The main sewer extension policy of the town for areas beyond present town trunk sewers and the policy to be followed in connection therewith shall be, and the same is hereby, declared to be as follows:
(A) The town desires to encourage the development of undeveloped areas through repayment for extra costs incurred in construction of “off-site” sewer mains that are necessary to serve development in order to distribute the costs of extending the mains between two or more developers. This policy would apply where a sewer main extension was constructed by one developer and connected or utilized at a later date by one or more developers. For this purpose, a SEWER MAIN is defined as a main extended beyond the limits of the project or a main constructed along the frontage or boundary of the development with capacity to serve additional developments. However, the developer must pay all the costs for engineering design and construction of main sewers of the size as to afford adequate capacity and service for specific “service areas” to be served by town trunk sewers.
(B) The Town Engineer will not perform field engineering or submit detailed plans and specifications for the developer. This latter work is to be performed by a civil engineer registered in the state, employed by the developer. The final details plans and specifications for the main sewer extension must be approved by the Town Engineer and the Public Works Director before construction begins. The engineering costs for preparation of plans and staking of the main sewer incurred by the developer may be included as determined by the Director in the agreed construction costs as provided in this section.
(C) The final detailed plans and specifications for the main sewer extensions must be approved by ADEQ and by the Council before construction begins. The design and engineering will be in accordance with the specifications of the State Department of Environmental Quality and the municipality prior to construction. The construction shall meet the municipality's specifications, requirements and approval, and will be subject to inspection by the municipality's agents during construction.
(D) In new subdivisions, shopping centers, industrial tracts or similar developments, the developer shall furnish and install to town specifications all branch, lateral and main sewers, manholes and appurtenances within the boundary of the designated area of the development.
(E) The design and engineering will be in accordance with the specifications of the town and must be approved by the Town Engineer of the town prior to the construction. The construction shall meet the town specifications, requirements and approval and will be subject to inspection by the Town Engineer during construction.
(F) Upon its completion, the aforesaid main sewer line shall become and be the property of the town.
(G) The maximum area to be serviced by the proposed main sewer line and its ultimate branches and laterals shall be determined by the Public Works Department based on local drainage conditions.
(H) The town shall have exclusive control of connections to the proposed main sewer line.
(I) Except as otherwise provided in this section, all provisions of this code and other ordinances of the town or amendments thereto applicable to sewer services inside and outside the town boundaries, including all charges therefore, shall apply to services in the proposed area.
(J) Should others in the service area desire to join with the developer in constructing the proposed main sewer line, this agreement will be considered as including the others.
(K) In the event that the area to be serviced by the developer is lesser in size than the maximum area to be serviced by the proposed main sewer line and its ultimate laterals, the aforesaid main sewer line shall be designed, engineered and constructed to serve the maximum area as described heretofore.
(L) In the event that the area to be serviced by the developer is the entire area above described as the maximum service area, then the developer will not be eligible for repayment.
(M) The town, in consideration of the foregoing, agrees:
(1) To permit the developer to connect into town existing trunk sewer lines and the main sewer line to be constructed by the developer as above provided;
(2) In the event that the area to be serviced by the developer is smaller than the maximum area to be serviced by the proposed main sewer line and its ultimate branches and laterals. The town agrees to enter into an agreement with any party desirous of obtaining a connection to the main sewer line;
(3) Such an agreement will establish a just, equitable and reasonable charge to permit such a connection. The connection charge will be made on a cost per acre basis on the area to be served, using the heretofore agreed main sewer line construction cost based on competitive bidding and maximum service area acreage to determine the cost per acre;
(4) Any connection charge will not affect the right of the town to assess its regular tax charges and sewage rental charges against the owners of property within the developer's area;
(5) Building connection charges (sewer tap) shall be paid to the town at the prevailing rate and are not refundable; and
(6) A charge of $100 will be assessed by the town for the administration of each repayment agreement (see Town of Florence Schedule of Fees).
(Prior Code, Ch. 18, Art. III, § 18-171) (Ord. 346-04, passed 6-21-2004)