A. The County may, at its sole discretion, participate in the financing of sewer facilities projects and seek reimbursement of cost by establishing a latecomer agreement in accordance with this Chapter.

B. If the project is jointly financed by a combination of County funding and private funding by property owners or developers of real estate, the County has the same right to reimbursement as the other financing participants.

C. Participation in the financing of sewer facilities constructed, as authorized by contract, entitles the County to a proportional share of the reimbursement from latecomers charges paid by Tributary Properties based on the respective contribution of the applicant and the County to the Total Reimbursable Construction Costs.

D. The County’s contribution shall be in the form of connection charge credits as calculated below.

E. Within 120 days after the completion of construction of the Improvements, the applicant shall provide to the County complete and itemized copies of all invoices for eligible costs to determine the Total Eligible Construction Cost.

F. Prior to approval and recording of plat documents for the Development or prior to issuance of any sewer service permit for the Development, the Latecomers Agreement amendment reflecting the final Total Eligible Construction Cost must be fully executed, or alternatively, the applicant shall provide a financial guarantee for the full amount of the connection charges credited for the Development. The financial guarantee must meet the subjective satisfaction of the Department.

G. Within the 120-day period following completion of the Improvements, if the Latecomers Agreement has not yet been amended to reflect the actual construction costs, the properties within the Tributary Service Area may choose to pay their latecomer charges based on the estimated Pro Rata Share stated in the unamended agreement and obtain permits to connect to the Improvements. If the final amended Pro Rata Share is determined to be less than the estimated Pro Rata Share, the difference shall not be refunded to those that chose to pay the estimated latecomers charges before the agreement was amended to reflect actual costs.

H. If the applicant fails to provide complete and itemized copies of all invoices for eligible costs within the 120-day period after completion of the Improvements, all Area Charges and Treatment Plant Capacity Charges credited for the Department shall be due and the applicant must pay these charges in full.

I. This does not prevent the County from collecting amounts for services or infrastructure that are additional expenditures not subject to the contract or agreement, nor does it prevent the collection of fees that are reasonable and proportionate to the total expenses incurred by the County in complying with this Section.