined that the fees are required, such fees shall be added to the appropriate water construction permit application and must be paid by the applicant prior to the issuance of the permit. Collection for all other persons requesting connection to the utility shall occur in conjunction with a building permit.
2. 
All developer water cost share fees will be posted to separate line item accounts and tracked by the respective service basins. Uses of these fees should be limited to the payment of debt service for the original construction or for the improvement or expansion of water service in each of the respective areas. Any funds owed to an individual developer or the City will be reimbursed annually, up to fifteen (15) years after City acceptance of the water system or until all of the costs of the utilized water conveyance system are paid in full. The interest rate applied to the reimbursement shall be five percent (5%) per annum.
F. 
Unlawful Connections — Procedure For Disconnection.
1. 
It shall be unlawful for any person required to pay a developer water cost share fee to connect to the City's water system without paying such fee, and any such connection shall be subject to disconnection as set forth herein.
2. 
Upon discovery of an unlawful connection, the Board of Aldermen shall conduct a hearing prior to disconnecting all structures on the subject property from the water system. Notice of such hearing shall be mailed no less than fifteen (15) days, via registered mail, to the address of the property owner as the same is maintained by the Webster County Assessor's office.
3. 
If, after having received a notice of hearing by the City, the property owner pays all fees and costs associated with connection to the water system, the City will allow that connection to remain connected.
4. 
In the event that it is determined that developer water cost share fees are required, and the property owner is disconnected from the water system, the property owner shall, prior to the restoration of service, reimburse the City an amount equal to the resources expended to undertake said disconnection in addition to the payment of the developer water cost share fees.
5. 
Nothing herein shall prevent the City from pursuing any remedy that it may have for violations of this Section, whether the same is at law or in equity, by suit, action or other proceeding.
G. 
Termination Of Fee. If and when the historical sum of developer water cost share fees collected for any area equals the original certified construction costs or when the original designed capacity has been reached, the imposition of developer water cost share fees for that area shall cease. If the total fee required for any area exceeds the original certified construction costs in any area, a partial fee will be refunded so that the original certified construction costs will not be surpassed.
H. 
Interpretation And Application. The Board of Aldermen or their designated representative(s), in their sole discretion, shall interpret and determine the applicability of the provisions contained herein, correct errors or omissions, address currently unidentified circumstances and supplement or amend administrative rules and regulations as are necessary for the equitable imposition of the developer water cost share fee.
I. 
Appeals. Any property owner may appeal the determination of the Superintendent regarding the developer water cost share fee to the City Administrator. Such appeal shall be in writing and shall be submitted within fifteen (15) days of the Superintendent's determination. The City Administrator shall affirm, reverse or modify, in whole or in part, the Superintendent's determination within fifteen (15) days of receipt of the appeal. In the event that property owner's appeal is denied, in whole or in part, by the City Administrator, the property owner may appeal the determination of the Superintendent to the Board of Aldermen. Such appeal shall be in writing and shall be submitted within fifteen (15) days of the City Administrator's ruling. The Board of Aldermen shall affirm, reverse or modify, in whole or in part, the Superintendent's determination within sixty (60) days of receipt of the appeal.
[R.O. 2014 §500.470; Ord. No. 1203 §§1 — 9, 2-23-2006; Ord. No. 1328 §§1 — 9, 3-13-2008]
A. 
Establishment Of A Developer Sewer Cost Share Fee. A fee is hereby established and imposed upon the connection to sewage infrastructure that is hereafter constructed by the City, or constructed by a developer and dedicated to the City, for the purpose of providing a means of equitable reimbursement of the costs incurred in the construction of such infrastructure (the "developer sewer cost share fee"). The developer sewer cost share fee shall be imposed upon all persons who build and/or develop land in the area to be served by said infrastructure, including all property that can gravity feed to the sewage system or is pumped from an adjoining watershed.
B. 
Method Of Calculation.
1. 
The developer sewer cost share fees shall be calculated for each service area based upon the actual costs incurred to construct gravity mains and interceptors, manholes, wetwells, telemetry equipment, pumping stations and force mains in each respective area. Developer sewer cost share fees will only be assessed on the infrastructure necessary to convey sewage from within the development to a City sewerage system. Calculations involving fee rates do not discount existing or future road right-of-ways or common property areas.
2. 
The developer sewer cost share fee shall be computed by obtaining the total acres of the service area (total watershed) outside of the existing sewer infrastructure area and dividing that number into the costs of only the portion of the existing sewer system needed to serve the proposed lot or development times the actual acres in the proposed lot or development. This fee will be charged at the time of permitting and will be adjusted based on actual construction cost. An example of this calculation is as follows:
For a total watershed area of one hundred (100) acres, a development of twenty (20) acres and an estimated infrastructure cost of two hundred fifty thousand dollars ($250,000.00), the calculation is:
($250,000.00/100 acres) * 20 acres = $50,000.00 cost share fee.
3. 
Upon completion of construction of said sewage infrastructure and prior to acceptance by the City, the developer shall submit to the Superintendent an engineered cost share report setting forth the total actual cost of construction, excluding individual tap-in connections, per segment of sewer infrastructure. The Superintendent may, in his or her discretion, determine that certain costs and/or area should not be allowed in computing the developer sewer cost share fee.
C. 
Exemptions. Properties that have City sewer service available prior to the additional sewer extension are exempt from impositions of the developer sewer cost share fees described herein.
D. 
Determination Of Applicable Area. The area utilized to determine specific fees shall include the full drainage basis area that may physically utilize the subject infrastructure, irrespective of land that may be dedicated as right-of-way or common areas in the future. In some basins, the outer limit of the service area is outside the City's service boundary. In the event that a property owner desires to connect to the publicly owned treatment facility, and all or a portion of that property lies outside of the City service boundary, the acreage of the entire tract shall be utilized to determine the total fee.
E. 
Collection And Disbursements.
1. 
Prior to the issuance of a City sewer construction permit or building construction permit, the City staff will determine the applicability of the developer sewer cost share fees. If it is determined that the fees are required, such fees shall be added to the appropriate sewer construction permit application and must be paid by the applicant prior to the issuance of the permit. Collection for all other persons requesting connection to the utility shall occur in conjunction with a building permit.
2. 
All developer sewer cost share fees will be posted to separate line item accounts and tracked by the respective service basins. Uses of these fees should be limited to the payment of debt service for the original construction or for the improvement or expansion of sanitary sewer service in each of the respective basins. Any funds owed to an individual developer or the City will be reimbursed annually, up to fifteen (15) years after City acceptance of the sewer system or until all of the costs of the utilized sewer conveyance system are paid in full. The interest rate applied to the reimbursement shall be five percent (5%) per annum.
F. 
Unlawful Connections — Procedure For Disconnection.
1. 
It shall be unlawful for any person required to pay a developer sewer cost share fee to connect to the City's sanitary sewer without paying such fee, and any such connection shall be subject to disconnection as set forth herein.
2. 
Upon discovery of an unlawful connection, the Board of Aldermen shall conduct a hearing prior to disconnecting all structures on the subject property from the sanitary sewer system. Notice of such hearing shall be mailed no less than fifteen (15) days, via registered mail, to the address of the property owner as the same is maintained by the Webster County Assessor's office.
3. 
If, after having received a notice of hearing by the City, the property owner pays all fees and costs associated with connection to the sanitary sewer, the City will allow that connection to remain connected.
4. 
In the event that it is determined that developer sewer cost share fees are required, and the property owner is disconnected from the sanitary sewer system, the property owner shall, prior to the restoration of service, reimburse the City an amount equal to the resources expended to undertake said disconnection in addition to the payment of the developer sewer cost share fees.
5. 
Nothing herein shall prevent the City from pursuing any remedy that it may have for violations of this Section, whether the same is at law or in equity, by suit, action or other proceeding.
G. 
Termination Of Fee. If and when the historical sum of developer sewer cost share fees collected for any area equals the original certified construction costs or when the original designed capacity has been reached, the imposition of developer sewer cost share fees for that area shall cease. If the total fee required for any area exceeds the original certified construction costs in any area, a partial fee will be refunded so that the original certified construction costs will not be surpassed.
H. 
Interpretation And Application. The Board of Aldermen or their designated representative(s), in their sole discretion, shall interpret and determine the applicability of the provisions contained herein, correct errors or omissions, address currently unidentified circumstances and supplement or amend administrative rules and regulations as are necessary for the equitable imposition of the developer sewer cost share fee.
I. 
Appeals. Any property owner may appeal the determination of the Superintendent regarding the developer sewer cost share fee to the City Administrator. Such appeal shall be in writing and shall be submitted within fifteen (15) days of the Superintendent's determination. The City Administrator shall affirm, reverse or modify, in whole or in part, the Superintendent's determination within fifteen (15) days of receipt of the appeal. In the event that property owner's appeal is denied, in whole or in part, by the City Administrator, the property owner may appeal the determination of the Superintendent to the Board of Aldermen. Such appeal shall be in writing and shall be submitted within fifteen (15) days of the City Administrator's ruling. The Board of Aldermen shall affirm, reverse or modify, in whole or in part, the Superintendent's determination within sixty (60) days of receipt of the appeal.