§ 86-276. Connection charges.

(a)

Sanitary sewer connection charges. Sanitary sewer connection charges shall be based upon a user's potential needed capacity in the treatment facility in accordance with Schedule A. Each new user or existing user who changes its use requiring additional capacity in the treatment facility shall be charged a connection charge or an additional connection charge. Such connection charge shall apply to all connections to the village's sewer system resulting from new construction or the change of an existing use whereby additional capacity shall be required from the treatment facility. Metering of user's flow shall be utilized to determine user fees charged such user by the village. Metering shall also be used as a means of verification by the village or commission, but shall not be used to reduce a user's connection charge from that determined through use of Schedule A. The connection charge shall be determined separately by the commission for each building in accordance with Schedule A.

(b)

Payment required. For each connection of a building sewer to a public sewer within the village, there shall be paid to the village a connection charge as determined pursuant to the Del-Hart Ordinance and this article, as amended from time to time, together with any other tapping fees, impact fees or similar charges imposed under such ordinance for the privilege of connecting to the public sewers. Such connection charge shall be assessed to the person seeking the connection and shall be paid as a condition precedent to obtaining a building permit, or in the case where no building permit is sought, it shall be paid as a condition precedent to connection. The connection charge of the village shall be in such amounts and shall be paid at such time as the village may from time to time determine. Failure to pay any connection charge when due shall constitute a violation of this article.

(c)

Amount of initial/additional connection charges. Connection charges applicable to the sanitary sewer system within the village, or any extension thereto, shall be as follows:

(1)

Per DUE within the Village of Hartland:

Year	2015	2016	2017
Amount	$7,323.00	$7,323.00	$7,323.00

 

(2)

Per DUE outside the Village of Hartland:

Year	2015	2016	2017
Amount	$9,154.00	$9,154.00	$9,154.00

 

(d)

Annual adjustment to connection charge. Effective January 1 of the year after the last date referenced in section 86-276(c), and each calendar year thereafter, the connection charge shall be annually adjusted based upon changes to the "Engineering News Record Construction Cost Index" (the "index"), which index most closely reflects construction costs of the wastewater facilities. The adjustment shall reflect changes to the index during the period of July 1 through June 30 of each year. The connection charge shall be increased or decreased annually by the percentage increase or decrease (rounded) in the index, determined as of June of each year commencing with the year 2006. By way of example only, if the index in June of 2005 was 7629.95 and the index for June 2006 is 8010.00, the changes in the index represent a percentage increase of 5.0 percent for the 12-month period of time (June 2005 to June 2006). Accordingly, the connection charge would be increased by $183.00 (rounded) for an adjusted connection charge of $3,840.00, rounded, for the year 2007. The commission shall notify all municipalities no later than November 1 of each calendar year (commencing on November 1, 2006) of the adjusted connection charge for its facilities to become effective as of January 1 of the succeeding year. The connection charge shall be in the amount so determined for the calendar year within which a permit is issued by the customer to allow for the user building sewer to be connected to the sanitary sewer. Notwithstanding anything to the contrary contained in this article, the commission may by resolution duly adopted on or before December 31 of any year, elect not to adjust the connection charge for the succeeding calendar year whenever the commission determines that the public interest will be served thereby.

(e)

Application of connection charge. In collecting the connection charges, the following shall apply:

(1)

The connection charge is applicable to new users of the wastewater facilities as well as existing users who substantially increase their wastewater discharges to the wastewater facilities. For existing users, an additional connection charge is due when the average daily flow from such user increases by one DUE or more over an average 24-month period, the first 12 months of which is determined on a July 1 through June 30 time period or other continuous 12-month period based on the village's meter reading schedule. The commission shall establish the initial or increased DUE by the process established in the commission ordinances.

(2)

A user and/or customer shall have the right to appeal the aforesaid determination of initial or additional DUEs by the process established and administered by the commission.

(3)

An adjusted connection charge, Del-Hart is a charge against a customer resulting from new users or existing users substantially increasing their wastewater discharges, where those users are located within the area served by the said customer and who connect a building sewer that discharges to the wastewater facilities.

(4)

DUEs shall be determined for all uses in accordance with the ordinances of the commission in effect and as amended from time to time. Attached hereto and incorporated herein is Schedule A, which is a conversion schedule for determining DUEs applicable to various types of properties and uses thereof; and shall be used by the customer for purposes of determining applicable DUEs, either for new users or users who substantially increase their wastewater discharges. Once a connection charge has been finally determined and paid, and following expiration of all applicable time periods within which an appeal may be taken, the connection charge shall not be subject to refund, even if the user in question changes its use in such manner that fewer DUEs are applicable thereto. Under no circumstance shall there ever be less than one DUE for each building sewer connected to a sanitary sewer, unless the commission by resolution determines otherwise. The commission may at any time require a user to install appropriate meters to determine whether or not increased wastewater flows have or are occurring relative to the property in question in accordance with section 86-278 of this Code.

(Ord. No. 786-10, § 1, 12-13-2010; Ord. No. 800-12, § 2, 12-10-2012; Ord. No. 833-15, §§ 1, 2, 3-23-2015)