(a) For public improvement projects, the grantee cannot recover any capital cost by assessing any amount against property owned and occupied by low and moderate income persons, including fees or assessments charged as a condition of obtaining access to such public improvements. This applies to water and sewer tap fees and local improvement district assessments. However, the costs are recoverable if: - (i) The CDBG funds received are used to pay the proportion of such fee or assessment that relates to the capital costs of the public improvements that are financed from revenue sources other than under this title;
- (ii) For purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of very low income, the grantee certifies to the state that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (i).
085-1 Wyo. Code R. § 1-17