§ 15.36.030. Letters of availability.

A.

The director is authorized to issue letters of availability to any person seeking to determine whether sewage capacity is available for any parcel of property. If the director determines that sewerage improvements are necessary before sewage capacity will be available for any parcel of property, the director is authorized to issue a letter of availability conditioned upon the person requesting the letter complying with all the conditions contained therein. All requests for letters of availability must contain adequate information on the proposed use of the parcel of property to permit the director to estimate the sewage flow from the property, and the letter of availability shall identify the maximum sewage flow for the parcel of property. The director may issue more than one letter of availability for any parcel of property.

B.

The letter of availability shall constitute a commitment that the amount of flow identified therein shall be available for the parcel of property identified therein subject to any conditions contained therein for the time period stated therein.

C.

Letters of availability may be renewed prior to their expiration by submitting a request for renewal to the director.

D.

Any person requesting a letter of availability from the director shall pay a fifty-dollar nonrefundable review fee at the time the request for a letter of availability is submitted to the director.

E.

Whenever the director finds that the actual peak sewage flows as determined by the director plus any previously committed sewage flows do not exceed seventy percent of the capacity of the sewerage system, from the point of connection of a parcel of property to the point of discharge from a wastewater treatment plant, or that the ultimate development of the drainage basin in which a parcel of property is located will not exceed the capacity of the above described sewerage system, the director may issue a letter of availability or renew a previously issued letter of availability, which will be effective for one year from the date of issuance or renewal, without collecting prior to the issuance of the letter of availability any portion of the capacity charge imposed by Section 15.36.040.

F.

Whenever the director finds that the actual peak sewage flow, as determined by the director plus, any previously committed sewage flows, equals or exceeds seventy percent of the capacity of the sewage system from the point of connection of a parcel of property to the point of discharge from a wastewater treatment plant, the director may issue a letter of availability or renew a previously issued letter of availability which will be effective from the date of issuance or renewal for the period set forth below only upon the receipt of the percentage of the capacity charge imposed by Section 15.36.040 as set forth below:

Period of Commitment	Percentage of Capacity Charge
One year	30%
Two years	55%
Three years	100%

 

G.

Provided, however, no commitment for more than fifty percent of the remaining available capacity of the sewerage system as described in subsections E and F for any period of time shall be made by the director unless one hundred percent of the capacity charge imposed by Section 15.36.040 is paid prior to the issuance of a letter of availability.

H.

Any capacity charge paid pursuant to subsection G is applicable only to the parcel(s) of property identified in the letter of availability. Any capacity charge paid by the owner of a parcel of property may be transferred with the property whenever the property is sold to a new owner. No refund of any capacity charge collected pursuant to subsection G shall be permitted unless the connection of the parcel of property pursuant to a unexpired letter of availability or renewal thereof is not permitted because of any restriction on sewer connections subsequently imposed upon the department of water and sewer service. Any capacity charge paid by the person pursuant to the preceding subsections shall be applied toward the total capacity charge imposed pursuant to Section 15.36.040 if the person paying said capacity charge or his/her successor in interest obtains a permit to connect the parcel(s) of property identified in the letter of availability to the sewerage system prior to the expiration of the letter of availability or any renewal thereof.

(Ord. 90-1383 § 1, 1990; prior code § 40-1-102.2)