§ 15.36.040. Capacity charge.

A.

Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of seven hundred fifty dollars per unit of flow on all new connections to the public sewer system. An increase in sewer use of ten percent or more through an existing connection, as compared to average flow during the previous three years, shall be considered a new connection for purposes of this section. This capacity charge shall be distinguished from and collected in addition to applicable tap fees.

B.

Trunk sewer construction or expansion funding by the metropolitan government shall be only upon the basis of availability of funds. If developers fund construction or expansion of trunk sewers, the metropolitan government shall collect the charges created herein in accordance with subsection F, below. Nothing in this subsection shall be construed to create any obligation on the metropolitan government to fund in whole or in part the construction or expansion of trunk sewers.

C.

The charges established herein shall be placed in the extension and replacement fund of the metropolitan department of water and sewerage services.

D.

"Unit of flow," as used in this section, is defined as three hundred fifty gallons per day expected average usage, and "existing sewer" shall mean the extension of a public sewer is not required to serve the property.

E.

The passage of this section shall not void any existing contractual commitments for sewer capacity made by the metropolitan government, department of water and sewerage services, on its obligations assumed by the acquisition of other utility districts. In those instances where the department of water and sewerage services has notified developers of available capacity, such notice shall serve as a commitment of the stated capacity during the term specified in such notice, if any, or, if no term is specified, for one year after the adoption of this section. A "master plan development area" shall be defined as an area on which a plan has received preliminary approval by the planning commission for overall orderly development although the actual development of such area is to be conducted in stages. The sewer assessment fee for a master plan development area shall be exempted for the approved number of units for a period of two years from the date of passage of this section, provided that an overall plan for providing sewer service has been accepted by the department of water and sewerage service as the basis for approval of construction plans for sanitary sewers to serve the master plan development area. The passage of this section shall supersede and void, after two years, future application of the funding arrangement previously established for the Larchwood Drainage Basin by Ordinance No. 081-724, said ordinance being repealed effective two years after passage of this section. After two years, charges in Larchwood will be collected pursuant to the terms of this section. All existing contracts shall be honored relating to Larchwood.

F.

Except in cases covered by Section 15.36.070 of the Metropolitan Code of Laws, all charges established under this section shall be due and payable prior to the issuance of a permit for service connection to the public sewer. If a developer prepays any part or all of the fee charge, such payment may be indicated with the filing of the property subdivision plat or other duly recorded instrument. This contribution may be in the form of cash payments or equivalent construction cost. In the event a developer contributes, in equivalent construction cost, an amount greater than the charge established by this section, such developers shall be reimbursed for such contribution to that extent when the department collects other applicable fees from properties served by that project. Any such reimbursement shall be made only after the metropolitan government has been reimbursed the entirety of its cost. The department of water and sewerage services shall keep permanent records for each project and all contractual obligations shall be sworn to and executed by the participating party. The director of the department of water and sewerage services is authorized to enter into said agreements in behalf of the metropolitan government.

(Ord. BL2009-407 § 5, 2009; Ord. BL2008-215 §§ 6, 7, 2008; Ord. BL2007-1457 § 8, 2007; Ord. BL2006-1095 § 3, 2006; prior code § 40-1-102.1)