(A) Prior to the issuance of any subdivision approval, planned unit development approval, or zoning permit approval of the issuance of any “Flow Acceptance Letters,” the applicant must sign an agreement that the following development time schedule must be met. If the applicant does not meet these time frames the city is under no legal obligation to reserve or provide wastewater capacity.
(1) The applicant must obtain any necessary state permits within six months of the date of the agreement.
(2) The applicant must begin construction of the wastewater infrastructure within 18 months of the date of the agreement.
(3) The applicant must complete all needed wastewater improvements and occupy all proposed structures within 36 months of the date of agreement.
(B) Any applicant who has been issued any subdivision approval, planned unit development approval, zoning permit approval or has been issued any “Flow Acceptance Letters” who has not completed more than half of the proposed construction outlined in the wastewater treatment capacity request before the effective date of this section shall have 18 months from the effective date of this section to begin construction on the subdivision for which wastewater treatment was requested or re-apply for a new “Flow Acceptance Letter” pursuant to this section. Failure to begin construction on the subdivision or to apply for a new “Flow Acceptance Letter” will render any such previous approval or “Flow Acceptance Letters” not binding upon the City of Locust.
(C) Acceptable “construction” according to division (B) of this section shall be defined as:
(1) Having obtained all necessary permits for the building of the structure(s) proposed in its application; and
(2) Having completed the foundation of the structure(s).
(D) This section shall be in full force and effect from and after April 9, 2009.
(Ord. -, passed 4-9-2009)