(1)
Whenever a sewer is available to any property in the city, the owner of the property shall be required to cause the buildings on his premises to be connected with such sewer, either directly or through some private sewer, the connection to be made as determined by the city manager and within one month after notice to connect has been given to the property owner by the city manager.
(2)
If any property owner fails or refuses to comply with this section, the city may, at its option, cause the necessary work to be done to make the connection and the amount so expended, including the fees and charges prescribed by this chapter, shall be recoverable against such property owner.
(3)
For the purposes of this section, a sewer is deemed available to any single-family housing structure in the case where the city sewer main is either (a) situated on the particular property, or (b) a 90-degree lateral connection from the city sewer main to the nearest property line of a parcel would not exceed 100 feet. For any property used for multifamily dwellings or for any business, commercial or industrial use, a sewer is deemed available where the city sewer main is either (a) located on the particular property, or (b) a 90-degree lateral connection from the city main to the nearest property line of a parcel would not exceed 300 feet. Notwithstanding the foregoing, however, if the straight line distance from the point of connection to the sewer main to the nearest part of the structure to be served exceeds (a) 200 feet in the case of a single-family structure or (b) 600 feet in the case of a multifamily, business, commercial, or industrial structure, the property owner may connect with such sewer, but is not required to do so.
(4)
In the case where sewer is not available to a particular property as defined in subsection (3) of this section, and sewer later becomes available to said property and provided that the property has a connection to an approved septic tank as set forth in SCC § 13.35.030, the owner of the property shall have the option to either (a) have such connection made in accordance with the requirements of this chapter, or (b) elect to have such connection made within five years of the date such sewer becomes available to said property (the "delayed connection"). If the property owner elects to delay the connection, the property owner shall execute a document on a form approved by the city (the "delayed connection form") indicating the election and agree to connect within such period at the prevailing connection and facilities fees existing at the time such connection is made plus five percent if said connection is made within 12 months of the date sewer is available, or plus 10 percent if said connection is made more than 12 months of the date sewer is available but less than 24 months of said date, or plus 15 percent if said connection is made after 24 months of the date sewer is available but less than 36 months of said date, or plus 20 percent if said connection is made more than 36 months of the date sewer is available but less than 48 months of said date, or plus 25 percent if said connection is made after 48 months of the date sewer is available. If the property owner elects to delay the connection as provided herein, the property owner shall agree that the "delayed connection form" will be recorded in the deed books in the clerk's office of the circuit court of the city of Staunton, Virginia, at the property owner's expense in such fashion as to constitute notice to any subsequent owner of said property and to establish a lien for such fees against the said owner and property.
(5)
Application for such "delayed connection" shall be made to the director of public works for the city of Staunton on the form set forth in subsection (4) of this section.
(6)
Exception for Certain Property. The city recognizes that certain properties in the city are presently not connected to a sewer that is presently available to said property. As long as these properties have a working septic system, installed prior to January 1, 1995, pursuant to SCC § 13.35.030, such property shall not be required to connect to the existing sewer now available to said property. Upon the failure of such septic system, however, as determined by the health department of the city, such property shall be connected to the sewer system of the city if sewer is available to said property, as set forth in subsection (1) of this section, and no new septic system shall be authorized for such properties. This exception shall not apply to a property where sewer was previously not available prior to January 1, 1995, but has become available since that date by a new sewer line installed. In such case, the provisions of subsection (4) of this section shall apply.
State law reference – Authority of city to require sewer connections, Code of Virginia, § 15.2-2122. |
(Code 1985 § 22-16; Code 1964 §§ 19-6, 19-13; Ord. 12-08-94; Ord. 7-26-95)