A. The developer of a body of water or a turf-related facility that is required pursuant to this article to use non-potable or untreated water supplies delivered by the City is responsible for constructing any water treatment or delivery system components necessary for that delivery not included in a facilities plan or master plan approved by the Council and not included in the five-year capital improvement program approved by the Council. The Director will determine whether a component is included in an approved plan and in the approved capital improvement program as of the date the developer applies for a necessary City permit for the development of the body of water or turf facility.

B. If the developer of a body of water or a turf-related facility is not required by this article to use non-potable or untreated water supplies because the facility is located in an area for which the cost of service of that water supply is currently prohibitively high, but is located in an area for which the City has a master plan showing extension of a non-potable or untreated water line in the future, the developer must construct non-potable or untreated distribution lines from the turf area or body of water to the boundary of the development of sufficient size to allow for future use of non-potable water for that turf facility or body of water.

C. If to comply with this article, a developer must extend a City non-potable or untreated water main in order to serve a development or project, the City may enter into an agreement with the developer that addresses the delivery and use of non-potable or untreated water. The City may require the developer to construct a pipeline of a diameter larger than that needed to serve the development’s projected peak day demand if the larger pipeline is included in a facilities plan or master plan approved by the Council, but is not yet in the five-year capital improvement program approved by the Council. If required to construct a larger pipeline, the developer’s nonrefundable cost is limited to the amount required to construct a non-potable or untreated water main of sufficient capacity to serve the development’s projected peak day demand. The City will collect connection charges from other developers connecting to the main and will repay those amounts to the developer using the repayment program procedure generally described in Section 37-35. The City will assess the original developer a charge of $100.00 for the administration of each repayment agreement.

D. Any developer that connects to a non-potable or untreated water main constructed by the City or approved by the Council in a planned five-year capital improvement plan shall pay a proportionate share of the City’s cost for the main based on a percentage of the developer’s maximum peak day demand from the water main to the maximum peak day delivery capacity of the water main constructed by the City. If the water main is not yet constructed, but in the City’s five-year capital improvement program, the developer must enter into an agreement with the City to pay the developer’s proportionate share before the date of application for the permit specified in subsection A of this section. (Ord. No. G-6741, § 2 (Exh. A), 2020)