[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 147, Art. III, of the 2013 Code.]
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
All applications for the construction of sewer and water mains, whether by persons, developers, corporations, contractors, or otherwise, shall be in the form of a petition addressed to the City Council, in compliance with the rules of the Council and having inscribed on the face thereof a recommendation by the Community Services Director, or designee, and by the Planning Board, signed by the Chair and Secretary of the Planning Board; provided, however, that in the case of water main extension or sewer lines, the petition shall also bear the approval of the Utilities Commission.
The Council in finance session, upon investigation of costs of construction, materials or any other factor involved in such installation, may, by majority vote, grant the petition at any regular or special meeting of the Council.
The Council may require that a petitioner file with the City Clerk such rights-of-way, releases, completion bonds, payment bonds or any other instruments reasonably consistent with any such construction, and the City of Dover shall be the grantee, insured or payee of any such instrument.
The petitioner shall pay full costs for any such construction of sewer or water mains and installation, and full title to the same shall, upon acceptance by the City Council, be in the City of Dover.
All construction of water mains and sewers shall be under the direct control of the City Council and Dover Utilities Commission, but any heads of departments having the duty of repair and/or maintenance of these installations may make rules and regulations governing the same, subject to confirmation by the Council.
A. 
Special assessments may be created in response to petitions for the extension of water or sewer lines in accordance with the provisions below.
(1) 
If other property owners intervene between the land of the petitioner and the end of the City's water or sewer facilities, they may join by application, in writing, with the petitioner. The application must be made through the office of the City Clerk.
(2) 
The Community Services Director, or designee, City Engineer, representative of the Utilities Division and a representative of the Waste Water Treatment Plant shall act as a board to determine the proportionate cost to each intervening applicant. However, after determining the proportionate cost, it shall be duty of the Finance Director to carry out all financial details of the board.
(3) 
The basis of determining such shall be the proportion of the frontage owned by the applicant by which the extension extends to the total distance of the extension. The sewer line may be figured on a per-lot basis.
(4) 
No property owner shall be forced to join with the petitioner, but if, after the facilities have been installed to the petitioner and any intervening applicants, an intervening landowner desires to take advantage of said facilities, he may petition the Community Services Director, or designee, for such right.
(5) 
If the aforementioned petition is granted, the board shall tax the latter petitioner his proportionate share, and said proportionate share, when paid, shall be refunded to the first petitioner, except where Subsection C(1) hereof applies.
B. 
Special assessments may be developed for water or sewer line extensions that are initiated by the City in accordance with the follow provisions:
(1) 
The City Council may, by resolution, enact specific rules and procedures for said assessment that establish the cost of the proposed improvement, identify the boundaries of a betterment district, establish the percentage of the cost of the proposed improvement that is to be borne by the City, establish the pro rata share assigned to each property owner within the betterment district, and identify the maximum number of installments in which the special assessment may be paid. Any such proposal for the establishment of a special assessment for the extension of a water line and any such proposal for the establishment of a special assessment for the extension of a sewer line shall be referred to the Dover Utilities Commission for its review and recommendations.
(2) 
The special assessment may be based upon the length of frontage, amount of land area, or other factors deemed appropriate by the City Council.
(3) 
If the expenditures of the proposed improvement are to exceed $1,000, a public hearing shall be held by the City Council, and action by the Council shall not be taken earlier than seven days after said hearing.
C. 
The proportionate share of each abutter along the line of construction and installation, or the proportionate share of each property owner within the betterment district, shall become a lien on such property as to real estate taxes until full payment of said proportionate share of full costs, including financing, is made. Payment may be as follows:
(1) 
The petitioner, applicant or late petitioner may pay his proportionate share in cash for the full amount at the time the obligation is incurred or enter into an agreement with the City of Dover that said proportionate share of all costs may be paid in equal installments over a period of time equal to the full term of the bond or a lesser period. Said agreement is to be recorded with the Strafford County Registry of Deeds at the expense of the petitioner, applicant or late petitioner. All the funds relating to sewer and water extensions under these provisions shall be placed in a special fund for payment of bonds, interest and charges pertaining thereto.
(2) 
All fees for permits, licenses, etc.: see Fee Schedule.
(3) 
Abatements may be granted in accordance with the rules and regulations of the Dover Utilities Commission.
A. 
There hereby is created a Board of Appeal, composed of the Mayor, Finance Director and the City Assessor, to hear appeals from § 121-30C.
B. 
Any petitioner, applicant or late petitioner dissatisfied with the determination of his proportionate share of costs by the Board of Appeal as set forth above may appeal said assessment to the Dover Utilities Commission.
Upon recommendation of the Mayor and the Dover Utilities Commission, the Council, by a two-thirds vote, may suspend the provisions of this article. All recommendations and the evidence supporting the same shall be in writing and submitted to the City Clerk, according to the rules of the Council.
If a provision of this article is found to be in conflict with any provision of any zoning, building, safety or health or other ordinance of the City of Dover, that ordinance which, in the judgment of the Director of Community Services or the Board of Health, establishes the higher standard of safety and protection of health shall prevail, and that ordinance or provision which sets the lower standard is hereby declared to be invalid to the extent that is found to be in conflict with the ordinance or provision which sets the higher standard.
The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any provisions of this article shall, upon conviction, be subject to a fine as provided in the City Fine Schedule for each violation. Each day in which any such violation shall continue beyond the time limit shall be deemed a separate violation.