(a) Definitions. In this section, the following words have the meanings indicated.
(1) "Properties with existing improvements" means improved properties that are supplied water by means of a private well system when County water becomes available or improved properties that have wastewater service by means of a private septic system when County wastewater becomes available.
(2) "Properties with new improvements" means properties with new construction that do not have water supplied by means of a private well system when County water becomes available or properties with new construction that do not have wastewater service by means of a private septic system when County wastewater service becomes available.
(b) Scope. Except for properties in the Mayo Water Reclamation Subdistrict, the charges specified in this section shall apply to each property connecting to the County's water system or wastewater system and to each commercial or industrial property that has an existing connection and undergoes an expansion or addition to the improvements on the property or a change of use that the Director determines will result in an increase in the water required during peak daily usage.
(c) Water system user connection charge. For connections to the County’s water system, the user connection charge is:
(1) for a connection constructed under a County capital project or a petition project initiated in accordance with §
13-5-303, the certified cost of a connection as determined by the Director in accordance with subsection (s); or
(2) for a connection constructed under a private contract administered by the Department, the lesser of the estimated cost of a connection as determined by the Department, or the actual cost of the connection.
(d) Water system capital facility connection charge.Except as provided in subsections (q), (t), and (u) for connections to the County’s water system, the capital facility connection charge for each equivalent dwelling unit is:
(2) $8,501, beginning on July 1, 2020;
(3) $9,351, beginning on July 1, 2021; and
(4) $10,286, beginning on July 1, 2022.
(e) Wastewater system user connection charge. For connections to the County’s wastewater system, the user connection charge is:
(1) for a connection constructed under a County capital project or a petition project initiated in accordance with §
13-5-303, the certified cost of a connection as determined by the Director in accordance with subsection (s); or
(2) for a connection constructed under a private contract administered by the Department, the lesser of the estimated cost of a connection as determined by the Department, or the actual cost of the connection.
(f) Wastewater system capital facility connection charge. Except as provided in subsections (q), (t), and (u) for connections to the County’s wastewater system, the capital facility connection charge for each equivalent dwelling unit is:
(2) $8,501, beginning on July 1, 2020;
(3) $9,351, beginning on July 1, 2021; and
(4) $10,286, beginning on July 1, 2022.
(g) Connection under private contract.
(1) For properties with a connection constructed under a private contract administered by the Department, whether residential or non-residential the user connection charge shall be paid as follows:
(i) A deposit in the amount of the certified cost of a connection as determined by the Director in accordance with subsection (s) shall be paid when an application for connection is made.
(ii) The Department shall provide an estimate of the cost of the connection, and prior to connection, the difference between the deposit paid in accordance with subsection (g)(1)(i) and the estimated cost shall be paid.
(iii) After the connection is completed, if the actual cost of the connection is less than the total amount paid under subsections (g)(1)(i) and (g)(1)(ii), the difference shall be refunded by the Department. If an application for connection, or payment under subsections (g)(1)(i) or (ii), is made for connections to both the water and wastewater system, the costs of both connections shall be totaled for purposes of determining whether a refund is owed under this subsection.
(2) For a property receiving an allocation under §
13-5-403, the capital facility connection charge shall be paid as provided in that section.
(h) Residential properties with existing improvements. Except for payments partially deferred in accordance with § 13-5-815.1
, for residential properties with existing improvements, the applicable user connection charge and capital facility connection charge shall be paid as follows: (1) Both charges shall be paid in full when application for connection is made; or
(2) Any portion of either charge may be paid when an application for connection is made and the remainder shall be financed in 30 annual installments, or for connections eligible for partial deferment under §
13-5-815.1, in 40 annual installments. The installments shall accrue annual interest at the bond rate established by the Controller as of the date of issuance of a construction contract notice to proceed for a petition project or, for all other connections, the date of issuance of a connection permit. Any installments shall be paid within 60 days of the billing date.
(i) Nonresidential properties with existing improvements. For nonresidential properties with existing improvements and for which a connection is constructed under a County capital project or a petition project initiated in accordance with § 13-5-303, the user connection charge and the capital facility connection charge shall be paid in full when application for connection is made. (j) Nonresidential properties with irrigation systems.
(1) All nonresidential users with irrigation systems connected to the County’s water system prior to July 1, 2011 shall apply for and obtain a connection permit and install a separate water meter for the irrigation system before July 1, 2013.
(2) Before an irrigation system on nonresidential property can be connected to the County’s water system, the user shall apply for and obtain a connection permit and shall install a separate water meter for the irrigation system.
(3) A nonresidential user who is required to install a separate water meter under paragraphs (1) or (2) shall not be required to pay a capital facility connection charge to connect an irrigation system to the County’s water system by separate water meter.
(4) For a nonresidential user, the rate for water usage by an irrigation system shall be as set forth in §
13-5-805(g), and shall apply to a nonresidential user who had an irrigation system connected to the County’s water system by separate meter prior to July 1, 2011.
(k) Installment payments. For any installment payments under this section, an installment may be prepaid at any time; the right to make installment payments shall be forfeited if the owner fails to comply with the provisions of § 13-5-305; each installment with interest constitutes a lien on the property until paid; and if any installment is not paid within 60 days of its billing date, the Controller may deem the unpaid balance to be due and payable. (l) Properties exempt from all or part of capital facility connection charges.
(1) Religious facilities, parsonages, housing for the elderly of moderate means, incorporated nonprofit community association facilities, structures for nonprofit veterans and military service organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code with a rated capacity of 500 people or fewer pursuant to the Fire Prevention Code, and nonprofit educational structures are exempt from capital facility connection charges.
(2) Workforce housing is exempt from 50% of the capital facility connection charges.
(m) Classification change. The Director of Public works may increase or decrease the capital facility connection charge for any property in a County capital project area, if the use of the property is changed from one to another of the use classifications in § 13-5-604. (n) Lien enforcement. Any lien of unpaid installments or deferred charges is subordinate only to the lien of State and County taxes and special benefit assessments, and payment shall be enforced at the same time and in the same manner as such taxes and assessments. Upon title transfer by deed, the unpaid balance shall become due and payable, except when at least one record owner remains the same either individually or as a trustee. The balance of the capital facility connection charge shall be subject to discount for the interest portion of the charges at the same rate as that applied for the levy.
(o) Deferred charges. The Controller may allow the expending of a maximum of $500,000 from the general County capital projects fund on a revolving fund basis to support the cost of deferred charges authorized by § 13-5-815. Other revenues authorized by the County Council may be paid into the revolving fund. (p) Application requirements. An application for connection to a utility for new construction may not be made until a building permit is issued and any work required under a public works agreement is completed.
(q) Capital facility connection charges – petition projects.
(1) This subsection applies to connections to the County’s water or wastewater system as a result of a petition of a majority of owners of real property in a defined area in accordance with §
13-5-303.
(2) If a property owner applies for a connection permit within six months of written notice from the Department that the project has been released for service, the capital facility connection charge shall be the amount in effect under subsection (d) or (f) on the date the Director makes the determination required under §
13-5-303(k).
(r) Exemption for volunteer fire companies. A fire station on property owned by a volunteer fire company formed pursuant to § 12-1-201 of this Code is exempt from the capital facility connection charges and user connection charges describe in this section. (s) Standard user connection charge. Annually, the Director shall certify the average cost of a connection to the County’s water and wastewater systems to the Office of Finance, the Department of Inspections and Permits, and the County Council. The certified cost of a water connection shall be the average cost of connection to the County’s water system, based on the size of the water meter, and the certified cost of a wastewater connection shall be the average cost of connection to the County’s wastewater system.
(t) Turnkey water quality improvement contract. For any property that will connect to the County’s wastewater system by virtue of a turnkey water quality improvement contract executed on July 16, 2018, the capital facility connection charge shall be $7,202 for connections to the County’s wastewater system.
(u) Development applications submitted prior to June 1, 2019. For a property for which an application for approval of a building permit, sketch plan, final plan, preliminary plan, or site development plan was submitted to the Office of Planning and Zoning prior to June 1, 2019, or for which an allocation was granted prior to June 1, 2019, the capital facility connection charge shall be $7,202 for connections to the County’s water system and $7,202 for connections to the County’s wastewater system. The rates in this subsection shall increase by 2.5% on July 1 of each year beginning in 2020 and through 2022.
(1985 Code, Art. 6, § 5-208) (Bill No. 63-87; Bill No. 22-88; Bill No. 55-91; Bill No. 52-00; Bill No. 24-03; Bill No. 80-03; Bill No. 23-04; Bill No. 63-04; Bill No. 5-05; Bill No. 36-07; Bill No. 78-08; Bill No. 37-11; Bill No. 62-11; Bill No. 51-14; Bill No. 20-15; Bill No. 74-15; Bill No. 109-15; Bill No. 111-15; Bill No. 78-16; Bill No. 18-19; Bill No. 41-19; Bill No. 54-19
; Bill No. 90-19)
