G91-98 Ordinance No. G91-98
AN ORDINANCE
ESTABLISHING POLICIES AND PROCEDURES FOR
ALLOCATING THE COST OF SANITARY SEWER IMPROVEMENTS
TO BENEFITTED PROPERTIES
WHEREAS, the City of Elgin (City) , the Fox River Water
Reclamation District (FRWRD) , and individual property owners
(Owners) have in the past and shall in the future extend
various elements of the City of Elgin/Fox River Water
Reclamation District (FRWRD) sanitary sewer system; and
WHEREAS, the installation of said sanitary sewer system
makes wastewater treatment service available to properties in
the designated service areas of such sewer extension projects
and thereby benefits said properties; and
WHEREAS, it is fair and equitable to require the owners of
benefitted properties to pay their fair share of the
improvement costs associated with said sanitary sewer extension
projects; and
WHEREAS, it is fair and equitable to require reimbursement
to the City and Owners for the cost of said sanitary sewer
extension projects which benefit such properties; and
WHEREAS, the City has designated sanitary sewer service
areas for planned and completed sanitary sewer extension
projects consistent with the adopted City of Elgin
Comprehensive Plan and the Interceptor Sewer Master Plan; and
WHEREAS, the City of Elgin is a home rule unit authorized
to exercise any power and to perform any function relating to
its government and affairs; and
WHEREAS, sanitary sewer service is a function pertaining
to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Title 22 entitled "Sanitary Sewer
Reimbursement" be and is hereby added to the Elgin Municipal
Code, 1976, as amended, to read as follows :
"TITLE 22
SANITARY SEWER REIMBURSEMENT
Chapters :
22 . 02 General Provisions
22 . 04 Definitions
22 . 06 Administration
22 . 08 Calculations
Chapter 22 . 02
GENERAL PROVISIONS
Sections :
22 . 02 . 010 Citation
22 . 02 . 020 Findings and Purpose
22 . 02 . 030 Intent
22 . 02 . 040 Applicability
22 . 02 . 050 Requirement
22 . 02 . 060 Annexation
22 . 02 . 010 Citation.
eft These regulations shall be known, cited, and referenced to as
the Sanitary Sewer Reimbursement regulations of the City.
22 . 02 . 020 Findings and Purpose.
A. It is declared to be the policy of the City of Elgin that
the provision of sanitary sewer service required to serve
new development is subject to the control of the City in
accordance with the Comprehensive Plan of the City for the
orderly, planned, efficient, and economical development of
the City.
B. New development causes and imposes increased demands upon
the sanitary sewer system that are specifically
attributable to those developments .
C. Planning projections indicate that such development shall
continue and shall place ever-increasing demands on the
City and the Fox River Water Reclamation District to
provide sanitary sewer and wastewater treatment service.
D. Development potential and property values are influenced
and affected by City policy as expressed in the
Comprehensive Plan and in the Interceptor Sewer Master
Plan.
E. The amount of the sanitary sewer reimbursement to be
required of new development shall be determined by the
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proportionate share cost of the public facilities needed
to support such development, which public facilities shall
be identified in the Comprehensive Plan, the Interceptor
Sewer Master Plan, the Capital Improvement Program, or in
a capital improvement budget .
F. The City Council, after careful consideration, hereby
finds and declares that sanitary sewer reimbursement
required of new development to finance specified public
facilities , the demand for which is created by such
development, is in the best interests of the general
welfare of the City and its residents, is equitable, and
does not impose an unfair burden on such development.
Therefore, the City Council deems it necessary and
desirable to adopt this Title as herein set forth.
22 . 02 . 030 Intent.
This Title is intended to require sanitary sewer reimbursement,
payable at the time of building permit issuance or at the time
of connection to the sanitary sewer system, in an amount based
upon the proportionate share of the cost of the completed
sanitary sewer improvements required to serve new development.
No territory described or identified as tributary to the
sanitary sewer system contemplated in the Interceptor Sewer
Master Plan shall be issued a building permit or permitted to
connect to or otherwise use the sanitary sewer system until
f such time as payment is made to the City or the appropriate
Owner of an amount allocated as the fair proportionate share of
said improvements as determined by the policies and procedures
set forth in this ordinance. Any building site held in common
ownership with other adjoining property subject to the
provisions of this ordinance on the effective date of this
ordinance shall be subject to payment based on the entire
amount established for the entire parcel as provided in this
ordinance.
22 . 02 . 040 Applicability.
This Title shall be uniformly applicable to development which
occurs within the City, to development of territory subject to
a pre-annexation agreement with the city, or to development
which occurs in another municipality and subject to a
jurisdictional boundary agreement with the City; with the
exception of exempted development as follows :
A. Development of property for which the required
reimbursement payment or development impact fee has been
paid subject to the provisions of another ordinance shall
be exempt from sanitary sewer reimbursements .
B. Development of property owned by the City of Elgin or by
the Fox River Water Reclamation District shall be exempt
from City sanitary sewer reimbursements unless such
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,,., property is included in a sanitary sewer reimbursement
ordinance approved prior to the adoption of this
ordinance.
22 . 02 . 050 Requirement.
No building permit as herein defined shall be issued for a
nonexempt development unless the applicant therefore has paid
the sanitary sewer reimbursement imposed by and calculated
pursuant to this Title. Prior to or concurrent with issuance
of a building permit, approval of a site plan, approval of a
final plat of subdivision, or approval of a final plat of a
planned development; the City Planning Department shall
calculate the interceptor sanitary sewer reimbursement.
An amendment to an approved site plan, final plat of
subdivision, final plat of planned development, or an
annexation agreement shall require compliance with this Title
to the extent that such amendment results in the calculation of
a revised sanitary sewer reimbursement.
22 . 02 . 060 Annexation.
The sanitary sewer reimbursement required by this Title also
shall be required as a condition to the annexation of any
territory to the City.
Chapter 22 . 04
DEFINITIONS
Sections :
22 . 04 . 010 Building Permit
22 . 04 . 020 Building Site
22 . 04 . 030 Capital Budget
22 . 04 . 040 Capital Improvement
22 . 04 . 050 Capital Improvement Program (CIP)
22 . 04 . 060 Certificate of Payment
22 . 04 . 070 City
22 . 04 . 080 City Council
22 . 04 . 090 Comprehensive Plan
22 . 04 . 100 Cost
22 . 04 . 110 Demand Unit
22 . 04 . 120 Detention Area
22 . 04 . 130 Developer
22 . 04 . 140 Development
22 . 04 . 150 Development Impact Fee
22 . 04 . 160 Downstream Sanitary Sewer
22 . 04 . 170 Elgin Planning Area
22 . 04 . 180 FRWRD
22 . 04 . 190 Gross Acreage
22 . 04 . 200 Interceptor Sewer Master Plan
22 . 04 .210 Library District
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22 . 04 . 220 Lot of Record
tow 22 . 04 .230 Planned Development
22 . 04 . 240 Private Sanitary Sewer Reimbursement Ordinance
22 . 04 . 250 Proportionate Share
22 . 04 .260 Residential Development
22 . 04 . 270 Retention Area
22 . 04 . 280 Sanitary Sewer, Interceptor
22 . 04 . 290 Sanitary Sewer, Lateral
22 . 04 . 300 Sanitary Sewer Reimbursement, City
22 . 04 . 310 Sanitary Sewer Reimbursement, FRWRD
22 . 04 . 320 Sanitary Sewer Reimbursement, Private
22 . 04 . 330 Sanitary Sewer Reimbursement Effective Date
22 . 04 . 340 Sanitary Sewer Reimbursement Ordinance
22 . 04 . 350 Sanitary Sewer, Service Line
22 . 04 . 360 School District
22 . 04 . 370 Service Standard
22 . 04 . 380 Site Plan
22 . 04 . 390 Specifically Attributable
22 . 04 . 400 Subdivision Ordinance
22 . 04 . 410 Wetland
22 . 04 . 420 Zoning District
22 . 04 . 430 Zoning Ordinance
For the purposes of the regulations codified in this Title, the
terms and words used in this Title shall be used, interpreted,
and defined as set forth in this Chapter:
22 . 04 . 010 Building Permit - The permit required for new
construction and additions pursuant to Elgin Municipal Code,
Title 16 - Buildings and Construction. The term building
permit, as used herein, shall not be deemed to include permits
required for remodeling, for rehabilitation or other
improvements to an existing structure, or for rebuilding a
damaged or destroyed structure; provided there are no increases
in gross land area or sanitary sewer service demand resulting
therefrom.
22 . 04 . 020 Building Site - An area of land designed, intended,
or used as a location for a structure.
22 . 04 . 030 Capital Budget - The portion of the City of Elgin
annual budget devoted to the funding of capital improvement
projects .
22 . 04 . 040 Capital Improvement - A project or piece of
equipment with a useful life in excess of three ( 3) years and
costing in excess of $3, 000 . 00 .
22 . 04 . 050 Capital Improvement Program (CIP) - The multi-year
program identifying future capital improvements and indicating
planned sources of funding for those improvements .
elibk 22 . 04 . 060 Certificate of Payment - The standard form provided
by the City acknowledging the payment of a private sanitary
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sewer reimbursement to an Owner by the owner of benefitted
property. A Certificate of Payment shall be valid for a period
of thirty ( 30) years from the date of issuance and, if
necessary, may be renewed by the Owner or by the Owner' s heirs
and assigns . A Certificate of Payment may be renewed by
written application to the Code Administration Department.
Where applicable, the Code Administration Department shall
require the submission of an executed, notarized copy of the
appropriate Certificate of Payment prior to approval of
connection to the sanitary sewer system or prior to the
issuance of a building permit, whichever occurs first.
22 . 04 . 070 City - The City of Elgin.
22 . 04 . 080 City Council - The Elgin City Council .
22 . 04 . 090 Comprehensive Plan - The official plan for the
development of the City adopted by the City Council and amended
from time to time.
22 . 04 . 100 Cost - Expenditures incurred or estimated to be
incurred to fund a capital improvement project. These costs
shall include, where applicable, acquisition of land,
construction of improvements, equipping of facilities, debt
service; and administrative, engineering, architectural,
consulting, and legal expenses incurred in connection with a
project.
22 . 04 . 110 Demand Unit - A unit associated with a new
development that generates the need for expansion or
improvement to sanitary sewer facilities .
22 . 04 . 120 Detention Area - A dry-bottom area of land which
provides for the temporary storage of stormwater runoff .
22 . 04 . 130 Developer - The owner of record of land proposed for
development or his/her representative.
22 . 04 . 140 Development - Any change to improved or unimproved
real property, the use of any principal structure or land, or
any other activity that requires issuance of a building permit
or an engineering permit .
22 .04 . 150 Development Impact Fee - A special and additional
fee imposed at building permit issuance and calculated based
upon the costs of public facilities in proportion to
development creating the need for such facilities .
22 . 04 . 160 Downstream Sanitary Sewer Facilities - The phase of
the sanitary sewer collection system located between the
wastewater treatment plant and the far edge of the subject
property or a point equidistant to the far edge of the subject
property boundaries extended.
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22 . 04 . 170 Elgin Planning Area - The area contained within the
City of Elgin corporate limits and the geographic area
surrounding the City for which the City Council has adopted an
official comprehensive plan designating land uses and setting
forth growth management policies .
22 . 04 . 180 FRWRD - The Fox River Water Reclamation District.
22 . 04 . 190 Gross Acreage - The entire area of a parcel of real
property or a building site expressed in acres or portions
thereof .
22 . 04 .200 Interceptor Sewer Master Plan - The engineering
study approved and adopted by the Elgin City Council
establishing service standards, and identifying existing and
projected service areas; and identifying capital improvements
and estimating capital facilities costs necessary to maintain
standards and serve such areas with a sanitary sewer collection
system.
22 . 04 . 210 Library District, Public - The Gail Borden Library
District.
22 . 04 . 220 Lot of Record - A lot which is separately designated
as such in a plat of subdivision duly filed in the office of
the recorder of deeds in the county in which said lot is
rbk located.
22 . 04 . 230 Planned Development - Land, structures, or buildings
which are planned and developed in conformance with the
provisions of Elgin Municipal Code Title 19 - Zoning, Chapter
19 . 60, Planned Developments . A planned development also may be
referred to as a planned unit development.
22 .04 . 240 Private Sanitary Sewer Reimbursement Ordinance - An
ordinance approved by the City Council setting forth the
conditions for recapture of costs for Owner financed capital
improvement projects extending sanitary sewer service within
the City of Elgin Planning Area. A Sanitary Sewer
Reimbursement Ordinance shall contain, but not be limited to,
provisions establishing the relevant service/recapture area,
the cost of the sanitary sewer project, the interest rate to be
used for recapture calculation, and the sanitary sewer
reimbursement effective date .
22 . 04 . 250 Proportionate Share - The cost of a public facility,
or capital improvement project specifically attributable to a
new development .
22 .04 . 260 Residential Development - Any change to improved or
unimproved real property including a principal structure, all
or a portion of which is designed or intended for use as a
residence.
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to,., 22 . 04 . 270 Retention Area - A wet-bottom area of land which
provides for the temporary storage of stormwater runoff .
22 . 04 . 280 Sanitary Sewer, Interceptor - A major trunk line in
the sanitary sewer system having an extensive service area and
serving a number of parcels . Interceptor sewers are referenced
in the Comprehensive Plan and/or the Interceptor Sewer Master
Plan and include the Tyler Creek (Northwest) Interceptor Sewer
(TCIS) , the North Randall Interceptor Sewer (NRIS) , the Big
Timber Interceptor Sewer (BTIS) , and the Bowes Road Interceptor
Sewer (BRIS) .
22 . 04 . 290 Sanitary Sewer, Lateral - A sanitary sewer line
serving more than one parcel of land or more than one
wastewater user, and tributary to the interceptor sewer system.
22 . 04 . 300 Sanitary Sewer Reimbursement, City - The
proportionate share payment required to recapture City costs
associated with the downstream sanitary sewer facilities for
which a parcel of land is tributary.
22 . 04 . 310 Sanitary Sewer Reimbursement, FRWRD - The
proportionate share payment required to recapture FRWRD costs
associated with the downstream sanitary sewer facilities for
which a parcel of land is tributary.
e" 22 . 04 . 320 Sanitary Sewer Reimbursement, Private - The
proportionate share payment required to recapture Owner costs
associated with the downstream sanitary sewer facilities for
which a parcel of land is tributary.
22 . 04 . 330 Sanitary Sewer Reimbursement Effective Date - The
date upon which the sanitary sewer project is accepted for
public ownership and maintenance.
22 . 04 . 340 Sanitary Sewer Reimbursement Ordinance - Title 22 of
the Elgin Municipal Code, as amended.
22 . 04 . 350 Sanitary Sewer, Service Line - A sanitary sewer line
serving a single parcel of land or a single wastewater user.
22 . 04 . 360 School District - Any public school district
situated wholly or partially within the City providing
elementary, junior high, high school, or college education.
22 . 04 . 370 Service Standard - The existing level of service
delivery associated with the sanitary sewer system for which a
sanitary sewer facility project shall be designed and for which
a sanitary sewer reimbursement shall be required.
22 .04 . 380 Site Plan - A document prepared to scale indicating
e accurately the dimensions and boundaries of a site; and showing
the location of all proposed buildings, structures, uses, and
principal site development features for a parcel of land.
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22 . 04 . 390 Specifically Attributable - An identifiable portion
of the need for additional public facilities, or capital
improvement projects directly resulting from a proposed
development.
22 . 04 . 400 Subdivision Ordinance - Elgin Municipal Code, Title
18 - Subdivision, as amended, regulating the processes and
design standards applicable to the division of land within the
City.
22 . 04 . 410 Wetland - Means or refers to the term as defined in
"A Federal Manual for Identifying and Delineating
Jurisdictional Wetlands" , as amended.
22 . 04 . 420 Zoning District - An area of the territory of the
City within which certain uses of land, premises, and buildings
are controlled and within which certain development standards
are established by ordinance.
22 . 04 . 430 Zoning Ordinance - Elgin Municipal Code, Title 19 -
Zoning, as amended, regulating the use of land within the City.
Chapter 22 . 06
ADMINISTRATION
Sections :
22 . 06 . 010 General Procedures for Sanitary Sewer
Reimbursements .
22 . 06 . 020 Use of City Sanitary Sewer Reimbursements .
22 . 06 . 030 Effect of Sanitary Sewer Reimbursements on Zoning
and Subdivision Regulations .
22 . 06 . 040 Sanitary Sewer Reimbursements as Additional and
Supplemental Requirement.
22 . 06 . 010 General Procedures for Sanitary Sewer
Reimbursements .
A. Calculation and Collection of FRWRD Sanitary Sewer
Reimbursements . Sanitary sewer reimbursements calculated
and due pursuant to the policies and procedures of the
FRWRD are separate and distinct from this Title.
B. Calculation of Interceptor Sanitary Sewer Reimbursements .
Interceptor sanitary sewer reimbursements established
pursuant to this Title shall be calculated by the Planning
Department.
C. Collection of City Interceptor Sanitary Sewer
Reimbursements . City interceptor sanitary sewer
reimbursements calculated and due pursuant to this Title
shall be collected by the Code Administration Department
prior to approval of connection to the sanitary sewer
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system or prior to the issuance of a building permit,
whichever occurs first.
D. Collection of Private Interceptor Sanitary Sewer
Reimbursements . Private interceptor sanitary sewer
reimbursements calculated and due pursuant to this Title
shall be collected by the Owner. The Owner of property
for which an interceptor sanitary sewer reimbursement
ordinance has been approved shall record such ordinance,
shall obtain reimbursement data from the Planning
Department, and shall issue a Certificate of Payment in
the form provided by the City upon the payment of
reimbursement from the owner of a benefitted property.
E. Calculation of Lateral Sanitary Sewer Reimbursements .
Lateral sanitary sewer reimbursements established pursuant
to this Title shall be calculated by the Owner based on
data included in the relevant lateral sanitary sewer
reimbursement ordinance as approved by the City Council .
F. Collection of Lateral Sanitary Sewer Reimbursements .
Lateral sanitary sewer reimbursements calculated and due
pursuant to this Title shall be collected by the Owners
due such payments . The Owner of property for which a
sanitary sewer reimbursement ordinance has been approved
shall record such ordinance and shall issue a Certificate
of Payment in the form provided by the City upon the
payment of reimbursement from the owner of a benefitted
property.
G. Documentation and Notification Requirements for Lateral
Sanitary Sewer Reimbursement. The Owner of property
proposing a lateral sanitary sewer reimbursement shall
prepare a listing of all benefitted properties including
parcel sizes in acres, tax identification numbers, legal
descriptions, and owners of record. The listing of
benefitted properties shall be attached to and made a part
of the reimbursement ordinance and shall be submitted to
and maintained by the Code Administration Department. The
Owner shall be responsible for postal service notification
of the reimbursement ordinance to owners of benefitted
properties by certified mail . The Owner shall document
such notification prior to final approval of a
reimbursement ordinance by the City Council .
H. Transfer of Funds to Accounts . Upon receipt of City
sanitary sewer reimbursements, the Finance Department
shall be responsible for placement of such funds into a
separate account as hereinafter specified.
I . Establishment and Maintenance of Accounts . The Finance
Department shall establish an interest-bearing account for
eft City sanitary sewer reimbursements in an institution
authorized to receive deposits of City funds . Interest
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emk earned by such account shall be credited to that account
and shall be used solely for the purposes specified for
funds of such account. The Finance Department shall
maintain and keep adequate financial records for the City
sanitary sewer reimbursement account, which shall show the
source and disbursement of all revenues, which shall
account for all monies received, and which shall ensure
that the disbursement of funds from the account shall be
used solely and exclusively for the provision of public
facilities specified for the particular service area, as
appropriate.
J. Annual Review and Modification. In conjunction with the
annual capital budget and Capital Improvement Program
adoption processes, the City shall review the development
potential of the various sanitary sewer service areas and
the Capital Improvement Program and make such
modifications as are deemed necessary as a result of
changing sanitary sewer extension needs and such other
factors as may be relevant. Modifications to projected
development potential, the capital improvements program,
and sanitary sewer reimbursements shall be made prior to
December 31st of each year and shall be effective on
January 1st of the following year.
22 . 06 . 020 Use of City Sanitary Sewer Reimbursements .
City sanitary sewer reimbursements paid pursuant to this Title
shall be restricted to use solely and exclusively for financing
directly, or as a pledge or payment against bonds and other
obligations of indebtedness for the cost of sanitary sewer
facilities by service area.
22 . 06 . 030 Effect of Sanitary Sewer Reimbursements on Zoning
and Subdivision Regulations .
This Title shall not affect, in any manner, the permissible use
of property, density of development, design, and improvement
standards and requirements; or any other aspect of the
development of land or provision of public improvements subject
to the zoning and subdivision regulations or other regulations
of the City, which shall be operative and remain in full force
and effect without limitation with respect to all such
development.
22 . 06 . 040 Sanitary Sewer Reimbursements as Additional and
Supplemental Requirement .
Sanitary sewer reimbursements are additional and supplemental
to, and not in substitution of, any other requirements imposed
by the City on the development of land or the issuance of
building permits . In no event shall a property owner be
obligated to pay a sanitary sewer reimbursement in an amount in
excess of the amount calculated pursuant to this Title; but, a
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property owner may be required to pay, pursuant to City
ordinances, regulations, or policies, for other public facility
costs as specified elsewhere in the Elgin Municipal Code in
addition to the sanitary sewer reimbursement.
Chapter 22 . 08
CALCULATIONS
Sections :
22 . 08 . 010 Criteria for Determining an Interceptor Sanitary
Sewer Reimbursement.
22 . 08 . 020 Criteria for Determining a Lateral Sanitary Sewer
Reimbursement.
22 . 08 . 030 Information Sources
22 . 08 . 010 Criteria for Determining an Interceptor Sanitary
Sewer Reimbursement.
The following criteria shall govern the calculation of an
interceptor sanitary sewer reimbursement:
A. Requirement and Gross Acreage Factor. For all
developments, the gross developable acreage included on
fo'' the site, or in the subdivision or planned development
shall be the relevant demand unit, and shall be directly
related to the amount of the reimbursement required for
the sanitary sewer collection system. The sanitary sewer
reimbursement shall be determined by obtaining the product
of the following: ( 1 ) the sum of ( 2 ) the cost of each of
the completed portions of the downstream sanitary sewer
collection system adjusted for debt service requirements
from the effective date to the date of payment divided by
( 3) the total number of gross developable acres in each of
the respective service areas of the downstream sanitary
sewer collection system multiplied by (4 ) the gross
developable acreage of the development site.
B. Land Area Exceptions . The following land areas shall be
excluded from gross acreage for the purpose of determining
the gross developable acreage for an Interceptor sanitary
sewer reimbursement:
1 . Land accepted as a City park site.
2 . Land dedicated as a site for a City water system
capital improvement.
3 . Land dedicated as a site for a City sanitary sewer
system capital improvement.
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4 . Areas in excess of one ( 1 ) acre devoted exclusively
to active recreational uses and not requiring
sanitary sewer service.
5 . Areas in excess of one ( 1) acre designated as a
wetland by the U.S . Army Corps . of Engineers .
6 . Land used exclusively for stormwater control
purposes .
C. Project Cost Documentation. The applicable interest rate
for a city sanitary sewer reimbursement shall be the
interest rate on the bonds and other obligations of
indebtedness issued to fund project costs . In the absence
of any borrowing for project costs, the interest rate
shall be set at the prevailing rate for a U. S. Treasury
Note with a 5 year maturity.
22 . 08 . 020 Criteria for Determining a Lateral Sanitary Sewer
Reimbursement.
The following criteria shall govern the calculation of a
lateral sanitary sewer reimbursement:
A. Requirement and Gross Acreage Factor. For all
developments, the gross acreage included on the site, or
bb. in the subdivision or planned development shall be the
relevant demand unit, and shall be directly related to the
amount of the reimbursement required for the sanitary
sewer collection system. The sanitary sewer reimbursement
shall be determined by obtaining the product of the
following: ( 1 ) the sum of ( 2 ) the cost of each of the
completed portions of the downstream lateral sanitary
sewer adjusted for debt service requirements from the
effective date to the date of payment divided by ( 3) the
total number of acres in the entire service area of the
downstream lateral sanitary sewer multiplied by ( 4 ) the
gross acreage of the development site .
B. Project Cost Documentation. An Owner proposing a private
sanitary sewer reimbursement ordinance shall submit
documentation regarding the cost of the sanitary sewer
improvement project including the terms and conditions of
any financing secured for funding the project. Project
cost data shall be reviewed by the City Engineer and the
City Finance Director. Each such individual shall make a
recommendation for approval or denial of the proposed
reimbursement ordinance based on the project cost
documentation provided by the Owner. In the absence of
any borrowing for project costs , the interest rate shall
be set at the prevailing rate for a U. S. Treasury Note
low with a 5 year maturity.
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22 . 08 . 030 Information Sources .
Calculations for the sanitary sewer reimbursement shall be
based on project cost data, project financing data, and data
from the City of Elgin Interceptor Sewer Master Plan, as
amended, and the land use data base supporting that plan. "
Section 2 . If any provision, clause, sentence, paragraph,
section, or part of this Title, shall for any reason be
adjudged by a court of competent jursidiction to be
unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this title and the
application of such provision to other persons or
circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment
shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent
of the City Council that this title would have been adopted had
such unconstitutional or invalid provision, clause, sentence,
paragraph, section or part thereof not been included.
Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
eft
Section 4 . That this ordinance shall be in full force and
effect from and after January 1 , 1999 .
Kevin Kelly, Mayo
Presented: November 4 , 1998
Passed: November 4 , 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: November 5, 1998
Published:
Attest:
Dolonna Mecum, City Clerk
fek
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