Utility Availability (WAC) Ordinance
CITY OF ________
An Ordinance Amending _________ City Code Chapter __, Water
and Sewer, By Repealing Section ______, Charges For Service Connections, And
Replacing It With _____, Utility Availability And Connection Charges
The Council of the City of _______
ordains that the City Code be amended by adding the following Section:
401.03 Utility Availability and Connection Charges.
It is the purpose of the Ordinance to
establish and impose just and equitable charges for the availability of certain
utility systems, including waterworks systems, sewer systems, and related
facilities, and for the connections therewith, to pay for the construction,
reconstruction, repair, enlargement, improvement, or other obtainment and the
maintenance, operation and use of such facilities. Such charges are
authorized and shall be determined and imposed in accordance with Minnesota
Statute Sections 444.075 and 429.021.
401.031 Connection Charges.
Connection Charges shall be levied against a property whenever a connection is
made to the City of _________ sewer and/or water system at a rate fixed by the
City Council, as adopted by resolution, and may be amended from time to time.
The connection fees are charged on a per unit basis and shall be collected at
the time a building permit is applied for.
401.031a Computation of Units.
Single Family Homes = 1 unit.
Townhomes and Duplexes = 1 unit per dwelling.
Multi-Family Dwellings with potential for laundry facilities
included in each unit = 1 unit per dwelling.
Multi-Family Dwellings w/o potential for laundry facilities
included in each unit = 80% unit per dwelling.
Mobile Homes = 1 unit.
Low-income and subsidized housing units = 75% of the
calculated unit (i.e. .75 x 80 for LI Housing without private laundry
Other buildings and commercial structures based on usage
equivalents as outlined in the most recent "Standard Criteria" published by
the Metropolitan Waste Control Commission.
401.031b Undeveloped Lots. Any premises for which
connection to the City sanitary sewer and/or water system is sought, which has
not paid its proportionate share of the cost of extending such service the
premises in question, whether by special assessment or otherwise, shall pay a
connection charge in the amount currently adopted by City Council at the time a
building permit is applied for.
401.032 Utility Availability Charges.
401.032a Charges Authorized. A sanitary sewer availability
charge and/or a water availability charge shall be imposed against the owner of
any undeveloped property which is proposed to be subdivided and/or developed.
Both the sanitary sewer and water availability charges shall be computed on a
per acre amount set by City Council by resolution from time to time and which
shall be reviewed at least once every five years to determine if the charges are
still adequate to meet the needs of the subject utility system. In
determining the reasonableness of the charges imposed, the City Council may
consider any or all of the costs of the establishment, operation, maintenance,
depreciation and necessary replacement of the system, and of improvements,
enlargements and extensions necessary to serve adequately the territory of the
City, including the principal and interest due on obligations issued or to be
403.032b Computation of Charges. The accessible area is
determined by the Gross Area less that Quantity Ponding and Wetland Areas.
Areas donated to the City and land platted as an easement will NOT be deducted
from the Gross Area; this includes but is not limited to, parks, pathways,
street right-of-ways and utility easements.
401.032c Payment of Charges. Any charges imposed by
authority of this section shall be paid prior to release of a final plat for
recording unless a special assessment project is approved by the City Council.
Upon petition from the developer, and when trunk facilities are being
constructed in conjunction with a proposed plat or development, the City Council
may elect to levy a special assessment in an amount equal to the area charge upon
all or a portion of property in the plat or development. The City Council
may defer the payment of the assessment until each lot is sold or developed, or
otherwise as determined by the City Council. City Council may have the
option to defer payment of charges on outlots until said lots are sold,
developed, or at a specific date established by City Council, whichever occurs
first. Developments that do not require platting shall pay applicable
charges upon site plan approval or building permit approval, whichever occurs.
401.32d Development Review. All new developments shall be
reviewed by City staff to determine whether they have paid for utility trunk
systems by special assessments and if so, any charges imposed pursuant to this
Ordinance may be adjusted accordingly.
401.32e City Council Authority. City Council shall review
the assignment of charges as provided above, may modify or add to them by
resolution from time to time, and may deviate from the general assignment of
charges or other charges in particular cases where it is fair and reasonable to
do so, such as in an affordable housing development. The City shall be
solely responsible for determining when and what utility trunk systems shall be
constructed in the City of __________.
This ordinance shall become effective
immediately upon publication after approval.
Adopted this 1st day of _________, 20__.