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(a) Service connection fees. A service fee shall be charged for each connection to the water system. The connection fee calculation includes the water transmission development fee and all other costs associated with connection to the water system. The service connection fee calculation is the average daily recoverable usage (gallons per day) multiplied by $80.44 plus nonrecoverable usage (gallons per day) multiplied by $112.89. New connections platted before January 1, 2017, may be subject to a credit for the water transmission fee paid. The service connection fee for each customer class is listed below:

(1) Single-family detached users. The service connection fee for a single-family detached user shall be equal to the sum of the fees attributable to indoor and outdoor use of the lot or parcel as follows:

a. Indoor fee. The portion of the fee attributable to indoor use shall be based upon number of bathrooms in the dwelling unit at time the certificate of occupancy for such unit is issued:

Table A. Indoor Fee

Number of Bathrooms

Indoor Use (measured in gallons per day)

Fee

1—2

95.89

$7,714

3—4

154.93

$12,463

5—6

268.49

$21,598

b. Outdoor fee. The portion of the fee attributable to outdoor use shall be based upon the total square footage of the lot or parcel as described in the subdivision plat and shall be determined in accordance with the following calculation:

Properties not subject to section 138-191:

Outdoor fee = Square footage of the lot or parcel x 0.01638 gallons per square foot x $112.89

Properties subject to section 138-191:

Outdoor fee = Square footage of the lot or parcel x 0.01160 gallons per square foot x $112.89

Lots larger than 32,670 square feet may apply for an adjusted lot size calculation based on the nonnative areas. The general manager may approve the adjusted square footage based upon the nonnative area in the landscaping plan for the property. The adjusted square footage for purposes of calculating the outdoor fee shall be 32,670 square feet, plus any additional square footage for any nonnative area.

The property shall have an annual allocation in gallons that equals:

For properties not subject to section 138-191:

(Indoor use from table A + (the adjusted square footage x 0.01638 x 365))

For properties subject to section 138-191:

(Indoor use from table A + (the adjusted square footage x 0.01160 x 365))

The property owner must agree to the annual allocation pursuant to an allocation agreement that will be recorded on the property. The property owner and each successive owner may apply annually between September 1st and November 30th to the general manager for an increase to the allocation. Any changes to the allocation shall require an additional payment of the then current outdoor fee based on the increased square footage for the nonnative area.

For any year in which the water usage is more than the annual allocation, a capital recovery fee will be assessed as specified in subsection (a)(6) of this section.

(2) Single-family attached users. The service connection fee for a single-family attached user shall be equal to the sum of the fees attributable to indoor and outdoor use of the lot or parcel as follows:

a. Indoor fee. The portion of the fee attributable to indoor use shall be $12,341 per unit.

b. Outdoor fee. Users with common areas not served by a separate irrigation shall be charged an outdoor fee based upon the total square footage of the lot or parcel as described in the subdivision plat and shall be determined in accordance with the following calculation:

For developments not applying section 138-191:

Outdoor fee = Square footage of the lot or parcel x 0.01638 gallons per square foot x $112.89

For developments applying section 138-191:

Outdoor fee = Square footage of the lot or parcel x 0.01160 gallons per square foot x $112.89

(3) Multi-family users. The service connection fee for a multi-family user shall be $12,341 per unit. For any outdoor usage, multi-family users must utilize a separate irrigation meter and pay the connection fee set forth in this subsection (a)(3).

(4) Commercial users. The service connection fee for a commercial indoor user shall be as follows:

Table B. Service Connection Fee (Indoor Use)

Service Connection Size (Inches)

Fee

⅝ and ¾

$28,063

1

$50,234

Outdoor use. Commercial users with meters one inch and smaller with landscaped areas not served by a separate irrigation system shall be charged an outdoor fee based upon the total landscaped area in accordance with the irrigation users' connection fee described in this subsection (a)(4).

For a service connection size of one and one-half inches or greater, the service connection fee for a commercial user shall be a minimum annual allocation of 1,400 gpd and determined in accordance with the following calculation:

Verified average daily demand of the commercial user (measured in gallons per day) x $80.44 + verified average daily nonrecoverable demand use (measured in gallons per day) x $112.89

For purposes of this section, verified average daily demand shall be determined by the general manager and shall be based on the number of fixtures and the characteristics of the commercial development.

A property owner requiring a meter size of one and one-half inches or greater must agree to the annual allocation pursuant to an allocation agreement. The agreement will be recorded on the property as notification to each successive owner of the restrictions on the water allocation allowance. The property will be subject to the adjusted size capital recovery fee. For any year in which the water usage is more than the annual allocation, a capital recovery fee will be assessed. See subsection (a)(7) of this section for capital recovery fees.

(5) Irrigation users. The service connection fee for an irrigation user shall be as follows:

a. For non-water-conserving landscaped common areas:

Connection fee = $5.27 per square foot of landscaped area.

Transmission development fee = $0.13 per square foot of landscaped area.

Irrigation combined fee = $5.40 per square foot of landscaped area.

b. For water-conserving landscaped common areas:

Connection fee = $2.82 per square foot of landscaped area.

Transmission development fee = $0.07 per square foot of landscaped area.

Irrigation combined fee = $2.89 per square foot of landscaped area.

For purposes of this section, whether the landscaping proposed to be installed by the irrigation user qualifies as water-conserving landscaping shall be determined at the sole discretion of the general manager in accordance with all applicable provisions of this chapter and chapter 146 (Unified Development Ordinance).

c. A property owner requiring an irrigation meter must agree to an allocation agreement. The agreement will be recorded on the property as notification to each successive owner of the restrictions on the irrigation allowance. For any year in which the water usage is more than the annual allocation, a capital recovery fee will be assessed. See subsection (a)(7) of this section for capital recovery fees.

d. Irrigation users with a landscaped area that has been approved as a Z zone by the general manager can apply for an adjusted size calculation for the designated Z zone irrigation area.

The allocation agreement for an irrigation user with an approved Z zone will have an adjusted allocation that only allows for three years of irrigation for plant establishment in the Z zone.

(6) Mixed-use users. The service connection fee for mixed-use users shall be equal to the sum of the service connection fees attributable to each class of use identified in the service connection application.

(7) Capital recovery fee. A capital recovery fee will be assessed monthly for any month in which cumulative water usage exceeds the annual allocation.

Table C. Monthly Capital Recovery Fee

Recovery Fee for Exceedance of Annual Allocation Occurring Jan 1—Jun 30

Recovery Fee for Exceedance of Annual Allocation Occurring Jul 1—Dec 31

Fee per 1,000 gallons

$20.16

$10.08

If a user exceeds the annual allocation prior to July 1st, the recovery fee will be $20.16 per 1,000 gallons through December 31st. If the user exceeds the annual allocation after July 1st, the monthly recovery fee shall be $10.08 per 1,000 gallons through December 31st. The assessed capital recovery fee will be in addition to Aurora Water regular water rates.

The property owner and each successive property owner may apply annually between September 1st and November 30th to the general manager for an increase to the allocation. Any changes to the allocation shall require an additional payment to the fee based on the increased usage. The payment will be based on the then current fees.

There shall be no refund of the service connection fee under any circumstances.

(b) Time of payment.

(1) Nonirrigation users. Payment of the service connection fee for a residential, commercial, or mixed-use user shall be paid in full prior to application of the building permit. Payment of such fee shall be a prerequisite to the issuance of a certificate of occupancy. The amount of such fee shall be calculated according to the fee schedule in effect at the time payment is made.

(2) Irrigation users. Payment of the service connection fee for an irrigation user shall be made prior to the issuance of a building permit for the lot or parcel connecting to the water system. An irrigation tap shall be used only for irrigation purposes.

Each irrigation user will be assigned a service address and billing account in the name of the property owner and manager if different from property owner. Any landscape plans submitted by the irrigation user must be approved by both Aurora Water and the planning department prior to the issuance of a building permit. All determinations as to the size and type of irrigation tap required shall be at the sole discretion of the general manager, consistent with the provisions of this article. Any such determination involving area demarcations or calculations, or volumetric calculations, shall be made available to the user for inspection, upon request.

(3) Prepayment. The prepayment of service connection fees shall not be permitted under any circumstances.

(c) Limitations. A tap on the water system shall be used for the sole purpose of providing water service to the lot or parcel identified in the service connection application and for which a building permit is issued. If the building permit is canceled or expires at any time prior to the tapping of the water system, the applicant shall be required to submit a new service connection application and pay the service connection fee in effect at the time of such application; provided, however, that a credit for the service connection fees previously paid to the city will be applied toward the fee schedule in effect at the time a new building permit for such lot or parcel is issued.

(d) Transfers. Upon request of the applicant, and in the city manager's sole discretion, the city manager may authorize the application of the service connection fee previously paid for one lot or parcel towards payment of the service connection fee for a substitute property; provided, that the applicant is the owner of both lots or parcels or the owner of the lot or parcel for which the service connection fee was originally paid; and provided, that the applicant submits to the city a request for the transfer and a written release of any claim to the fee. Such transfer may only occur after the issuance of a building permit for the substitute property. Payment of any deficiency between the amount transferred and the fee in effect at the time the payment is made will be required prior to issuance of a certificate of occupancy. Such transfer may only be approved if the city manager determines that such transfer is consistent with the operational efficiency of the water system. This authorization does not grant authority to reduce, waive, defer, or assume service connection fees.

(e) Definitions. For the purposes of this section, the following words and phrases shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Capital recovery fee means a fee paid in addition to the regular water rates for any property granted a reduced connection fee and allocation when the water usage exceeds the agreed upon allocation.

City manager means the city manager of the city; the term "city manager" shall also include such person's designee.

Commercial user means any lot or parcel which contains a building or structure that does not fall within any of the single-family attached, single-family detached, multi-family, or irrigation users as defined in this subsection (e).

General manager means the general manager of Aurora Water or designee.

Irrigation user means any lot or parcel served by a tap on the water system used for the sole purpose of providing water to operate and maintain a permanent, underground, and automatically controlled artificial watering system, which system is designed to transport and distribute water to plant materials on said lot or parcel. A single-family attached, single-family detached, commercial, or mixed-use user may also be an irrigation user for purposes of this section.

Master metered means any user where one meter serves two or more independent dwelling units.

Mixed-use user means any lot or parcel which contains a building that includes both residential and commercial uses and where customers receive master-metered water service. A mixed-use user will be considered a commercial user for purposes of calculating and billing rates and fees.

Multi-family user means any lot or parcel which contains a building with two or more separate independent dwelling units for permanent occupancy arranged in a stacked configuration where residential customers receive master-metered water service. The term "multi-family user" shall also include any master-metered manufactured housing.

Nonnative area(s) means those areas identified as nonnative in the landscaping plan for the property.

Nonrecoverable means any water used by an Aurora Water customer where the unconsumed portion of the water after such use is not discharged to the sewer system and of which Aurora Water is not able to maintain dominion and control. Examples include but are not limited to irrigation use, cooling towers, and other uses not discharged to the sewer system.

Recoverable means any water used by an Aurora Water customer where the unconsumed portion of the water after such use is discharged to the sewer system and of which Aurora Water is able to maintain dominion and control such that Aurora may use its reusable water to extinction.

Service connection means the connection of a service line to a city water main which, upon application to and approval by the general manager and payment of the appropriate service connection fee, results in water service to the lot or parcel and for the particular user class identified in the application.

Service connection fee means a one-time charge assessed to an applicant to connect into the city's water system, including but not limited to transmission and distribution lines, treatment facilities, and source of supply, to permit water service to the lot or parcel and for the particular user class identified in the application.

Single-family attached user means any lot or parcel which contains two or more dwelling units attached as described in section 146-6.2 where each dwelling unit receives individually metered water service.

Single-family detached user means any lot or parcel which contains a single dwelling unit in a single building not attached to any other buildings other than those accessory to the dwelling where residential customers receive individually metered water service.

Tap means the physical connection of a service line to a city water main.

Tapping means the act of making a physical connection of a service line to a city water main.

Water system means the municipal water system presently owned and operated and maintained by the city acting by and through its utility enterprise, together with all equipment of and improvements to such water system.

Z zone means landscaped area that incorporates native plants that do not require supplemental watering once the plants are established. All plant material within these areas must be listed in the "no-water" plant list—Z-rated plants, as found in the landscape manual.

(f) Determination of user class. When there is a dispute about the classification of customers within one of the user classes, the decision of the general manager shall be final and subject only to judicial review.

(g) Meter required. All single-family detached and attached users shall be individually metered. Unless otherwise authorized by the general manager, each building occupied by any multi-family or commercial user shall be separately metered. The landscape area associated with a multi-family user and/or a single-family attached common area must be irrigated through an irrigation meter. Clubhouses, swimming pools, and recreation facilities of a single-family attached or detached user cannot be served by an irrigation meter. Appropriately sized taps will be required to serve these facilities.

(h) Installation of meter. The city shall, as part of its connection service, remuneration for which is to be considered part of the service connection fee, furnish and install the water meter. The applicant for the service connection shall, at his or her sole expense, make the tap, provide and backfill the trench, and provide and install the corporation stop, service line pipe, meter yoke where required, meter pit or vault, curb stop with box, pressure reducing valves where required, and backflow preventer where required, all in accordance with the specifications of the city.

(i) Size of service connection. All service connections larger than three-fourths-inch shall be of uniform size from the tap to the building or structure. The general manager shall reserve the right to reevaluate the size of the service connection when any existing building, structure, or development with a tap is remodeled or the existing usage of such building, structure, or development is changed. The general manager may require a larger service connection to any building, structure, or development if the water requirements when calculated by the fixture unit method, as specified in chapter 22, article X, cause the service line velocity to exceed 10 feet per second.

(j) Stub-out of service line. If the applicant for a service connection desires to stub-out service line connections from the water main to the property line for the purpose of paving, a permit for stub-out shall be requested.

(k) Backflow preventer required. Wherever, in the opinion of the general manager, a reduced pressure backflow preventer is required to eliminate contamination of the public water supply through a specific service connection, such backflow preventer of a type and design approved by the general manager shall be furnished and installed by the applicant, at its expense, in accordance with the specifications of the city.

(l) Banking of meters prohibited. Each service line and meter shall supply a specific building. The banking of meters where a particular building or group of buildings may be supplied by two or more meters shall be prohibited, except in unusual circumstances where two meters may be allowed by the general manager.

(m) Building additions or improvements. If a building or structure undergoes an addition or improvement in which the current meter size is incapable of servicing the resultant total demand per subsection (i) of this section, the applicant will have the option to either replace the existing meter and service line with the appropriately sized meter and service line or install a separate meter and service line to directly service the addition. It is prohibited to interconnect any two or more meters in any situation.

(n) Deferral of service connection fees. The city council declares that assisting owners of residential properties within the city which are not connected to the water system with the financial burden of making such connections serves the public interest by encouraging the use of a safe and reliable source of potable water by all city residents. Therefore, upon application by the owner of any residential property located within the city which is served by an independent water system permitted by section 138-154, the general manager shall defer payment of all service connection fees associated with the connection of such property to the water system. An interest rate of five percent per annum shall be charged on each deferral, with payment of all fees and the interest thereon to occur at such time as title to the property is transferred or five years from the date the deferral is granted, whichever is earlier. Upon request, the owner may enter into an agreement to make monthly payments of fees and interest, upon such terms and conditions as the general manager may authorize; provided, however, that the term of such agreement shall not exceed five years from the date the deferral is granted. As security for payment, a lien shall be placed upon the property at the time the deferral is granted. Any failure of the owner to make payment when due shall result in the immediate certification of all unpaid amounts for collection to the treasurer of the county in which such property is located. This subsection shall apply only to those residential properties which have been developed as of January 1, 1995.

(o) Wet tap fees. Fees for taps for distribution line extensions and fees for taps for private fire protection facilities (wet tap fees) shall be set pursuant to section 2-587. These fees shall be charged in addition to any applicable service connection fee charged for tapping into the distribution line extension. (Code 1979, § 39-83; Ord. No. 2023-55, § 1, 11-27-2023; Ord. No. 2023-44, § 19, 9-11-2023; Ord. No. 2022-62, § 1, 11-14-2022; Ord. No. 2021-57, § 1, 11-8-2021; Ord. No. 2020-54, § 1, 10-19-2020; Ord. No. 2019-83, § 1, 11-4-2019; Ord. No. 2018-57, § 4, 10-29-2018; Ord. No. 2017-51, § 1, 10-30-2017; Ord. No. 2016-51, § 1, 11-14-2016; Ord. No. 2015-25, § 16, 6-29-2015; Ord. No. 2013-33, § 1, 10-14-2013; Ord. No. 2011-36, 11-14-2011; Ord. No. 2010-27, § 1, 8-9-2010; Ord. No. 2009-49, § 1, 11-16-2009; Ord. No. 2009-15, § 1, 4-13-2009; Ord. No. 2008-61, § 1, 11-24-2008; Ord. No. 2006-65, § 1, 11-13-2006; Ord. No. 2005-76, § 1, 10-24-2005; Ord. No. 2005-74, § 1, 10-10-2005; Ord. No. 2005-02, § 1, 2-7-2005; Ord. No. 2003-12, § 1, 4-14-2003; Ord. No. 2003-04, § 1, 1-27-2003; Ord. No. 2003-03, §§ 1, 2, 1-27-2003; Ord. No. 2002-65, § 1, 11-18-2002; Ord. No. 2000-139, § 1, 12-18-2000; Ord. No. 96-66, § 2, 12-16-1996)