§ 47-335. Transfers of reserved wastewater capacity.

(a)

A wastewater capacity reservation may be transferred, in whole or in part, to another proposed development in the same service area. Any person desiring to transfer a wastewater capacity reservation must file with the director a written application for transfer and, if the transfer is approved, must pay the prescribed transfer fee. Upon receipt of a transfer application, the director shall determine whether the wastewater facilities in which capacity has been reserved are available to serve the proposed development to which the wastewater capacity reservation is to be transferred. If he determines the wastewater facilities are available, he shall so notify the applicant and, upon receipt of the transfer fee, approve the transfer. If he determines that the wastewater facilities are not available, he shall notify the applicant in writing.

(b)

An existing customer of the system may transfer the wastewater capacity which has been allocated to that customer's connection in the same manner as a transfer of a wastewater capacity reservation if the customer:

(1)

Removes any physical connection between his building or premises and the system; and

(2)

Pays, in addition to the transfer fee, a sum equal to the capital recovery charge for issuance of a wastewater capacity reservation for the amount of wastewater capacity to be transferred.

(c)

Whenever a transfer of wastewater capacity within a restricted service area reduces the amount of wastewater capacity available to the tract, lot or subdivision from which it is transferred to an amount less than the standard base level, the director shall, immediately upon approval of the transfer, file in the real property records of the county in which that tract, lot or subdivision is located a notice that all or a portion of the standard base level of wastewater capacity has been transferred and that service from the system at a level above the untransferred amount will not be available until such time as existing service area restrictions are removed or modified.

(d)

Wastewater capacity reserved by district reservation may be transferred in whole or in part to other properties of the same owner in the annexed area, provided (i) the conditions in subsection (a) are met, (ii) the transfer is made within three years of abolition of the annexed conservation and reclamation district, (iii) the properties receiving the transfer have district reservations independent of the transfer and (iv) the application for a transfer is submitted with the request for the director's written verification of the validity of the district reservations for both the transferring and receiving properties. No transfers may be made for wastewater capacity reserved by district reservations subsequent to the director's verification of the validity of the district reservation for the properties.

(e)

Wastewater capacity reserved by temporary reservations, contractual reservations, restricted wastewater capacity reservations, or reservations specially conditioned pursuant to section 47-332(b)(2) of this Code cannot be transferred to another property. In addition, wastewater capacity reservations for low and moderate cost housing under subsection 47-319(2), for which no impact fee has been paid, cannot be transferred to another property.

(Code 1968, § 49-735; Ord. No. 83-650, § 1, 5-3-83; Ord. No. 88-646, § 2, 4-27-88; Ord. No. 97-442, § 2, 4-23-97; Ord. No. 97-910, § 1, 7-23-97)