By the codification of Ordinance No. 74-1.14, there is hereby established a tap-in fee for connection to the ten-inch Village water main extending along Telegraph Road for a distance of 1,100 feet south from the intersection of Telegraph Road and Half Day Road, which shall be in addition to all other fees required by this Part
5. Said fee shall be $2,500 for each residential connection, or equivalent, to said main.
A recapture fee shall be payable for each residential unit connecting to the Village water system serving Bannockburn Special Service Area Number 5A, as described in Section 6(b) of An Ordinance Establishing Village of Bannockburn Special Service Area Number 5A, Ordinance No. 88-14 adopted on July 11, 1988, where such residential unit is not located on a lot that was included in the special tax roll for said Special Service Area on July 11, 1988. Such recapture fee shall be an amount equal to the total, as calculated by the Village Finance Commissioner, of all special service area taxes that would have been assessed against such lot from July 11, 1988, to the date of connection, for the construction and maintenance of said water system. Such recapture fee shall be in addition to all other fees required by this Part
5 and shall be used by the Village to abate subsequent special service area taxes for the construction and maintenance of such water system.
Parcels may connect to the sanitary sewer system improvements
financed through Special Service Area No. 15, as established by Ordinance
No. 2003-20, and adopted by the President and Board of Trustees on
June 23, 2003 ("improvements") only under the following circumstances:
A. Connection to the improvements by any of the "SSA Parcels," as that
term is defined in Ordinance No. 2003-20, shall, in addition to the
obligation to pay amounts levied pursuant to the Special Tax Roll,
as that term is defined in Ordinance No. 2003-20, be subject to the
following conditions:
(1)
Granting of easement. Prior to the connection of any SSA Parcel
to the improvements, such SSA Parcel shall be required to grant and
deliver to the Village an easement across the full length and/or width
of such SSA Parcel in order to facilitate the installation, construction,
repair, maintenance, and replacement of the improvements and other
utilities, unless the Village Board of Trustees otherwise determines
that an easement across such SSA Parcel is not necessary for the installation,
construction, repair, maintenance, and replacement of the improvements.
Such easement shall be granted without cost or expense to the Village
and shall be in a form reasonably acceptable to the Village Attorney;
and
(2)
Limitation of use. Each SSA Parcel shall be limited to the connection of one detached single-family residence developed in conformity with the provisions of Chapter
260, Zoning, of the Village Code as is in effect as of the date of Ordinance No. 2003-20, and such limitation on development shall be a condition on the connection of the SSA Parcel to, and on the continued right of the SSA Parcel to use, the improvements; and
(3)
Payment of user fees. Following the connection of a SSA Parcel
to the improvements, the owner or occupant of such SSA Parcel receiving
sanitary sewer service from Bannockburn Special Service Area No. 15
shall be required to pay all user fees and comply with all applicable
ordinances, rules, and regulations as the Village may from time to
time establish for such sanitary sewer service as a condition to continued
sanitary sewer service through the improvements; and
(4)
Inspection fees. For each SSA Parcel, no tap-in fee shall be
required to connect one detached single-family residence on the SSA
Parcel to the improvements; provided, however, that an inspection
fee in the amount established by the ordinances of the Village shall
nevertheless be paid upon connection.
B. Because the improvements were designed to serve the properties within
Bannockburn Special Service Area No. 15, the capacity of the improvements
to serve other properties is not guaranteed. Therefore, in order to
conserve the limited resources of the improvements, no parcel that
does not qualify as one of the SSA Parcels, as defined in Ordinance
No. 2003-20, shall be authorized to connect to the improvements except
upon satisfaction of the following conditions:
(1)
Approval of the Village Board of Trustees. Prior to the connection of any such parcel to the improvements, the owner of any such parcel shall enter into an agreement with the Village that provides for the satisfaction of the other conditions set forth in this §
225-523B, and such other conditions as the Village Board of Trustees may establish in the best interests of the Village and for the purpose of conserving the limited capabilities of the improvements, which agreement shall be subject to the express approval of the Village Board of Trustees by resolution; and
(2)
Granting of easement. Prior to the connection of any such parcel
to the improvements, such parcel shall be required to grant and deliver
to the Village an easement across the full length and/or width of
such parcel in order to facilitate the installation, construction,
repair, maintenance, and replacement of the improvements and other
utilities, unless the Village Board of Trustees otherwise determines
that an easement across such parcel is not necessary for the installation,
construction, repair, maintenance, and replacement of the improvements.
Such easement shall be granted without cost or expense to the Village
and shall be in a form reasonably acceptable to the Village Attorney;
and
(3)
Declaration of covenants. Prior to the connection of any such
parcel to the improvements, the owner of such parcel shall execute
and deliver to the Village for recordation a declaration of covenants
running with the land, in a form approved by the Village Attorney,
that prohibits any development, subdivision, or use of such parcel
that is not consistent with the provisions of the Bannockburn Zoning
and Subdivision Code applicable to such parcel as of the date of connection;
and
(4)
Limitation of use. Each such parcel shall be limited to the connection of one detached single-family residence developed in conformity with the provisions of Chapter
260, Zoning, of the Village Code as is in effect as of the date of Ordinance No. 2003-20, and such limitation on development shall be a condition on the connection of such parcel to, and on the continued right of such parcel to use, the improvements; and
(5)
Tap-in, connection, and inspection fees. Prior to the connection
of any such parcel to the improvements, the owner of such parcel shall
pay all applicable tap-in, connection, and inspection fees and other
charges provided for by any applicable ordinances of the Village at
the time of connection to the improvements; and
(6)
Special connection fee. Prior to the connection of any such parcel to the improvements, the owner shall pay, in addition to the fees required pursuant to Subsection
B(5) above, a special connection fee in the lump sum amount of $39,166.67 plus simple interest at a rate of 4% per annum, which interest shall accrue from the date of establishment of Special Service Area No. 15 until paid. Such special connection fee shall be deposited in the Village's water and sewer enterprise fund for use in connection with any permitted expense for such fund, including reimbursement for water- and sewer-related interfund transfers; and
(7)
Payment of user fees. Following the connection of any such parcel
to the improvements, the owner or occupant of such parcel receiving
sanitary sewer service from the improvements shall be required to
pay all user fees and comply with all applicable ordinances, rules,
and regulations as the Village may from time to time establish for
such sanitary sewer service as a condition to continued sanitary sewer
service through the improvements.
The Village has expended funds for the purpose of constructing
water main loop extension improvements along Duffy Lane to Lakeside
Drive ("improvements"). Such improvements were installed to enhance
the public health and safety of the Village residents by enhancing
the overall serviceability and reliability of its water system for
fire safety and potable water purposes. The improvements were specifically
not intended to enhance the development potential of properties within
the Village, nor shall the Village require any properties in the vicinity
of the improvements to discontinue private water sources in favor
of connection to the improvements and the Village water system generally.
In light of these purposes for constructing the improvements, and
in order to ensure fair share contributions by persons and parcels
connecting directly to the improvements, such connections to the improvements
shall be allowed only under the following circumstances:
A. Granting of easement. Prior to the connection of any such parcel
to the improvements, such parcel shall be required to grant and deliver
to the Village an easement across the full length and/or width of
such parcel in order to facilitate the installation, construction,
repair, maintenance, and replacement of the improvements and other
utilities, unless the Village Board of Trustees otherwise determines
that an easement across such parcel is not necessary for the installation,
construction, repair, maintenance, and replacement of the improvements.
Such easement shall be granted without cost or expense to the Village
and shall be in a form reasonably acceptable to the Village Attorney;
and
B. Declaration of covenants. Prior to the connection of any such parcel
to the improvements, the owner of such parcel shall execute and deliver
to the Village for recordation a declaration of covenants running
with the land, in a form approved by the Village Attorney, that prohibits
any development, subdivision, or use of such parcel that is not consistent
with the provisions of the Bannockburn Zoning and Subdivision Code applicable to such parcel as of the date of connection;
and
C. Limitation of use. Each such parcel shall be limited to the connection of one detached single-family residence per zoning lot developed in conformity with the provisions of Chapter
260, Zoning, of the Village Code, and such limitation on development shall be a condition on the connection of such parcel to, and on the continued right of such parcel to use, the improvements; and
D. Tap-in, connection, and inspection fees. Prior to the connection
of any such parcel to the improvements, the owner of such parcel shall
pay all applicable tap-in, connection, and inspection fees and other
charges provided for by any applicable ordinances of the Village at
the time of connection to the improvements relating to the use and
enjoyment of the Village's water system; and
E. Special connection fee. Prior to the connection of any such parcel to the improvements, the owner shall pay, in addition to the fees required pursuant to Subsection
D above, a special connection fee for each zoning lot in the lump sum amount of $39,090.92, less the Village contribution set forth in Subsection
F below, plus simple interest at a rate of 6.5% per annum, which interest shall accrue from the effective date of January 1, 2007. Such special connection fee represents a fair allocation of the costs relating to the improvements. Such special connection fee shall be deposited in the Village's water fund for use in connection with any permitted expense for such funds, including reimbursement for water-related interfund transfers; and
F. Village contribution. The Village shall hereby contribute a portion of the special connection fee for water services required in Subsection
E above, based upon the following schedule:
|
|
Village Contribution
|
|
---|
|
For Lots Connecting to the Improvements:
|
(%)
|
($)
|
Connection Fee Before Interest
|
---|
|
Before January 1, 2008
|
50%
|
$19,545.46
|
$19,545.46
|
|
Before January 1, 2009
|
45%
|
$17,509.91
|
$21,581.01
|
|
Before January 1, 2010
|
40%
|
$15,636.30
|
$23,454.62
|
|
Before January 1, 2011
|
35%
|
$13,681.82
|
$25,409.10
|
|
Before January 1, 2012
|
30%
|
$11,727.28
|
$27,363.64
|
|
Before January 1, 2013
|
25%
|
$9,772.73
|
$29,318.19
|
|
Before January 1, 2014
|
20%
|
$7,818.18
|
$31,272.74
|
|
Before January 1, 2015
|
15%
|
$5,863.63
|
$33,227.29
|
|
Before January 1, 2016
|
10%
|
$3,909.09
|
$35,181.83
|
|
Before January 1, 2017
|
5%
|
$1,954.55
|
$37,136.37
|
G. Payment of user fees. Following the connection of any such parcel
to the improvements, the owner or occupant of such parcel receiving
water service from the improvements shall be required to pay all user
fees and comply with all applicable ordinances, rules, and regulations
as the Village may from time to time establish for such water service
as a condition to continued water service through the improvements.