G91-98 (2) Ordinance No. G91-98
AN ORDINANCE
ESTABLISHING POLICIES AND PROC: DURES FOR
ALLOCATING THE COST OF SANITARY SEW: R IMPROVEMENTS
TO BENEFITTED PROPERTI ; S
WHEREAS, the City of Elgin (City) , the Fox River Water
Reclamation District (FRWRD) , and indivi•ual property owners
(Owners) have in the past and shall ii the future extend
various elements of the City of El.in/Fox River Water
Reclamation District (FRWRD) sanitary sewe system; and
WHEREAS, the installation of said sanitary sewer system
makes wastewater treatment service availal.le to properties in
the designated service areas of such sewor extension projects
and thereby benefits said properties; and
WHEREAS, it is fair and equitable t. 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 equ ' table to require
reimbursement to the City and Owners f•r the cost of said
sanitary sewer extension projects hich benefit such
properties; and
WHEREAS, the City has designated s.nitary sewer service
areas for planned and completed sanit.ry sewer extension
projects consistent with the adoptd 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 ,. function pertaining
to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY TH CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Title 22 entitled "Sanitary Sewer
Reimbursement" be and is hereby added t. the Elgin Municipal
Code, 1976, as amended, to read as follow- :
"TITLE 22
SANITARY SEWER REIMBU'SEMENT
Chapters :
22 .02 General Provisions
22 . 04 Definitions
22 . 06 Administration
22 .08 Calculations
Chapter 22 . 02
GENERAL PROVISIO S
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.
These regulations shall be known, cite• , and referenced to as
the Sanitary Sewer Reimbursement regula ' ions of the City.
22 . 02 .020 Findings and Purpose.
A. It is declared to be the policy o : the City of Elgin that
the provision of sanitary sewer s:rvice 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 impose- increased demands upon
the sanitary sewer system hat are specifically
attributable to those developments .
C. Planning projections indicate tha• such development shall
continue and shall place ever-increasing demands on the
City and the Fox River Water 'eclamation District to
provide sanitary sewer and wastewa er treatment service.
D. Development potential and propert, values are influenced
and affected by City policy as expressed in the
Comprehensive Plan and in the I terceptor Sewer Master
Plan.
E. The amount of the sanitary sew-r reimbursement to be
required of new development shal be determined by the
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proportionate share cost of the piblic facilities needed
to support such development, which public facilities shall
be identified in the Comprehensiv: Plan, the Interceptor
Sewer Master Plan, the Capital Imp ovement Program, or in
a capital improvement budget.
F. The City Council, after careful consideration, hereby
finds and declares that sanita y sewer reimbursement
required of new development to f ' nance specified public
facilities, the demand for whic is created by such
development, is in the best int-rests of the general
welfare of the City and its resid-nts, is equitable, and
does not impose an unfair burde on such development.
Therefore, the City Council de-ms it necessary and
desirable to adopt this Title as h:rein set forth.
22 . 02 . 030 Intent.
This Title is intended to require sanit-ry 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 identifies 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 sani •ary sewer system until
such time as payment is made to the city or the appropriate
Owner of an amount allocated as the fai proportionate share of
said improvements as determined by the policies and procedures
set forth in this ordinance. Any buil• ing site held in common
ownership with other adjoining pro•erty subject to the
provisions of this ordinance on the effective date of this
ordinance shall be subject to paymen based on the entire
amount established for the entire par•el 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 •ity, or to development
which occurs in another municipali y and subject to a
jurisdictional boundary agreement wi 'h the City; with the
exception of exempted development as follows:
A. Development of property for which the required
reimbursement payment or developm-nt impact fee has been
paid subject to the provisions of another ordinance shall
be exempt from sanitary sewer reim•ursements .
B. Development of property owned by the City of Elgin or by
the Fox River Water Reclamation 'istrict shall be exempt
from City sanitary sewer reim•ursements unless such
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property is included in a sanita' y sewer reimbursement
ordinance approved prior to t e adoption of this
ordinance.
22 .02 . 050 Requirement.
No building permit as herein defined shall be issued for a
nonexempt development unless the appli•ant therefore has paid
the sanitary sewer reimbursement imp.sed by and calculated
pursuant to this Title. Prior to or c.ncurrent with issuance
of a building permit, approval of a s 'te plan, approval of a
final plat of subdivision, or approva of a final plat of a
planned development; the City Planing Department shall
calculate the interceptor sanitary sewed reimbursement.
An amendment to an approved site plan, final plat of
subdivision, final plat of plannes development, or an
annexation agreement shall require compliance with this Title
to the extent that such amendment resul 's 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 Play
22 . 04 . 210 Library District
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22 .04 . 220 Lot of Record
22 . 04 .230 Planned Development
22 .04 .240 Private Sanitary Sewer Reimb rsement 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 cod fied in this Title, the
terms and words used in this Title sha 1 be used, interpreted,
and defined as set forth in this Chapte , :
22 . 04 . 010 Building Permit - The p:rmit required for new
construction and additions pursuant t. Elgin Municipal Code,
Title 16 - Buildings and Constructio . The term building
permit, as used herein, shall not be d:emed to include permits
required for remodeling, for reh.bilitation or other
improvements to an existing structur: , or for rebuilding a
damaged or destroyed structure; provide• there are no increases
in gross land area or sanitary sewer -ervice demand resulting
therefrom.
22 . 04 . 020 Building Site - An area of and 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 imp ovements and indicating
planned sources of funding for those im.rovements .
22 . 04 . 060 Certificate of Payment - Th- standard form provided
by the City acknowledging the paymen• of a private sanitary
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sewer reimbursement to an Owner by t e 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 •r by the Owner' s heirs
and assigns . A Certificate of Paym= nt may be renewed by
written application to the Code Adm'nistration Department.
Where applicable, the Code Administr• tion Department shall
require the submission of an executed, notarized copy of the
appropriate Certificate of Payment •rior to approval of
connection to the sanitary sewer sy-tem or prior to the
issuance of a building permit, whicheve . occurs first.
22 . 04 . 070 City - The City of Elgin.
22 . 04 . 080 City Council - The Elgin Cit Council .
22 . 04 . 090 Comprehensive Plan - The official plan for the
development of the City adopted by the lity Council and amended
from time to time.
22 . 04 . 100 Cost - Expenditures incur 'ed or estimated to be
incurred to fund a capital improvement project. These costs
shall include, where applicable, acquisition of land,
construction of improvements, equippi g of facilities, debt
service; and administrative, engin-ering, architectural,
consulting, and legal expenses incurr-d in connection with a
project.
22 . 04 . 110 Demand Unit - A unit • ssociated with a new
development that generates the ne-d for expansion or
improvement to sanitary sewer facilitie-. .
22 . 04 . 120 Detention Area - A dry-bottom area of land which
provides for the temporary storage of s ormwater runoff.
22 . 04 . 130 Developer - The owner of record of land proposed for
development or his/her representative.
22 . 04 . 140 Development - Any change t• improved or unimproved
real property, the use of any principal structure or land, or
any other activity that requires issua ce of a building permit
or an engineering permit.
22 . 04 . 150 Development Impact Fee - A special and additional
fee imposed at building permit issuan e and calculated based
upon the costs of public facilites in proportion to
development creating the need for such ' acilities .
22 .04 . 160 Downstream Sanitary Sewer F• cilities - The phase of
the sanitary sewer collection syste located between the
wastewater treatment plant and the f:r 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 ar-a 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 designatin. land uses and setting
forth growth management policies .
22 .04 . 180 FRWRD - The Fox River Water -eclamation District.
22 . 04 . 190 Gross Acreage - The entire a ea of a parcel of real
property or a building site expresses in acres or portions
thereof .
22 . 04 .200 Interceptor Sewer Master ,plan - The engineering
study approved and adopted by th= Elgin City Council
establishing service standards, and isentifying existing and
projected service areas; and identifyi g capital improvements
and estimating capital facilities cost• necessary to maintain
standards and serve such areas with a s-nitary sewer collection
system.
22 . 04 .210 Library District, Public - he Gail Borden Library
District.
22 . 04 .220 Lot of Record - A lot which s 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
located.
22 . 04 .230 Planned Development - Land, - tructures, 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 developme t.
22 . 04 . 240 Private Sanitary Sewer Reim•ursement Ordinance - An
ordinance approved by the City Cou cil setting forth the
conditions for recapture of costs for Owner financed capital
improvement projects extending sanita y 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, an. 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 - Ary change to improved or
unimproved real property including a •rincipal structure, all
or a portion of which is designed or intended for use as a
residence.
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22 .04 .270 Retention Area - A wet-bot ' om 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 ext-nsive service area and
serving a number of parcels . Intercept.r sewers are referenced
in the Comprehensive Plan and/or the I terceptor Sewer Master
Plan and include the Tyler Creek (North est) Interceptor Sewer
(TCIS) , the North Randall Interceptor Sewer (NRIS) , the Big
Timber Interceptor Sewer (BTIS) , and th= Bowes Road Interceptor
Sewer (BRIS) .
22 . 04 .290 Sanitary Sewer, Lateral - A sanitary sewer line
serving more than one parcel of 1-nd or more than one
wastewater user, and tributary to the i terceptor sewer system.
22 . 04 . 300 Sanitary Sewer Reimbursement, City - The
proportionate share payment required o recapture City costs
associated with the downstream sanita y sewer facilities for
which a parcel of land is tributary.
22 . 04 . 310 Sanitary Sewer Reimbur-ement, FRWRD - The
proportionate share payment required t• recapture FRWRD costs
associated with the downstream sanitaay sewer facilities for
which a parcel of land is tributary.
22 . 04 . 320 Sanitary Sewer Reimburs-ment, Private - The
proportionate share payment required t. recapture Owner costs
associated with the downstream sanitary sewer facilities for
which a parcel of land is tributary.
22 . 04 . 330 Sanitary Sewer Reimburseme t Effective Date - The
date upon which the sanitary sewer .roject 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 si gle wastewater user.
22 . 04 . 360 School District - Any •ublic school district
situated wholly or partially within the City providing
elementary, junior high, high school, ol college education.
22 . 04 . 370 Service Standard - The ex sting level of service
delivery associated with the sanitary .ewer system for which a
sanitary sewer facility project shall b- designed and for which
a sanitary sewer reimbursement shall be required.
22 . 04 . 380 Site Plan - A document prepared to scale indicating
accurately the dimensions and boundarie- of a site; and showing
the location of all proposed building- , structures, uses, and
principal site development features for a parcel of land.
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22 .04 . 390 Specifically Attributable - 4n identifiable portion
of the need for additional public Facilities, or capital
improvement projects directly resulting from a proposed
development.
22 . 04 .400 Subdivision Ordinance - Elgi Municipal Code, Title
18 - Subdivision, as amended, regulating the processes and
design standards applicable to the divi-ion of land within the
City.
22 . 04 .410 Wetland - Means or refers to the term as defined in
"A Federal Manual for Identify ng and Delineating
Jurisdictional Wetlands" , as amended.
22 . 04 .420 Zoning District - An area •f the territory of the
City within which certain uses of land, premises, and buildings
are controlled and within which certai 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 Sanit.ry Sewer
Reimbursements .
22 . 06 .020 Use of City Sanitary Sewer Reimbursements .
22 . 06 . 030 Effect of Sanitary Sewer Rei bursements on Zoning
and Subdivision Regulations .
22 . 06 . 040 Sanitary Sewer Reimbursement . 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 Sanita 'y Sewer Reimbursements .
Interceptor sanitary sewer rei bursements established
pursuant to this Title shall be calculated by the Planning
Department.
C. Collection of City Interce;'tor Sanitary Sewer
Reimbursements . City interc-ptor sanitary sewer
reimbursements calculated and due pursuant to this Title
shall be collected by the Code A•ministration 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 sanita .y sewer reimbursement
ordinance has been approved shall record such ordinance,
shall obtain reimbursement dat,: from the Planning
Department, and shall issue a Ce tificate of Payment in
the form provided by the City upon the payment of
reimbursement from the owner of a •enefitted property.
E. Calculation of Lateral Sanitary Sewer Reimbursements .
Lateral sanitary sewer reimburseme ts established pursuant
to this Title shall be calculated by the Owner based on
data included in the relevant ateral sanitary sewer
reimbursement ordinance as approve• by the City Council .
F. Collection of Lateral Sanitary Sewer Reimbursements .
Lateral sanitary sewer reimbursem:nts 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 ordi ance has been approved
shall record such ordinance and s all issue a Certificate
of Payment in the form provided by the City upon the
payment of reimbursement from th- owner of a benefitted
property.
G, Documentation and Notification R:quirements for Lateral
Sanitary Sewer Reimbursement. he Owner of property
proposing a lateral sanitary se er 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 att.,ched to and made a part
of the reimbursement ordinance an. shall be submitted to
and maintained by the Code Adminis ration Department. The
Owner shall be responsible for pos al service notification
of the reimbursement ordinance t. owners of benefitted
properties by certified mail . T e Owner shall document
such notification prior to inal approval of a
reimbursement ordinance by the Cit Council .
H. Transfer of Funds to Accounts . Upon receipt of City
sanitary sewer reimbursements, he Finance Department
shall be responsible for placement of such funds into a
separate account as hereinafter sp-cified.
I . Establishment and Maintenance of Accounts . The Finance
Department shall establish an inte est-bearing account for
City sanitary sewer reimburseme ts in an institution
authorized to receive deposits o , City funds. Interest
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earned by such account shall be c , edited to that account
and shall be used solely for the purposes specified for
funds of such account. The Fi ance Department shall
maintain and keep adequate financial records for the City
sanitary sewer reimbursement accou t, 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 fr•m the account shall be
used solely and exclusively for he provision of public
facilities specified for the part cular service area, as
appropriate.
J. Annual Review and Modification. n conjunction with the
annual capital budget and Capit.: l Improvement Program
adoption processes, the City shall review the development
potential of the various sanitary sewer service areas and
the Capital Improvement Prog am and make such
modifications as are deemed nec=ssary as a result of
changing sanitary sewer extensio needs and such other
factors as may be relevant. Mod fications to projected
development potential, the capita 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 R:imbursements.
City sanitary sewer reimbursements pais pursuant to this Title
shall be restricted to use solely and e clusively for financing
directly, or as a pledge or payment .gainst bonds and other
obligations of indebtedness for the ost of sanitary sewer
facilities by service area.
22 . 06 . 030 Effect of Sanitary Sewer Rei •ursements on Zoning
and Subdivision Regulations .
This Title shall not affect, in any manger, the permissible use
of property, density of development, •esign, and improvement
standards and requirements; or any other aspect of the
development of land or provision of pub is improvements subject
to the zoning and subdivision regulati•ns or other regulations
of the City, which shall be operative .nd remain in full force
and effect without limitation with respect to all such
development.
22 . 06 . 040 Sanitary Sewer Reimbursement- as Additional and
Supplemental Requirement.
Sanitary sewer reimbursements are add'tional and supplemental
to, and not in substitution of, any of er requirements imposed
by the City on the development of 1=nd or the issuance of
building permits . In no event sha 1 a property owner be
obligated to pay a sanitary sewer reimb rsement in an amount in
excess of the amount calculated pursua t to this Title; but, a
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property owner may be required to say, pursuant to City
ordinances, regulations, or policies, fo' other public facility
costs as specified elsewhere in the Elgin Municipal Code in
addition to the sanitary sewer reimburse ent.
Chapter 22 .08
CALCULATIONS
Sections :
22 . 08. 010 Criteria for Determining an Interceptor Sanitary
Sewer Reimbursement.
22 . 08 . 020 Criteria for Determining a L.teral 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 reimbursemenu :
A. Requirement and Gross Acreage Factor. For all
developments, the gross developable acreage included on
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 rei .ursement required for
the sanitary sewer collection sys 'em. The sanitary sewer
reimbursement shall be determined •y obtaining the product
of the following: ( 1) the sum of 2) the cost of each of
the completed portions of the do nstream sanitary sewer
collection system adjusted for deist service requirements
from the effective date to the dale of payment divided by
(3) the total number of gross developable acres in each of
the respective service areas of he downstream sanitary
sewer collection system multipled by (4) the gross
developable acreage of the develop ent site.
B. Land Area Exceptions . The folio ing land areas shall be
excluded from gross acreage for th- purpose of determining
the gross developable acreage for an Interceptor sanitary
sewer reimbursement:
1 . Land accepted as a City park -ite.
2 . Land dedicated as a site f.r a City water system
capital improvement.
3 . Land dedicated as a site fo a City sanitary sewer
system capital improvement.
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4 . Areas in excess of one ( 1) a• re devoted exclusively
to active recreational use, 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 fo stormwater control
purposes .
C. Project Cost Documentation. The ai•plicable interest rate
for a city sanitary sewer reimb rsement shall be the
interest rate on the bonds and other obligations of
indebtedness issued to fund projec costs . In the absence
of any borrowing for project co- ts, the interest rate
shall be set at the prevailing r.te for a U.S. Treasury
Note with a 5 year maturity.
22 . 08 . 020 Criteria for Determining a L.teral 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
in the subdivision or planned de elopment shall be the
relevant demand unit, and shall be directly related to the
amount of the reimbursement req ' ired for the sanitary
sewer collection system. The sanitary sewer reimbursement
shall be determined by obtaini g the product of the
following: ( 1) the sum of (2) t e cost of each of the
completed portions of the downs ream lateral sanitary
sewer adjusted for debt service requirements from the
effective date to the date of pay ent divided by (3) the
total number of acres in the ent re service area of the
downstream lateral sanitary sewer multiplied by (4) the
gross acreage of the development s te.
B. Project Cost Documentation. An 0 ner 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 fundin.! the project. Project
cost data shall be reviewed by t e City Engineer and the
City Finance Director. Each such individual shall make a
recommendation for approval or .enial of the proposed
reimbursement ordinance based on the project cost
documentation provided by the Ow er. In the absence of
any borrowing for project costs, the interest rate shall
be set at the prevailing rate fir a U.S. Treasury Note
with a 5 year maturity.
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22 . 08 . 030 Information Sources .
Calculations for the sanitary sewer reii bursement shall be
based on project cost data, project fina cing data, and data
from the City of Elgin Interceptor Se er Master Plan, as
amended, and the land use data base supporuing that plan. "
Section 2 . If any provision, clause, sentence,
paragraph, section, or part of this T' tle, shall for any
reason be adjudged by a court of compete t jurisdiction to be
unconstitutional or invalid, said judgme t 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 is operation to the
provision, clause, sentence, paragraph section or part
thereof directly involved in the contro ersy 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 t at this title would
have been adopted had such unconsti .utional or invalid
provision, clause, sentence, paragraph, section or part
thereof not been included.
Section 3 . That all ordinances or p.:rts of ordinances in
conflict with the provisions of this o' dinance be and are
hereby repealed.
Section 4 . That this ordinance shall be in full force
and effect from and after January 1, 1999 .
s/ Kevin Kell
Kevin K:lly, Mayor
Presented: November 4 , 1998
Passed: November 4, 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: November 5, 1998
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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