§ 27-131. Assessment of capital recovery fees.

(a)

Assessment included in approval of subdivision of land or new development. The approval of any subdivision of land or of any new development shall include as a condition the assessment of the capital recovery fee applicable to such development.

(b)

Manner of assessment. Assessment of the capital recovery fee for any new development shall be made as follows:

(1)

For a development which is submitted for approval pursuant to the city's subdivision regulations following the effective date of this article, assessment shall be before or at the time of recordation of a subdivision plat or other plat and shall be the value of the capital recovery fee per service unit then in effect, as provided in Exhibit B as set forth in section 27-130(a). The city may provide the subdivider with a copy of Exhibit B prior to final plat approval, but such shall not constitute assessment within the meaning of this article.

(2)

For a development which has received final plat approval prior to the effective date of this article and for which no replatting is necessary prior to tap purchase, assessment shall be upon tap purchase and shall be the value of the capital recovery fee per service unit set forth in Exhibit B.

(3)

Because fire protection is of critical concern to the community as a whole, water meter size related solely to fire protection is not subject to collection of a capital recovery fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for domestic purposes, as evidenced by the registration of consumption recorded on the city's meter-reading and billing systems, the current owner of the property shall be assessed the current capital recovery fee for the fire protection capacity which has been converted to domestic capacity by its routine usage as domestic capacity.

(c)

Increase in assessments limited. Following assessment of the capital recovery fee pursuant to subsection (b), no additional capital recovery fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under section 27-129.

(d)

New assessment required following lapse of plat approval. Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application for such development is filed.

(e)

Determination of fee assessments. The amount of fee assessments in nominal dollars shall be determined by application of the fee values set forth in Exhibit B, which are expressed in real dollars.

(Ord. No. 90-10, § 1(1.11), 8-28-1990; Ord. No. 2018-13, § 2(Exh. 3), 4-17-2018)

Editor's note

Exhibit B, referred to in § 27-131 above, has not been included herein, but can be found on file for inspection in the city secretary's office.