§ 16-904. Determination for nonresidential development.

(a)

Representatives of the City and representatives of each proposed user of new nonresidential development shall negotiate in good faith to determine the projected water use and number of anticipated employees of such user. Among factors to be considered will be the number of employees projected under any economic development incentive program, the number of projected employees used in determining the number of required parking spaces, and the amount of water demand projected in sizing the proposed water main to the user. Based upon such negotiations, the factors cited in this paragraph, and other available information, the Director of Public Works or that person's designee shall determine the proposed fee and issue a fee determination letter, which letter shall explain the computation of the fee.

(b)

If the proposed user or other person actually paying the fee objects to the fee set forth in the fee determination letter, then that person or entity may obtain at the applicant's expense an individualized determination through the following process. The person or entity objecting to the fee shall submit to the City a list of at least three (3) reputable consultants competent to assess the potential water usage and employment in the facility. The Public Works Director shall select one (1) of such consultants or may, for good cause, reject all of them and designate one (1) or more other consultants, from which the user shall select a consultant. The consultant selected through this process shall then assess the projected water usage and employment of the proposed facility, and the fee imposed shall be based on that assessment.

(Ord. No. 0-9697-2)