§ 18-147 RELATIONSHIP OF SANITARY SEWER SYSTEM CAPACITY TO APPROVALS FOR ANNEXATION, ZONING, PLANNED DEVELOPMENT, SPECIAL USE, SITE PLAN, SUBDIVISION AND BUILDING REGULATIONS.
   (A)   An application for annexation, zoning map amendment, planned development, special use, site plan and/or subdivision, shall as part of the application requirements perform a sanitary sewer system capacity analysis to be completed by the city or its consultant engineer, to confirm sufficient sewer system capacity is available to serve the sanitary sewer needs of subject property. The cost for preparing the sewer system capacity analysis shall be the responsibility of the applicant. The Board of Mayor and Aldermen may adopt by resolution and amend from time to time a fee structure for preparing a water system capacity analysis. However, with respect to any development (or phase thereof), building or lot that is proposed, intended or required to be served by the city’s sanitary sewer system, the remaining requirements of this section shall be applicable.
   (B)   Applicants for annexation, zoning map amendment, planned development, site plan, subdivision and special use shall pay or cause to be paid in full the following sewer capacity analysis fee for the preparation of a sewer system capacity analysis.
SEWER CAPACITY ANALYSIS FEE SCHEDULE
TYPE OF APPLICATION
SEWER CAPACITY ANALYSIS FEE
SEWER CAPACITY ANALYSIS FEE SCHEDULE
TYPE OF APPLICATION
SEWER CAPACITY ANALYSIS FEE
Annexation
   < 50 acres
$250
   51 - 150 acres
$500
   > 150 acres
$750
 
Zoning Map Amendment
   Residential
$250
   Non-Residential
$400
 
Subdivision - Conceptual or Preliminary Plat
   < 10 acres
$250
   10 - 50 acres
$500
   50-100 acres
$750
   > 100 acres
$1,000
 
Planned Development - Conceptual or Preliminary Development Plan
   < 10 acres
$250
   10 - 50 acres
$500
Planned Development - Conceptual or Preliminary Development Plan
   50-100 acres
$750
   > 100 acres
$1,000
Site Plan
   < 10 acres
$250
   10 - 50 acres
$500
   50-100 acres
$750
   > 100 acres
$1,000
Special Use (All Types)
$250
 
   (C)   No clearing, excavation, construction or other site disturbing work may be undertaken on any lot or tract where one or more new sewer connections will be required or where the proposed use of the lot or tract will result in an increased demand on the sewer system (as determined in accordance with Appendix C of this code of ordinances) unless the developer has secured written approval from the City Engineer authorizing connection to the sewer system including payment of all associated fees by applicant that is sufficient to accommodate the proposed development.
   (D)   Subdivision final plat approval may not be granted unless the applicant has received written approval from the City Engineer authorizing connection to the city’s sewer system for every lot that is sufficient to accommodate the development proposed or anticipated land use for that lot.
   (E)   No building permit may be issued for any lot where the construction work authorized under the permit will result in the need for a new connection to the city’s sanitary sewer system or an increased demand on the sewer system (as determined by the City Engineer in accordance with Appendix C of this code of ordinances).
   (F)   If a building permit is sought for a lot not previously connected to the city’s sewer system but with respect to which sewer capacity has been previously reserved and availability fees paid, and the use proposed at the time the building permit is sought will place more or less demand on the sewer system (as determined by City Engineer according to Appendix C of this code of ordinances) than the capacity paid for at the time capacity was reserved, then:
      (1)   If the demand of the proposed use exceeds the capacity reserved, the building permit will not be issued until such time as a properly sized connection is determined by the City Engineer and all associated fees paid in full by the applicant; and
      (2)   If the demand of the proposed use is less than the capacity reserved, a refund for excess capacity may be sought under § 18-149 of this chapter.
   (G)   Whenever:
      (1)   A change in use is made with respect to property that has previously been connected to the city’s sanitary sewer system;
      (2)   No building permit is required to accomplish the change in use; and
      (3)   Under the new use a greater demand will be placed on the sanitary system than was placed on this system by the previous user (as determined by City Engineer according to Appendix C of this code of ordinances), then no occupancy permit may be issued for such use until the applicant has purchased required permits as determined by City Engineer in accordance with §§ 18-105 and 18-109 of this chapter.
(2011 Code, § 18-147) (Ord. 21-14, passed 11-15-2021)
Editor’s note:
   Appendix C may be found at the end of this municipal code of ordinances.