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The following terms, when used in this division, shall have the meanings respectively ascribed to them by this section:
APPROACH SEWER MAIN. The portion of a newly constructed public sewer main or force main from where it connects to an existing sewer main to the closest outer perimeter of a proposed development.
CITY-INITIATED SEWER INFRASTRUCTURE. Any sewer infrastructure constructed by the city, regardless of the size or length of the infrastructure constructed.
CITY PARTICIPATION. The portion of the construction cost that the city pays for or reimburses to a developer pursuant to the Community Facilities Agreements Ordinance, including the city's cost for over-sizing developer-initiated sewer infrastructure.
DEVELOPMENT COST.
(a) The costs incurred by the city related to a city-initiated sewer infrastructure project, or the city participation costs in a developer-initiated sewer infrastructure project, which costs are based upon the unit costs contained in the contracts awarded for the construction of the sewer infrastructure that are not paid for with impact fee funds, regardless of the final cost, and may include design and easement acquisition costs, including any costs and legal fees associated with condemnation of easements; or
(b) The cost incurred by a developer related to the construction of a developer-initiated approach sewer main based solely on the cost of the contracts awarded for the construction of such sewer main, without regard to the final cost, and may include design and reasonable easement acquisition costs, but excludes any legal and real estate agent fees and other condemnation expenses.
DEVELOPER-INITIATED SEWER INFRASTRUCTURE. Any approach sewer main constructed by a developer, with or without cost participation, regardless of the length and size of the pipe.
DEVELOPER'S DEVELOPMENT COST PERCENTAGE. The development cost incurred by the developer divided by the entire cost of the project excluding the developer's legal, real estate agent fees, and other condemnation expenses, expressed as a percentage.
FRONTAGE MAIN. The portion of a public sanitary sewer main or force main located on land abutting a street, stream, drainage channel, or water body, or the portion of a public sanitary sewer main or force main located within a property boundary.
OTHER DEVELOPMENT. A property that is developing, redeveloping, going through a change of use, or previously on a septic system or other sewer system, that connects directly or indirectly to sewer infrastructure for which a sewer capacity charge has been established.
PEAK DISCHARGE RATE. The peak discharge rate contained in the sewer study or loading analysis approved by the city.
PROPOSED DEVELOPMENT. A property for which sanitary sewer service is being requested that requires the construction of developer-initiated sewer infrastructure.
SEWER CAPACITY CHARGE. A pro rata charge based on one million gallons per day (MGD) of sewer capacity.
SEWER INFRASTRUCTURE. An approach sewer main, frontage main, public sewer main or force main crossing a property boundary, or a public lift station, constructed by the city, or a developer, that is not included in the city's most recently adopted water and wastewater impact fee study.
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
The city council shall adopt an ordinance to create each sewer capacity charge authorized by this division. Nothing contained herein requires the city council to adopt such an ordinance, such adoption being in the sole discretion of the city council. Sewer infrastructure that is the subject of a community facilities agreement that has been fully executed at the time this division is adopted, or sewer infrastructure for which a sewer per acre charge has been established, shall not be eligible for a sewer capacity charge.
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
Assumptions used to calculate sewer peak discharge rate are based on the wastewater loading criteria and peaking factors in the "Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure." If alternative loading criteria will be used, or the type of use is not listed in the "Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure," the developer shall provide source information to the city for approval.
If the peak discharge rate is not within the "Requested Meter's Flow Range (gpm)" in the following table, or if there is no sewer study or loading analysis approved by the city, the peak discharge rate shall be the maximum limit of the "Requested Meter's Flow Range (gpm)" in the following table:
Sensus Omni Meter Types | Meter Size | Requested Meter's Flow Range (gpm) |
Sensus Omni Meter Types | Meter Size | Requested Meter's Flow Range (gpm) |
SRII | 5/8" x 3/4" | <20 |
SRII | 1 | 10-50 |
C2 Compound | 1.5 | 21 -50 |
C2 Compound | 2 | 40-200 |
C2 Compound | 3 | 155 - 500 |
C2 Compound or F2 | 4 | 425 - 1000 |
C2 Compound or F2 | 6 | 900 - 2000 |
T2 Turbo | 1.5 | <200 |
T2 Turbo | 2 | 40 - 250 |
T2 Turbo | 3 | 155 - 650 |
T2 Turbo | 4 | 425 - 1250 |
T2 Turbo | 6 | 900 - 2500 |
SRII = Single Family, Small Commercial
C2 Compound - Commercial, Multi-Commercial, Industrial, and Irrigation
T2 Turbo = Commercial Heavy User, Industrial, Heavy User, and Irrigation
F2= Combined Domestic with Fire Protection
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
For developer-initiated sewer infrastructure projects or city-initiated sewer infrastructure projects, the sewer capacity charge shall be calculated as follows:
(a) Development cost shall be determined consistent with the definitions contained in section 35-95.
(b) For a developer-initiated sewer infrastructure project, the developer must provide the calculated sewer basin boundary, and all information, studies, and exhibits requested by the city. The city must approve the calculated basin area. For a city-initiated sewer infrastructure project or a developer-initiated sewer infrastructure project with city participation, the city will determine the sewer basin boundary and the developer shall provide all information, studies, and exhibits requested by the city.
(c) The sewer capacity charge is calculated by dividing the development cost by the sewer infrastructure capacity. The sewer infrastructure capacity is determined in accordance with the most current version of the city's "Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure." The sewer infrastructure capacity is dependent on pipe slope and pipe diameter.
(d) A sewer capacity charge shall not be created for a frontage main that is part of a sewer infrastructure project if the frontage main is eligible to have an assessment for a front footage charge pursuant to the city code.
(Ord. 26324-08-2023, § 1, passed 8-8-2023)
(a) The water department shall be responsible for collecting, maintaining, and reimbursing sewer capacity charges.
(b) A sewer capacity charge shall be assessed on other development located in the approved basin boundaries of developer-initiated or city-initiated sewer infrastructure projects. The sewer capacity charge for a property that meets the definition of other development that is redeveloping or going through a change of use will be based on the additional peak discharge rate necessary for the property that is approved by the city.
(c) Sewer capacity charges shall be paid to the city when the developer submits a building permit application to the city.
(d) For developer-initiated sewer infrastructure projects, the developer should make a written request for reimbursement each November following the city's final acceptance of the developer-initiated sewer infrastructure project. It is the responsibility of the developer requesting the reimbursement to prove its eligibility to receive the reimbursement.
(e) A four percent (4%) annual cost adjustment shall be added to each prescribed sewer capacity charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
(f) Reimbursement of a sewer capacity charge to a developer shall cease when the developer has recovered its share of the development cost or after a period of 20 years, whichever occurs first.
(g) Any assignment of the right to reimbursement of a sewer capacity charge by a developer must be approved by the water department director, or their designee, prior to the execution of the assignment.
(h) Records reflecting the reimbursement limit, together with the project number, date construction was completed, permanent record number of the sewer main, limits of a portion of the sewer main upon which a sewer capacity charge has been assessed, and name of the entity entitled to the reimbursement shall be maintained by the city.
(i) It is the responsibility of a developer or landowner requesting a reimbursement to submit documentation satisfactory to the city to prove their eligibility to receive the reimbursement if the developer or landowner requesting the reimbursement is not the developer or landowner for which the sewer capacity charge was established.
(j) Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from sewer capacity charges paid to the city.
(k) The amount of reimbursement due to the developer each year shall be the assessed sewer capacity charge collected that year multiplied by the developer's development cost percentage. The remaining portion of the amount collected that year shall be retained by the city as reimbursement for the city participation in the project.
(l) The city will recover the city's development cost for a city-initiated sewer infrastructure project or city participation in developer-initiated sewer infrastructure project. The city's collection time will cease when city's development cost has been fully reimbursed.
(Ord. 26324-08-2023, § 1, passed 8-8-2023; Ord. 26623-12-2023, § 5, passed 12-12-2023, eff. 1-1-2024)
Editor’s note:
Section 1 of Ord. 12274, adopted November 28, 1995, repealed §§ 35-81 through 35-130 in their entirety. Formerly, said sections pertained to regulations governing industrial wastewaters, and derived from §§ I(1) through (7)(F) of Ord. 10880, adopted July 23, 1991, and §§ 5 and 6 of Ord. 11717, adopted November 1, 1994.
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