(A) 
Intent & Purpose.
The intent and purpose of this Division 4 is to provide an equitable charge for water and wastewater connections as a proportionate distribution of the capital cost of water and wastewater main extensions to serve property in the City on a front-foot basis.
(B) 
Director of Engineering Determination.
If a tract of land is so situated or shaped that the front-foot rule creates an inequitable basis between the tract and other land in the City, then the Director of Engineering shall determine the proper charges in accord with the intent and purpose of this Division 4.
(Ordinance 6773 adopted 5/19/15)
(A) 
Application of Charges & Calculation.
A pro rata charge shall be assessed for the land to be served by the extension of water or wastewater mains, and shall be paid prior issuance of a Site Permit. Subject to the provisions contained in Sections 3.53 and 3.57 of this GDC, the pro rata charge shall be calculated by determining one-half the average actual cost of eight-inch water and wastewater lines accepted by the City during the most current twelve-month period of October 1 through September 30. Average actual costs shall be revised annually on October 1 of each year using the cost of developer-installed lines in the average. The Director of Engineering shall compute the actual charge on an annual basis, and shall make such computation available to the public.
(B) 
Independent Payment.
The payment of pro rata charges is independent of, and shall be paid in addition to, any applicable tap charges and water or sewer impact fees (see Division 3 of Chapter 1, Article 3 of this GDC). Provided however, if a developer would be entitled to a pro rata refund under this Division 4, the developer may disclaim that right to a refund and assign that right to the City in exchange for a credit against applicable tap charges and impact fees, as applicable.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 17, adopted 5/7/19)
(A) 
Platting Required.
Where extensions of water and wastewater systems are required to serve property which has been subdivided or platted for development, water and wastewater facilities may be extended to the property on the following basis and in accordance with minimum standards and procedures described in this Section 3.53. It shall be unlawful to serve or connect any lot, tract or land parcel, or any part thereof, or for the use of the owner or purchaser of such land, or any part thereof, with water and sewer connections, unless and until such lot, tract, or land parcel shall be platted in conformance with the platting requirements of the City, and until a Final Plat (or other recordable plat) has been approved by the Plan Commission and filed for record at the applicable county. Where future extension is anticipated, lines shall be constructed to the limits of the development.
(B) 
Extensions within Property To Be Developed.
(1) 
Refund of Oversize.
Developers of property shall defray the entire cost of water and wastewater systems within the boundaries of the subdivision, except that the City will refund the oversized cost of any water main or sewer main inside such subdivided area larger than eight inches in size, unless such larger size is required to serve the development in question. Such size of water main and wastewater main for adequate service shall be determined by the developer and reviewed by the Director of Engineering, whose decision shall be final. Refunds of oversize cost will be made upon acceptance of the system by the City (refer to Article 6, Division 4 of this Chapter 3).
(2) 
Size of Mains.
Mains lying along one or more sides of a subdivided tract which serve property other than the subdivision for which the extensions are made:
(a) 
For mains eight inches and smaller, the developers will be refunded upon request one-half of the current average actual cost of the size main constructed when the adjacent property is developed.
(b) 
For mains larger than eight inches in size, the developer will be refunded the difference between cost of the larger main required and the cost of an eight-inch main, the difference to be determined from the prices bid on the contract for installing utilities in this addition. Payment on the City’s part will be due upon completion of the utilities in the project and acceptance by the City (refer to Article 6, Division 4 of this Chapter 3.
(c) 
Where water or wastewater mains lie along one or more sides of a development and serve that development exclusively, such mains will be considered “on-site mains.”
(d) 
Where good planning dictates it is to the advantage of the City to require any property owner or developer to plat his lots so that houses will back up to a street or thoroughfare, then the water or sewer lines will be located in the street and will serve only one side of the street, and the City will pay one-half of the construction cost of these water and/or sewer lines.
(C) 
Where Main Is In Place, In or Adjacent to the Property To Be Developed.
(1) 
If an existing water main or sewer main lies in a street, alley or easement in or along an area or tract of land to be subdivided and developed for resale that does not have an existing meter or wastewater service tap, before extensions from or connections to such line will be made by a developer, the developer shall pay into the water utility fund the current average actual cost per lineal foot of water line and sewer line. If such main lies along the development and serves one side only, one-half these costs shall be paid unless such lines serve the development in question exclusively. Such money shall be paid to the water utility fund and will constitute a charge for use of such water or wastewater main in place.
(2) 
An exception to the normal pro rata charge for water or sewer may be made on any existing water or sewer line that runs along one or more sides of a five-acre or larger sized land tract that has not been subdivided. An exception may also be made for a single residential user on land tracts that have not been subdivided and that lie largely (more than seventy-five percent by area) within an official 100-year floodplain as defined in this GDC. Before any connection to such line shall be made, the applicant shall pay a charge based on sixty feet of frontage and in accordance with the above rates. Such payment does not exempt the remainder of the property from being charged pro rata charges under this Division 4 at such time as it is platted or developed.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 18, adopted 5/7/19)
City’s Discretion. In no event shall the City be obligated to proceed under the terms of this Division if funds are not available or if, at the discretion of the City, the extension may not be practical.
(Ordinance 6773 adopted 5/19/15)
(A) 
Time Period.
A pro rata refund account established under this Division 4 shall be maintained by the City for a period of ten years following the date the completed extension was accepted by the City. If qualifications for a refund have not been met within such ten year period, the funds remaining in the pro rata refund account shall revert to the City and the City shall have no further obligation with respect to the refunding of or accounting for such funds.
(B) 
Original Developer.
A pro rata refund shall be made only to the developer who originally incurred the installation costs to which the refund pertained where pro rata fees have actually been collected by the City from subsequent developers. The refund shall be based upon the amount of pro rata fees actually collected by the subsequent developers for the subject line(s).
(C) 
Extension By Developer.
If an extension is installed by a developer in or adjacent to an existing subdivision to serve the subdivision being developed by the developer, no pro rata charge shall be collected from any lot within the existing subdivision and no pro rata refund shall be due to the developer making the extension.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 19, adopted 5/7/19)
Water Utility Fund. Any and all sums of money collected as a fee or connection charge at the rates set out in this Division 4 shall be credited to the water utility fund of the City.
(Ordinance 6773 adopted 5/19/15)