Chapter 13.30
SEWER AVAILABILITY
ALLOCATION SYSTEM
Sections:
13.30.010 Definitions.
13.30.020 Allocation of existing sewer capacity.
13.30.030 Expiration of existing capacity sewer availability certificate.
13.30.040 Repealed.
13.30.050 Method for securing current sewer availability certificates.
13.30.060 Form of sewer availability certificate.
13.30.070 Transferability of sewer availability certificates.
13.30.080 Repealed.
13.30.090 City to sell unused secured capacity.
13.30.100 Computation of current sewer capacity.
13.30.110 Hardship exception.
13.30.120 Rule making authority.
13.30.010 Definitions.
The following definition applies only to this chapter:
A. “Existing capacity” hereby means the sewer capacity available on October 29, 1998, as measured in ERUs. (Ord. 1069 § 6, 1999: Ord. 1054 § 2, 1998).
13.30.020 Allocation of existing sewer capacity.
The currently existing capacity shall be allocated in the following manner.
Existing capacity shall not be allocated to development of any kind unless it is pursuant to subsections A, B, or C of this section:
A. Participants in the facilities plan agreement dated August 15, 1991: to secure capacity, participants shall purchase certificates of sewer availability in the same manner set forth in NBMC 13.30.050.
B. Project owners or applicants whose land use application is vested under state or local law: to secure capacity, owners or applicants shall purchase certificates of sewer availability in the same manner set forth in NBMC 13.30.050.
C. Owners or applicants for all other uses: to secure capacity, owners or applicants shall purchase certificates of sewer availability in the same manner set forth in NBMC 13.30.050. No owner or applicant under this subsection, however, shall be able to purchase more than 25 ERUs in a 12-month period.
D. The charge for each certificate of sewer availability shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1237 § 9 (part), 2005: Ord. 1054 § 3, 1998).
13.30.030 Expiration of existing capacity sewer availability certificate.
A. An existing capacity sewer availability certificate expires one year from the date of issuance, unless one of the following conditions are met:
1. Owner or applicant has on file a complete building application for the underlying property.
2. Owner or applicant has on file a complete application for a subdivision, master site plan, or other binding land use application for the underlying property.
B. The city shall refund to the owner or applicant the amount originally paid to secure the capacity by the owner or applicant who signed the sewer availability certificate. Interest shall not be paid. (Ord. 1054 § 4, 1998).
13.30.040 Allocation of Phase II capacity.
Repealed by Ord. 1069. (Ord. 1054 § 5, 1998).
13.30.050 Method for securing current sewer availability certificates.
Sewer availability certificates for either existing capacity, if any, can be purchased if the following conditions are met:
A. The owner or applicant shall pay the sewer connection charge in effect on the date the certificate issues for each ERU purchased.
B. There shall be a preapplication meeting with the city, at which an information sheet including the applicant’s name, project address, anticipated ERUs, and anticipated water usage shall be completed.
C. The owner or applicant shall sign an agreement committing the owner or applicant to pay any difference between the current sewer connection charge paid to secure capacity, and the sewer connection charge required at the time of issuance of building permits. (Ord. 1069 § 7, 1999: Ord. 1054 § 6, 1998).
13.30.060 Form of sewer availability certificate.
The sewer availability certificate shall set forth and include the following information:
A. The type and amount of capacity in ERUs (either existing capacity or Phase II capacity) being allocated;
B. The applicant’s name, street address of property to which certificate is attached, legal description of property to which certificate is attached;
C. The written agreement between the city and owner or applicant committing the owner or applicant to pay any difference between the sewer connection charge paid to secure capacity, and the sewer connection charge required at the time of issuance of building permits;
D. Signature of the owner or applicant;
E. For existing capacity only, a written statement from the owner or applicant acknowledging that existing capacity sewer availability certificates expire. (Ord. 1054 § 7, 1998).
13.30.070 Transferability of sewer availability certificates.
Secured existing capacity or Phase II sewer capacity is not negotiable or transferable except to the subsequent owners of the property for which the capacity was reserved. If the property for which the capacity was reserved is subdivided, the owner of the sewer availability certificate may determine to which lot the certificate applies. (Ord. 1054 § 8, 1998).
13.30.080 City failure to provide Phase II capacity.
Repealed by Ord. 1069. (Ord. 1054 § 9, 1998).
13.30.090 City to sell unused secured capacity.
If the owner or applicant is unable or chooses not to use its secured capacity, following the receipt of a written request signed by the owner or applicant, the city will allocate the previously secured capacity to a subsequent applicant. Following receipt of the subsequent applicant’s sewer connection charge, the city shall refund to the owner or applicant the amount originally paid to secure the capacity by the owner or applicant who signed the sewer availability certificate. Interest shall not be paid. (Ord. 1054 § 10, 1998).
13.30.100 Computation of current sewer capacity.
At least four times per year, or sooner at an owner or applicant’s request, the city shall compute and make available the current number of ERUs available for use. (Ord. 1054 § 11, 1998).
13.30.110 Hardship exception.
In the event of extreme or unreasonable hardships which may be caused by the imposition of this chapter, appeal may be made to the city council for an exemption from these provisions; provided, extreme burdens or unreasonable hardships must be shown to exist by an applicant, and no exemption shall be granted that is contrary to the intent and purpose of this chapter and the sewer comprehensive plan, as now adopted or amended in the future. (Ord. 1054 § 12, 1998).
13.30.120 Rule making authority.
The city council hereby grants the necessary authority to the city administrator to adopt administrative rules pursuant to and in furtherance of this chapter. The rules shall be numbered sequentially, available to the public, dated, and signed by the city administrator. (Ord. 1054 § 13, 1998).