16.04.090 WATER RIGHTS REQUIRED

A. The City shall have the right of first refusal to purchase any water shares or rights used with the property proposed for development beyond those needed to meet the requirements for adequate water for the development as set forth herein. The purchase price for said shares or rights shall be the current market price as determined by independent appraisal or the price per share specified in Millville City resolution, whichever is greater. The expressed intention of the City is to acquire sufficient water rights to meet the future water demands of the City. B. The City has determined that it has insufficient water supplies to meet future water demands if development occurs. To meet the demands of additional water use from new development, the City will require as a condition of subdivision and development approval either a fee set by resolution or water shares set by resolution. The water share(s) must be from a source acceptable to the City at its sole discretion. 1. If desired water shares are available, then the water shares must be transferred first. 2. For a minor subdivision, the subdivider shall transfer one half (½) share of water or the equivalent payment of fees per new additional parcel created. For example, if a single parcel is split into three (3) parcels, two (2) additional parcels will have been created and the subdivider will transfer to the City one (1) share of water (½ share for each of the new parcels). 3. For a major subdivision, the subdivider shall transfer one (1) water share per acre of total land subdivided with a minimum of one half (½) water share for land less than one half (½) acre subdivided. For example, if the developer is subdividing 7.3 acres into four (4) or more parcels, the subdivider will transfer to the City 7.5 water shares. The landowner and/or developer shall transfer the water shares or payment of fees before the approval of the final plat. The landowner and/or developer can combine water shares and fees to be transferred to the City. The City resolution sets out water share equivalent to fee amount. (Ord. 2025-1, 2025: Ord. 2018-13, 2018: Ord. 2008-4, 2008: Ord. 2002-4 § 1, 2002: Ord. 2002-2 § 2, 2002: Ord. 94-3 § 1)