The purpose of this article is to establish responsibilities
for the extension of water and sewer mains and other public utility
improvements into the various drainage basins located within the city
limits and its extraterritorial jurisdiction, to provide a procedure
for acquiring necessary easements and rights-of-way, and to establish
responsibilities for paying for the cost of constructing the water
and sewer improvements, preparing the engineering and survey work
necessary to design and install the public utility improvements and
defraying the cost of inspecting any and all construction undertaken
pursuant to this article. This article is designed to be used in conjunction
with the subdivision ordinance to ensure an orderly development plan
for the growth of the community, and to ensure the creation and effective
operation of a utility infrastructure appropriate in size and character
to support reasonable levels of development within the community.
(1987 Code, ch. 10, sec. 8A; 2004
Code, sec. 13.801)
(a)
General rules.
The following rules shall be applied
in constructing, interpreting or otherwise defining the terms and
provisions of this article:
(1)
Words used in the present tense shall include the future, words used
in the singular number shall include the plural number and words used
in the plural number shall include the singular number.
(2)
The word “shall” is mandatory and the word “may”
is permissive.
(3)
The phrase “used for” shall include the phrases “arranged
for,” “designed for,” “intended for,”
and “occupied for,” and shall apply exclusively to physical
use.
(b)
Developer.
Development.
Escrow.
Definitions.
Words and terms used in this article but
not defined in this section shall have the meaning ascribed to them
in the subdivision regulations. Words and terms defined in both ordinances
shall be read in harmony unless there exists an irreconcilable conflict,
in which case the definition contained in this article shall control.
The owner of land proposed to be developed, or the person
or entity filing an application for development of land, or their
representatives.
Any activity that requires the submission of a subdivision
plat or development plan or the securing of a building permit.
Money placed in the possession of the city to accomplish
the purposes set out in this article, including, but not limited to,
the following: purchase of right-of-way and the design and construction
of public utilities.
(1987 Code, ch. 10, sec. 8B; 2004
Code, sec. 13.802)
The city intends to extend public utility service to all areas
within its corporate limits and its extraterritorial jurisdiction
at some point in the future. Utility system extensions will be made
in conformance with the city’s adopted capital improvement program
and are projected to occur over many years based upon the fiscal capability
of the city and the growth characteristics of each area of the city.
(1987 Code, ch. 10, sec. 8C; 2004
Code, sec. 13.803)
(a)
In the event that a development proposal is submitted which will
require the use of a public water and/or sewer system, and no such
public system has yet been extended into the area where the proposed
development is located, it will be the responsibility of the developer
to comply with the terms and conditions of this article in order to
ensure the immediate availability of service.
(b)
The city will develop and maintain a public utility system plan designed
to facilitate the development of an overall utility infrastructure
to support the growth and development of the community. The plan will
be developed and maintained by the city engineer.
(1)
Sanitary sewer plan.
That portion of the public utility
system plan dealing with sanitary sewer systems will be configured
in such manner as to divide the city into natural drainage basins
corresponding with the topographic features of the community and in
accordance with good engineering standards for system planning. The
sanitary sewer collection plan of the city will reflect a system under
which one or more major sanitary sewer interceptors are extended into
each identified drainage basin of the community. These individual
interceptors serving specific basins will merge into system-wide interceptor
collectors, or collectors designed to remove wastewater from the community
to regional or subregional treatment facilities.
(2)
Water plan.
That portion of the public utility system
plan dealing with water systems will be configured in such a manner
as to divide the city into service areas which are designed to be
serviced by separate water mains. These individual water mains serving
specific service areas will merge into system-wide mains serving all
developed areas of the city and its extraterritorial jurisdiction.
(c)
It is, and shall remain, the responsibility of each individual developer
to undertake those construction activities necessary to tie his or
her development project into the water or sewer main serving that
specific drainage basin or service area.
(1987 Code, ch. 10, sec. 8D; 2004
Code, sec. 13.804)
(a)
When a developer plans to undertake a specific development project
within the city or its extraterritorial jurisdiction and the development
will require service through a public water and/or sewer system, it
will be the responsibility of the developer to contact the city manager
or his/her designee to determine system availability. The developer
will advise the city manager or his/her designee in writing of the
specific location of his development, the total size of the development
in acreage, living units and/or square feet of commercial or industrial
space, the type of development and land use to occur within the subdivision
and the approximate time that public utilities will be required. The
information may be incorporated into a preliminary plat or development
site plan application submitted to the city manager or his/her designee
in that form.
(b)
The city manager or his/her designee or his designated representative
shall review the city’s public utility system plan and determine
whether service is currently available to the development. If service
is available through an existing main, the city manager or his/her
designee shall identify the point on that main where the development
will be permitted to tie into the system and will advise the developer
in writing of the location where a tie-in will be permitted. The city
manager or his/her designee shall support such written notice with
such map exhibits as are necessary to clearly delineate the point
of tie-in.
(c)
In the event that a connection to an existing utility main is possible,
the city manager or his/her designee will determine if the utility
main has been installed by the city as a portion of its capital improvement
program or whether it was installed by a prior developer under the
approach main extension policies of this article. In the event that
the utility main was installed by the city as a portion of its capital
improvement program, the developer will be advised that there will
be no pro rata reimbursement charge to tie into the utility main.
The developer will be responsible for the entire cost of the approach
main or service line connecting his development to the utility main.
(d)
If the utility main or a portion of the utility system serving the
development was installed by a prior developer under the approach
main extension policy outlined in this article, the city manager or
his/her designee will advise the developer of his pro rata share of
costs for connection to this line. The developer shall pay the pro
rata charge into the pro rata escrow fund of the city prior to making
a tie-in to the system.
(1987 Code, ch. 10, sec. 8E; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 13.805)
(a)
Non-availability of basin interceptor.
If the city manager
or his/her designee should determine that utility service to a proposed
development is not available at the present time, the developer will
be so advised in writing. In this situation, the developer must select
among the following alternatives:
(1)
Discontinue his proposed development until such time as a utility
system has been installed within the drainage basin or service area;
(2)
Petition the city council to expedite the construction of a utility
system capable of serving the proposed development under its regular
capital improvement program; or
(3)
Install the necessary utilities to the point necessary to serve the
development. The developer will be responsible for all costs associated
with the installation of necessary utilities, including but not limited
to engineering, attorney fees, surveying, testing, easement preparation,
easement acquisition, construction and inspection. The public utilities
will be designed and constructed to city standards and specifications
as the city engineer determines to be applicable. The developer may
install the public utilities himself or may contract with the city
to secure construction of the line by the city. All financial arrangements,
including any necessary bonding, shall be completed prior to the execution
of a developer’s agreement. In the event that a developer elects
to pursue this alternative, he will be eligible to receive a pro rata
reimbursement, for a period of twelve (12) years, from the developers
who tie into these specific utilities.
(1987 Code, ch. 10, sec. 8F; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 13.806)
(a)
If a public utility system is installed within a drainage basin or
service area by a developer prior to action under the city’s
capital improvement program, each subsequent development within the
drainage basin or service area which ties into the public utility
system shall pay a pro rata cost of the cost of the utility system
installed by the initial developer. The pro rata fee shall be paid
prior to connection to the utility system. The pro rata costs for
each subsequent development seeking service shall be determined on
a cost-per-acre basis by calculating the proportional area of the
new development to the total area within the drainage basin or service
area served by the public utility system, multiplied by the total
cost of the public utility system installed by the initial developer.
Total cost of the utilities shall include construction, engineering,
attorney fees, surveying, testing, easement preparation, easement
acquisition, and inspection costs.
(b)
Each initial developer shall be entitled to a rebate of the pro rata
charge against subsequent developers for a period of twelve (12) years
following completion and acceptance of the utilities. At the expiration
of the twelfth year, the developer will no longer be entitled to receive
any reimbursement.
(1987 Code, ch. 10, sec. 8G; 2004
Code, sec. 13.807; Ordinance adopting 2021 Code)
(a)
The city shall establish an escrow fund for the deposit of all pro
rata payments made by subsequent developers. A separate escrow fund
shall be established for each public utility system constructed by
an initial developer. All monies received from subsequent developments
or subdivisions in that drainage basin or service area shall be deposited
in that specific escrow fund.
(b)
Twice each year, on January 30 and on July 31, the city manager or his/her designee shall inventory each escrow account to determine what percentage of those monies is allocable to reimbursable oversizing costs owed by the city as determined under section 13.06.009 below. This allocation shall be determined in the same proportion that the cost of the oversized line bears to the cost of an eight (8) inch line. Upon completion of such inventory, the city manager or his/her designee shall transmit all escrow funds due and owing to the initial developer. Upon payment of these funds, the city will receive a credit for the amount of money allocable toward its reimbursable oversizing requirements as set forth in section 13.06.009 below.
(c)
The developer shall be responsible for providing to the city, and
maintaining with the city, an accurate current address. When escrowed
funds are available for disbursement, the city shall notify the developer
at the address on file with the city. If the developer fails to withdraw
the funds within six (6) months, the funds shall be forfeited to the
city’s water and sewer fund.
(d)
At no time shall the developer be entitled to receive reimbursement
for a sum greater than the initial cost of the public utilities less
the pro rata share of capacity of that utility system that would have
been attributable to the initial developer for his proportionate share
of capacity in the system.
(1987 Code, ch. 10, sec. 8H; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 13.808)
In order to provide appropriate capacity for reasonably anticipated
development in a drainage basin or service area, the city manager
or his/her designee may require a developer to install a utility line
or system improvement larger than necessary to support the developer’s
specific development. In the event that the city manager or his/her
designee requires the installation of a utility line larger than required
to serve the development, the developer installing the line will be
reimbursed by the city for the difference in cost between the size
of the line required by the city manager or his/her designee and an
eight (8) inch line or the size of the line required to serve the
development, whichever is greater. The city will have five (5) years
to pay the developer for the difference in cost for the oversizing
requirement. The city may compensate the developer for the difference
in cost mandated by oversizing through the process of allowing the
developer credits of up to fifty (50) percent of all development fees
charged against any portion or phase of the development requiring
construction of the utility lines. Upon written request of the developer,
credit for development fees may be transferred from the current development
project to subsequent development projects, subdivisions or phases
undertaken by the developer. Any balance remaining due and owing from
the city to the developer for oversizing at the end of five years
will be paid in full at the time by the city.
(1987 Code, ch. 10, sec. 8I; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 13.809)
