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Home My Public Portal About6c Ordinance 436TOWN OF FRASER ORDINANCE NO. 436 Series 2016 AN ORDINANCE AMENDING CHAPTER 13 ARTICLES 2 AND 4 OF THE FRASER CODE. WHEREAS; the Water and Wastewater Committee and Town Board have evaluated the water and sewer Plant Investment Fee schedules and related matters and have determined these amendments to be in the best interest of the community. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDMENTS TO TOWN CODE. [Note: additions are shown in black bold print; deletions are shown as stFikethmugh print.] SEE EXHIBIT A PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF (DPC, 2016. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: 11 S FRA Philip Vandernail, Mayor ATTEST: (S ELu Berger, Town CI rk Published in the Middle Park Times on -, 2016. -2- EXHIBIT A Sec. 13-2-200. — (Water) Connection fees. An applicant for water service from the Town shall pay all connection fees prior to connection as established by the Board of Trustees. Connection fees include, but are not limited to, meter assembly, sill cock and other necessary appurtenances; and such meter installation shall become the property of the Town. • Sec. 13-2-210. — (Water) Plant investment fees. (a) An applicant for water service shall pay a water plant investment fee for each water - using unit requesting such service. Water plant investment fees will be established by the Board of Trustees by resolution and are subject to change from time to time. Such fee shall be paid in full prior to the tomo o h, �ildiRg permit is issued anti Prier to the time that eoeh water using, 4 is cenneEted to the Tewn water system issuance of a certificate of occupancy for any water using unit. Said fee shall be in addition to all other fees or charges relating to water service elsewhere described in this Article, and in no case shall such plant investment fee be rebated under any circumstances. (b) The water plant investment fee for each SFE unit is contained in Appendix A to this Code. (c) Upon payment of the plant investment fee issuance of a building permit, the water - using unit may access the Town water system for construction and firefighting purposes in accordance with the provisions of the Article. Water sep,ine fees are oppliGable to the water_ I SORB Unit ninety (90) days offer payment of the pent in„estmept fee. After issuance of a building permit, and prior to issuance of a certificate of occupancy, water service fees shall be assessed at 33% of the normal base service fee applicable to the unit. (d) The water plant investment fee for any new development, remodel, addition or change of use shall be determined by multiplying the "water plant investment fee per SFE" rate by the applicable SFE multiplier set forth in the SFE Schedule for Plant Investment Fees set forth below. This SFE schedule is based upon typical expectations for the specified meter -3- size and/or use. Unusual circumstances, or uses not specified within the schedule, may require further evaluation to determine the applicable SFE rate. SFE SCHEDULE FOR PLANT INVESTMENT FEES (1) A single-family residence is considered as a unit for all rate and fee calculations and is referred to as a Single -Family Equivalent (SFE). (2) Due to fire sprinkler and other requirements in some neighborhoods, single-family residences are provided service by a range of water meter sizes between five -eights - inch and one -inch meters. A single-family residence serviced by such size water meter shall be considered one (1) SFE. A single-family residence requiring a meter larger than one (1) inch shall be assessed SFEs pursuant to the schedule provided by Paragraph (5) below. (3) Accessory dwelling units as provided by the Zoning Ordinance shall be considered .35 SFE.. (4) Multi -family residential units: homes) shall he assessed ono (I ) CCC per Urlii• a) Individually owned units, such as townhomes and condominiums, shall be assessed in accordance with paragraph (1) above. b) Multi -family rental units under common ownership, such as apartment buildings, shall be assessed as follows: 1) Studio unit equals .25 SFE 2) One or two bedroom unit equals .3 SFE 3) Additional bedrooms equal .1 SFE per bedroom M (5) Commercial structures shall be assessed a number of SFEs based upon the meter size in accordance with the following schedule: Commercial Meter Size 3/" meter 1 SFE 1" meter 2 SFE 1'/2" meter 4 SFE 2 inch meter 8 SFE 3" meter 12 SFE 4" meter 24 SFE 6" meter 48 SFE (6) (4) Mixed use residential and commercial structures shall be assessed SFE's based upon the commercial meter size as provided by Paragraph (6) (3) above plus -5- (e) A water-using unit that replaces an existing water meter with a larger water meter, or any other change in use or additions, shall be responsible for additional plant investment fees in accordance with the increase in SFEs. (f) A wat8F USiRg property that has paid a plant 'RVeStMeRt fee but has RGt Yet GE)RReGted tG the water system er haS RGt yet passed the water MeteF iRSPeGtieR fer a Rew meter will be Sec. 13-2-240. - Water service rates. Fees are hereby levied and assessed for water and water service at the rates as established from time to time by resolution adopted by the Board of Trustees. Such rates are hereby found, determined and declared by the Board of Trustees to be equitable and just. Sec. 13-2-250. - Basis for water service fee. All rates for water service shall be based on the SFE schedule 1- 24-0(d) of this or+ Bio for water service fees as set forth below. Fees for water service will be established and subject to change from time to time upon approval of the Board of Trustees by resolution. SFE SCHEDULE FOR WATER SERVICE FEES (1) A single-family residence is considered as a base unit for all rate and fee calculations and is referred to as one Single -Family Equivalent (SFE). (2) Due to fire sprinkler and other requirements in some neighborhoods, single- family residences are provided service by a range of water meter sizes between five -eights -inch and one -inch meters. A single-family residence serviced by such size water meter shall be considered one (1) SFE. A single-family residence requiring a meter larger than one (1) inch shall be assessed SFEs pursuant to the schedule provided by Paragraph (5) below. -6- (3) Accessory dwelling units as provided by the Zoning Ordinance shall be considered .35 SFE. (4) Multi -family residential units (townhomes, apartments, condominium units, mobile homes) shall be assessed one (1) SFE per unit. (5) Commercial structures shall be assessed a number of SFEs based upon the meter size in accordance with the following schedule: Meter Size 5/8 or % inch meter 1 SFE 1" meter 2 SFE 11/2" meter 4 SFE 2 inch meter 8 SFE 3" meter 12 SFE 4" meter 24 SFE 6" meter 48 SFE -7- (6) Mixed use residential and commercial structures shall be assessed an SFE based upon the commercial meter size as provided by Paragraph (5). (7) Vacant platted residential lots shall be assessed an availability of service fee which shall be 5% of the base service fee. Sec. 13-2-290. - Delinquent charges placed on tax rolls. In addition to or as an alternative to the foregoing sections for collection of unpaid water charges, and to the other remedies provided in this Article, in the event that any charges as provided in this Article are not paid when due, which charges shall include service fees, plant investment fees, penalties, interest and attorneys' fees, among any other charges, the Town Clerk may certify such delinquent charges to the County Treasurer to be placed by the County Treasurer upon the tax rolls for the current year, to be collected in the same manner as other taxes are collected, with ten percent (10%) of the amount of such delinquency added thereto to defray the costs of collection; and all laws of the State for the assessment and collection of general taxes and the enforcement of liens therefor, including the laws of the sale of property, delinquency taxes and redemption of the same, shall apply. The property to be assessed the delinquent charges shall be that real property which is being benefited by the water service provided by the Town or contemplated to be provided by the Town, for which the particular water charges have not yet been paid. This certification and assessment may be made by the Town Clerk whenever any delinquent charges exist. Sec. 13-4-50. — (Sewer) Plant investment fees. (a) An applicant for sanitary sewer service shall pay a sanitary sewer plant investment fee for each sanitary sewer -using unit requesting such service. Sanitary sewer plant investment fees will be established by the Board of Trustees by resolution and are subject to change from time to time. Such fee shall be paid in full prior to the time a build;Rg permit is issued sewer system issuance of a certificate of occupancy for any sewer using unit. Said fee shall be in addition to all other fees or changes related to water service elsewhere described in this Chapter, and such plant investment fee shall not be rebated under any circumstances. (b) The sanitary sewer plant investment fee for each SFE unit is contained in Appendix A to this Code. (c) Upon paYmeRt of the r,ia„+ Ryestme ;wee issuance of a building permit, the sanitary sewer -using unit may access the Town sanitary sewer system for construction in accordance with the provisions of this Article. Sanitary sewer serVioe fee6 are app"Gable tG the SaRif-.r, i�f1\N-1 Rg UR i4 n riofv /x(11 ra�vc after nn mond �f the nl'. rif in �io�tmo�# foo After issuance ...y.t „ „ .� 190) dugs � pays eRt plaRt t tee. of a building permit, and prior to issuance of a certificate of occupancy, sewer service fees shall be assessed at 33% of the normal base service fee applicable to the unit. (d) The sanitary sewer plant investment fee for any new development or change of use shall be determined by multiplying the sanitary sewer plant investment fee per SFE rate by the applicable SFE multiplier set forth in the SFE Schedule for Plant Investment Fees in Paragraphs 13-2-210(d)(1-6) of this Chapter. This SFE schedule is based upon typical expectations for the specified water meter size and/or use. Unusual circumstances or uses not specified within the schedule may require further evaluation to determine the applicable SFE rate. (e) A sanitary sewer -using unit that replaces an existing water meter with a larger water meter shall be responsible for additional plant investment fees in accordance with the increase in SFEs. Sec. 13-4-70. - Sewer rates. Fees are hereby levied and assessed for sanitary sewer service at the rates as established from time to time by resolution adopted by the Board of Trustees. Such rates are hereby found, determined and declared by the Board of Trustees to be equitable and just. Sec. 13-4-80. - Basis for sanitary sewer service fee. All rates for sanitary sewer service shall be based on the SFE schedule for Service Fees as defined in Paragraphs 14:: � (�11� (! 6) 13-2-250 of this Chapter. Fees for sanitary sewer service will be established and subject to change from time to time upon approval of the Board -9- of Trustees by resolution. Vacant platted residential lots shall be assessed an availability of service fee which shall be 5% of the base rate. Sec. 13-4-110. - Delinquent charges placed on tax rolls. In addition to or as an alternative to the foregoing sections for collection of unpaid sanitary sewer charges, and to the other remedies provided in this Article, in the event that any charges as provided in this Article are not paid when due, which charges shall include service fees, plant investment fees, penalties, interest and attorneys' fees, among any other charges, the Town Clerk may certify such delinquent charges to the County Treasurer, to be placed by the County Treasurer upon the tax rolls for the current year, to be collected in the same manner as other taxes are collected, with ten percent (10%) of the amount of such delinquency added thereto to defray the costs of collection; and all laws of the State for the assessment and collection of general taxes and the enforcement of liens therefor, including the laws of the sales of property, delinquency taxes and redemption of the same, shall apply. The property to be assessed the delinquent charges shall be that real property which is being benefited by the sanitary sewer service provided by the Town, or contemplated to be provided by the Town, for which the particular sanitary sewer charges have not yet been paid. This certification and assessment may be made by the Town Clerk whenever any delinquent charges exist. -10-