(A) Notwithstanding the subdivision requirements set forth in Ch. 158 of this code, any proposed installation of a sewer main shall be accomplished in accordance with provisions of this chapter at the expense of the private party.
(B) The person requesting the installation of a sewer main (hereinafter “private party”) shall be responsible for all material costs associated with the installation of the sewer main, including, but not limited to, sewer main pipe, saddles, number of manholes, required lift stations, clean outs and “Y” connections and other pertinent apparatuses necessary to extend or connect to the existing municipal sewer system. The materials shall be purchased by the city, and the cost shall be reimbursed to the city by the private party prior to installation. The city shall be responsible for installing and maintaining the sewer main. The private party shall be responsible for the materials and labor associated with the installation and maintenance of all sewer service lines.
(C) Prior to commencement of the sewer main or lift station installation, a license for the use of public rights-of-way for construction purposes must be secured from the city, together with a contract for such installation. The contract shall incorporate the plans and specifications approved by the state’s Department of Environment and Natural Resources, including, but not limited to, the location of the proposed sewer main, size of sewer main, number of manholes, required lift stations, clean outs and “Y” connections, allow for other parties to tap into or extend the sewer main, provide for the collection of an installation fee, establish the amount of the installation fee to be charged by the private party to potential users of such installation on a per-linear-foot or per-square-foot basis and provide for the transfer of ownership of the main to the city as required by this section.
(D) The private party may collect an installation fee from all potential users, except the city, seeking to tap the sewer main by assessing the lot or parcel fronting or abutting the sewer main at a rate not to exceed 80% of the original installation cost on a per-linear-foot or per-square-foot basis.
(E) Except for the city and the private party, all potential users connecting to the sewer main or lift station for the purpose of extending the sewer main or for tapping the sewer main for a service line shall pay to the city any current municipal tapping fee in addition to the installation fee required by this section.
(F) Except for the city and the private party, all potential users connecting to the manhole or lift stations for the purpose of extending the sewer main and who are not subject to the installation fee shall pay the private party an amount equal to the city’s current tapping fee in addition to the tapping fee to the city.
(G) All installation fees and tapping fees payable to the private party or to the city must be paid in full prior to the issuance of a building permit.
(H) On the fifth anniversary of the sewer main contract, or earlier if the private party has already recouped his or her costs or if the owner has selected a lesser period of time, whichever is sooner, for sanitary sewer improvements less than 2,000 lineal feet or less than $50,000 in total construction cost, the private party shall deliver a bill of sale transferring ownership of the sewer main, manholes and lift station to the city for the sum of $1.
(I) On the tenth anniversary of the sewer main contract, or earlier if the private party has already recouped his or her costs or if the owner has selected a lesser period of time, whichever is sooner, for sanitary sewer improvements greater than 2,000 lineal feet or greater than $50,000 in total construction cost, the private party shall deliver a bill of sale transferring ownership of the sewer main, manholes and lift station to the city for the sum of $1.
(Prior Code, § H-3-3) (Ord. 814, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 9-29-1 and 9-48-2