Notwithstanding any other ordinance or resolution to the contrary, a developer who has been denied subdivision approval solely because there are inadequate sewer facilities to serve a proposed subdivision as a result of a lack of capacity in the system, may acquire, and be entitled to use, units of capacity by complying with the following requirements:
(A) The developer may enter a contract with the county for the conduct of an infiltration and inflow field study of the sewer system, or that portion of the system, which would serve the impacted subdivision.
(B) The contract shall provide that the developer shall pay all costs of the study and that the developer must provide a suitable guaranty, as determined by the County Attorney, to ensure that he or she will, in fact, pay for all costs of the study.
(C) If the study finds areas of the system which can be corrected, the developer who paid for the study will be given the opportunity to enter a contract with the county to pay for a remedy of the defect in the system. If the developer shall refuse or fail to enter such a contract within 90 days of the offer, anyone thereafter having an impacted subdivision may enter the contract to pay for a remedy of the defect in the system provided the study conclusions remain valid.
(D) The contract set forth in division (C) above shall provide that the developer will pay all costs incurred by the county in fixing the system, or part of the system, as recommended by the study. The contract shall require the developer to provide a suitable guaranty to ensure that the developer pays all costs of this work.
(E) Upon completion of the work set forth in division (C) above, the developer under contract will be allotted units of capacity at a rate equal to the effective repairs in the sewer system for use in the impacted subdivision and for no other subdivision, lot or property.
(F) If a subdivision plat for the impacted subdivision is not recorded within 90 days of notice of allotment under division (E) above, the developer loses the right to these specific allotments.
(1004 Code, § 179-16) (Ord. 53, passed 6-1-1985; Ord. 2021-09, passed 10-14-2021)