(a) 
Nature of fee.
A charge known as a “pro-rata fee” shall be imposed on each lot or tract abutting an existing water or wastewater main for which such fee has been established pursuant to this division, as a condition of connection to such main, for the purpose of reimbursing the developer who previously installed the main.
(b) 
Amount of fee.
The pro-rata fee shall be established for each side of the main to which connections are made. The fee for each side shall be equivalent to one-half the average cost of a standard size main, together with all appurtenances, for that length of the main abutting the property being charged. For mains that can be connected to from one side only, the fee shall be equivalent to the average cost of a standard size main, together with all appurtenances, for that length of the main abutting the property being charged.
(1992 Code, sec. 11.1208; 2006 Code, sec. 13.321)
(a) 
Request for pro-rata fees.
A pro-rata fee may be established upon written request of the developer who installs a water or wastewater main prior to final acceptance of the main by the town.
(b) 
Submittal requirements.
The request to establish a pro-rata fee shall be on a form provided by the town. The request shall include a copy of the actual contract for construction of the water and/or wastewater mains with unit prices.
(c) 
Administrator’s determination of unit costs.
The administrator shall annually determine the cost per linear foot to be applied in calculating pro-rata fees according to the following formula:
012 Unit costs formula.tif
Where:
Cost
=
Cost per linear foot for pro-rata fees.
Lin. Ft.
=
Total linear feet of eligible water or sewer line for which pro-rata fees are to be assessed.
Unit Cost
=
Unit cost of a standard sized water or sewer line.
Fittings
=
Total cost of standard sized water or sewer line fittings along the eligible water or sewer lines.
M.H.
=
Total cost of standard sized manholes along eligible sewer lines.
Appt.
=
Appurtenances directly connected to and that are essential for the proper operation of the eligible standard sized water or sewer lines.
Engr.
=
Engineering fees to design standard sized water or sewer lines.
and shall present such unit cost to the town council for approval. The administrator shall include fire hydrants, valves, fittings, manholes and other appurtenances that are determined necessary for the construction of the mains in the calculations. The calculation shall also include engineering fees at the maximum rate of six percent (6%) of the construction cost. The developer may submit to the administrator his calculation of the unit cost to construct the water or wastewater main. The administrator shall verify the unit cost calculation. If the administrator determines that the unit cost calculation submitted by the developer is accurate, and that all costs included in the calculation are necessary and reasonable, the unit cost submitted shall be used to determine the pro-rata fee. Otherwise, the administrator’s unit cost calculation shall be used, which determination shall be final.
(d) 
Reimbursement amount.
The maximum amount for which a developer may be reimbursed from the proceeds of pro-rata fees shall be computed by multiplying the cost per linear foot of the water or wastewater main, as determined in subsection (c), by the number of linear feet installed by the developer.
(e) 
Council action.
The administrator, upon determination of the amount of the total costs of the extension which are eligible for reimbursement, shall forward such determination to the town council, who may establish the pro-rata fee by resolution. The request for establishment of the fee shall not be approved until the facility has been dedicated to and accepted by the town.
(f) 
Procedure for lift stations.
In the event that a lift station capacity is required that exceeds the area necessary to serve a development, the developer must submit a written request for establishment of a pro-rata fee for the lift station, which shall be on a cost per equivalent acre basis. The costs eligible for reimbursement shall include the lift station, attached force main, appurtenances directly connected to and that are essential for the proper operation of the lift station or force main and engineering fees for the design of the lift station and force main. Where residentially zoned property is connected to the lift station, the equivalent acres shall be the gross acreage within the development. For nonresidential property, the equivalent acres shall be equal to the greater of the gross acreage within the development or the total acreage surcharges, if any, based on the water connections within the development determined from the following table:
Water Meter Size
(inches)
Acreage Surcharge
(Equivalent Acres)
1-1/2
1
2
2
3
4
4
8
6
18
8
32
Water meters used for irrigation only may be excluded from the equivalent acreage surcharge.
(1992 Code, sec. 11.1209; 2006 Code, sec. 13.322)
(a) 
Obligation to pay fee.
Any property owner whose property lies adjacent to a street, alley or easement containing an existing water or wastewater main for which a pro-rata fee has been established shall pay the applicable fee prior to the issuance of any building permit for the property and/or before construction commences on the water or wastewater improvements to serve the property.
(b) 
Calculation of fee.
The amount of the pro-rata fee shall be calculated by multiplying the unit cost determined in section 12.04.062 by the number of linear feet of that portion of the property boundary of a lot which abuts a street, alley or easement containing a water or wastewater main for which pro-rata fees have been established. The number of linear feet shall be determined by the following formula:
012 Calculation of fee formula.tif
Where:
LF
=
Total linear feet of water or sewer line for which pro-rata charges will be assessed.
S1
=
Linear feet of water or sewer line in a street that can be connected to from only one side.
A1
=
Linear feet of water or sewer line in an alley that can be connected to from only one side.
E1
=
Linear feet of water or sewer line in an easement that can be connected from only one side.
S2
=
Linear feet of water or sewer in a street that can be connected to from both sides.
A2
=
Linear feet of water or sewer line in an alley that can be connected to from both sides.
E2
=
Linear feet of water or sewer line in an easement that can be connected to from both sides.
(1992 Code, sec. 11.1210; 2006 Code, sec. 13.323)
A pro-rata fee account is hereby established. The town shall deposit all pro-rata fees collected pursuant to section 12.04.063 into such account. Expenditures from such account shall be earmarked solely for reimbursement of developers for the reasonable costs of installing water mains or wastewater for which a pro-rata fee has been established pursuant to section 12.04.062.
(1992 Code, sec. 11.1211; 2006 Code, sec. 13.324)
(a) 
Reimbursement limit.
For a period of 10 years after dedication to and acceptance by the town of the completed facility, the developer shall be entitled to reimbursement from the proceeds of the pro-rata fees established pursuant to section 12.04.062 up to the total cost of the extensions established by resolution pursuant to section 12.04.063. Payment shall be from the pro-rata fee account. The town shall make reimbursements for main extensions annually during December of each calendar year for the preceding fiscal year of the town.
(b) 
Unclaimed funds.
If funds subject to reimbursement remain uncollected by the person to whom they are due, for one (1) year after the end of the ten (10) year period, any pro-rata fees thereafter collected shall be the property of the town and shall be transferred to the water and sewer fund for expenditure in accordance with general provisions.
(1992 Code, sec. 11.1212; 2006 Code, sec. 13.325)
On all pro-rata fees returned to the developer, the town shall deduct two (2) percent of the amount collected plus an amount as established by the town council from time to time as a collection fee. The town shall establish a collection fee account into which all such monies shall be deposited.
(1992 Code, sec. 11.1213; 2006 Code, sec. 13.326; Ordinance adopting 2021 Code)