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(A) Funds generated from reimbursement fees may be spent only on capital improvements associated with the systems for which the fees are assessed including expenditures relating to repayment of indebtedness.

(B) Funds generated from improvement fees may be spent only on capacity increasing capital improvements, including expenditures related to repayment of debt for such improvements.

(1) An increase in system capacity may be established if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities.

(2) The portion of the improvements funded by improvement fees must be related to the need for increased capacity to provide service for future users.

(C) Any capital improvement being funded wholly or in part with system development charge revenues must be included in the plan and list adopted pursuant to § 53.08 of this chapter.

(D) Notwithstanding divisions (B) and (C) above, system development charge revenues may be expended on the costs of complying with the provisions of this chapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge expenditures. (Ord. 2009-01, passed 05/11/2009; Ord. 2022-01, passed 06/13/2022. Formerly 51.35)