The owner of premises that currently is located within the City, but not served by an available public sanitary sewer system, may elect to extend the collection system and connect his or her premises thereto, subject to the conditions for sewer extensions set forth in this chapter, unless modified by the terms of a written agreement between the City and the property owner pursuant to Section 1042.18, Sewer extension agreements:
(a) The sewer main shall be extended to the premises in a public right-of-way, or in an easement owned by the public to the premises in question. If the sewer is to be extended for the purpose of serving a new development, including but not limited to a site condominium, subdivision, or division of land which involves the installation of a new public or private road, the sewer main shall be extended throughout such new road so that the sewer abuts all units or lots within the development, within an easement dedicated to the public if not located in a public street right-of-way.
(b) If a sewer main is extended to a premises, the main shall be installed across the entire frontage of the premises served, to the border of the adjacent premises. For developments for which a new public or private road is constructed, the sewer main shall be extended across the entire frontage of the development on the existing adjacent public or private road, in addition to being extended within the new road to all lots or units within the development. All sewer main extensions shall be located within an easement dedicated to the public, if not located in a public street right-of-way.
(c) The sewer main shall be constructed in accordance with specifications approved by the City.
(d) Upon completion of the sewer main, verification by the City that it has been properly constructed, and proof that all contractors have been paid for the cost thereof (including lien waivers if requested), the sewer main shall be dedicated to the City, without cost to the City. Upon acceptance of dedication, the City shall thereafter be responsible for maintenance of the sewer main. The City shall be assigned, or be a third party beneficiary of, all construction contracts and material and equipment warranties.
(e) The person responsible for installing the sewer shall also reimburse the City for the cost of acquisition of right-of-way, if necessary, including attorney fees, appraisal fees, cost of land title research and all other expenses of any condemnation proceedings. The person responsible for installing the sewer shall pay an amount to the City, in advance, at least equal to the estimated fees for such acquisition. Any excess not required to complete the improvements shall be refunded to the responsible party; any shortfall shall be paid before connection of any premises is permitted.
(f) The entire cost of installation of the sewer main, including but not limited to engineering, construction, permits and restoration shall be paid by the owner or owners of the premises to whom sewer is being extended.
(g) In addition to the extension of a sewer main, as required, the owner of premises to be connected to the system shall reimburse the City for the cost of making improvements to downstream facilities, which are necessary as a result of the additional connections proposed to be made by the owner of the premises or by a development which will be provided with public sewer, including but not limited to increasing the size of downstream sewer mains to provide sufficient capacity, increase in the capacity of lift stations, and increase in treatment capacity of the POTW. In such a situation, the responsible party and the City shall enter into an agreement whereby the responsible party pays to the City, in advance, an amount equal to at least the estimated cost of making such improvements. Any excess not required to complete the improvements shall be refunded to the responsible party; any shortfall shall be paid before connection of any premises is permitted.
(h) Once constructed, the extended sewer main shall be available to additional owners of lands to which service had not been available. Each subsequent user shall be required to pay a tap-in fee.
(i) In its discretion, the City may require the person requesting the extension or required to construct an extension to provide at the sole expense of that person an engineering report by a consulting engineer acceptable to the City addressing the cost and feasibility of the proposed extension in the context of the foregoing conditions.
(Ord. 499. Passed 4-9-13.)