A. Whenever real property tributary to the City sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Director of Public Works based upon rates established in § 5.02.220 hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City. If the Director of Public Works determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site or outlet sewers as required herein, he shall so recommend to the City Council for its final determination. Where a tract map for an industrial, commercial or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Director shall charge a fee in accordance with a resolution adopted pursuant to § 5.02.220 when such tract is developed. Provided, however, that where it is determined by the Director of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirement that a sewerage facilities charge be paid therefor.
B. In determining the sewerage facilities charge, the Director of Public Works shall:
1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessment for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment.
2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid.
3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge.
C. The Director may permit a subdivide to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said off-site sewer. Should the actual cost of such off-site sewer be less than the sewerage facilities charge required by Subsection A. hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivide to the City for deposit in an account in the General Fund expendable for the financing of the construction of outlet sewers for which the City is obligated by accepting charges in accordance with this ordinance.
D. The Council may authorize the subdivide or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection A. hereof and, subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivide or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge. If the sewerage facilities charge has been paid by the subdivide or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid.
E. Actual cost of off-site sewers as used in Subsections C. and D. shall be determined from sealed bids, received and opened by the Director of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten (10) percent of the accepted bid price for the performance of the work.
F. In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City.
G. Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City's requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections C. and D. hereof.
H. Subdivisions other than those included in Subsection A. hereof may be:
1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determine that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions when connections to future sewers are requested or required.
2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council, upon advice of the Director of Public Works, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers.
('65 Code, § 29-13) (Ord. No. CS-666 § 1(4); Ord. No. 2007-002 § 1)