ORDINANCE 08-127
AN ORDINANCE CREATING CHAPTER 7, WITHIN TITLE 18 OF THE LAKELAND MUNICIPAL CODE THAT ESTABLISHES NEW REGULATIONS GOVERNING
THE DISBURSEMENT OF SEWER DEVELOPMENT FEES FOR OVERSIZING OF WASTEWATER COLLECTION SYSTEMS.


Be It Ordained by the Board of Commissioners of the City of Lakeland, Tennessee

Section 1:

Chapter 7 is hereby added to Title 18 of the Lakeland, Tennessee Municipal Code.

CHAPTER 7

WASTEWATER COLLECTION SYSTEM OVERSIZING ALLOWANCES

SECTION
18-701. Purpose and Scope.
18-702. Definitions.
18-703. Oversizing Requirements.
18-704. Oversizing Reimbursement and Recapture Provisions.
18-705. Exemptions.
18-706. Appeals.
18-707. Severability.

18-701. Purpose and Scope.

(1) The city has the authority to enact this chapter pursuant to State Statutes.
(2) The purpose of this chapter is to provide developers over-sizing reimbursements for the over-sizing of wastewater collection systems.
(3) This chapter shall apply to all city-owned or controlled wastewater collection facilities and systems within the city limits of Lakeland.
(4) This chapter does not apply to other governmental entities or agencies that own, operate, and maintain their own wastewater collection systems.
(5) This chapter does not apply to privately-owned wastewater collection systems connected to the city systems.

18-702. Definitions. The following definitions shall apply in the interpretation of this chapter:

(1) “City” means the governing body of the City of Lakeland, Tennessee
(2) “Developer” means any individual, person, subdivision, or other legal entity that must construct and/or extend wastewater collection facilities for system or project improvements.
(3) “City manager” means the city manager or his/her appointed designee.
(4) “Master plans” means the currently adopted Wastewater Collection System Master Plan, and the Comprehensive Land Use Plan developed for the city which may indicate the size and conceptual location of wastewater collection mains in order to service future expansion of the city.



(5) “Over-sizing reimbursement” means payment to a developer for the over-sizing costs of wastewater collection systems above the size required to serve the proposed and potential development.
(6) “Oversized wastewater collection mains” means generally wastewater collection mains over ten inches in diameter and are required by the adjacent land use, master plan or system improvements.
(7) “Project improvements” means wastewater facilities that are planned and designed to provide service for a particular development project, and are necessary for the use and convenience for the occupants or users for such project, and are not considered system improvements to be considered for over-sizing reimbursement by the city as otherwise provided herein. The character of the improvements shall control the determination of whether an improvement is a project improvement or a system improvement, and a physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or system improvement. If an improvement or facility provides, or will provide, more than incidental service or facilities to persons other than the user occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement.
(8) “System improvements” means capital improvements that are wastewater facility improvements which are designed to provide service to the community-at-large in contrast to project improvements for a particular development.

18-703. Over-sizing Requirements. The over-sizing of wastewater collection systems shall be based upon the city’s master plans. However, the city reserves the right to specify sizes and locations of all sewer mains, including those not otherwise delineated by the master plans.

(1) All developers shall develop and plan for wastewater collection systems in accordance with the requirements of the city, and for the sizing and location of such system improvements.
(2) The developer, at its sole expense, shall furnish and install all wastewater collection systems in the project. The city shall compensate the developer for over-sizing of wastewater collection systems as provided herein.
(a) The city, in requiring the over-sizing of wastewater collection systems, may consider the following:
(i.) The developer shall provide a wastewater collection system analysis performed by an engineer in accordance with design requirements established by the Tennessee Department of Environment and Conservation and the city. The wastewater system hydraulic analysis shall be approved by the City Engineer to be acceptable for serving the

developer’s project and all surrounding lands also owned by the developer and/or other partnerships or corporations in which the developer has an interest.
(ii) Whether over-sizing corrects wastewater collection not identified in the appropriate master plan.
(iii) Whether over-sizing corrects wastewater collection system deficiencies identified in the appropriate master plan or as identified by the city.
(iv) Whether the project promotes infill or extension of oversized wastewater collection systems located within or adjacent to the city limits.
(v) Wastewater collection system deficiencies shall be determined solely by the city.

(3) A developer shall, as solely determined and directed by the city, install oversized wastewater collection mains, when sizing may not necessarily be in concurrence with the master plans adopted by the city.

18-704. Over-sizing Reimbursement and Recapture Provisions.
(1) An over-sizing reimbursement shall be available to the developer for over-sizing wastewater collection systems as required by the city to be installed in a project or development. Over-sizing reimbursement provisions shall be contained in a Development Contract with the developer.
(2) The developer shall be solely responsible for all wastewater collection systems sized to service the developer’s project and any surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An over-sizing reimbursement may only be allowed for the size as required by the city over the size reasonably required by the project and any surrounding land also owned by the developer, and/or other partnerships or corporations in which the developer has an interest.
(3) The over-sizing reimbursement shall be calculated and based upon twice the difference of the reasonable cost of materials, as specified below, for the sizing, as required by the city, of the sewer pipe for the wastewater collection system over and above the cost of the same materials for such wastewater collection system otherwise reasonably sized for the project and all the surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An engineer of the developer shall supply a list of associated material costs and all over-sizing quantities required for the project to the city. These over-sizing quantities must be certified by the City engineer to be correct to his/her best belief and knowledge.
(4) The over-sizing reimbursement shall be determined by the city, based on material costs prevailing at the time of the execution of the Development Contract.

(5) An over-sizing reimbursement shall not be paid to the developer until the project or development is fully accepted by the city for ownership, operation, and maintenance. A developer shall apply to the city through the city engineer’s office for all over-sizing reimbursements within one hundred eighty days of the date the developer is notified by the city of the commencement of one year warranty period for the wastewater collection system oversized pursuant to this chapter or otherwise be forever barred from applying for or collecting from the city any such over-sizing reimbursement.
(6) If sufficient funds are not available from the city sewer fund to finance the cost for over-sizing reimbursement, the payment of the reimbursement will be postponed, interest free, until such time as appropriate funds are available.
(7) If at any time in the future should a developer connect onto a sewer line previously provided an over-sizing allowance, the City shall be entitled to recapture a portion of the over-sizing allowance based on the percentage unused hydraulic capacity of the oversized sewer main. The amount of recapture shall be as determined by the procedures outlined in the fee schedule.
The recapture amount shall be provided to the City of Lakeland upon execution of the Development Contract for that particular development. If no Development Contract exists, the fees shall be paid prior to connecting up to the sewer.

18-705. Exemptions.
(1) The following shall be exempted from this chapter and over-sizing requirements and over-sizing reimbursement:

(a) Privately-owned and other governmental entities/agency-owned, operated and maintained wastewater collection systems connected to the city systems will be exempt from this chapter and are not eligible for over-sizing reimbursements as otherwise provided by this chapter. Only wastewater collection mains to be accepted by the city for public ownership and maintenance will be eligible for an over-sizing reimbursement.

18-706. Appeals.
(1) Any developer directly aggrieved by a decision of the city with respect to the determination of the amount or methodology in calculation of an over-sizing reimbursement may appeal their cause to the Board of Appeals.
(2) An appeal notice which states the grounds and reasons for the appeal shall be made in writing to the Board of Appeals within twenty days of the date the developer is notified of the amount and calculation of an over-sizing reimbursement. The Board of Appeals is to preside at and make a record of such appeal.



18-707. Severability.

(1) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof of this chapter.

First Reading: November 06, 2008.
Public Hearing: November 24, 2008.
Final Reading: December 04, 2008.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder