§ 122-74. Reservation of capacity.

(a)

Each developer, builder or property owner proposing to construct single-familyresidential, multifamily, or commercial and industrial buildings requiring the use of water and/or sewer service shall be required to reserve water and wastewater capacity corresponding to the proposed use of such construction.

(b)

Concurrently with the submission of water and/or sewer subdivision plans, or site plans, the person submitting such plans shall be required to subscribe for that number of equivalent residential units of service equal to the number of single-family, multifamily, residential or commercial ERU's and further corresponding to that number of equivalent residential units required to serve the system proposed to be installed.

(c)

Capacity reservation fees shall be based upon and be equal to the minimum monthly availability charge as set forth in Schedule "A," and shall be paid monthly, commencing on the date stipulated in the developer agreement (as provided in section 122-59) or date of execution by the county of the state department of environmental protection permit. These payments shall continue unabated until all units reserved have been occupied by a customer receiving active water and/or sewer services. As such active customers are connected to the subject system, the number of capacity reservations shall be reduced accordingly; and monthly payments shall continue only for the number of units not then connected. It is the responsibility of the developer, builder or property owner to notify the county in writing of any change in ownership to allow for proper billing of capacity reservation fees. Billing of the subsequent owner will begin the month following property transfer upon timely receipt of transfer notification. The county retains the right to deny approval on future phases or projects for developers who are delinquent in paying capacity reservation fees.

(d)

Commercial and industrial capacity reservation fees shall be determined as provided in this section until such time as the building permit for the particular project or system is issued, at which time charges shall be payable for service availability in accordance with the county's water and sewer service availability charge schedule.

(Res. No. 86-116, § 44, 8-14-86; Ord. No. 01-10, § 32, 4-5-01)