10865-22 Amending System Development Charges within Various Sections of Chapter 17, Article 10 of the South Bend Municipal Code

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Substitute Bill No. 29-22 ORDINANCE NO. 10865-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE • CITY OF SOUTH BEND, INDIANA,AMENDING SYSTEM DEVELOPMENT CHARGES WITHIN VARIOUS SECTIONS OF CHAPTER 17,ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE (SUBSTITUTE) STATEMENT OF PURPOSE AND INTENT The City of South Bend owns and operates a water and sewer utility, and on October 24, 2016, this Council adopted Ordinance No. 10440-16 which repealed and replaced the previously imposed compact fees with system development charges to cover some of the City's cost of connecting new customers to the City's water or sewer utility service. These charges also applied to existing customers for their new uses that would materially change the demands on the City's water and/or sewer utility. The system development charges for both water and sewer service adopted in 2016 were computed using what is known as the "Equity Method." Among other things, they appropriately exempted connections to new structures which replaced an older structure of similar use located on the same property. These changes are part of Mayor Mueller's strategy to ease the ability of property owners to build residential infill developments and in neighborhoods. Among the changes included in this ordinance are the waiver of SDC for developments of five or fewer residential units.For residential infill development of five or more units constructed by non-for-profits or supported by low-income housing tax credits, the SDC will also be waived. Amending Sections of the South Bend Municipal Code at Chapter 17, Article 10 as set out in this ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION 1 . Chapter 17, Article 10 of the Municipal Code of the City of South Bend, Indiana shall be amended to read in its entirety as follows: ARTICLE 10. WATER AND SEWER INSTALLATION CONSTRUCTION FEES Sec. 17-79 Definitions. - • •• ! • • , . •• • . • • • • • . . F As used in this Article, the following terms, phrases, words, and their derivatives shall have the meanings set forth below: (1) Equivalent Residential Unit("ERU") is one residential unit and corresponds to an estimated wastewater or water flow of three hundred ten(310) gallons per day. (2) Infill development is construction on land that has been vacant, unused, or underutilized within current City limits where municipal water and sewer services are already available. (3) Mixed use structure is any structure that contains both residential and non-residential units. (4) Non-residential unit is any structure not primarily used as a dwelling unit for one household, such as apartment buildings, mixed-use structures, or commercial structures.