[Adopted 10-10-2022 by Ord. No. 2022-04]
This article shall be known and may be cited as the Village of Denmark's Water Supply Capacity Charge Ordinance.
The purpose of this article is to establish a mechanism to recover the costs imposed on the Village of Denmark by the Water Authority to fund the additional capacity built into the Water Authority's water supply facilities to handle future growth. To fund this additional capacity, the Water Authority charges the Village of Denmark for new or increased connections to the Village of Denmark's water system. The purpose of this article is to pass those charges on to the property owner seeking the new or increased connection since that property owner is directly responsible for the costs imposed on the Village of Denmark by the Water Authority.
Each person, corporation, partnership, public agency, or other entity (hereinafter referred to as "a water user") shall obtain a permit from the Village of Denmark before installing a new water meter. Village of Denmark shall determine the size of the water meter necessary or appropriate to provide service to the water user.
Except as provided in § 296-49 of this article, each water user who obtains a permit under § 296-46 shall pay a water supply capacity charge to Village of Denmark at the time of the application for the permit. Such water supply capacity charge shall be calculated as set forth in §§ 296-48 and 296-50 of this article and shall equal the charge imposed by the Water Authority on the Village of Denmark.
Except as provided in §§ 296-49 and 296-50, the amount of the water supply capacity charge shall be based upon the size of the meter to be installed. The water supply capacity charge shall equal $294 multiplied by a factor determined by the size of meter to be installed. The size of the meter, the appropriate factor, and the resulting water supply capacity charge is set forth on the following table:
Meter Size
(Inches)
Factor
Water Supply Capacity Charge
Under 1
1
$294
1
1.6
$470
1.5
3
$882
2
5.2
$1,528
3
9.6
$2,822
4
16.4
$4,822
6
30
$8,820
8
52
$15,288
10
78
$22,932
12
132
$38,808
A water user who obtains a permit pursuant to § 296-46 may apply for an exemption from paying water supply capacity charges if the permit relates to: a) alterations or expansion of an existing building where no additional or larger water meter connections are requested; b) the replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water connections are requested and where the use is not changed; or c) a decrease in meter size. Any claim for an exemption must be made no later than the time of application for a permit for a new water meter or a change in water meter size. Any claim not so made shall be deemed waived.
A current water user who obtains a permit under § 296-46 to increase its meter size shall be eligible for a credit toward the water supply capacity charge imposed under § 294-48. Such credit shall equal an amount equal to the amount of a water supply capacity charge calculated on the size of the meter to be replaced. For example, if water user applies for a permit to change from a five-eighths-inch meter to a one-inch meter, the water supply capacity charge to the water user would equal the charge for a one-inch meter less the charge for a five-eighths-inch meter. In no case shall a credit exceed the amount of the water supply capacity charge.
All required water supply capacity charges, unless expressly excepted in § 296-49 of this article, shall be paid in full prior to issuance of a permit under § 296-46. Payment of the water supply capacity charge is the responsibility of the property owner of record at the time a permit under § 296-46 of this article is requested.
Water supply capacity charges paid to and collected by the Village of Denmark shall be placed in a segregated, interest-bearing account called the Water Supply Capacity Charge Account. Such funds shall be accounted for separately from other Village of Denmark general and utility funds.
All funds, excluding interest, accumulated in the Water Supply Capacity Charge Account established by the Village of Denmark shall be turned over to the Water Authority semiannually on dates established by the Water Authority. The Water Authority shall use the funds to reduce fixed costs of the Water Authority. Any interest income earned by the monies in the Water Supply Capacity Charge Account need not be turned over to the Water Authority but may be used by the Village of Denmark to help pay administrative costs of implementing this article.
Village of Denmark may waive the collection of a water supply capacity charge from any property owner if the Village of Denmark itself agrees to be responsible for the payment of such charge.
If any section, phrase, sentence, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
This article shall take effect on October 10, 2022.