§ 36-366. Sanitary sewer system.

All subdivision shall be provided with a sewage disposal system approved by the state department of health.

(1)

Connection with sanitary sewer system required; exception. Connection with the sanitary sewer system shall be required except where the planning and zoning commission determines that such connection would require unreasonable expenditure of funds when compared with other methods of sewage disposal. Where septic tanks are installed, the subdivider shall conduct percolation tests under the supervision of the building official:

a.

In order to determine the adequacy of proposed lot sizes;

b.

The plans for such system must be approved by the state health department prior to approval of the final plat by the planning and zoning commission.

(2)

Subdivider to provide sewer service to each lot. The subdivider shall install all sanitary sewer mains and lines to each lot. If the public system is not within 1,200 feet of the subdivision, those portions of the system which lie under paved areas shall be installed and capped off and temporary waste treatment will be provided in accordance with the requirement of state and county health officials.

(3)

Subdivider to submit certificate. The subdivider shall submit a certificate to the city council of the city, certifying that the sewer system has been approved by the state health department, the county health officer and the city.

(4)

Sewer location. Where the location of the sewer is not clearly defined by dimensions on the drawings, the sewer shall not be closer horizontally than ten feet, or vertically six feet to a water supply main or service line. Gravity sewer lines passing over water lines shall be constructed for a distance of ten feet each side of crossing with cast iron pipe with no joints within three feet of crossing or encased in concrete in accordance with regulations of the state department of health.

(5)

Materials. Sewer lines may be of the following materials:

a.

Vitrified clay pipe and fittings conforming to ASTM C-T61060T, class II (standard strength); extra strength where required by the building official.

b.

Plastic or other type pipe as approved in writing by the building official.

c.

Cast iron.

(6)

Construction. Sewers shall be constructed according to the city standard specifications as to trenching, bedding, backfill and compaction.

(7)

Piping size. Six-inch diameter pipe shall be the minimum acceptable for sewer mains and lines.

(8)

Manholes. Manholes shall be spaced not more than 400 feet apart and shall be constructed in accordance with the city standard specifications.

(9)

Force mains. Force mains shall be cast iron or asbestos-cement pipe and fittings, pressure class. Pipe shall have either mechanical joints or rubber gasket joints, approved by the building official.

(10)

Oversize mains.

a.

Size of mains. All wastewater mains shall be installed in accordance with the master water and sewer plan as adopted and amended from time to time by the city. All mains shall be sized to provide adequate service to the tract to be developed. The cost of water mains up to eight inches, or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer.

b.

Oversize on-site mains. Where it is determined that an on-site main needs to be of a larger size than that required to serve the tract to be developed, the city may require the developer to install such oversized main. For mains up to 16 inches the developer shall be reimbursed the incremental cost difference from over sizing from the oversize account described in subsection (10)d of this section. For oversized mains in excess of 16 inches, the developer will be reimbursed for the incremental cost difference required for over sizing from the oversize account approved for capital improvement projects, or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.

c.

Oversize approach mains. Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the city may require the developer to install such oversized main. Subject to review by the planning and zoning commission and approval by the city council, the city may reimburse the developer for the incremental cost difference required for the over sizing of approach mains. Upon council approval, the reimbursement for approach mains will be paid out of the oversize account described in subsection (10)d of this section, from funds approved for capital improvement projects, through reimbursement contracts or any combination thereof. The manner of reimbursement shall be solely at the council's discretion. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.

d.

Oversize account. A special oversize account is hereby established for the purpose of reimbursing developers for the cost of over sizing wastewater mains. The account shall be funded by a fee based on the number of living unit equivalents (LUE) fee to be added to the wastewater system. The LUE fee will be assessed to all developers regardless of whether or not they are required to install an oversized line. In the event a developer is required to install oversized lines, the LUE fee for that particular plat shall be due prior to acceptance by the council of the utilities for maintenance. In the event a developer is not required to install oversized lines, the LUE fee for that particular plat shall be due prior to official recordation of the plat in the county clerk's office. In the event a plat is not required, the LUE fee is due when an application is made for a building permit. Interest income earned from this account shall be added to the account.

e.

Reimbursement. To be reimbursed, a developer shall present in writing to the director of public works, a statement of oversize credit proposed. This statement shall be presented no later than the end of the normal working day, eight days prior to the regular city council meeting, at which time acceptance of the respective oversize line is considered. The reimbursement for the cost of over sizing will be paid from available funds within ten working days after the utilities are accepted by the city for maintenance and developers shall be reimbursed according to the order in which the utility lines are so accepted. In the event that sufficient funds are not available, interest will accrue at a rate established by the council. In the event at the same council meeting, the respective developers shall share proportionally in the available funds. Provided, however, that no reimbursement shall be paid to any developer who is delinquent in the payment to the city of any fees or taxes.

f.

Oversize credit. In the event that there are sufficient funds in the oversize account to meet all previous commitments, a developer may be entitled to a credit against the LUE fee. Provided, however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the LUE fee by an amount equal to the reimbursement to which he will be entitled upon utility acceptance. In the event that the utility system has not been completed and accepted by the city within three years from the date of plat approval, the LUE fee shall be immediately due and payable.

g.

Determining LUE fee, reimbursement rate and interest rate. Each February, or more frequently if necessary, the city council shall review and approve the LUE fee, a fixed rate of reimbursement per inch of diameter per linear foot of oversized mains installed, and the rate of interest to be paid. The fees, reimbursement rate and interest rate which are on file in the city secretary's office.

h.

Agreement by city to construct wastewater mains.

1.

Subject to direct authorization and approval of the city council, the city may enter into an agreement whereby the city will construct wastewater mains required for proposed development if the council determines that the following conditions have been met:

(i)

The wastewater main as proposed is in accordance with the master water and sewer plan;

(ii)

One or more of the landowners who will benefit from the wastewater main agree to share the cost of the construction by paying in advance their project LUE fees as estimated by the city engineer; and

(iii)

The city has adequate funds available either from funds approved for capital improvement projects or from other sources.

2.

Any such advanced payments shall not be deposited in the oversize account, but shall be deposited in a special fund set aside for the construction of the specific main in question. The advanced payments shall be based on the projected number of LUEs to be placed on the particular tract as determined by the city engineer from information supplied by the landowner. At the time a plat is approved for a tract for which advance payments have been made, the developer shall be entitled to a credit for each LUE fee previously paid. If at plat approval time, the number of actual LUEs exceed the number as previously estimated, the landowners will either be denied a certificate of serviceability or be required to pay additional LUE fees at the then current rate. In the event that the number of LUEs is less than the number previously estimated, the landowner shall not be entitled to a refund.

(Code 1990, ch. 8, § 6(K))