RESERVE CAPACITY ASSESSMENTS - WATER Sample Clauses

RESERVE CAPACITY ASSESSMENTS - WATER. The DEVELOPER agrees to pay a reserve capacity assessment as required in Section 22.23(2)(b) and other relevant sections of the MUNICIPALITY Code, to be used for the costs of reserve capacity created by the MUNICIPALITY in the MUNICIPALITY's water system for the benefit of the DEVELOPER. The municipality shall levy such assessments in conformity with this Agreement, pursuant to Chapter 66 Subchapter VII, Wisconsin Statutes. The reserve capacity assessments against the above-described property shall be an amount established in the MUNICIPALITY's Land Division Ordinance and is subject to annual increases. The DEVELOPER hereby waives, pursuant to Section 66.0703(7)(b), Wisconsin Statutes, any and all requirements of the Wisconsin Statutes which must be met prior to the imposition of special assessments [including, but not limited to, the notice and hearing requirements of Chapter 66 Subchapter VII] and agrees that the municipality may proceed immediately to levy the special assessments as outlined herein. The DEVELOPER further waives its right to appeal from the special assessments and stipulates that the amount of the special assessments levied against its property has been determined on a reasonable basis and that the benefits to its property from the proposed improvements exceed the amount of the special assessment against such property. In addition, the DEVELOPER waives its rights under Section 66.0627 and agrees to promptly pay any special charges which may be levied against its property. The municipality shall levy such assessments in conformity with this Agreement, pursuant to Chapter 66 Subchapter VII and Section 66.0627, Wisconsin Statutes. (Note: The foregoing applies only if the development includes water facilities, and only if the MUNICIPALITY imposes such fees by RCA. Some municipalities with water facilities impose Impact Fees, rather than RCA, in which case changes are necessary.)
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