§ 13-1-50. Capital investment fees, water rights dedication requirements.

(a)

Uniform water capital investment (tap or impact) fees. There are hereby imposed uniform water capital investment (tap or impact) fees as calculated in Appendix 17-A to this Code, payable upon application for a sewer Tap in the Town as established by ordinance or resolution of the Board of Trustees.

(b)

Uniform sewer capital investment (tap or impact) fees. There are hereby imposed uniform sewer capital investment (tap or impact) fees as calculated in Appendix 17-A to this Code, payable upon application for a sewer tap in the Town as established by ordinance or resolution by the Board of Trustees.

(c)

Water rights dedication. In order to offset the impact upon the Town's system, a dedication or transfer of water rights to the Town or a cash payment in lieu thereof shall be required for all Development or properties connected to or expanding use of the Town's Utilities as follows:

(1)

Prior to approval of the annexation of any land to the Town or the subdivision or replatting of any land previously annexed;

(2)

Prior to all new extensions of water services which will thereafter be used for domestic, commercial or industrial purposes. This Subsection shall not apply to the extension of a new municipal service to property for which the basic dedication requirement was met at annexation, subdivision or replatting.

(3)

The Town may by separate agreement provide for the transfer of water rights, or cash payments in lieu thereof, at times other than provided in Paragraphs (1) and (2) above.

(d)

Basic water rights dedication requirements. Water rights shall be dedicated in the following quantities:

(1)

Developers of residential uses shall dedicate to the Town water rights yielding one (1) acre-foot of water per year for each dwelling unit to be served by the Town water Utility.

(2)

Developers of commercial or industrial uses shall dedicate to the Town water rights in the quantity sufficient to satisfy the ultimate water demand of the commercial or industrial uses as determined by the Town.

(e)

Procedure for dedicating water rights. The Town shall have the sole right of determination to accept or reject any water rights proposed for dedication pursuant to the provision of this Section, or to allow a cash payment in lieu of water rights dedication to satisfy the basic dedication requirement. At the time of submission, the applicant shall indicate the water rights proposed to be dedicated to the Town, or the amount of cash in lieu thereof that is proposed to be paid to the Town.

(f)

Cash in lieu of water rights dedication. Cash payments in lieu of water rights dedication shall be equal to the fair market value of the water rights necessary to satisfy the basic water rights requirement. The Town shall determine from time to tome the cash in lieu payment amount to be paid after a public hearing before the Board of Trustees with the decision of the Board of Trustees being final and conclusive. (Prior code 7.01.03; Ord. 11-1987 §1; Ord. 21-1997 §1; Ord. 26-1997 §1; Ord. 16-1998 §6; Ord. 17-1999 §1; Ord. 11-2007 §1)

(Ord. No. 1-2016WE , 9-13-16)