(A) Purpose. The purpose of the sewer allocation policy (Policy) is:
(1) To ensure that the City properly manages its sewer capacity following the recent increase in capacity;
(2) To equitably allocate the sewer capacity among developments gaining the necessary approvals under the City of Havelock's subdivision or zoning process;
(3) To permit as much development as possible capacity while ensuring protection of the environment; and
(4) To achieve a reasonable balance between residential and commercial development.
(B) Determination of available sewer capacity. The amount of available sewer capacity, measured in gallons per day (gpd), shall be established from time to time by the City Manager upon the advice and recommendation of the City Engineer. The City reserves the right to establish limitations and requirements which are more stringent that those required by either state or federal regulation. The City Manager shall re-confirm the amount of available capacity remaining for residential development as of the date of Preliminary approval and for commercial developments as of the date of zoning approval and such determination shall be made part of the approved record.
(C) Implementation of policy. Havelock has implemented long-term solutions provide additional sewer capacity to support future growth. This Policy periodically shall be reviewed and amended as appropriate in response to information provided annually by the City Engineer concerning wastewater flows. This policy will extend from adoption of this ordinance amendment until such time as the policy may be amended
(D) Balance between commercial and residential development. The City Manager shall seek to achieve a general balance between commercial and residential in allocating sewer capacity. Depending on the City Manager’s determination of what type of development is in the best interest of the citizens of Havelock, the City Manager may from time to time allocate a higher percentage of sewer capacity to one type of development than the other.
(E) Allocation cap. No individual residential or commercial development shall receive an allocation of more than fifty percent (50%) of any remaining sewer capacity, as from time to time may be determined, except upon approval of the Board.
(F) Priority for in-City developments. Developments obtaining preliminary subdivision approval or zoning approval within the city shall be eligible for allocations in accordance with the Policy. Developments outside the City that have been accepted for annexation may be eligible for an allocation as part of an annexation agreement.
(G) Allocations for residential development.
(1) Allocations for each eligible residential subdivision development shall be based on the volume of sewer flow required by the development, as presented in the respective developer's preliminary subdivision approval application. If insufficient capacity is available to accommodate the entire development or phase of development, the City Manager shall determine the allocation based on the volume of sewer flow required by the development or phase of development in relation to the total volume of sewer flow required by all eligible residential developments.
(2) The term ELIGIBLE RESIDENTIAL DEVELOPMENT means any development which received preliminary subdivision approval pursuant to Chapter 158, Subdivision of Land, Code of Ordinances, City of Havelock and for which the City has not made an allocation of sewer flow.
(3) City Manager determinations. The City Manager shall make a determination as to:
(a) Eligible residential developments; and
(b) The amount of sewer allocation required to complete the entire development or phase(s) of the development, as approved, relative to the amount of capacity remaining as of the date of preliminary subdivision approval;
(c) The amount of sewer allocation granted to each eligible residential development in accordance with this Policy.
(4) Priority of allocation requests. Allocations for eligible residential developments shall be on a first come, first served basis according to preliminary subdivision approval.
(5) Allocation allowed by development phases. Sewer capacity may be allocated by phases of development if providing capacity for an entire eligible residential development in a manner consistent with this Policy is not practicable due to lack of capacity, equity with other eligible developments, or other allocation considerations.
(H) Allocations for commercial development.
(1) The term ELIGIBLE COMMERCIAL DEVELOPMENT means any commercial development granted zoning approval under Chapter 154, Zoning, Code of Ordinances, City of Havelock.
(2) City Manager determinations. The City Manager shall make a determination as to:
(a) Eligible commercial developments; and
(b) The amount of sewer allocation required to serve the development, as approved, relative to the amount of sewer capacity remaining as of the date of zoning approval.
(3) Project-by-project basis. Allocations for all new commercial development shall be made on a project-by-project basis by the City Manager. The granting of an allocation may take into consideration the anticipated importance of the proposed commercial development to the community and the financial benefit to the City of such development. The amount of the allocation shall be based on the projected volume of sewer flow required for the development in relation to the amount of available sewer capacity.
(I) Ten percent (10%) of the available sewer flow (set aside flow), as may be determined from time to time, is allocated to the City Planning Director who is authorized to use his or her discretion to grant allocations from this set aside flow, upon application, to individual/small contractor projects and for other miscellaneous development needs, including commercial developments in existing structures with a maximum projected volume of sewer flow of two thousand (2,000) gallons per day. A maximum aggregate total of fifteen thousand (15,000) gallons per day may be allocated for all uses under this authority.
(J) Time period for using allocations.
(1) Upon receipt pursuant hereto of an allocation, the respective developer or property owner shall be subject to the following time periods for using the allocation:
(a) One hundred and eighty (180) days from receipt of written notification of an allocation to COMMENCEMENT OF CONSTRUCTION, defined as installation of footings for each building receiving a sewer allocation; and
(b) Three hundred and sixty-five (365) days from receipt of building permit to submittal of a complete application for a certificate of occupancy.
(2) Any allocation declined in writing by or not meeting the above-stated time periods automatically shall be forfeited, unless the applicable time period is extended by the City Manager in his discretion for good cause shown.
(3) An allocation may be suspended or cancelled by the City Manager in his or her discretion, upon at least ten-days’ written notice to the developer or property owner, if continuous construction is not maintained for the development and may be reallocated to another property in accordance with this Policy.
(4) The time period for using the allocation shall run from the date of the initial allocation by the City.
(K) Sale/trading/transfer of allocations/taps prohibited. A sewer allocation or sewer tap may be utilized only at and for the physical location at which it is located or for which it is granted, and an allocation or tap may not be sold, traded nor transferred for use at any other location without approval by the Board of Commissioners.
(L) Active sewer taps.
(1) Active sewer taps are those in use with an active utility account with the City on or after 8-27-2007. After that date, any property without an active sewer tap must obtain a new sewer allocation, unless service is re-activated pursuant to the hardship provision below. Any property owner or occupant who fails to maintain an active sewer account for a property for a continuous period of one hundred and eighty (180) days or more at any time after 3-25-2013 shall be deemed to have an inactive tap for that property and the property owner or occupant must obtain a new sewer allocation, unless service is re-activated pursuant to the hardship provision below. Property with an active utility account shall have an active sewer tap and shall be provided utility service on either an open flow meter or closed flow meter billing rate as from time to time requested by the property owner or occupant.
(2) The City Manager, in his or her discretion, may allow a property owner or occupant to restore sewer service to an occupied property with an inactive tap in hardship cases without having to apply for a new sewer allocation. Hardship cases shall include, but not necessarily be limited to, an extended absence from the property due to military deployment to other bases or locations, full-time education at a location outside of the area, long-term medical treatment or rehabilitation outside the area, or financial inability to maintain service during an extended absence due to other unavoidable circumstances.
(3) Except as herein otherwise provided, the sewer allocation for any property without an active tap as prescribed by this provision shall be forfeited and the property owner thereafter must apply for and receive a new sewer allocation as a condition to the restoration of sewer service.
(4) Upon a determination that a property has an inactive tap as defined above, the City shall have the right to remove or otherwise disconnect or disable the tap to ensure that service cannot be used without a new allocation being authorized.
(Ord. passed 10-14-1991; Ord. 07-O-02, passed 2-26-2007; Ord. 07-O-08, passed 9-24-2007; Ord. 09-O-10, passed 7-27-2009; Ord. 10-O-02, passed 1-25-2010; Ord. 11-O-06, passed 4-25-2011; Am. Ord. 13-O-01, passed 3-25-2013)
Penalty, see § 10.99