Anderst - SAC Issue - Laserfiche WebLink

Home Browse Search

5.2.1.8 Retroactive SAC MCES will retroactively assess SAC when appropriate Determinations should have,but did not occur. In such a situation,if the Community has a proven record of acting in Good Faith,MCES may, at its discretion,collect SAC at the rate it should have paid(in the prior years),or in special circumstances forego the collection of the retroactive SAC,based on a Community appeal. 5.2.1.9 Determination Appeal A Community can request an appeal review of a SAC Determination or other matters in these rules. A formal letter must be sent,detailing the facts of the situation and providing supporting documentation,to the MCES Finance Director.After completion of the appeal review and consultation with the Community,a written decision will be sent to the Community.Appeals will not be accepted if sent directly to the Council or MCES by a property or business owner. 5.2.1.10 Fraudulent Declarations If any fraudulent declarations or plans are discovered,MCES will exercise its discretion and deny appeals and retroactive SAC relief, and, in addition,may apply any other penalties or measures that are permitted by law. 5.2.1.11 Temporary Capacity Charge A temporary use on a Commercial Property may qualify for a Temporary Capacity Charge in lieu of SAC, at the Community's discretion. To qualify for the Temporary Capacity Charge,the temporary use must have a predetermined end date,with a maximum duration of 36 months. (Note: Communities are responsible for determining whether they have authority to, and want to,recover from property owners the amount of the Temporary Capacity Charge paid to MCES by the Community.) The Temporary Capacity Charge is a one-time charge which the Community must pay to MCES at the time that SAC would ordinarily be paid(usually at the issuance of a building, sewer connection or business permit).The number of Temporary Capacity Charge units to be assessed will be determined in the same manner as SAC units are determined and Credits shall be available in the same manner as SAC Credits would be for a Site.The Temporary Capacity Charge rate is 1/20th of the then current SAC rate per year,and 1/240th per month for partial years. Example: A school temporarily occupies a strip mall(while permanent facilities are being built).The school enters a lease on the strip mall Site for 26 months. A SAC Determination shows the school use equates to 27 Net SAC units. If the Community chooses the Temporary Capacity Charge approach,the Temporary Capacity Charge will be: 27 units x 26 months x Temporary Capacity Charge rate(current SAC rate/240). The Temporary Capacity Charge is not considered a commitment of capacity by MCES,rather a rental of the reserve capacity due to the temporary nature of the service.The Temporary Capacity Charge will not be considered a partial SAC payment,nor used to calculate a higher use for future SAC Credit Determinations on the Site. Temporary Capacity Charge payments generate no new SAC Credits. When a permanent use of the Site(that held the temporary use)occurs,any Credit that was used to determine the Temporary Capacity Charge will again be allowed as SAC Credit for the New Use. A temporary use of a space by the same or subsequent party on a Site that utilized the Temporary Capacity Charge, and that would extend the temporary use beyond the 36 month limit,will not qualify for the Temporary Capacity Charge. In such a situation a new SAC Determination is required and additional SAC may be due from the Community,per regular rules. Page I 20