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Table of Contents
Sec 201.02. Connection to the water system required.
Sec 201.03. Connection to the sewer system required.
Sec 201.04. Sewer connections require County water.
Sec 201.05. Exceptions to connections.
Sec 201.06. Connection may be made by County.
Sec 201.07. Equivalent residential units.
Sec 201.08. Rates and charges.
Sec 201.10. Extension of water distribution and sewer services within
developments.
Sec 201.11. Extension of water distribution and sewer services to developments.
Sec 201.12. Existing agreements.
Sec 201.13. Unlawful connection.
Sec 201.14. Unlawful construction.
Sec 201.15. Connecting to existing plumbing.
Sec 201.16. Maintenance of plumbing system.
Sec 201.17. Payments of fees and bills required.
Sec 201.18. Collection of sewer fees.
Sec 201.19. Failure to maintain plumbing system.
Sec 201.21. Separate connection for each separate unit.
Sec 201.22. Responsibility for payment of water/sewer fees; lien for unpaid
bills..
Sec 201.23. Water charges on new construction accounts.
Sec 201.24. Discontinuance of service for non-payment, fee for restoring
services, penalty for Tampering with
water meter, checks with insufficient funds.
Sec 201.25. Permit required to draw water from
fire hydrants.
Sec 201.26. Prohibition against damaging equipment.
Sec 201.27. Required installation of back flow prevention
devices.
Sec 201.28. Power and authority of inspectors.
Sec 201.29. Discharge of water in sewers.
Sec 201.30. Prohibiting discharge of specified waste
and water into County sewage system.
Sec.201.31. Water
shortage conditions.
Sec 201.32. Wells and lawn sprinkler systems.
Sec 201.33. Areas in which ordinance to be effective.
Sec 201.34. Penalties and enforcement.
Sec 201.35. Repeal of conflicting provisions.
Sec 201.36. Incorporation in Code.
Part II. Regulation of Franchises
Sec 201.52. Utilities required to connect to
County utility systems.
Sec 201.54. - 201.60. Reserved.
Part III. Pretreatment Regulations
Sec 201.61. Adopted by reference.
Part
I. In General
For the purpose of this Chapter, the following
terms shall have the meanings set forth thereafter. When not
inconsistent with the context, words used in the present tense
include the future, words in the plural number include the
singular number, and words in the plural number include the
singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory
and not merely directory:
A. County is
B. Department is the Department of Utility
Services of Indian River County.
C. Person is any person, firm,
partnership, association, corporation, company or organization
of any kind
D. Water is water from the County water
supply system. Reclaimed water is water as specifically
provided for under Chapter 202 of the
E. Base Facilities Charge is the charge imposed by
the County for each equivalent residential unit that represents
a portion of the cost to the County of having the system available
to serve that equivalent residential unit without regard to
volume used.
F. Capacity Charge is the fee charged to real
property owners to fund the capital cost incurred by the water
and wastewater utility to provide capacity to serve new utility
customers.
G. Equivalent Residential Unit
(ERU) Is
the amount of water used or wastewater produced by a typical
residential unit, which water use ranges from zero (0) to
three hundred (300) gallons per day on a maximum day basis
or zero (0) to two hundred fifty (250) gallons per day on
a maximum month basis. For Manufactured Home Communities (MHC)
or Department-qualified, Multi-family Designation (grouped
units without exterior water usage, generally master-metered)
a factor of 0.85 will be applied to purchased residential ERU’s.
F. Combination accounts are accounts that contain
both residential and commercial facilities served, through
a common meter may be treated as either residential or nonresidential,
using whichever method of computation results in a larger
number of equivalent residential units.
(Ord. No 91-9, 3-12-91)
Section
201.02. Connection with water system required
The owner of every lot or parcel or land within
the County shall connect, or cause the plumbing of any building,
mobile home, or trailer thereon to be connected, with the
water system of the County, or franchised private utility
system upon the approval of the Department, and use such facilities
within sixty (60) days following notification to do so by
the Department. All such connections shall be made in accordance
with the rules and regulations which shall be adopted from
time to time by the County. No connection of existing structures
will be required to be made unless capacity if available.
(Ord. No 91-9, 3-12-91)
Section
201.03. Connection with sewer system required.
The owner of each lot or parcel of land within
the County shall cause the plumbing of any building, mobile
home, or trailer thereon to be connected with the public sewer
facilities of the sewer system of the County or franchised
private utility upon approval of the Department, and use such
facilities within sixty (60) days following notification to
do so by the Department. All such connections shall be made
in accordance with the rules and regulations which shall be
adopted from time to time by the County. No connection of
existing structures will be required to be made unless capacity
is available.
(Ord. No. 91-9 3-12-91)
Section
201.04. Sewer Connections require County water.
No County sewer service shall be provided without
County water service where water service is available except
as determined by the Department. If either service is not
available, the customer shall install a meter approved by
the County on any private potable water supply, and the County
shall use the meter reading for purposes of calculating sewer
charges.
Section 201.05. Exceptions to Connections.
This section shall
not be construed to require or entitle any person to cross
the private property of another to make any such sewer or
water connections.
(Ord. No. 91-9, 3-12-91)
Section 201.06. Connections may be made by the County.
If any owner of any
lot or parcel of land within the County shall fail and refuse
to connect with and use the facilities of the water and sewer
system of the County after notification by the Department.
As provided herein, then the Department, shall be authorized
to make such connections, entering on or upon any such lot
or parcel of land for the purpose of making such connections.. The base facilities charge of the County shall thereupon be
entitled to recover the cost of making such connection, together
with accrued base facilities charges, capacity charge, interest
and attorneys fees, by suit in any court of competent jurisdiction.
In addition, and as
an alternative means of collecting such costs or making such
connections, the County shall have a lien on such lot or parcel
of land for such cost, which lien shall be of equal dignity
with the lien of state and County and municipal taxes. Such
lien may be foreclosed by the County in the same manner provided
by the laws of
(Ord. No. 91-9, 2-12-91)
Section 201.07. Equivalent residential units
Each water and sewer
customer’s Capacity charge and base facility charge shall
be established on the basis of the number of equivalent residential
units (ERU’S) of service required by each customer.
The following chart
shows the basis for calculating each customer’s minimum number
of ERU’s.
In case where a customer’s
property use extends to more than one category listed below,
the number of ERU’s shall be calculated as the sum of the
number of ERU’s. Where the calculated number of ERU’s is a
fraction, the calculated number shall be rounded up to the
next highest whole number to calculate the number of assigned
ERU’s.
Quick View
Unit Designations
1. Single-family Designation. A category of dwelling unit including multiplex, modular
and prefabricated, on individually owned lots. Per unit (1)
2. Private dwelling with rented
rooms or boardinghouse (1), each additional room available
for rent over three (1)
3. Multifamily Designation. A category of grouped dwelling units, generally
master-metered, in which the owner’s or tenant’s personal
property use privilege is limited to interior areas only;
and ownership, cost and use of common areas is shared with
other owners and/or tenants; and individual units have no
exterior water usage. Per
unit…(0.85)
4. Hotel/Motel. Any building
or groups of buildings containing sleeping room accommodations
for guests, and providing the services generally provided
the services generally provided by a hotel or motel and recognized
as a hotel or motel in the community in which it is situated,
or by the industry, and offering daily or weekly rates, with
a bath or connecting bath for every rental unit, and occupied
only by transient guests. Any such structure offering a combination
of rooms for rent or lease for longer than a month at a time
shall not be considered a hotel or motel, per occupancy unit.
(.2)
5.
6. Townhouse, Villa, and other
named dwellings with personal property use of exterior areas. A category of grouped dwelling units generally
individually metered in which; the owner or tenant has personal
property use of exterior areas contiguous to dwelling interior
areas; and ownership, cost and use of common areas is shared
with other owners and/or tenants; and each individual dwelling
unit has the ability to have exterior water usage. Per unit… (1)
7. Mobile home, trailer. A
structure which is transportable in one or more sections,
which is built on a permanent chassis and which is designed
to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, per living unit.
(1)
8. Manufactured Home Community. A community of dwellings, subject to regulation
by Chapter 723 Florida Statutes, as determined by the Department. Per unit…(.85)
9. School. A private or public
or not for profit institution conducting regular academic
instruction at kindergarten, elementary or secondary levels
Unit Designation (MERU) or conducting training in business
or at the vocational, collegiate, or post graduate levels
or a day care facility providing services to preschool children.
Per each (30) thirty full-time pupils or faculty (1)
Per each sixty part-time pupils and faculty (part-time attendance less
than three and one-half (31/2) hours per day.) (1)
10. Church. An institution that people regularly attend to participate in or hold
religious services, meetings, and other activities. The term "church" shall not carry a secular connotation
and shall include buildings in which the religious services
of any denomination are hold (1) Church with banquet facilities
(2)
11. Club. Buildings or facilities
owned or operated by a corporation, association, or persons
for social, educational or recreational purpose, but not primarily
for profit or to tender a service that is customarily carried
on as a business (1) Club with dining facilities (3)
12. Service station. Any premises
where gasoline and other petroleum products are sold and/or
light maintenance activities such as: engine tune-ups, lubrication,
minor repairs, and carburetor cleaning may be conducted. Service
station shall not include premises where heavy maintenance
activities such as engine tune-ups, lubrication, minor repairs,
and carburetor cleaning may be conducted. Service station
shall not include premises where heavy automobile maintenance
activities such as engine overhauls automobile painting, and body fender work are conducted.
Without repair or maintenance facilities (1)
With repair or maintenance facilities (2)
With car wash per three hundred (300) gallons per day
water use (1)
13. Restaurant. Any establishment
(which is not a drive-in service establishment) where the
principal business is the sale of food, desserts or beverages
to the customer in a ready to consume state and where the
design or principal method of operation includes one or more
of the following:
a. Customers, normally provided
with an individual menu, are served generally in non- disposable
containers by a restaurant employee at the same table or counter
at which said items are consumer.
b. Ice cream parlors and other
small specialty restaurants having floor area exclusively
with a shopping or office center and sharing common parking
facilities with other businesses within the center and expressly
prohibiting freestanding stores having characteristics of
a drive-in restaurant
c. A cafeteria or cafeteria
type operation where foods, desserts or beverages generally
are served in non-disposable containers and consumed within
the restaurants.
d. Self-service restaurants,
where food is generally served in disposable containers, and customers generally do the busing and clean up for themselves
or foods.
e. Customers
purchase food, desserts or beverage for carryout.
One
to fifty (50) seating capacity (1)
Each
additional fifteen (15) seats or portion thereof (1)
14. Tavern. An establishment
serving alcoholic beverages in which the principal business
is the sale of such beverages at retail for consumption on
the premises and where sandwiches and snacks are available
for consumption on the premises.
One
to fifty (50) seating capacity (3)
Each
additional fifteen (15) seats or portion thereof (1)
15. Laundry or dry cleaners.
A business that provides washing, drying, and/or ironing services
or machines for hire to be used by customers on the premises,
per washing machine (1)
16. Supermarket:
One
to three (3) water fixtures (1)
Per
three (3) water fixtures thereafter (1)
17. Commercial business. All
non-residential, non-institutional and industrial establishments,
but not limited to and without regard to whether they are
profit or nonprofit organizations or retail and/or wholesale
establishments; including stores, garages, cleaning establishments,
for-hire services, and all other business required to obtain
occupational licenses.
Per
first two thousand five hundred (2,500) square feet (1)
For
each additional five thousand (5,000) square feet or part
thereof (1)
18. Office building. A building or portion of a building wherein services are performed
involving predominately administrative, professional, or clerical
operations.
For the first three thousand (3,000) square feet (1)
Per each additional three thousand (3,000) square feet
or part thereof (1)
19. Nursing/Convalescent home.
A home institution, building or residence, public or private,
whether operated for profit or not, presently licensed by
the state, which provides maintenance, personal care or nursing
for a period exceeding twenty-four (24) hours to three (3)
or more ill, physically inform, convalescing, or aged persons
who are not related by blood or marriage to the operator.
The definition of nursing or convalescent home does not include
hospitals, clinics or similar institutions, which are devoted
primarily to the diagnosis and treatment of the sick or injured.
Per twenty-bed capacity (1)
For each additional ten (10) staff or segment thereof
(1)
20. Hospital. An establishment
that: (a) offers services more intensive that those required
for room, board, personal services, and general nursing care,
and offers facilities and beds for use beyond twenty four
(24) hours by individuals requiring diagnosis, treatment,
or care for illness, injury, deformity, infirmity, abnormality,
disease, or pregnancy, and (b) regularly makes available at
least clinical laboratory services, diagnostic X-rays services,
and treatment facilities for surgery or obstetrical care,
or other definitive medical treatment of similar extent, per
bed (.5)
21. Warehouse. A building used
exclusively for the storage of goods and materials, per ten
thousand (10,000) square foot gross floor area or part thereof
(1)
22. Industrial and manufacturing
plant. A use reengaged in the basic processing and manufacturing
of material or products predominately from extracted or raw
material including citrus, or a use engaged in storage of,
or manufacturing processes using flammable or explosive materials,
or storage of manufacturing processes that potentially involve
hazardous or commonly recognized offensive conditions or a
use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including
processing, fabrication assembly, treatment, packaging incidental
storage, sales and distribution of such products, but excluding
basic industrial processing, without use of water for processing
per three thousand (3,000) square feet gross area or for five
(5) employees, which ever is greater (1)
23. Industrial and manufacturing
plant using water for processing and/or has discharge to wastewater
system shall be determined on an individual basis using two
hundred fifty (250) gallons per day on a monthly basis for
the calculation of unit (3)
24. Barber shop-hair
dresser:
One to three (3) sinks (1)
Each additional sink (1/3)
25. Separate bathroom facilities.
Bathroom facilities, including toilets and showers, constructed
primarily to serve another structure or structures or activity
not otherwise assigned as if the bathroom facilities were
a part of the structure or activity served (1)
26. Establishments requiring
service for irrigation or fire service will be handled on
an individual basis using two hundred fifty (250) gallons
per day on a monthly basis for the calculation of units. In
any case, where use exceeds two hundred fifty (250) gallons
per day on a monthly basis, units will be increased or flow
will be restricted at the discretion of the Department.
27. In the event that a business
is described in the schedule by general classification but
the particular nature of said business or structure would
result in an inequitable connection charge if the schedule
were used, the Department in its discretion may determine
that a higher or lower number of units shall be used, but
in no case shall a retroactive payment, credit or charge for
a reclassification of use or number of units be due and payable
to the owner or resident, unless the Department, in its sole
discretion, determines that such a credit or charge is required
by equitable consideration.
(Ord. No. 91-9, 3-12-91
Section
201.08. Rates And Charges
A. Billing Charge. A
charge will be applied to each bill issued by the Department
for billing services.
B. Base Facilities Charge
where lines are available. This charge shall apply to
every connected ERU and to each ERU reserved for future use
in a development. This charge will apply until the facility
is permanently disconnected from the system. For developments
that have entered into an agreement with the County for reserving
capacity, the fee shall commence upon the certification by
the Department that County transmission, collections, and
distribution lines are ready for use. For temporary disconnections,
at the time of reconnecting, customers will pay the base facilities
charge for each month the facility has been disconnected.
C. Base Facilities Charge
where capacity is reserved but lines are not available. The
County may charge less than the standard fee until lines are
ready for use.
D. Volume charge. A
charge will be imposed that is directly related to the volume
of water consumed or sewage treated. The volume charge shall
be increased twenty (20) percent after public hearing within
fifteen (15) days in the event that the water management district
declares a water emergency in
E. Excess volume surcharge.
A charge may be made for providing service to any customer
in excess of the level of capacity purchased by the customer
as represented by the number of ERU’s assigned to the customer
and for which the customer purchased capacity through capacity
charges. Such excess volume use may be prohibited by the Department
if additional necessary capacity if not available.
F. Excess sewage strength
charge. All sewage discharged into the sanitary sewer
system which has an average concentration of biochemical oxygen
demand (BOD5) of two hundred fifty (250) milligrams per liter
(mg/1) or greater or an average concentration or suspended
solids of two hundred fifty (250) mg/1 or greater shall be
subject to an excessive strength charge. The amount of the
charge shall be equal to the charges multiplied by the greater
of either of two (2) factors: the amount of the customer’s
average concentration of suspended solids in mg/1 divided
by two hundred fifty (250) minus one. Any customer may sample
its sewage and have it analyzed by an analytical laboratory
approved by the Florida Department of Environmental Protection.
The County may sample and conduct analysis of the sewage produced
by any customer to determine sewage strength. Where such analysis
demonstrates that the customer’s sewage strength exceeds the
standards given above, the customer will be subject to the
excess sewage strength charge and shall reimburse the County
for the cost of such analysis.
G. Excess capital cost charge.
The County may impose a charge on customers of a system where
the water and/or sewer is acquired by the County at a cost
in excess of that for which capacity charges have been paid.
H. Deposits required upon
opening, transferring, reconnecting; refund policy. The
County shall required a deposit for each water and sewer account
opened, transferred to another name, or reconnected to the
system on the number of ERU’s. The deposit will be retained
in an interest bearing account, the interest on which will
be paid to the customer upon refund of the deposit. Upon discontinuance
of service and rendering of final bill, the deposit shall
be refunded less any amount remaining unpaid. In the event
any customer’s service is shut off for non-payment, prior
to reconnection the customer will pay accrued base facilities
charge plus. If at the discretion of the Department it is
necessary to insure payment, a deposit equal to twice the
customer’s average monthly bill in lieu of following the schedule
set forth hereafter. Customers who have not been assessed
late payment fees or been shut off for non-payment for a period
of twenty-four (24) months shall receive a refund of their
deposit; except that deposits of customers who are tenants
or who otherwise rent or lease the structure served by water
or sewer utilities and including all commercial accounts will
be retained until service is discontinued to that customer.
I. Specific service charges to be established
by resolution after public hearing
(1) Water service connection. A water service connection
charge will be imposed when County constructs a water lateral
from customer’s property to the water main in adjacent street.
(2) Sewer service connection. A
sewer service connection charge will be imposed when County
constructs a sewer lateral from customer’s property to main
in street.
(3) Sewer service disconnection. A charge will be imposed when the County disconnects sewer service for
non-payment. The County will charge the customer for all direct
labor, direct materials, direct overhead, fringe benefit factor,
and for the County’s indirect costs, pursuant to a formula
established by the Department.
(4) Meter installation only. A charge, not including the
cost of the meter vault, will be imposed where an existing
available usable service lateral is presently installed.
J.
Miscellaneous service charges.
(1) Reconnection during normal
working hours (8:30 a.m. 4p.m Monday through Friday excluding
holidays) this charge is made upon
initial service connection, change from temporary to permanent
service, reconnection after delinquency shutoff, or for transfer
of service from one location to another, where there was an
existing service.
(2) Reconnection during off-duty
hours. A charge shall be made for service reconnection during other than normal
working hours specified in subsection J. (1).
(3) Meter re-reads and leak
inspection. This charge is for special inspection at request of customers.
If the re-read is a result of an error of the initial meter
reading, this charge will not be assessed to the customer.
The leak inspection charge will be assessed except where leak
occurred in County-owned facilities.
(4) Delinquency charge. County shall charge a delinquency
charge on all outstanding balances including assessments,
fees, charges, and other fees due if payment is not made in
total by each payment deadline date.
(5) General service calls. In all instances where County is requested to respond
to a service call to correct a problem that was not caused
by the County, the County may charge the responsible party
for all direct fringe benefit factors and the County’s indirect
cost rate pursuant to a formula established by the Department.
(6) Meter Test. Upon request of a customer,
the Department shall test a water meter to determine if the
meter is operating within established standards, (ninety-five
(95) to one hundred one and one half (101.5) percent of true.
There shall be a non-refundable service charge if the meter
is found to be operating accurately. If the meter is in error,
i.e., outside the range of ninety-five (95) to one hundred
one and one half (101.5) percent of true, then a billing adjustment
will be made for a period not to exceed the past six (6) months
of actual service. There shall be no charge for testing in
the event the water meter has not been tested within the last
five (5) years. The service charge may be applied against
monies due in the event a meter after testing is found to
be inaccurate with respect to the range established above.
(7) Damage repair. A damage caused by the failure
of a contractor or customer to properly locate and isolate
water and sewer facilities shall be repaired by the County
and charged to the responsible party or in the alternative,
County may hire a contractor to perform the repair work and
charge the responsible party for the repairs. In addition,
the responsible party shall be fined for each such instance
in accordance with provisions of this Chapter.
(8) Line location. Same as general service calls
(9) Engineering services. These fees will be assessed
to defray the cost of processing a developer’s application
for subdivision construction, site plan, reviewing the plans
and inspecting the water and sewer facilities as constructed.
(10 Inspection
fee. County shall charge on the basis of a flat fee established
by the County or time, materials and overhead, whichever is
greater.
(11) Other miscellaneous charges. The County may impose other charges as necessary and appropriate
to recover the costs of providing utility services.
K. Additional costs for complex
connections. The specific service charges adopted by the County are based
on the average historical costs of such services. if in the
event a particular service required by a customer is determined
by the Department to have a cost which greatly exceeds the
average, then such costs of service shall be negotiated between
the Department and the customer and reduced to a written instrument
approved by the customer and the Department.
L. Annual fire protection
charges. These charges are established to defray the cost of providing
extra capacity in the water system and maintaining eater and
fire protection facilities for customers having sprinkler
systems, private fire lanes, etc, and they are designed to
recover a portion of the availability cost and customer cost.
In addition, this cost covers the additional capacity and
expense associated with the line size and hydrants in the
fire district.
(1) Hydrants. The fire district wherein
the water system and hydrants are located shall be the assessed
the charge per hydrant annually, If the hydrant is accessible
by a private entity only, then that entity shall be charged.
(2) Fire systems. Each facility with a fire
protection system shall be charged annually.
M. Annual review of user charges and notice
of rates.
(1) Procedure. There shall be an annual
review of user charges to ensure that adequate revenues are
generated to cover operation, maintenance and placement costs
and that these costs are distributed among users in proportion
of the service provided.
(2) Notice. There shall be an annual
notification of the rates being charges to each user by inclusion
of a notice within a regular bill.
N. Pretreatment fees
(1) Industrial users who are
required to obtain an industrial discharge permit pursuant
to Part III of this Chapter shall pay an initial application
fee of one hundred fifty dollars ($150.00) and an annual fee
of one hundred dollars ($100.00)
(2) Industrial users who are
required to submit monitoring reports pursuant to Part III
of this shall be assessed a late fee of fifty dollars ($50.00)
for each incidence of failure to submit a monitoring report
within sixty (60) days of the designated monitoring date.
(Ord. No. 91-9, 3-12-91; Ord No.
92-35, §1, 9-1-92; Ord. No. 94-23
§ 1, 7-25-94
Section 201.08.1. Fee-in-lieu-of-franchise-fee.
(a) County Department of Utility Services. Effective for all bills issued
after January 1, 1997, there shall be charged by the County
Department of Utility Services, a fee-in-lieu-of-franchise"
fee in the amount of six (6) per cent of the gross revenue
derived from the sale of water and sewer services. This fee
shall be shown as a separate line item on customer bills,
as if the County Department of Utility Services were a private
corporation. The funds, so derived, shall be remitted monthly
by the Department of Utility Services to the County to be
used for any lawful purpose.
(b) City
of
(c) No
franchise fee for separately billed reclaimed water. Notwithstanding any contract,
ordinance, or [policy of the Board to the contrary, the County
shall not charge any franchise fee on the portion of any utility
bill for the cost of reclaimed water usage if the charge for
the reclaimed water usage is shown as a separate line items
on the utility bill. (Ord. O. 93-36,
§1, 12-14-93; Ord. Np.
95-19 § 1, 8-1-95)
Section
201.09. Capacity charges.
A. Capacity charge imposed. A Capacity Charge shall be imposed on each ERU responsible for creating
the need for additional system expansion based on the equitable
portion of the cost of funding the expansion of the County’s
sewer and water systems. The obligation to pay the capacity
charge shall occur when a building permit application is filed.
Any person may elect to pre-pay the capacity charge to reserve
plant capacity.
B. Change in land use. If
a building permit or certificate of occupancy is issued for
an existing customer that results in a change in ERU designation,
the total number of ERU’s for the old and new parts of the
facility will be computed according to the definition of ERU’s
and capacity charges shall be assessed on the difference.
C. Use of proceeds. The proceeds accumulated by reason of the establishment of the capacity
charges may be used for capital expenditures for the expansion
of the County’s water system or wastewater system. The funds
may be used for extending, over sizing, or constructing new
additions to the treatment plant or distribution and/or collection
and interceptor facilities so as to meet the increased demand
which additional connections to the system create.
D. Time payment of capacity charges upon showing of
hardship. The County may allow payment
of the water and/or sewer capacity charges in whole or in
part over a period not to exceed five (5) years at such interest
rate to be determined by the Board. This period may be extended
to ten (10) years if the applicant can successfully demonstrate
to the Department that all other funding sources have been
exhausted and provided the Department does not have a cash
flow problem. A superior lien for any such amount due shall
be executed in recordable form reflecting the payment schedule
and may be filled in the public records of
E. Refund of capacity charges. Any commercial customer whose maximum monthly water use or
sewage flow remains below the amount corresponding to the
number of ERU’s assigned to such customer for a period of
twenty-four (24) months and for which capacity charges have
been paid, may make application to the Department to reduce
the number of ERU’s assigned and seek imbursement of capacity
charges paid, as they are resold by the County. The County
may refund capacity charges actually paid, without interest,
based on the capacity charge schedule in effect at the time
of original payment or at the prevailing rate, whichever is
less, provided the Department has resold such ERU’s since
the capacity charge refund application was made. Subsequent
water use or sewage flow in excess of flows corresponding
to customer’s number of assigned ERU’s will be subject to
the provisions of this Chapter. (Ord.
No. 91-9, 3-12-91; Ord No. 95-18
§ 1, 8-1-95)
Section
201.10 Extension of water and sewer services within developments.
Each developer shall be responsible for the
design, installation, inspection and testing of the complete water distribution and sewage
collection systems located in the street or streets adjoining
or with the boundaries of the developer’s property. The developer
with title to such facilities shall transfer title to the
facilities to the County upon completion of construction,
inspection, and testing and acceptance by the County.
Water distribution and sewage collection systems
shall include all component parts of water distribution system
including values, fittings laterals, hydrants and all appurtenances
as shown upon the approved design of such water distribution
system and all the components of the sewage collection system,
including all collection lines, manholes, force mains, lift
or pumping stations, including the site for same, and all
other appurtenances as shown on the approved design for installation
of such sewage collection systems. The developer shall supply
the County with two (2) sets of as built plans and mylars.
(Ord. No. 91-9 3-12-91)
Section
201.11. Extension of water distribution and sewer services to developments.
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