(A) No connection to any municipally-owned trunk sanitary sewer shall be allowed until a permit is obtained and payment as a contribution to aid in construction has been made into the town Sewer Improvement and Betterment Fund, and the Plant Expansion Fund pursuant to this subchapter, and/or an executed sewer service agreement.
(B) No new sewer collection facilities will be allowed to connect to any municipally-owned trunk sanitary sewer or any interceptor force main or lift station composing a part of the sanitary sewer unless
and until the area requesting extension is annexed into the town or the owners of the real estate within the area have agreed for themselves and their legal successors in interest not to remonstrate against the annexation in the future.
(C) Payment of the availability, connection costs and all other costs set forth in this subchapter, and any ordinance amendatory or supplemental thereto, shall be made at the following times and in the following manner unless a sewer service agreement requires a different payment schedule.
(1) At the signing of the recorded plat or detailed unit development plan approval, the sum of $1,800 per equivalent dwelling unit, which shall be allocated to the Sewer Improvement and Betterment Fund.
(2) (a) At the time of issuance of the sewer connection permit, the person or entity purchasing said permit shall pay the entire connection fee of $3,100, which shall be deposited into the Sewer Improvement and Betterment Fund, unless there exists a sewer service agreement specifying a different sewer connection fee, in which case, said sewer service agreement shall control. In addition to the sewer connection permit fee set forth above, any person or entity requesting the issuance of a sewer connection permit within the following drainage basins shall pay the sums set forth on the chart below:
Drainage Basin | Additional Charge |
Drainage Basin | Additional Charge |
Austin Trace | $400 |
Bay Creek | $400 |
Buck Creek | $800 |
Middle Fork | $400 |
North Fork | $1,400 |
North Town | $0 |
Old Town | $0 |
Stansbury | $800 |
Note: The North Fork Additional Charge shall be allocated in the amount of $1,000 for the North Fork oversizing expense and $400 for the Bay Creek oversizing expense. | |
(b) All sewer connection fees and additional charges set forth above shall be deposited into the Sewer Improvement and Betterment Fund and unless there exists an executed sewer service agreement between the town and any particular developer directing otherwise, in which case the executed sewer service agreement shall control, said funds shall be disbursed as follows:
1. The sum of $3,100 shall remain in the Sewer Improvement and Betterment Fund to be utilized as allocated and budgeted.
2. Any and all additional charges collected pursuant to the chart set forth above, shall be disbursed to the particular developer, within the designated basin, as reimbursement for the cost of oversizing certain wastewater infrastructure at the request of the town, said sums to be paid until the developer has been fully reimbursed for approved oversizing costs pursuant to an executed sewer service agreement between the town and the particular developer for a period not to exceed 15 years.
(D) All monies, including any accumulated interest from the Sewer Improvement and Betterment Fund shall remain in the fund and be used for the purposes set out herein.
(E) The cost to be paid from the above funds and account shall expressly include construction costs, legal costs, engineering costs, construction inspection costs, project administrative costs and easement acquisition costs as shall be administered and defined by the Town Council. Projects which may be funded from the Sewer Improvement and Betterment Fund shall include, at the town’s discretion, new trunk and interceptor sewers, improvements to existing trunk or interceptor sewers and lift stations, improvements in the wastewater treatment plant and the sewage collection and treatment improvement projects as determined to be reasonable and prudent by the Town Council.
(F) Easements, as are required by the Town Council, for the extension of sewers across the land of a developer shall be prepared and dedicated without cost by the owner of the real estate. Other easements may be acquired pursuant to law.
(G) The Town Council is authorized to enter into special rate contracts with users of the sewage work system where clearly definable cost to the sewage work systems can be determined and the special contract rates are based on the costs.
(H) Any owner of real estate, which either: includes an extension of an interceptor sewer defined in the town’s Sewer Master Plan (hereinafter referred to as “the Master Plan”); or is served, or should be served, by an interceptor sewer to provide extensions of the town’s sewer system to other real estate; shall be required to extend the interceptors through their property, under the terms and conditions set out in this subchapter. For purposes of this subchapter, the following definitions apply.
(1) INTERCEPTOR COSTS. Sewer costs external to a development including the costs of oversizing, or extending an interceptor through a development which costs would not be incurred if the interceptor was only being constructed or extended to serve present development.
(2) LOCAL SEWER COSTS. Sewer costs incurred because of the development being served.
(3) OVERSIZING COSTS. The difference between the interceptor costs and the local sewer costs, including oversizing, construction of lift stations and other costs which would not be necessary, but for the developers project, but are only costs of construction in order to benefit real estate off site of the property owned by persons other than the developer,
(I) The developer may recover a portion of his or her oversizing costs. In order to determine the sums recoverable by the developer for oversizing certain infrastructure, the developer must provide to
the town and the town’s engineer a bid quotation by the developer’s contractor for the infrastructure to be constructed and installed with the entire development, broken down by phase or section prior to the beginning of construction.
(1) The cost of the infrastructure must be itemized by pipe size, length and depth. The town and/or the town’s engineer will provide to developer a document containing the appropriate format for the information required.
(2) Furthermore, the developer must provide to the town and the Town Engineer detailed itemized final construction costs for the sewer installation for each section or phase of the development. This information must be submitted to the town and the town’s engineer before the town will accept dedication of the constructed infrastructure of each phase or section of the development.
(J) Extension of interceptor sewers shall be, in accordance with the latest Sewer Master Plan, developed and approved by the town. All the extensions of the sewer system shall be designed by a registered professional and state licensed engineer retained by the developer subject to review and approval of the design by the Town Engineer and approval by the Town Council.
(1) The cost for review of the plans and specifications by the Town Engineer shall be pursuant to a contract executed between the developer and the Town Engineer.
(2) Plans and specifications for specific extensions of the sewer system shall be submitted to and receive approval from the town, and all applicable regulatory agencies prior to the actual start of construction. (A copy of all the approvals shall be filed with the town within ten days after receipt of approval.)
(3) In no event will any of the town sewer revenues be used, committed or encumbered to repay any funds advanced or contributed, nor will the town’s General Fund be used, committed or encumbered to repay any like funds advanced or contributed.
(4) The repayment, if any, will be made under the provisions of this subchapter and will be repaid only from funds deposited in the Sewer Improvement and Betterment Fund and the Developer Reimbursement Fund.
(5) No provision of this subchapter shall be construed as a guarantee by the town that the owners and/or developers of real estate advancing funds will be reimbursed therefor.
(6) The amount of credits and reimbursements, if any, due to the developer, will be based on construction costs for labor and materials only and will be determined by the Town Engineer, whose decision shall be final.
(K) All plans for any sewer infrastructure to be installed outside the area being developed by the applicant (i.e., off-site sewers) shall be designed by engineers retained by the developer and shall be reviewed by the Town Engineer, the cost of which shall be paid by the developer to the Town Engineer pursuant to separate contractual agreement between the developer and the Town Engineer. All easements shall be granted to the town, which shall obtain the easements, the cost of which shall be paid by the owners and/or developers and which shall be obtained prior to the commencement of construction of the project. Easements shall be in a form approved by the town. The owners and/or developers shall pay upon demand by the town, any and all costs associated with obtaining any required easements.
(L) All extensions to the town sewerage systems shall be dedicated to and must be accepted by the town before connection, and once connected, shall become and remain thereafter the sole property of the town without further dedication thereof. The owners and/or developers making the dedication shall post at the time of dedication, five years maintenance equal to 25% of the project cost in a form acceptable to the town. Owners and/or developers shall furnish an affidavit that they have paid in full all contractors, materialmen and laborers the full cost of the extension or extensions.
(M) The owners and/or developers obtaining a permit for sewerage extensions shall submit plans for on-site sewers, including trunk sewers to be constructed within the development, to the Town Engineer for review and approval prior to the start of construction. During construction of any on-site or off-site sewer installations, the owners and/or developers shall pay to the Town Engineer the expense of his or her inspection services to assure that the construction of the facilities are in compliance with current standards and specifications established by the Town Engineer and the town. Upon completion of construction, the owners and/or, developers shall provide certified record construction drawings in a digital format compatible with Auto-Cad 2000 or similar in hard copy format to the Town Engineer within 30 days of completion of the project. If certified record construction drawings are not provided, as above required, the Town Engineer may prepare these at the expense of the owners and/or developers. No potential reimbursable expenses of oversizing and/or off-site interceptor construction will be allowed until certified record drawings are provided to and approved by the Town Engineer. The owners and/or developers shall pay the inspection costs and the costs for televising all infrastructures, prior to approval and acceptance of the infrastructure by the town, and the costs for televising required six months prior to expiration of five-year maintenance period. The payment shall be made directly to the Town Engineer.
(N) Individual connections in developed areas: if individual applicants for sewage service in already developed acreage and/or platted subdivisions wish to be served requiring construction of a new trunk sewer or local sewers, they shall obtain a permit and deposit adequate funds, with the town to pay all construction costs, engineering costs and all appurtenant costs prior to authorization of the design by the town and receipt of bids for construction. If the project does not proceed to completion after project costs are established, the money so deposited by individual applicants shall be non-refundable and will be used to pay incurred expenses. If the monies are in excess of the town’s expenses, the excess will be returned on a pro rata basis to the individual(s) making the deposit. If the project is completed, the deposits of individual applicants shall be credited to the individuals’ costs. If a connection is made to any trunk or local sewer without obtaining a permit and paying the required availability, connection and local sewer costs, the act shall constitute a violation of this subchapter, and individual owners and/or developers of real estate making the connection will be subject to a fine of $500 per day for each day the connection was unlawfully installed, and will be required to remove the connection until the requirements of the ordinance are complied with. Each day the unlawful connection exists may be considered a separate offense.
(O) This subchapter and the costs and charges set out herein may be amended from time to time by the Town Council when conditions exist that indicate to the Town Council that charges herein are not equitable for the customers of the municipal sewage system or for the subdividers, developers or owners of property connected to the town’s sewage system.
(P) If a connection is made to any trunk or local sewer without obtaining a permit and paying the required availability fee, connection fee and/or local sewer costs, the act shall constitute a violation of this subchapter, and the owner and/or developer of real estate so connected will be subject to a fine of $100 per day for each day the connection was unlawfully installed, and will be required to remove the connection until the requirements of this subchapter are complied with. Each day the unlawful connection exists shall be considered a separate offense.
(Ord. 090908A, passed 10-14-2008; Ord. 031213B, passed 3-12-2013)