[R.O. 2014 §500.440; Ord. No. 1196 §§1 — 6, 2-9-2006; Ord. No. 1241 §1, 11-11-2006; Ord. No. 1253 §1, 1-25-2007; Ord. No. 1283 §1, 5-22-2007]
A.
A water
capacity fee is hereby established and imposed upon all new construction
within the City. The water capacity fee shall be charged in accordance
with a schedule of fees (the "water capacity fee schedule") established
by the Board of Aldermen and which shall be set forth in Schedule
A to this Chapter and maintained at the Building Regulations Department.
The water capacity fee schedule shall be based upon actual costs
relating to and charged to the City to provide, operate and maintain
the City water system, but shall not include major capital expenditures
such as water towers, associated piping and wells.
B.
The
Mayor of the City of Marshfield shall appoint, every two (2) years,
with the approval of the Board of Aldermen, a Capacity Committee consisting
of two (2) Board of Aldermen members and three (3) other members who
shall review this ordinance, hear appeals and make recommendations
to the Board of Aldermen concerning changes, additions, adjustments
or other items concerning the capacity ordinances. The Mayor may
assign City staff as necessary to assist the committee with their
assigned duties. The Capacity Committee shall elect a Chairman who
will schedule meeting times and dates for appeals and/or review of
this schedule.
C.
The
water capacity fee ordinance and fees shall be reviewed every two
(2) years by the Capacity Committee and shall make recommendations
to the Board of Aldermen as to the need for any additions and/or deletions,
adjustment of fees or other revisions as may be required.
D.
Water
capacity fees must be paid to the City in conjunction with, and as
a condition to the issuance of, a building permit.
E.
Any
use not listed will be placed in the most appropriate category or
placed in the non-categorized bracket. Appeals will be made to the
Capacity Fee Committee who will make a recommendation to the Board
of Aldermen concerning the appeal. During this time the required
fee will be held by the City until a determination is made and approved
by the Board of Aldermen.
F.
A person
may make an appeal to the Capacity Committee by submitting in writing
on a form provided by the City describing the reason for an appeal
and other information supporting the appeal.
G.
No
water capacity fees shall be assessed on existing customers or residences
currently utilizing the municipal water system for reconstruction
or remodeling. However, capacity fees will apply for all new construction,
additions, detached structures, in-fills and all other new users of
the water system of the City of Marshfield. If there is a change
in the type of use as outlined in the fee schedule and the change
is less, a capacity fee charge will not be assessed.
H.
All
fees collected by the City from said capacity fees shall be deposited
in the Water Fund and shall be used solely for the purpose of improvements
to the water systems production, pumping, and/or storage facilities;
said fund shall be expended only in the manner and for the purposes
of capacity expansion of the water system or dire emergency.
I.
Water
capacity fees for structures outside the City limits, as they now
exist or as may be extended in the future, shall be assessed at twice
the rates provided for herein.
J.
As
used herein, the term "new construction" shall also include reconstruction
of or addition to an existing structure that accommodates a change
of use which creates additional demands on water capacity.
[R.O. 2014 §500.450; Ord. No. 1195 §§1 — 5, 2-9-2006; Ord. No. 1240 §1, 11-11-2006; Ord. No. 1252 §1, 1-25-2007; Ord. No. 1275 §1, 5-22-2007]
A.
A sewer
capacity fee is hereby established and imposed upon all new construction
within the City. The sewer capacity fee shall be charged in accordance
with a schedule of fees (the "sewer capacity fee schedule") established
by the Board of Aldermen and which shall be set forth in Schedule
A to this Chapter and maintained at the Building Regulations Department.
The sewer capacity fee schedule shall be based upon actual costs
relating to and charged to the City to provide, operate and maintain
the City wastewater treatment and collection systems, but shall not
include major capital expenditures such as treatment facilities, major
trunk lines and additional lift pump stations.
B.
The
Mayor of the City of Marshfield shall appoint, every two (2) years,
with the approval of the Board of Aldermen, a Capacity Committee consisting
of two (2) Board of Aldermen members and three (3) other members who
shall review this ordinance, hear appeals and make recommendations
to the Board of Aldermen concerning changes, additions, adjustments
or other items concerning the capacity ordinances. The Mayor may
assign City staff as necessary to assist the committee with their
assigned duties. The Capacity Committee shall elect a Chairman who
will schedule meeting times and dates for appeals and/or review of
this schedule.
C.
The
sewer capacity fee ordinances and fees shall be reviewed every two
(2) years by the Capacity Committee and shall make recommendations
to the Board of Aldermen as to the need for any additions and/or deletions,
adjustment of fees or other revisions as may be required.
D.
Sewer
capacity fees must be paid to the City in conjunction with, and as
a condition to the issuance of, a building permit.
E.
Any
use not listed will be placed in the most appropriate category or
placed in the non-categorized bracket. Appeals will be made to the
Capacity Fee Committee who will make a recommendation to the Board
of Aldermen concerning the appeal. During this time the required
fee will be held by the City until a determination is made and approved
by the Board of Aldermen.
F.
A person
may make an appeal to the Capacity Committee by submitting in writing
on a form provided by the City describing the reason for an appeal
and other information supporting the appeal.
G.
No
sewer capacity fees shall be assessed on existing customers or residences
currently utilizing the municipal sewer system for reconstruction
or remodeling. However, capacity fees will apply for all new construction,
additions, detached structures, in-fills and all other new users of
the sewer system of the City of Marshfield. If there is a change
in the type of use as outlined in the fee schedule and the change
is less, a capacity fee charge will not be assessed.
H.
All
fees collected by the City from said capacity fees shall be deposited
in the Sewer Fund and shall be used solely for the purpose of improvements
to the sewer system collection, treatment and/or storage facilities;
said fund shall be expended only in the manner and for the purposes
of capacity expansion of the sewer system or dire emergency.
I.
As
used herein, the term "new construction" shall also include reconstruction
of or addition to an existing structure that accommodates a change
of use which creates additional demands on sewer capacity.
[R.O. 2014 §500.460; Ord. No. 1202 §§1 — 9, 2-23-2006; Ord. No. 1327 §§1 — 9, 3-13-2008]
A.
Establishment Of A Developer Water Cost Share Fee. A fee
is hereby established and imposed upon the connection to water infrastructure
that is hereafter constructed by the City, or constructed by a developer
and dedicated to the City, for the purpose of providing a means of
equitable reimbursement of the costs incurred in the construction
of such infrastructure (the "developer water cost share fee"). The
developer water cost share fee shall be imposed upon all persons who
build and/or develop land in the area to be served by said infrastructure,
including all property that can be served by the water extension.
B.
Method Of Calculation.
1.
The developer water cost share fees shall be calculated for each
service area based upon the actual costs incurred to construct water
lines, pumping stations and other water infrastructure in each respective
area. Developer water cost share fees will only be assessed on the
infrastructure necessary to convey water to the development. Calculations
involving fee rates do not discount existing or future road right-of-ways
or common property areas.
2.
The developer water cost share fee shall be computed by obtaining
the total acres of the service area of said water system infrastructure
extension outside of the existing water infrastructure area and dividing
that number into the costs of only the portion of the existing water
system needed to serve the proposed lot or development times the actual
acres in the proposed lot or development. This fee will be charged
at the time of permitting and will be adjusted based on actual construction
cost. An example of this calculation is as follows:
For a total watershed area of one hundred (100) acres, a development
of twenty (20) acres and an estimated infrastructure cost of two hundred
fifty thousand dollars ($250,000.00), the calculation is:
($250,000.00/100 acres) * 20 acres = $50,000.00 cost share fee.
3.
Upon completion of construction of said infrastructure and prior
to acceptance by the City, the developer shall submit to the Superintendent
an engineered cost share report setting forth the total actual cost
of construction, excluding individual tap-in connections, per segment
of water infrastructure. The Superintendent may, in his or her discretion,
determine that certain costs and/or area should not be allowed in
computing the developer water cost share fee.
C.
Exemptions. Properties that have City water service available
prior to the water extension are exempt from impositions of the developer
water cost share fees described herein.
D.
Determination Of Applicable Area. The area utilized to determine
specific fees shall include the full drainage basis area that may
physically utilize the subject infrastructure, irrespective of land
that may be dedicated as right-of-way or common areas in the future.
In some basins, the outer limit of the service area is outside the
City's service boundary. In the event that a property owner desires
to connect to the publicly owned water system, and all or a portion
of that property lies outside of the City's service boundary, the
acreage of the entire tract shall be utilized to determine the total
fee.
E.
Collection And Disbursements.
1.
Prior to the issuance of a water infrastructure construction permit
or building construction permit, the City staff will determine the
applicability of the developer water cost share fees. If it is determined
that the fees are required, such fees shall be added to the appropriate
water construction permit application and must be paid by the applicant
prior to the issuance of the permit. Collection for all other persons
requesting connection to the utility shall occur in conjunction with
a building permit.
2.
All developer water cost share fees will be posted to separate line
item accounts and tracked by the respective service basins. Uses of
these fees should be limited to the payment of debt service for the
original construction or for the improvement or expansion of water
service in each of the respective areas. Any funds owed to an individual
developer or the City will be reimbursed annually, up to fifteen (15)
years after City acceptance of the water system or until all of the
costs of the utilized water conveyance system are paid in full. The
interest rate applied to the reimbursement shall be five percent (5%)
per annum.
F.
Unlawful Connections — Procedure For Disconnection.
1.
It shall be unlawful for any person required to pay a developer water
cost share fee to connect to the City's water system without paying
such fee, and any such connection shall be subject to disconnection
as set forth herein.
2.
Upon discovery of an unlawful connection, the Board of Aldermen shall
conduct a hearing prior to disconnecting all structures on the subject
property from the water system. Notice of such hearing shall be mailed
no less than fifteen (15) days, via registered mail, to the address
of the property owner as the same is maintained by the Webster County
Assessor's office.
3.
If, after having received a notice of hearing by the City, the property
owner pays all fees and costs associated with connection to the water
system, the City will allow that connection to remain connected.
4.
In the event that it is determined that developer water cost share
fees are required, and the property owner is disconnected from the
water system, the property owner shall, prior to the restoration of
service, reimburse the City an amount equal to the resources expended
to undertake said disconnection in addition to the payment of the
developer water cost share fees.
5.
Nothing herein shall prevent the City from pursuing any remedy that
it may have for violations of this Section, whether the same is at
law or in equity, by suit, action or other proceeding.
G.
Termination Of Fee. If and when the historical sum of developer
water cost share fees collected for any area equals the original certified
construction costs or when the original designed capacity has been
reached, the imposition of developer water cost share fees for that
area shall cease. If the total fee required for any area exceeds the
original certified construction costs in any area, a partial fee will
be refunded so that the original certified construction costs will
not be surpassed.
H.
Interpretation And Application. The Board of Aldermen or
their designated representative(s), in their sole discretion, shall
interpret and determine the applicability of the provisions contained
herein, correct errors or omissions, address currently unidentified
circumstances and supplement or amend administrative rules and regulations
as are necessary for the equitable imposition of the developer water
cost share fee.
I.
Appeals. Any property owner may appeal the determination
of the Superintendent regarding the developer water cost share fee
to the City Administrator. Such appeal shall be in writing and shall
be submitted within fifteen (15) days of the Superintendent's determination.
The City Administrator shall affirm, reverse or modify, in whole or
in part, the Superintendent's determination within fifteen (15) days
of receipt of the appeal. In the event that property owner's appeal
is denied, in whole or in part, by the City Administrator, the property
owner may appeal the determination of the Superintendent to the Board
of Aldermen. Such appeal shall be in writing and shall be submitted
within fifteen (15) days of the City Administrator's ruling. The Board
of Aldermen shall affirm, reverse or modify, in whole or in part,
the Superintendent's determination within sixty (60) days of receipt
of the appeal.
[R.O. 2014 §500.470; Ord. No. 1203 §§1 — 9, 2-23-2006; Ord. No. 1328 §§1 — 9, 3-13-2008]
A.
Establishment Of A Developer Sewer Cost Share Fee. A fee
is hereby established and imposed upon the connection to sewage infrastructure
that is hereafter constructed by the City, or constructed by a developer
and dedicated to the City, for the purpose of providing a means of
equitable reimbursement of the costs incurred in the construction
of such infrastructure (the "developer sewer cost share fee"). The
developer sewer cost share fee shall be imposed upon all persons who
build and/or develop land in the area to be served by said infrastructure,
including all property that can gravity feed to the sewage system
or is pumped from an adjoining watershed.
B.
Method Of Calculation.
1.
The developer sewer cost share fees shall be calculated for each
service area based upon the actual costs incurred to construct gravity
mains and interceptors, manholes, wetwells, telemetry equipment, pumping
stations and force mains in each respective area. Developer sewer
cost share fees will only be assessed on the infrastructure necessary
to convey sewage from within the development to a City sewerage system.
Calculations involving fee rates do not discount existing or future
road right-of-ways or common property areas.
2.
The developer sewer cost share fee shall be computed by obtaining
the total acres of the service area (total watershed) outside of the
existing sewer infrastructure area and dividing that number into the
costs of only the portion of the existing sewer system needed to serve
the proposed lot or development times the actual acres in the proposed
lot or development. This fee will be charged at the time of permitting
and will be adjusted based on actual construction cost. An example
of this calculation is as follows:
For a total watershed area of one hundred (100) acres, a development
of twenty (20) acres and an estimated infrastructure cost of two hundred
fifty thousand dollars ($250,000.00), the calculation is:
($250,000.00/100 acres) * 20 acres = $50,000.00 cost share fee.
3.
Upon completion of construction of said sewage infrastructure and
prior to acceptance by the City, the developer shall submit to the
Superintendent an engineered cost share report setting forth the total
actual cost of construction, excluding individual tap-in connections,
per segment of sewer infrastructure. The Superintendent may, in his
or her discretion, determine that certain costs and/or area should
not be allowed in computing the developer sewer cost share fee.
C.
Exemptions. Properties that have City sewer service available
prior to the additional sewer extension are exempt from impositions
of the developer sewer cost share fees described herein.
D.
Determination Of Applicable Area. The area utilized to determine
specific fees shall include the full drainage basis area that may
physically utilize the subject infrastructure, irrespective of land
that may be dedicated as right-of-way or common areas in the future.
In some basins, the outer limit of the service area is outside the
City's service boundary. In the event that a property owner desires
to connect to the publicly owned treatment facility, and all or a
portion of that property lies outside of the City service boundary,
the acreage of the entire tract shall be utilized to determine the
total fee.
E.
Collection And Disbursements.
1.
Prior to the issuance of a City sewer construction permit or building
construction permit, the City staff will determine the applicability
of the developer sewer cost share fees. If it is determined that the
fees are required, such fees shall be added to the appropriate sewer
construction permit application and must be paid by the applicant
prior to the issuance of the permit. Collection for all other persons
requesting connection to the utility shall occur in conjunction with
a building permit.
2.
All developer sewer cost share fees will be posted to separate line
item accounts and tracked by the respective service basins. Uses of
these fees should be limited to the payment of debt service for the
original construction or for the improvement or expansion of sanitary
sewer service in each of the respective basins. Any funds owed to
an individual developer or the City will be reimbursed annually, up
to fifteen (15) years after City acceptance of the sewer system or
until all of the costs of the utilized sewer conveyance system are
paid in full. The interest rate applied to the reimbursement shall
be five percent (5%) per annum.
F.
Unlawful Connections — Procedure For Disconnection.
1.
It shall be unlawful for any person required to pay a developer sewer
cost share fee to connect to the City's sanitary sewer without paying
such fee, and any such connection shall be subject to disconnection
as set forth herein.
2.
Upon discovery of an unlawful connection, the Board of Aldermen shall
conduct a hearing prior to disconnecting all structures on the subject
property from the sanitary sewer system. Notice of such hearing shall
be mailed no less than fifteen (15) days, via registered mail, to
the address of the property owner as the same is maintained by the
Webster County Assessor's office.
3.
If, after having received a notice of hearing by the City, the property
owner pays all fees and costs associated with connection to the sanitary
sewer, the City will allow that connection to remain connected.
4.
In the event that it is determined that developer sewer cost share
fees are required, and the property owner is disconnected from the
sanitary sewer system, the property owner shall, prior to the restoration
of service, reimburse the City an amount equal to the resources expended
to undertake said disconnection in addition to the payment of the
developer sewer cost share fees.
5.
Nothing herein shall prevent the City from pursuing any remedy that
it may have for violations of this Section, whether the same is at
law or in equity, by suit, action or other proceeding.
G.
Termination Of Fee. If and when the historical sum of developer
sewer cost share fees collected for any area equals the original certified
construction costs or when the original designed capacity has been
reached, the imposition of developer sewer cost share fees for that
area shall cease. If the total fee required for any area exceeds the
original certified construction costs in any area, a partial fee will
be refunded so that the original certified construction costs will
not be surpassed.
H.
Interpretation And Application. The Board of Aldermen or
their designated representative(s), in their sole discretion, shall
interpret and determine the applicability of the provisions contained
herein, correct errors or omissions, address currently unidentified
circumstances and supplement or amend administrative rules and regulations
as are necessary for the equitable imposition of the developer sewer
cost share fee.
I.
Appeals. Any property owner may appeal the determination
of the Superintendent regarding the developer sewer cost share fee
to the City Administrator. Such appeal shall be in writing and shall
be submitted within fifteen (15) days of the Superintendent's determination.
The City Administrator shall affirm, reverse or modify, in whole or
in part, the Superintendent's determination within fifteen (15) days
of receipt of the appeal. In the event that property owner's appeal
is denied, in whole or in part, by the City Administrator, the property
owner may appeal the determination of the Superintendent to the Board
of Aldermen. Such appeal shall be in writing and shall be submitted
within fifteen (15) days of the City Administrator's ruling. The Board
of Aldermen shall affirm, reverse or modify, in whole or in part,
the Superintendent's determination within sixty (60) days of receipt
of the appeal.
