Chapter 13.12 — SEWER CONNECTION CHARGES

• A. Except as otherwise provided in this section, persons applying for new or expanded sewer service shall pay a sewer capacity fee in an amount established by ordinance or resolution of the city council in accordance with a nexus study that demonstrates that the fees do not exceed the estimated reasonable costs of providing the services and/or facilities for which the fees are imposed. Unless otherwise required by law, said fee shall be collected at the time an application for installation of a new or expanded sewer service is filed with the city.

• B. Purpose. The purpose of the sewer capacity fee is to fund a proportionate share of the costs of existing and future sewer system facilities and assets that are reasonably necessary to provide sewer capacity for new development. For the purposes of this section, "new development" means all new building construction, conversion to a new use, or additional use within an existing building that creates a need for additional sewer capacity. The purposes of the sewer capacity fee include the purposes of the former additional connection charge and the former WQCF phase 3 completion charge.

• C. Determination of Required Fees.

  1. Sewer Capacity Fee. Prior to connection of a new sewer service line, the applicant shall pay a sewer capacity fee based on their water meter size.

  2. The public works director, or the director's designee, shall be responsible for determining the fees required by this section. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional sewer capacity fee, the then current fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid. The determination of required fees shall be made at the time of application for new or increased sewer service. However, the public works director has the right to reassess actual sewer usage at any time after connection is made to the city's system.

If the sewer capacity fee associated with the consumer's actual sewer usage exceeds the sewer capacity fee imposed for the connection, the city may determine the difference between the original fee and the fee associated with the consumer's actual usage, at the rates in effect at the time the application for installation of a new or expanded sewer service was made, and impose the difference between the two fee amounts on the consumer that made the connection.

3. All fees shall be modified automatically on an annual basis, each July 1, in accordance with the change in the Twenty-City U.S. Average Engineering News Record Official July Construction Costs Index. This adjustment shall not require any action of the city council.

• (Ord. O2025-03, 2/18/2025 [4] )

4. Editor's Note: This ordinance also repealed O2024-20.

The revenues from the sewer capacity fee shall be deposited in a segregated sewer capacity fee fund for the purpose of funding public facilities reasonably necessary to provide sewer capacity service to new or expanded connections to the city's sewer system. (Ord. O2025-03, 2/18/2025)

• A. Any person subject to the sewer capacity fee may apply to the public works director or the public works director's designee, for a reduction, adjustment or waiver of that fee based upon the applicant's contention that: (1) the amount of the fee is not reasonably related to the costs of providing sewer capacity to the new or expanded sewer connection; (2) the fee is not roughly proportionate to the sewer connection's impacts on the city's sewer system; or (3) the fee requires the person to pay more than is necessary to address the impacts of the new or expanded sewer connection on the city's sewer system.

• B. Application. An applicant shall file a written request to adjust fees with the public works director not later than ten days after the city notifies the applicant of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the applicant. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship and/or is not roughly proportionate to the impacts of the connection on the city's sewer system and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a sewer connection prior to the city's issuance of a final determination on the adjustment application, the applicant shall deposit the fee with the application. Such fee or portion thereof will be refunded if the application is successful.

• C. Decision of the Public Works Director. The public works director shall issue a decision on the application within thirty days after the application is filed. The public works director shall consider evidence from the applicant, from other city departments imposing the fee or charge, and from other persons who may have personal knowledge of relevant information concerning the fee or charge. The public works director's decision shall state his or her determination regarding the amount of the sewer capacity fee that may reasonably be imposed on the new development and include a brief description of the basis for the decision. The decision of the public works director is final.

• (Ord. O2025-03, 2/18/2025)

The following sewer connection types shall be exempt from paying the sewer capacity fee:

• A. Accessory dwelling units.

• B. Interim Residential New Connections. Residential dwelling units existing and lawfully occupied as of March 1, 2024, within the city limits, utilizing a sceptic system, that have never been connected to the city's sewer system.

However, interim residential new connections shall pay a fee for the city's administration costs associated with the new connection, to be established by the city council by ordinance or resolution.

(Ord. O2025-03, 2/18/2025)