(A) When a developer of property wishes to provide sewer service by extension of or connection to MSD’s system, the developer, in addition to providing and paying for sewerage facilities necessary for the development, shall pay a capacity charge in advance of connection to the MSD’s wastewater treatment facilities. For developments served by MSD sewer extensions, the developer shall pay the applicable capacity charge at the time of execution of the sewer extension contract, or shall submit an irrevocable letter or credit from a local bank or other financial institution which guarantees MSD payment in full at the MSD’s request after the sewers are installed and connected to MSD’s system and before the MSD issues its formal acceptance of the sewer extensions.
(B) MSD may negotiate and execute agreements with developers whereby developers may construct and pay for regional sanitary sewer facilities that serve the developers’ property and other property located within a region determined by MSD (Sewershed). The developer must submit plans for the proposed regional sanitary sewer facilities (Facilities) to MSD and MSD must approve such plans prior to construction. The developer also must receive approval from MSD that the Facilities’ construction was in accordance with its prior approved plans and specifications. Developers must transfer right, title and interest of said Facilities to MSD at no cost. When other properties within the Sewershed are developed, MSD may charge customers located within that determined Sewershed, or other customers permitted by MSD to use such Facilities, Recapture Fees on behalf of the developers in order to recapture the cost expended by the developers in constructing such Facilities. MSD will calculate the Recapture Fees by determining the number of developable lots within the Sewershed and dividing it into the total final cost of the Facilities. MSD will collect the Recapture Fees and, after retaining a reasonable administrative fee from the Recapture Fees, remit the balance of the Recapture Fees to the developers in accordance with the terms of the agreements and with this section. Recapture agreements shall require MSD Board approval. A public meeting shall be held near the affected area with notice to all land owners within the Sewershed. The public meeting, with MSD representatives present, shall be held at least 60 days prior to MSD Board approval. An explanation of proposed recapture agreements, including also financing and Sewershed details contained in the agreements, shall be delivered to Metro Council at least 60 days prior to MSD Board approval.
(1994 Jeff Code, § 50.36) (Jeff. Ord. 3-1987, adopted and effective 2-10-1987; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007)