SUBJECT: Consent Agenda
Title
An Ordinance of the Board of Trustees of the Town of Erie Amending Section 8-1-9 of the Erie Municipal Code Regarding Annual Audits of Water Demands for Water Dedication Purposes
Body
DEPARTMENT: Public Works
PRESENTER: Todd Fessenden, Public Works Director
Peter Johnson, Vranesh & Raisch - Town Water Attorney
STAFF RECOMMENDATION:
Recommendation
Approve the Ordinance Amending Section 8-1-9 of the Erie Municipal Code Regarding Annual Audits of Water Demands for Water Dedication Purposes.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Under Section 8-1-9 of the Erie Municipal Code, the Town of Erie requires an annexor, developer, or owner of a proposed land development project to dedicate water rights or pay "fees in lieu" to the Town in an amount sufficient to meet the water demands at the proposed development, subdivision, or project ("Water Dedication Requirement"). The Town and the annexor, developer, or owner (as applicable) will determine the amount of the Water Dedication Requirement based on certain planning assumptions and analyses set forth in the Code and other rules and regulations. The annexor, developer, or owner will be required to meet its Water Dedication Requirement prior to the Town's approval of any subdivision, change in land use, or extension of water service.
Because the Water Dedication Requirement is determined early in the land use planning process, the actual water use that ultimately occurs at the as-built development, subdivision, or project may differ from the previously calculated Water Dedication Requirement. At times, the actual water use may exceed the Water Dedication Requirement. The Town Code currently does not describe a specific procedure for the Town to review actual water usage and impose an additional Water Dedication Requirement.
This Ordinance authorizes the Town to perform an annual audit of any annexation, subdivision, or other project to confirm that the water demand...
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