[Adopted 12-2-1991 by Ord. No. O91-02]
As used in this article, the following terms
shall have the meanings indicated:
The Mayor and Town Council of Oakland and/or the Oakland
Sewer Authority as may be applicable.
A.
The Mayor and Town Council of Oakland hereby establishes
a procedure for the issuance of development permits. Any person or
organization wishing to connect any water or sewerage system for any
development consisting of more than one subdivided parcel of land,
or any parcel of land which is intended to be subdivided, to the Town's
sewerage system, or its water system, shall apply to the Town of Oakland
for and receive a development permit.
B.
No water or sewerage system constructed for or serving
any development, subdivision, housing project or land sale project,
or any other such like subdivision or use of land, shall be allowed
to connect to the sewer system of the Town of Oakland and the Oakland
Sewer Authority, or to the water system of the Town of Oakland except
and unless all of the requirements, specifications, and conditions
set forth herein have been fully and completely satisfied.
An applicant shall apply for a development permit
on forms provided for by the Town. The applicant shall pay an administrative
fee to the Town of Oakland with said application, in accordance with
terms and conditions set forth herein. The Town of Oakland may, after
preliminary review, require a bond in any amount reasonable or appropriate,
to assure payment for any services which it may have to extend in
processing the permit, or to assure compliance with the requirements
hereof; and in the event a bond is required, said bond, to the satisfaction
of the Town, must be posted, or the Town will suspend any review of
said application.
Any applicant for a development permit shall
be subject to the following specifications, requirements, and conditions:
A.
The applicant shall execute with the Town of Oakland
a development permit contract and shall abide by all the rules, terms
and conditions therein, as well as those set forth in this policy.
B.
The applicant shall also abide by all the rules, terms
and conditions set forth in the Town of Oakland Discharge Permit Policy
and Water Permit Policy Ordinances where applicable.
C.
Any and all lots which the applicant desires to subdivide
or develop, and which shall be served by the Town of Oakland's public
utility, whether its sewerage system or water system, shall be developed
in accordance with all the rules, requirements and provisions of federal,
state, county, and municipality law.
D.
Any and all Health Department approvals required by
law shall be obtained before any such lots are sold.
E.
The applicant shall submit, with his or her application,
a complete engineering plan, meeting all the requirements and specifications
of law, for the design, construction and maintenance of the system
which it desires to connect to the Town's utility.
F.
Upon receipt of the said engineering plan, the Town
shall submit it to its engineers for their review for its sufficiency
in meeting all applicable requirements, including specifications imposed
by law, or specifications imposed by policy of the Town of Oakland.
The developer shall agree, at the time of his or her application,
that he shall pay the Town's costs in such engineering study, and
the Town may require an appropriate deposit for that purpose.
G.
In accordance with state law, the plans, once approved
by the Town of Oakland, shall be submitted by the applicant to the
appropriate state agencies for their review and approval. This may
be done simultaneously.
H.
The applicant shall agree to construct the system
in accordance with the plans and specifications as finally approved
by both the Town and the state, and any other governmental agency
or authority which may have jurisdiction, entirely and exclusively
at the expense of the applicant.
I.
The Town shall have the right to inspect the construction,
and installation of the system, during the actual construction phase,
and the cost of such inspection shall be paid for by the applicant,
prior to final approval of the system.
J.
In the event that the Town of Oakland, through its
inspectors, or by the inspection of any other governmental authority,
finds that the actual construction is inadequate, or not in accordance
with the approved plans and specifications, the applicant shall correct
the inadequacy to the satisfaction of the Town, or any other governmental
authority which may have jurisdiction, at his or her sole expense,
before the system shall be connected to the Town's utility.
K.
The developer shall grant a guarantee of the system
to the Town for a period of two years, in writing, before the system
is allowed to be connected to the Town's utility. This guarantee shall
provide that in the event of the failure of the system, through no
fault of the Town, the applicant shall repair and correct the system
at his or her sole expense at any time up until 24 months after the
system has been connected to the Town's utility.
L.
The developer shall deed and dedicate to the Town,
at the time the system is received, and prior to the connection of
the system to the Town's utility, ownership of the entire system,
as well as any and all rights-of-way, construction easements, etc.,
the Town may require in accordance with its policies, in order to
inspect and maintain the system. The minimum right-of-way required
shall be a twenty-foot right-of-way, measured 10 feet from the center
line of the water or sewer lines as built. This dedication must be
done by a recordable instrument to the Town and must be set forth
in a deed from the applicant to any third person of any lot or subdivided
parcel which is to be served by the Town's utility, unless this latter
requirement is waived by the Town in writing. All recordation costs
shall be borne by the applicant.
B.
The administrative fees set forth in this section
shall be in addition to any and all other costs required of or imposed
upon the applicant by this policy. In the event that the Town is required
to make more than one inspection or is required to employ engineers,
contractors or inspectors, etc., to carry out the terms hereof or
to pursue the Town's rights as herein set forth, the cost thereof
shall be borne by and assessed against the permit holder.
C.
In the case where an applicant is granted a development
permit, the Town shall thereafter assess tap or connection charges
in accordance with its discharge permit policy of those persons who
connect onto the system after it is connected to the Town's utility.
It shall make such charges and assessments to persons who connect
to a water system connected to its utility in accordance with its
water permit policy.
In the event that a connection to the Town's
system does not meet the Town's requirements, or damages the Town's
utility, it shall be the entire and sole responsibility of the permit
holder and/or the person causing said damage to pay the cost of any
damages to the Town's utility done by its contractor or by the connection,
and/or to adequately repair the same, and to repair the connection
so that it meets the approval of the Town inspector. If the connection
does not meet the Town's requirements or there is any damage to the
Town's utility, the applicant and/or the property owner shall have
10 days after the Town's request to do so, to repair the same to the
satisfaction of the Town, except in the case of an emergency or where
service is jeopardized or interrupted, in which event the said repair
shall be done immediately; or the Town shall have the right to excavate,
or reexcavate if necessary, the said line, and repair any and all
damage which may have been done to its system and the entire cost
thereof shall be assessed against and/or paid by the permit holder,
applicant and/or property owner. To accomplish this purpose, the Town
shall have the right to enter upon the property of the applicant/permit
holder with reasonable notice. No backfilling shall be done until
such time as certification of the approval of a Town inspector has
been given in writing, that the connection to the Town's utility meets
the satisfaction of the Town or its representatives or inspector.
In the event that any connection to the Town's utility is covered
prior to inspection, it shall be the responsibility of the permit
holder, at his or her sole expense, to reexcavate the line immediately
upon the Town's request, so that it can be inspected by the Town's
representative, and thereafter it shall be subject to the other provisions
of this section. If reexcavation is not done within 10 days of the
Town's request, the Town shall have the right to reexcavate the line
itself, and the entire cost thereof shall be assessed against and/or
paid by the permit holder/applicant and/or the property owner.
Specifications for sewer and/or water lines,
connections, etc., shall be in accordance with the adopted specifications
of the Town of Oakland. All contractors working on or making connection
to the sewer system of the Town of Oakland shall abide by said specifications,
and shall be subject to the further specifications and requirements
as may be set from time to time by the Town of Oakland. The said specifications
are set forth on Exhibit A, which shall be attached hereto, and shall
be part hereof. Also attached hereto as Exhibit B is a specimen copy
of the above referenced development permit contract.[1]
[1]
Editor's Note: Said Exhibits A and B are available
from the Town offices.
