§ 1050.09 EXTENSIONS TO SERVE NEW DEVELOPMENTS.
   (a)   Water system/sewer system extensions as needed to serve new residential/commercial/institutional development shall be initiated and financed by the developer/owner. Should the developer/owner be able to demonstrate a special need, the developer/owner may be permitted by Council to apply for assistance in accordance with the terms of § 1050.07 and subsections (d), (e) and (f) hereof. Such extensions shall generally follow the sequence of plan approvals required by the City’s Zoning Code, Subdivision Regulations or other applicable planning regulations. The General Plan, the Land Use Plan, the Site Plan or the Utilities Plan submitted by a developer for city approval shall include provision of water and sewer facilities that meet the requirements of the Subdivision Regulations and § 1050.06.
   (b)   When the subdivision of property or the filing of a site plan is not required, the developer/owner should consult with the Public Service Department regarding necessary extensions. In such cases, plans and specifications prepared by a registered professional engineer must be submitted to the Public Service Department for approval. Water system/sewer system extensions as needed to serve new residential/commercial/institutional development shall be initiated and financed by the developer/owner.
   (c)   When the city deems that the utilities need to be oversized to accommodate future development, the city will pay the cost difference for the oversizing. Valid oversizing reimbursement costs shall include the cost of materials and increases in construction costs associated with the oversizing, such as excavation.
   (d)   Where water and sewer service is not available, the city has the option to assess such portion of the cost of such improvement upon abutting, contiguous, adjacent or otherwise specifically benefitted lands in an amount and in the manner permitted under the Ohio Revised Code. When possible, the assessment shall not extend beyond ten years.
   (e)   Where water and sewer service is not available within 1,000 feet of the property to be developed, and upon approval of Council, the city may participate with the developer/owner on sewer system and water system main extensions for a development with the developer/owner by permitting the developer/owner to enter into a mortgage agreement with the city, the mortgage to be secured by a lien upon the land benefitted by the extension. The amount due shall be subject to an interest rate established by Council, and full payment of the amount due under the agreement shall be made within ten years or less. Upon request by the city, the developer/owner must provide all financial information, including, but not limited to, property ownership, purchase options, partnerships, financing, property appraisals and business development plans or prospectuses.
   (f)   Where water and sewer service is not available within 1,000 feet of the property to be developed, and upon approval of Council, the city may establish uniform procedures for the imposition, calculation, collection, expenditure and administration of sewer and water extension cost recovery fees imposed on land and land development and on sewer and water connections, and, as appropriate, on building permits as set forth in and pursuant to Chapter 1052. When possible, full payment of cost recovery extension fees due pursuant to Chapter 1052 will be due within ten years or less.
   (g)   The total cost of trunk and treatment facilities will be funded wholly by the city from water and sewer funds; however, in the event a trunk main serves the function of both a trunk and distribution/collector main (such as water service connections made to a trunk main), then the city’s participation in the funding of the facility shall be limited to the difference in cost between the trunk main installed and the cost of an adequate distribution/collector main.
   (h)   Should the city undertake a major roadway extension or construction project through land that is develop able, then the city may include in the construction of the project the installation of water and sewer mains, subject to approval by Council. Costs associated with the installation of such water and sewer mains may be recovered as provided under subsections (d), (e) and (f) hereof.
(Ord. 98-81, passed 11-24-1998)