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. . OR 1:;( 5173 PG 1009 <br /> u'A 0f 14 <br /> (1) a statement from the Finance Division summarizing Capacity Fees collected <br /> and disbursed during the preceding two years for Wastewater Facility Projects; <br /> (2) a statement from the Department summarizing the Utility Service Area Wastewater <br /> Facility Projects initiated and completed during the preceding two (2) years by the <br /> City; <br /> (3) a statement from the Department summarizing the applications for service <br /> approved, by type of Principal Use, during the preceding two (2) years; <br /> (4) a statement from the Department that the Wastewater Facility Projects undertaken <br /> with Capacity Fee funds are consistent with the adopted CIP, Wastewater <br /> Improvement Program and Comprehensive Plan. <br /> (c) Based on the biennial report and such other facts as the Council deems relevant and <br /> appropriate, the Council may amend this Ordinance. <br /> (d) Nothing herein precludes the Council or limits its discretion to amend this Ordinance <br /> at such other times as may be deemed necessary. <br /> SECTION 13. Petitions and Appeals. <br /> (a) For development for which an Equivalent Dwelling Unit category is not listed in the <br /> applicable fee resolution in effect at the time of application for service,the City shall utilize <br /> the most similar Equivalent Dwelling Unit category listed in terms of wastewater facilities <br /> characteristics as defined in this Ordinance. The Utilities Department is authorized to make <br /> the determination of the appropriate Equivalent Dwelling Unit category, based upon the <br /> predominant wastewater facilities demand characteristics of the proposed Principal Use. <br /> (b) The applicant, by filing a petition in accordance with Section 14(c), or the City <br /> Utilities Department may elect to undertake and perform a special Unit Demand Study for <br /> such Principal Use,which study shall result in the identification of an appropriate Equivalent <br /> Dwelling Unit value for such Principal Use. If the Study is limited in its applicability solely <br /> to the facts of a given Principal Use, due to unique and long-term wastewater facilities <br /> demand characteristics of the specific Principal Use, the Study shall be performed by the <br /> applicant and submitted to the City Utilities Department for review and approval or <br /> disapproval. If the Study is generally applicable to an Equivalent Dwelling Unit category <br /> type,the Study may be performed either by the applicant, subject to review and approval or <br /> disapproval by the City Utilities Department, or by the City Utilities Department at its <br /> discretion. The resultant Equivalent Dwelling Unit category may be adopted by resolution <br /> and thereafter shall be applicable to all Principal Uses with such category. <br /> (c) (1) Any applicant,prior to or in conjunction with the submission of an application <br /> or service and/or building permit,may petition the City Manager for a determination <br /> that the Equivalent Dwelling Unit demand category or capacity value per Equivalent <br /> Dwelling Unit demand or demand utilized in the Equivalent Dwelling Unit Table is <br /> inappropriate for the proposed Principal Use. <br /> (2) If the applicant submits a petition,the data or information said to demonstrate <br /> that one or more of the values used in the applicable Equivalent Dwelling Unit Table <br /> is inappropriate for the proposed Principal Use shall be based upon the one of the <br /> following and must establish a more appropriate value for the proposed Principal <br />