[HISTORY: Adopted by the Town Council of
the Town of Denton 4-1-2021 by Ord. No. 715.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 125,
Water and Sewer Allocations, adopted by the Commissioners (now Town
Council) of the Town of Denton 11-2-1987 by Ord. No. 236, as
amended.
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
Water or wastewater capacity reserved at a utility facility
for use at a particular property.
The apportionment of available capacity of water or wastewater as provided by this chapter among the uses set forth in § 125-3 of this chapter.
The positive difference between the capacity of the components
of the wastewater system and the computed flow through the system,
less allocations granted and outstanding. The available capacity of
wastewater is determined by the Town at the Town's discretion.
The positive difference between the safe working capacity
of the components of the water system and the computed flow through
the system, less allocations granted and outstanding. The available
capacity of water is determined by the Town at the Town's discretion.
An approved lot that can reasonably be expected to receive
the federal, state, county, and Town approvals necessary for the issuance
of a building permit and which is not included within an approved
subdivision.
A charge levied to obtain an allocation of available water
or wastewater capacity at the time the allocation is granted.
The signing and dating of a final record plat by the Planning Commission as required under Chapter 73, Land Subdivision.
The meaning stated in Chapter 73, Land Subdivision.
The meaning stated in Chapter 73, Land Subdivision.
A.
The Town Council of Denton finds that temporary shortages of available
capacity in water and wastewater facilities may occur as a result
of health, environmental or financial considerations. The Town Council
of Denton further finds that there is no mechanism currently in place
by which the Town of Denton can monitor the available allocation of
water and wastewater. The Town Council of Denton further finds that
to pursue these goals, it is necessary to establish a method by which
available capacity is calculated, priority of water and wastewater
services is determined, and available capacity is allotted.
B.
It is the intent of the Town Council of Denton that the provisions
of this chapter shall accomplish these objectives, that the cost of
construction and expansion of water and wastewater facilities be generally
borne by those who will directly benefit, that a fair and equitable
method of allotting available water and wastewater capacity be established,
and that procedures be outlined by which new users of the system pay
their fair share of the capital costs of construction.
A.
Any individual with a proprietary or financial interest in property
located within the municipality of the Town of Denton may file an
application for a sewer and/or water allocation within the provisions
of this ordinance. Such individual shall complete an application prepared
and approved by the Town Council of Denton and shall provide any and
all documents required by the Town Council showing evidence of the
financial or proprietary interest in the subject property. Such individual
shall pay the capital allocation connection charge as provided below,
unless the Town Council determines that the charge is inapplicable
(an existing sewer and/or water allocation exists for the property
and the connection charge has already been paid).
B.
The owner of any property required to connect with a public sewer and/or a public water main pursuant to the requirements in Chapter 102 and Chapter 124 is required to file an application for a sewer and/or water allocation with the Town of Denton and to pay the capital allocation connection charge as provided below.
A.
Allotment procedures for residential subdivisions.
(1)
Prior to granting preliminary plat approval, the Planning Commission
shall notify the Town Council that an application for subdivision
approval has been filed and that an allocation is required.
(2)
The Town Council shall make an allocation in accordance with § 125-3 of this chapter at a regularly scheduled public meeting of the Town Council.
(3)
The Town Council shall notify the subdivider in writing of the allotted allocation, and thereafter the Planning Commission shall take action on the preliminary plat at a regular meeting of the Planning Commission as required under Chapter 73, Land Subdivision.
(4)
Any new allotted allocation issued after April 8, 2021, is valid for three years from the date of the original allocation approval by the Town Council and shall expire after the three-year period has run. The allocation for any residential lot that has not been developed within this year shall expire. Upon good cause shown, the Town Council may extend this time period; however, in no event shall any extension be granted for more than one additional year from the date of the expiration of the original allocation approval. If individual lot allocations expire, the subdivider will be allowed to reapply for allocations as individual lots are developed pursuant to § 125-5 below.
(5)
For any allotted allocation issued before April 8, 2021, if preliminary
plat approval is not obtained within six months following the allocation
approved by the Town Council, the allocation is forfeited. Upon good
cause shown, the Town Council may extend the time in which to obtain
preliminary plat approval for purposes only of retaining the allocation.
In no event, however, shall any extension be granted under this section
for a period of one year from the date of the original allocation
approval.
B.
Allotment procedures for nonresidential subdivisions.
(1)
Prior to granting preliminary plat approval, the Planning Commission
shall notify the Town Council that an application for subdivision
approval has been filed and that an allocation is required.
(2)
The Town Council shall make a preliminary allocation, based on representations from the subdivider regarding future uses, in accordance with § 125-3 of this chapter at a regularly scheduled public meeting of the Town Council. The preliminary allocation will be subject to change as plans for the subdivision are finalized.
(3)
The Town Council shall notify the subdivider in writing of the preliminary allocation, and thereafter the Planning Commission shall take action on the preliminary plat at a regular meeting of the Planning Commission as required under Chapter 73, Land Subdivision.
(4)
The Town Council shall make a final allocation before the final plat
approval.
(5)
Any new allotted allocation issued after April 8, 2021, is valid for three years from the date of the final allocation approval by the Town Council and shall expire after the three-year period has run. The allocation for any portion of the nonresidential development that has not been developed within this year shall expire. Upon good cause shown, the Town Council may extend this time period; however, in no event shall any extension be granted for more than one additional year from the date of the expiration of the final allocation approval. If a portion of the allocation expires, the subdivider will be allowed to reapply for allocations as portions of the development are developed pursuant to § 125-5 below.
(6)
For any allotted allocation issued before April 8, 2021, if final
plat approval is not obtained within six months following the final
allocation approved by the Town Council, the allocation is forfeited.
Upon good cause shown, the Town Council may extend the time in which
to obtain final plat approval for purposes only of retaining the allocation.
In no event, however, shall any extension be granted under this section
for a period of one year from the date of the final allocation approval.
A.
Prior to the issuance of any building permit for a buildable approved
lot that has not already received an allocation, the Director of Planning
and Codes shall be notified that an application for a building permit
has been made and that an allocation is required.
B.
The Director of Planning and Codes shall make an allocation in accordance with § 125-3 of this chapter if there is a building permit application filed for a single-family dwelling (as that term is defined at § 124-1 of this Code) on an infill lot or if there is a transfer in ownership of a single-family dwelling that was subject to a tax waiver prior to the transfer. The Director of Planning and Codes is authorized to do so administratively without further action by the Town Council. All other allocations of capacity must be approved by the Town Council.
C.
The Director of Planning and Codes shall notify the applicant in writing of the allotted allocation and thereafter, the Town's Building Official, at which time the building permit shall be issued, provided that the capital allocation connection charge has been paid, all requirements set forth in Chapter 38, Building Construction, are met and, where applicable, site plan approval in Chapter 128, Zoning, is completed with and those fees outlined in § 125-6 are paid.
D.
Any new allotted allocation issued after April 8, 2021, is valid
for three years from the date of the original allocation approval
by the Director of Planning and Codes and shall expire after the three-year
period has run. The allocation for a building that has not been developed
within this period shall expire. Upon good cause shown, the Director
of Planning and Codes may extend this time period; in no event, however,
shall any extension be granted for more than one additional year from
the date of the expiration of the original allocation approval. If
the allocation expires, the applicant will be allowed to reapply for
an allocation prior to construction on the building.
A.
Each structure and use to be connected to the public water or wastewater
system shall pay a capital allocation connection charge for each utility
as established by the Town Council unless the Town Council determines
that the charge is not applicable.
(1)
Schedule of payment for residential subdivider.
(a)
A subdivider shall pay at least 25% of the capital allocation
connection charge at the time preliminary plat approval is received.
(b)
A subdivider shall pay the remaining 75% of the capital allocation
connection charge at the time final plat approval is received and
prior to the recordation of the final plat.
(2)
Schedule of payment for nonresidential subdivider.
(a)
A subdivider shall pay at least 25% of the capital allocation
connection charge at the time preliminary plat approval is received.
(b)
A subdivider shall pay the remaining 75% of the capital allocation
connection charge at the time final plat approval is received. This
payment shall include any additional amounts associated with a change
in the allocation from preliminary to final.
(3)
An applicant for a building permit to permit construction or the modification or alteration of an existing building on a buildable lot must pay 100% of the capital allocation connection charge within the time frame provided in correspondence from the Director of Planning and Codes or the Town Council establishing the allocation and in all cases prior to the issuance of the building permit, unless the Town Council determines that the charge is not applicable pursuant to § 125-2.1 above.
B.
Failure to pay these fees in accordance with this section shall result
in the immediate forfeiture of any allotted allocation granted by
the Town Council.
B.
In the event that a subdivider or applicant for a building permit for a buildable approved lot has forfeited or lost an allocation, as set forth in § 125-4 or 125-5, and no payment has been made under § 125-6, the subdivider or applicant must pay the following charges to the Town of Denton.
(1)
An administrative fee of 25% of the total of capital connection fee
based on the total allocations provided.
C.
The Town Council of Denton has the authority to waive all or any
portion of the administrative fee upon a finding of exceptional circumstances,
limited to financial or developmental hardships caused by any water
or sewer moratorium.
A.
An allocation cannot be assigned or transferred without the prior
approval of the Town Council.
B.
If Town Council approves the assignment or transfer of an allocation
granted to a subdivision, the transfer or assignment shall be subject
to the following conditions:
C.
In the event that assignment or transfer is contemplated in accordance with Subsection B, the subdivider shall make a written request to the Town Council for assignment or transfer of an allocation. The request shall specify those areas of the subdivision from which and to which the allocation will be transferred or assigned.
D.
If a subdivider transfers its interest, in whole or in part, in property
that will be subdivided for residential or nonresidential uses, the
Town Council may at its discretion require that a new subdivider pay
the capital allocation connection charge for the transferred property
within a time frame established by the Town Council.
E.
If a subdivider redesigns a subdivision such that additional allocations
are needed, the Town Council may require that the subdivider pay the
additional capital allocation connection charges for the property
within a time frame established by the Town Council.
The grant of a special exception, reclassification of property,
or other zoning action does not entitle a person to an allocation
of water or wastewater capacity for that property.
The award of an allocation under this chapter is subject to
the following conditions:
A.
Water and wastewater capacity is contingent on the availability of
federal, state, county, or Town funds to finance water and wastewater
capital projects.
B.
The Town is not responsible to provide water or wastewater service
and is not liable for monetary damages for the failure to provide
service if the Town is unable to acquire rights-of-way necessary for
the construction of water or wastewater capital projects.
C.
The Town is not responsible for any federal, state, county, or Town
action, including operational moratorium, which temporarily suspends,
delays, or otherwise affects an allocation.
D.
The Town is not responsible if a contractor defaults on a Town water
or wastewater project in the service area in which an allocation has
been made.
E.
The Town is not responsible for any other contingency that affects
the timing or ability to connect which is beyond the control of the
Town.
