The Mayville Water Utility shall be managed
by the Mayville Utility Commission under the general direction of
the Council and in accordance with § 66.0805, Wis. Stats.,
and this article.
A.
General. The rates and rules and regulations governing
the operation of the Mayville Water Utility shall be those provided
in this article and those on file with and approved by the Wisconsin
Public Service Commission and the Department of Natural Resources.
A violation of any such rules and regulations shall be a violation
of this article.
B.
Operating rules.
(1)
Applicability. All persons now receiving water service
from the Utility or who may hereafter make application therefor shall
be considered as having agreed to be bound by all rules and regulations
provided in this article and as filed with the Public Service Commission.
(2)
Public Service Commission rules adopted. The provisions of Ch. PSC 185, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any such rules shall constitute a violation of this section and shall be punishable as provided in § 355-21 of this article.
[Amended 3-10-2008 by Ord. No. 1006-2008]
Application for service shall be made on a form
provided by the Utility.
A.
Service pipes shall not be laid across and connect
adjoining premises, whether owned by the same or different parties.
B.
Whenever service pipes have to be replaced or whenever
permanent street improvements are made and conditions contrary to
the provisions of this section exist, they shall be corrected.
C.
Prior to the transfer of any parcel of property served
by unapproved methods, any condition conflicting with the provisions
of this article shall be corrected to comply by the owner before water
service shall be turned on for the new owner.
A.
Permit required. Except for Fire Department use, no
person shall use water from any hydrant until a permit therefor has
been obtained from the Director of Utilities.
B.
Fees and charges. All applicable fees and estimated
volume charges shall be paid before the permit shall be issued.
C.
Sprinkler valve required. No water shall be taken
from a hydrant until a sprinkler valve has been installed and the
hydrant valve set by the Utility.
D.
Payment of final charges. At the completion of the
project, the permittee shall return the permit to the Director of
Utilities and shall pay the metered volume charge.
[Amended 3-12-2018 by Ord. No. 1095-2018; 3-8-2021 by Ord. No. 1120-2021]
A.
Service pipe leaks.
(1)
Repair required. It shall be the responsibility of the property owner
to repair leaking service pipes within a reasonable time after knowledge
of the leak. If repair is not made within a reasonable time, the Utility
shall charge for the lost water.
B.
Lead water service lateral replacement.
(1)
Intent and purpose. The Utility Commission finds that it is in the
public interest to establish a comprehensive program for the removal
and replacement of lead water service laterals in use within both
the City utilities water system and in private systems and, to that
end, declares the purpose to this section to be as follows:
(a)
To ensure that the water quality at every tap of utility customers
meets the water quality standards specified under the federal law.
(b)
To reduce the lead in City drinking water to meet the Environmental
Protections Agency (EPA) standards and ideally to a lead contaminant
level of zero in City drinking water for the health of City residents.
(c)
To meet anticipated Wisconsin Department of Natural Resource
(WDNR) requirements for local compliance with the Lead and Copper
Rule (See 56 CFR 26460, 40 CFR 141.80 through 141.90 and §§ NR
809.541 through 809.55, Wis. Adm. Code.) and to meet eligibility requirements
for the Safe Drinking Water Loan Program.
(2)
Replacement during scheduled water system reconstruction projects
funded by WDNR Safe Drinking Water Loans.
(a)
Inspection required. All private connections to the public water
mains shall be inspected at the time that the utility system is to
be reconstructed.
[1]
Any existing lead water service lateral shall be considered
illegal.
[2]
Prior to the actual reconstruction of the water main and lateral
system, each property owner shall be given written notice of the project.
Such notice shall be made not less than 30 days prior to commencement
of the actual work.
[3]
In the event that the water service lateral does not contain
lead, the City shall reconnect the same to the utility system at the
curb stop shutoff point.
[4]
In the event that the water service lateral is found to contain
lead, the Director of Utilities or a designee shall immediately notify
the owner, in writing, of the fact.
(b)
Owner to replace lead water service laterals. The owner shall
replace the lead service lateral in conjunction with the Lead Water
Service Replacement Program. In all cases, the City shall supply a
connection at the curb stop shutoff point as part of its work.
[1]
Within 30 days of the date of the notice to the owner, provided pursuant to Subsection B(2)(a)[4] of this section, the owner shall contract with a licensed contractor to complete the replacement and provide notice to the Utility Commission that the owner has arranged for such replacement. All work must then be completed within 30 days of the date the owner provides notice to the Utility Commission that the owner has arranged for such replacement. All work needed to accomplish the replacement shall be done in conjunction with the Lead Water Service Replacement Program, to the extent that program funds are available. Replacement of the lead water service lateral must be completed from the curb stop shutoff point to the normal connection point inside the building prior to reconnection to the new City water main and service lateral system.
[2]
The City may, as part of any project, request unit bid prices for the calculation of the cost of making appropriate replacements to the lead water service laterals. If available, and if the owner selects this option, the owner shall make arrangements with the contractor to pay the entire cost of making the lead water service lateral replacement. The replacement shall otherwise take place according to the terms of Subsection B(2)(b)[1] of this section.
(c)
City to replace lead water service laterals at owner’s cost. If an owner refuses to replace a lead water service lateral under the provisions of Subsection B(2)(b)[1] or [2] of this section, then the City may replace the lead service lateral, at the owner’s cost, as follows:
[1]
Within 30 days of the date of the notice to the owner provided pursuant to Subsection B(2)(a)[4] of this section, if the owner has not contracted with a licensed contractor to replace the lead water service lateral and provided notice to the Utility Commission that the owner has arranged for such replacement, then the City may apply for and obtain an appropriate court-issued warrant pursuant to §§ 66.0119 and 196.171, Wis. Stats, to gain access to the property and have the required work performed pursuant to § 281.45, Wis. Stats., according to the City’s usual timetable for completing such replacement. The cost of such improvements shall be assessed to the owner as a special assessment in accordance with the provisions of § 66.0911, Wis. Stats., and this subsection.
[2]
The owner will be charged the entire cost of making the repair. The
owner’s share of the cost shall be assessed to the property
as a special assessment. Upon receipt of an invoice for this special
assessment from the Utility Commission or City Treasurer, the owner
may pay the invoice, without interest, by remitting payment to the
City Treasurer within 45 days of the date of the invoice. If such
invoices are not paid in full within the specified time, they shall
be placed upon the tax roll under the following terms and conditions
and in the following manner: If the total amount of the principal
of the invoice remaining unpaid equals or exceeds $125, it shall be
spread equally over the first available and next succeeding nine tax
rolls. If the total amount of the principal of the invoice remaining
unpaid is less than $125, the amount shall be placed on the first
available tax roll.
(3)
Unscheduled water utility repair.
(a)
In the event that a leak or failure has been discovered on the privately owned portion of a lead water service lateral from the curb stop shutoff point to the normal connection point inside the building, the lead water service lateral shall be replaced upon notice to the owner pursuant to Subsection B(2)(a)[4] of this section and using the same procedures applicable to replacement under either Subsection B(2)(b) or (c) of this section.
(b)
In the event the utility-owned portion of the lead water service lateral from the water main to the curb stop shutoff point is replaced due to unscheduled water utility repair, the privately owned portion of the lead water service lateral from the curb stop shutoff point to the normal connection point inside the building shall be replaced upon notice to the owner pursuant to Subsection B(2)(a)[4] of this section and using the same procedures applicable to replacement under either Subsection B(2)(b) or (c) of this section.
(c)
In the event the curb stop valve is repaired or replaced, the City will collect a water sample from the property owner for a laboratory test for lead. If the results of the sample show a level of lead exceeding the EPA standards for drinking water, the privately owned portion of the lead water service lateral from the curb stop shutoff point to the normal connection point inside the building shall replaced upon notice to the owner pursuant to Subsection B(2)(a)[4] of this section and using the same procedures applicable to replacement under either Subsection B(2)(b) or (c) of this section.
C.
Construction
and enforcement.
(1)
Prohibitions.
It shall be unlawful for any person to fail to comply with the applicable
lead water service lateral replacement requirements as set forth in
this section or to violate any other provision of this section.
(2)
Penalties. Any person who violates any provision of this section may be subject to a forfeiture in accordance with the provisions of City Code § 1-4. Each day a violation continues may be considered a separate offense.
(3)
Authority to discontinue service. As an alternative to any other methods provided for obtaining compliance with the requirements of this section regarding replacement of illegal lead water service laterals, the Utility Commission may, no sooner than 30 days after the giving of written notice to the owner pursuant to Subsection B(2)(a)[4] of this section, discontinue water service to such property served by the illegal lead water service lateral after reasonable notice and an opportunity for hearing before the Utility Commission under Ch. 68, Wis. Stats.
(4)
Severability.
If any subsection or portion of this section is for any reason held
to be invalid or unconstitutional by a decision of a court of competent
jurisdiction, that subsection or portion shall be deemed severable
and shall not affect the validity of the remaining portions of this
chapter.
A.
Installation. Upon written application, approved by
the Utility Commission or the Director of Utilities, any property
owner may install water mains and hydrants for private fire protection.
B.
Cost. The total cost of installation shall be paid
by the applicant.
C.
Specifications. Materials used and the method of installation
shall be approved by the Director of Utilities prior to use, and installation
shall comply with Standard Specifications for Sewer and Water Construction
in Wisconsin and shall be inspected by the Director of Utilities before
closing the trench.
D.
Rate charge. Such fire protection, as installed, is
subject to rate charges as set by the prevailing State Public Service
Commission rate order.
A.
Assignment of expense. Frozen services shall be thawed
out by and at the expense of the Water Utility, except where the freezing
was caused by contributory fault or negligence on the part of the
consumer, such as reduction of the grade or undue exposure of the
piping in the building or on the consumer's property or the failure
to comply with Water Utility specifications and requirements as to
depth of service, lack of sufficient backfill and similar requirements.
[Amended 3-10-2008 by Ord. No. 1006-2008]
B.
Preventive measures. Following the freezing of a consumer's
service, the Water Utility shall take such steps and issue such instructions
as may be necessary to prevent refreezing of the service. No charge
will be made for rethawings if the instructions are followed. The
Utility shall install a drip line in front of the meter to prevent
additional freeze-ups.
The consumer shall protect the stop box in his
terrace and shall keep the same free from dirt and other obstructions.
The Water Utility shall not be liable for failure to locate the stop
box and shut off the water in case of a leak on the consumer's premises.
[1]
Editor's Note: Former § 355-17, Fluoridation, as
amended 3-11-2013 by Ord. No. 1051-2013, was repealed 10-12-2020 by Ord. No.
1117-2020.
[Amended 1-11-2021 by Ord. No. 1119-2020]
A.
Definition of cross-connection. A cross-connection
is defined as any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the City
of Mayville's public water system and the other of which contains
water from a private source, water of unknown or questionable safety,
or steam, gases, or chemicals, whereby there may be a flow from one
system to the other, with the direction of flow depending on the pressure
differential between the two systems.
B.
Unprotected cross-connections prohibited. No person,
firm, or corporation may establish or maintain, or permit to be established
or maintained, any unprotected cross-connection. Cross-connections
shall be protected as required in Ch. SPS 382, Wis. Adm. Code.
C.
Inspection. The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. As an alternative, the water utility may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin certified cross-connection inspector/surveyor. The frequency of inspections shall be established by the water utility in accordance with Wisconsin Administrative Code. Any unprotected cross-connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
D.
Right of entry. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
E.
Provision of requested information. The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
F.
Discontinuation of water for violation. The water utility may discontinue water service to any property wherein any unprotected connection in violation of this section exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection G of this section. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
G.
Emergency
discontinuance. If it is determined by the water utility that an unprotected
cross-connection or emergency endangers public health, safety, or
welfare, and requires immediate action, and if a written finding to
that effect is filed with the City Clerk and delivered to the customer's
premises, water service may be immediately discontinued. The customer
shall have an opportunity for hearing under Ch. 68, Wis. Stats., within
10 days of such emergency discontinuance. Water service to such property
shall not be restored until the unprotected cross-connection has been
eliminated.[1]
A.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The community water system owned by the City.
A well or pump installation which does not comply with Ch.
NR 812, Subchapter IV, Standards for Existing Installations, Wis.
Adm. Code, and which has not been granted a variance pursuant to § NR
812.43, Wis. Adm. Code.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
A well or pump installation which produces water which is
bacteriologically contaminated or exceeds the drinking water standards
of § NR 812.06, Wis. Adm. Code, or for which a health advisory
has been issued by the Department of Natural Resources.
A well or pump installation which is not used or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater.
The filling and sealing of a well according to the provisions
of § NR 812.26, Wis. Adm. Code.
B.
Abandonment required. All wells on premises served
by the municipal water system shall be abandoned in accordance with
the terms of this section and Ch. NR 812, Wis. Adm. Code, no later
than one year from the date of connection to the municipal water system,
unless a well operation permit has been obtained by the well owner
from the Director of Utilities.
C.
Well operation permit. The Director of Utilities shall
grant permit to a well owner to operate a well for a period of five
years provided that the conditions of this section are met. An owner
may request renewal of a well operation permit by submitting information
verifying that the conditions of this section are met. The applicant,
or his agent, may conduct inspections or have water quality tests
conducted at the applicant's expense to obtain or verify information
necessary for consideration of a permit application or renewal. Permit
applications and renewals shall be made on forms provided by the Director
of Utilities. The following conditions must be met for issuance or
renewal of a well operation permit:
(1)
The well and pump installation shall meet, or shall
be upgraded to meet, the requirements of Ch. NR 812, Wis. Adm. Code,
and have a functional pumping system.
(2)
The well and pump installation shall have a history
of producing bacteriologically safe water as evidenced by at least
two samples taken a minimum of two weeks apart as tested by a state-certified
laboratory. No exception to this condition may be made for unsafe
wells, unless the Department of Natural Resources approves, in writing,
the continued use of the well.
(3)
There shall be no cross-connections between the well's
pump installation and the municipal water system.
(4)
The proposed use of the well and pump installation
can be justified to be reasonable in addition to water provided by
the municipal water system.
(5)
The applicant shall pay a fee in the amount as set
by the Common Council in addition to any other expenses charged under
this section.
D.
Abandonment procedures.
(1)
All wells required to be abandoned by this section
shall be abandoned according to the procedures and methods of § NR
812.26, Wis. Adm. Code.
(2)
All debris, pumps, piping, unsealed liners and any
other obstructions which may interfere with sealing operations shall
be removed prior to abandonment.
(3)
The owner of the well, or the owner's agent, shall
notify the Director of Utilities at least 48 hours prior to commencement
of any well abandonment activities.
(4)
The abandonment of the well shall be observed by the
Director of Utilities or such person as he may designate.
(5)
A completed abandonment report form, supplied by the
Department of Natural Resources, shall be submitted by the well owner
to the Director of Utilities and the Department of Natural Resources
within 10 days of the completion of the well abandonment.
E.
Abandonment by City. If any person fails to abandon
a well as required by this section within 30 days after being given
written notice of said failure, the City may cause the well abandonment
to be performed and the expense to be assessed as a special tax against
the property. Notice shall be considered given upon personal service
on an owner of the property or upon mailing by certified mail to the
last known address of the owner of the property according to the records
of the Water Utility. The remedy provided by this subsection is in
addition to, and not in lieu of, forfeitures and other penalties and
remedies for failure to comply with this section.
[Added 3-10-2003 by Ord. No. 938-2003; amended 3-10-2008 by Ord. No. 1006-2008; 3-9-2009 by Ord. No. 1015-2008]
A.
Introduction and purpose. Pursuant to the authority
of § 66.0617, Wis. Stats., the local impact fees enabling
legislation, the purpose of this section is to establish the mechanism
for the imposition of impact fees upon developers to finance the capital
costs of acquiring, establishing, upgrading, expanding and constructing
public facilities which are necessary to accommodate land development.
The City intends to assure that new development bears an appropriate
share of the cost of capital expenditures necessary to provide public
facilities within the City of Mayville and its service areas as they
are required to serve the needs arising out of land development.
B.
CAPITAL COSTS
CITY
DEVELOPER
IMPACT FEE
LAND DEVELOPMENT
PUBLIC FACILITIES
RESIDENTIAL EQUIVALENT UNIT (REU)
SERVICE AREA
SERVICE STANDARD
WATER UTILITY
Definitions. In this section, the following terms
shall have the meanings indicated:
The capital costs to construct, expand or improve public
facilities, including the cost of land, and including legal, engineering
and design costs to construct, expand or improve public facilities,
except that not more than 10% of capital costs may consist of legal,
engineering and design costs unless the municipality can demonstrate
that its legal, engineering and design costs which relate directly
to the public improvement for which the impact fees were imposed exceed
10% of the capital costs. "Capital costs" does not include other noncapital
costs to construct, expand or improve public facilities, vehicles
or the costs of equipment to construct, expand or improve public facilities.
The City of Mayville.
A person that constructs or creates a land development.
A cash fee that is imposed on a developer at the time of
a permit for a new water meter or a change in water meter size is
issued.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the City or its service areas or that results in nonresidential uses
that create a need for new, expanded or improved public facilities
within the City or its service areas.
Facilities for collecting and treating stormwater and surface
water and facilities for pumping, storing and distributing water.
"Public facilities" does not include facilities owned by a school
district.
A unit of measure for impact fees equivalent to one residential
dwelling unit. For purposes of this section, one residential equivalent
is considered equal to the basic residential meter size of 5/8 inch
or 3/4 inch.
A geographic area delineated by the Common Council within
which the City provides public facilities.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land or other appropriate
measure as specified by the Common Council.
The Water Utility of the City of Mayville.
C.
Impact fee revenue administration.
(1)
Revenues from impact fees shall be placed in a single, separate, segregated, interest-bearing account and shall be accounted for separately from other City funds. Impact fee revenues and interest earned thereon may be expended only for the particular capital costs for which the impact fees were imposed, unless the fee is refunded under Subsection G.
D.
Use of impact fees. Funds collected from impact fees
shall be used solely for the purpose of paying the proportionate costs
of providing public facilities that may become necessary due to land
development. These costs may include the costs of debt service on
bonds or similar debt instruments when the debt has been incurred
for the purpose of proceeding with designated public facilities projects
even though it is incurred prior to the collection of all anticipated
impact fees for that project, to reimburse the City Water Utility
for advances of other funds or reserves, and such other purposes consistent
with § 66.0617, Wis. Stats., which are recorded and approved
by the Common Council.
E.
Payment of impact fees. All required impact fees,
unless expressly exempted in a subsection of this section, shall be
paid in full upon the issuance of a permit for a new water meter or
change in water meter size, whichever is applicable. Impact fee payments
shall be assumed to be the responsibility of the developer or owner
of record at the time a permit for a new water meter or a change in
water meter size is requested.
F.
Appeals. The payment of an impact fee imposed under
this section as a condition of a permit for a new water meter or a
change in water meter size may be contested as to the amount, collection
or use of the impact fee to the Common Council, provided that the
applicant files a written notice of appeal in the City Clerk's office
within 15 days of the approval by the Building Inspector of an application
for a new water meter or a change in water meter size upon which the
impact fee is imposed. Such notice of appeal shall be titled "Notice
of Appeal of Impact Fee" and shall state the applicant's name, address
and telephone number and the address (if available) and legal description
of the real property subject to the land development for which the
impact fee is imposed on the developer and include a statement of
the nature of and reasons for the appeal. The City Clerk shall schedule
the appeal for consideration by the Common Council at a regular meeting
as soon as reasonably practicable under the circumstances and shall
notify the applicant of the time, date and place of such meeting,
in writing, by regular mail, deposited in the mail no later than at
least three days before the date of such meeting. Upon review of such
appeal, the Common Council may adjust the amount, collection or use
of the impact fee upon just and reasonable cause shown.
G.
Refunds of fees paid. Any funds not expended or encumbered as outlined in Subsection H(3) shall be refunded as follows:
(1)
Subject to Subsection G(2), (3), (4) and (5), impact fees that are collected after April 10, 2006, and within seven years of the effective date of this section, but are not used within 10 years after the effective date of this section to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection C(1) above. The reasonable time period within which impact fees must be spent or refunded under this subsection, subject to the ten-year limit in this subsection and the extended time period specified in Subsection G(2), shall be 10 years, given the planning and financing periods for the water tower project.
(2)
The ten-year time limit for using impact fees that is specified under Subsection G(1) may be extended for three years if the City adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, it needs an additional three years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this subsection.
(3)
An impact fee that was collected before January 1, 2003, must be used for the purpose for which it was imposed not later than December 31, 2012. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with any interest that has accumulated, as described in Subsection C(1) above.
(4)
An impact fee that was collected after December 31,
2002, and before April 11, 2006, must be used for the purpose for
which it was imposed not later than the first day of the 120th month beginning after the date on which the fee was collected. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with any interest that has accumulated, as described in Subsection C(1) above.
(5)
With regard to an impact fee collected after April 10, 2006, and that is collected more than seven years after the effective date of this section, such impact fees shall be used within a reasonable period of time after they are collected to pay the capital costs for which they were imposed, or they shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection C(1) above.
H.
General provisions.
(1)
The basis for the imposition of the water impact fees
is the Report on Impact Fees, prepared by Virchow, Krause & Company,
LLP, in November 2002, which is on file in the office of the City
Clerk of the City of Mayville.
(2)
In the interest of fairness and in an effort to better effectuate the purpose of this section as outlined in Subsection A, the City has adopted the attached schedule (Attachment A[1]) relating to the impact fees to be paid prior to the issuance
of a permit for a new water meter or a change in water meter size.
[1]
Editor's Note: Attachment A is on file in
the office of the City Clerk.
(3)
These impact fees shall be collected until the capital
costs associated with the projects specified in the Report on Impact
Fees have been incurred and recouped.
I.
Exemptions.
(1)
The following situations shall be exempted from payment of the impact fees as outlined in Subsection H. Any claim for 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. City staff shall inform applicants of exemptions.
(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 connection is requested and where the water use is
not changed.
(2)
A change in water meter size shall not be exempted
from payment of the impact fee; however, a credit shall be given for
the current impact fee on the old meter size. For example, at the
time of an application for a change from a five-eighths-inch meter
to a one-inch meter, the impact fee would equal the current impact
fee for a one-inch meter less the current impact fee for a five-eighths-inch
meter.
(3)
No impact fee shall be required, nor credited, for
a change in water meter size that results in a decrease in meter size.
J.
Review. The impact fees contained herein shall be
reviewed by the Common Council every two years.
K.
Severability. If any section, phrase, sentence or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct and independent provisions, and such holding shall not affect the validity of the remaining portions thereof, that said amendment to § 355-20 of the City of Mayville Municipal Code shall be in full force and effect after publication of this section as provided by law.
Any person who shall violate any provision of this article or the rules and regulations of the Utility adopted pursuant to this article shall be subject to the penalty as provided in § 1-4 of this Code.
