§ 98-384. Pro rata cost allocation where public utilities are financed by initial developer.

(a)

If a public utility system is installed within a drainage basin or service area by a developer, each subsequent development within the drainage basin or service area which ties into the public utility system shall pay a pro rata share of the cost of the utility system installed by the initial developer. The pro rata fee shall be paid prior to connection to the utility system. The pro rata fee for each subsequent development seeking service shall be determined on a cost per acre basis by calculating the proportional area of the new development to the total area within the drainage basin or service area served by the public utility system, multiplied by the total cost of the public utility system installed by the initial developer. Total cost of the utilities shall include construction, engineering, attorneys fees, surveying, testing, easement preparation, easement acquisition, and inspection costs.

(b)

Each initial developer shall be entitled to a rebate of the pro rata charge against subsequent developers for a period of ten years following completion and acceptance of the utilities. At the expiration of the tenth year, the developer will no longer be entitled to receive any reimbursement.

(Ord. No. O-98-004-11, § 1(21-178), 1-26-98)