CHAPTER 931
Extension of Water and Sewer Lines Outside City
931.01   Purpose; general requirements.
931.02   Feasibility study.
931.03   Methods of allocating expenses.
931.04   Developer's duties.
CROSS REFERENCES
      Power to regulate water, sewer systems - see Ohio R.C. 715.08, 715.40, 717.01, 743.01
      Management and control of water, sewer systems - see Ohio R.C. 729.50, 743.02
      Sewer assessments - see Ohio R.C. Ch. 729
      Interference with sewage flow - see Ohio R.C. 4933.24
      Water supply - see OAC 4101:2-51-37
   931.01 PURPOSE; GENERAL REQUIREMENTS.
   The eventual users of sewer and water utilities shall pay the City for the cost of extending the service within a reasonable proximity to the proposed development. The City must insure that its sewer and water systems expansions are planned to adequately provide services to logical and/or homogeneous areas at the lowest area cost, considering both initial installation and subsequent operating cost. The City shall not accept connection to its utility systems of trunk or major lateral sewers or of water distribution mains which are of a size or depth inadequate to handle the requirements of properties, however owned, which constitute such a logical complex or area. In addition to the required State approval of water and sewer design, developers shall be required to have all utility plans approved by the City, through the office of the City Engineer, prior to their installation.
(Res. 8-69-R. Passed 2-9-70.)
   931.02 FEASIBILITY STUDY.
   When a request is made for extension of water and/or sewer mains to a development a feasibility study shall be made. This study shall consider the technical factors and shall determine the area that will best and most logically be served as an immediate and projected result of such utility extension. The number of immediate users, the total number of users projected over a feasible period, project costs including City engineering expenses, revenue to the City in sewer and water charges and the money immediately required by the City to pay the cost of the extension shall be determined. Upon completion of the feasibility study or studies, a formula for assessing the eventual users shall be developed. Through these assessments, the total dollar costs to the City in making an extension to water and/or sewer utilities, including the costs of interim financing, shall be returned to the City from the users who will immediately or eventually benefit from the extension.
(Res. 8-69-R. Passed 2-9-70.)
   931.03 METHODS OF ALLOCATING EXPENSES.
   Because of the variety of circumstances under which a request for sewer or water extension may be generated, no single method can be enunciated under which an original or initial developer may be able to allocate or recover expenses directly related to the City requirement for additional depth or pipe size over than needed only for, and within, his individual development. In general, four methods may be considered:
   (a)   The developer may obtain an agreement from the affected, adjoining and/or nearby property owners for the sharing of this additional cost; or
   (b)   The developer may absorb these costs in his overall cost of development in the interest of being able to proceed without the delays inherent in subsection (a) hereof;
   (c)   Where a principal lateral is involved, the developer may approach the City to require that such other property owners as would be affected and who require a tap within a twenty year period be required to pay their fair share of the differential cost of the sewer line at the time of such tap, and that within such twenty year period this amount be returned to the developer who installed the sewer; and
      (Res. 8-69-R. Passed 2-9-70.)
   (d)   Where a principal water or sewer trunk line is involved the City will pay the developer the difference in cost of pipe and necessary material for the increased size requirement requested by the City, provided that the developer at his cost install such pipe and material at the proper depth necessary for a proper connection to existing trunk lines.
      (Res. 7-70-R. Passed 11-9-70.)
   931.04 DEVELOPER'S DUTIES.
   (a)   Except as identified in Section 931.03, developers shall assume all costs of water and sewer installations within their developments. All installations shall meet City and State specifications.
   (b)   As any portion of an area is developed to be connected to the City water and/or sewer utilities, the developer shall be required to annex to the City unless granted an exemption by Council.
   (c)   This policy applies only to the extension of sewer and water utility services and facilities and does not apply to replacement, maintenance or rebuilding any established sewer and water mains.
   (d)   Conditions or situations not covered by this chapter should be brought to the attention of the Safety-Service Director for a decision or referral to Council.
(Res. 8-69-R. Passed 2-9-70.)