§ 47-332. Issuance of wastewater capacity reservations.  


Latest version.
  • (a)

    Upon receipt of a completed application and the prescribed fee, the director shall determine whether the proposed development meets the requirements for issuance of a wastewater capacity reservation. In order for a proposed development to qualify for issuance of a wastewater capacity reservation the director must determine that there is sufficient unused and unreserved capacity in available wastewater facilities to meet the utility service requirements of the proposed development or that such capacity will be available before the proposed development will require it, that the proposed development will comply with applicable state and federal laws and regulations (including specifically regulations which restrict certain types of development in areas near the city's airports), written city policies which apply to city utility service and city ordinances, that utility service at the level required by the proposed development would not be in excess of any existing restrictions imposed under authority of section 47-333, and that any proposed private wastewater facilities are capable of providing safe and effective utility service.

    If, upon completion of the determination, the director concludes that the proposed development meets all the requirements for issuance of a wastewater capacity reservation, he shall then calculate the capital recovery charge for the proposed development and issue a wastewater capacity reservation to the applicant conditioned upon payment of those charges within six months of the date of issuance. If, upon completion of the determination, the director concludes that the proposed development does not meet one or more of the requirements for issuance of a wastewater capacity reservation, then the director shall prepare and deliver to the applicant a denial notice which shall describe the results of the determination and specifically detail the reasons for the denial.

    (b)

    Provided, however, that the director may issue a wastewater capacity reservation subject to special conditions for an application not otherwise acceptable under subsection (a) as follows:

    (1)

    The reservation is expressly conditioned upon the occurrence of some future event if the director determines that after the occurrence of that event the proposed development would be qualified for issuance of a wastewater capacity reservation. Events upon the occurrence of which a wastewater capacity reservation may be conditioned include, without limitation, the completion and acceptance of an accelerated project in which the property owner is a subscriber, the construction of a sewer main extension, or the construction of private wastewater facilities.

    (2)

    The director determines that the wastewater capacity reservation is necessary for the immediate development or redevelopment of property, but will not overload the city's sanitary sewer system. A wastewater capacity reservation issued under this paragraph shall be subject to express conditions required by the director to assure that the proposed development requiring the wastewater capacity reservation is constructed within the time schedule specified by the director.

    (c)

    Notwithstanding the other provisions of this section, the director shall issue a wastewater capacity reservation whenever the director determines that:

    (1)

    A particular proposed development would qualify for issuance of a wastewater capacity reservation, if one or more of the wastewater facilities available to serve the proposed development were not already fully reserved.

    (2)

    All of the fully reserved wastewater facilities available to serve the proposed development are consistently operating at a level below their design and legally permitted capacities.

    (3)

    The proposed development is to be composed solely of one or more residential structures which would require utility service from the system at a level equal to or below the standard base level.

    (4)

    The property owner has not obtained a wastewater capacity reservation under this subsection (c) during the preceding 12 months.

    A wastewater capacity reservation issued under authority of this subsection (c) can not be transferred to another lot, tract or subdivision and can not be used for any proposed development other than that for which it is issued.

(Code 1968, § 49-732; Ord. No. 83-650, § 1, 5-3-83; Ord. No. 84-1673, § 6, 10-24-84; Ord. No. 88-646, § 1, 4-27-88)