The Authority shall allocate capacity of the
system in terms of individual dwelling units ("IDUs") in the case
of residential units or on a daily flow rate basis in the case of
metered customers. Applicants for allocation of capacity for a particular
tract of land shall determine the estimated number of individual dwelling
units in accordance with the applicable provisions of the Authority's
Rules and Regulations and its resolutions concerning tapping and connection
fees.
The Authority shall reserve the allocated capacity
for a particular tract of land within the Authority's service area,
and such capacity cannot be transferred to any other tract. The reserved
capacity shall belong to the owner of the tract of land until the
owner of the tract provides notice to the Authority of the transfer
of ownership of the tract of land for which capacity has been reserved.
All requests for allocation and reservation
of capacity in the system shall be made in writing on a form supplied
by the Authority, and shall include such information as requested
by the Authority and its Engineer concerning the location of the property
to be serviced, the size of the tract, the proposed use, status of
subdivision and/or land development application, if any, the estimated
flows and/or the number of IDUs.
If an owner transfers ownership of the tract
of land to which an allocation and reservation of capacity has been
made, the Authority may permit the allocation and reservation to be
transferred with the tract to the new owner, provided that the required
number of IDUs or gallons of flow for the transferee's proposed use
remains constant. The transferee of the tract of land shall not allocate
any additional IDUs or gallons of flow as a result of the transfer
or any proposed change in the use of the tract. As a condition of
approval, the Authority must receive and approve an application for
such transfer submitted by the transferee, which shall include (but
not be limited to) documentation such as the names of the old and
new owner of the tract and any information related to the capacity
requirements and use of the tract by the transferee. Under no circumstances
may an owner transfer reserved capacity from one tract of land to
another.
Extensions of and connections to the sewer system
shall be made in accordance with the Authority's then-current policies
and regulations. Nothing contained herein shall be considered to modify
or abrogate the requirements of such policies, resolutions, regulations
and/or statues. Nothing in these Rules and Regulations shall prevent
the Authority from enforcing any of its other rules and regulations,
including those that would limit and/or prevent certain types of wastes
from being discharged into the Authority's sewer system.
This chapter of the Rules and Regulations related
to reservation of capacity shall apply to all owners and developers
who apply for sewer capacity in the sewer system for any project.
Depending on the progress of an owner's or developer's project, the
owner or developer will be required to either purchase sewer reservation
or to pay the sewer tapping fees. Owners or developers who possess
special agreements with the Authority may be exempt from these Rules
and Regulations related to reservation of capacity, and those owners
or developers who have previously paid for tap-ins shall be exempt
from these Rules and Regulations related to reservation of capacity.
[Amended 8-26-2021 by Res. No. 21-08-001]
A. In the event any governmental or regulatory body or
court having competent jurisdiction to do so ever reduces the Authority’s
capacity in its sewer system and such reduction makes it impossible
for the Authority to honor the capacity previously secured or reserved
as approved by the Authority, the Authority shall take the following
steps:
(1) Reallocate its remaining capacity (after such reduction)
among all parties who have secured or reserved capacity from the Authority.
Such reallocation shall be made on a proportionate basis among all
holders of secured or reserved capacity in the same proportion as
such party’s secured or reserved capacity bear to the total
secured or reserved capacity then in effect. Any localized capacity
reduction will be reallocated on a proportionate basis among holders
of secured or reserved capacity within the affected area of localized
capacity reduction.
(2) Refund any reservation fees paid for the current year
for reserved capacity lost to each party.
(3) Refund any tapping fees paid for secured capacity lost to each party
B. The Authority shall, in the event of a reduction of
capacity, give written notice to all parties holding secured or reserved
capacity, informing them of the cause of the reduction in capacity,
providing a calculation of the reduction in capacity and the amount
of capacity reallocated to such party. The notice shall also contain
a calculation of the fees that will be refundable in connection with
the reallocated capacity. This can be illustrated by the following
hypothetical situation:
(1) The Authority previously approved 1,000 IDUs of secured
or reserved capacity for the following developers or other parties
in the following amounts:
(a)
Party A: 500 IDUs = 50% of total capacity committed.
(b)
Party B: 300 IDUs = 30% of total capacity committed.
(c)
Party C: 200 IDUs = 20% of total capacity committed.
(2) If the Authority’s available capacity in the
sewer system is reduced from 1,000 IDUs to 500 IDUs, the 500 IDUs
of capacity shall be reallocated to parties A, B, and C in proportion
to their previously secured or reserved capacity as follows:
(a)
Party A shall receive 250 IDUs of capacity (equal
to 50% of available capacity);
(b)
Party B shall receive 150 IDUs of capacity (equal
to 30% of available capacity); and
(c)
Party C shall receive 100 IDUs of capacity (equal
to 20% of available capacity).
(3) The fees paid by Party A in connection with the 250
IDUs of capacity which have been lost as a result of the reduction
in capacity, will be refunded to Party A in connection with the 250
IDUs of relocated capacity. Likewise, the fees paid in connection
with the capacity which have been lost by Party B and Party C shall
be refunded to Party B and Party C.