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HomeMy WebLinkAboutS-73-11, Amend 9-196, 9-200, 9-207, DELETE 9-205ORDINANCE NO. S -73 -11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 SECTION 9 -1.96, 9 -200, 9 -207 AND DELETING SECTION 9 -205 OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel, Indiana has determined that a provision for adjusted interceptor and trunk sewer connection fees would be in the best interest of the City of Carmel; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: Section I: Chapter 9, Article 4, of the Carmel City Code is hereby amended to read as follows: ARTICLE 4. INTERCEPTOR AND TRUNK SEWER CONNECTIONS. Sect 9 -196 Availability Costs. (a) No connection to any City owned trunk sanitary sewer shall be allowed until a permit is obtained and payment, or satisfactory surety for payment as a contribution to aid in construction has been made into the City of Carmel "Interceptor Improvement and Betterment Fund," which is a depository for such contributions and designated funds. These contributions shall be regarded as a benefit as defined by the Board of Public Works and Safety. This is a benefit cost intended to provide funds for sewage collection and improvements projects by the City of Carmel or owners of real estate and provide owners of real estate such protection as is afforded by the provisions of statutes of the State of Indiana for sanitary sewerage facilities constructed by said owners of real estate under contact with the City. (b) These costs, designated as "availability costs" shall be fixed by the City of Carmel as hereinafter provided. Such "availability costs" shall be and are hereby established in the sum of $1365 per acre of ground to be served and shall be from time to time updated and fixed by the City of Carmel. (c) Project costs, in all cases, shall expressly include construction costs, legal costs, engineering costs, construction inspection costs, project administrative costs, and easement acquisition costs as shall be administered and defined by the Board of Public Works and Safety for the City of Carmel. Easements in each case, as may be required by the Board of Public Works and Safety, must be obtained by the owner of real estate prior to designing the project. Projects which shall be funded 1 SPONSOR: Councilor Snyder (d) The "availability costs" of $1365 per acre will be allocated to and paid into the project costs of the specific interceptor extension (off -site interceptor and on -site oversizing) for which it is paid. If the entire "availability cost" is not needed for the specific interceptor extension, the excess, if any, will remain in the fund. (e) The application- owners of real estate applying for sewerage extensions shall make payments to the City Wastewater Utility or provide surety for such a payment in accordance with costs set forth, by platted sections before they are signed per Ordinance Z -289, as amended, and recorded. However, in no event, shall any subdivision or final plats be signed per Ordinance Z -289, as amended, and recorded until satisfactory proof of surety of full payment is on file with the Department of Community Development. (f) Sec. 9-198 Exclusion. from the Interceptor Improvement and Betterment Fund shall include new trunk and interceptor sewers, improvements to existing trunk or interceptor sewers and such sewage collection improvements projects as determined by the Board of Public Works and Safety for the City of Carmel. Trunk sewerage extension projects, shall be developed by the City of Carmel and designed by competent engineers retained or approved by said City of Carmel. Plans and specifications for specific trunk sewerage extensions, and for all local, lateral, and sub -trunk sewers, shall be submitted to, and receive approval from the said City of Carmel and all applicable regulatory agencies prior to actual start of construction. Sec. 9 -197 Additional Funds Contributed. The above "availability costs" shall be strictly non refundable. If by prior agreement, in order to extend the trunk sewerage system, additional funds are necessary to extend the sewer to the owners of real estate, such additional funds, advanced or contributed by said owners of real estate for the extensions and /or oversizing to meet the requirements of the City of Carmel, are refundable, without interest. However, such refunds may be made only from funds deposited at a future date by owners of real estate benefited under such terms and conditions as the City shall, from time to time, se forth. In no event will any of the City sewage revenues by used, committed, or encumbered to repay any such funds advanced or contributed. It is expressly declared that such repayment, if any, will be made under the provisions of and will be repaid only from funds deposited in the "interceptor Fund" on the basis of first in, first out. No provision of this Ordinance shall be construed as a guarantee by the City of Carmel that the owners of real estate advancing funds will be fully reimbursed therefore. Acreage used for the determination of "availability contributions or costs" shall include the total property area except areas designated in and approved plans such as cemeteries, golf courses, and flood prone areas, which may, at the discretion of the Board of Public 2 Works and Safety, be excluded. Any real estate owner of the above designed areas may file with the Board of Public Works and Safety a request to exclude acreage as set forth above, in the determination of the "availability contributions or costs' for the affected property. Sec 9 -199 Oversizing. Refunding costs for oversizing to meeting City specification shall be made only for the portion of the oversizing which lies within the real estate owners' development as requested in writing by the Board of Public Works and Safety. In the event the "availability costs' does not provide sufficient funds to extend and /or oversize the trunk sewer, as needed, no such sewer extension into the development, or oversizing, will be considered by the Board of Public Works and Safety unless the owners of real estate desire to advance and pay the excess costs of the project. In the event oversizing of sewerage lift stations and other applicable appurtenance and /or oversizing and extensions of trunk sewers constructed within their development of owners of real estate are necessary to deliver sewage from other areas to the trunk sewer, or from one trunk to another, such oversizing and /or extension costs may be deemed to be part of the trunk sewer costs and not part of the on -site local sewer cost, and as such, would be considered for refund under provisions of Section 9 -197. Sec 9 -200 Individual Connection Inside and Outside of City. Where an individual connection is sought for acreage or developed areas inside our outside the corporate limits of the City of Carmel, the following sewer users, listed by type of occupancy, shall pay a Connection Charge based on an "average user" factor (1). The average or "equivalent" user connection cost for a single family residence is hereby initially fixed and established at One Thousand Six Hundred Dollars ($1,600). The units listed below will presently pay for a connection cost based on the multiplication of the listed decimal times One Thousand Six Hundred Dollars ($1,600). The equivalent user cost of One Thousand Six Hundred Dollars ($1,600) as well as the connection costs listed below may, from time to time, be updated and changed by the City. Funds collected, less inspection costs, shall be deposited into the City of Carmel "Plant Expansion and Improvement Fund Funds collected shall be used for the expansion and improvements of non conveyance facilities. 3 Sec. 9 -201 Connection Charges Type of Establishment Residences and condominiums Apartments and town houses Apartments and town houses Apartments and town houses Barber Shop Bars Cocktail Lounges Beauty Shops Bowling Alley Car Washes Churches Dentist Office Drive -In Restaurant Drive -In Theaters Retail Space W /Fountain Service, Add: Institutions other than Hospitals Launderette Mobile Home Park Motels /Hotels Offices Physicians Offices Restaurant Rooming Houses Service Stations Swimming Pools Non single residential Theater AVERAGE USER FACTORS Per Unit Equivalent 1.00 /Single Family Residence 0.54/ each —1 bedroom unit 0..81 /each 2 bedroom unit 1.00 /each Over 3 bedroom 0.30 /Chair 0.10 /Seat 0.90 /Chair 0.40 /Alley 0.008 /interior sq. ft. 0.008 /Sanctuary Seat 0.25/ Chair 0.401 Car space 0.101 Car space 1.0/per 1000 sq. ft. 0.10 /Seat 0.50 /Bed 2.0 /Machine 0.70 /Unit 0.50 /Room 0.50 /per 1000 sq. ft. 0.60 /Examining Room 0.10 /Seat 0.30 /Renter 0.70 /Island 1.6011000 sq. ft. 0.10 /Seat Connection of users not listed or of unique character will be negotiated with the Board of Public Works and Safety. For the purposes of reviewing the unit contribution, the usage of a single family residence will be considered as 9,000 gallons per month. Users listed above shall also be billed a monthly rate in accordance with current sewer use charges. Offsite Trunk Sewerage. All plans for trunk sewerage and appurtenances thereto, to be installed outside the area being developed by the applicant (i.e. off -site sewers) to be constructed by the applicant, shall be designed and prepared by engineers retained or approved by the City of Carmel. All easements shall be made out to the City of Cannel and shall be obtained by and, if 4 necessary, paid for by the owners of real estate, and shall be obtained prior to engineering design of the project. Easements shall be in a form approved by the City. The owners of real estate applying for trunk sewer service shall deposit, with the City of Carmel, adequate funds to pay for appurtenant non construction costs prior to the City proceeding with preparation of plans and specifications. If the project does not proceed to completion after projected costs are established, monies so deposited by the owners of real estate shall be non- refundable and will be used to pay incurred expenses. If funds are in excess of expanses, the excess will be returned to the owners of real estate making the deposit or their successors. If the project progresses to completion, the deposit will be credit to the total project cost. Sec. 9 -202 Ownership of System. All extension to the city of Carmel sewerage systems must be accepted by the City before connection, and once connected, shall become and remain thereafter the sole property of the City of Carmel without further dedication thereof. Owners of real estate shall agree and furnish affidavit that they have paid in full the contractor or contractors, material, men, and laborers in cash the full cost of said extension or extensions. Sec. 9 -203 Inspection Costs and Approval of On -Site Sewers. The owners of real estate obtaining a permit for sewerage extensions shall submit plans for on -site sewers, including trunk sewers to be constructed within the development, to the City of Carmel for review and approval prior to start of construction. The plans shall conform to the City's sewer master plan where applicable. Deviations form the sewer master plan may be allowed by the City when approved in writing. During construction of said on -site sewers, the owners of real estate shall pay the expense of an inspector to assure that the construction of the facilities are in compliance with current standards and specifications established by the City of Carmel. Upon completion of construction, the owners of real estate shall provide certified record construction drawings to the City. If certified record construction drawings are not provided, as above required, the City may prepare these at the expense of the said owners of real estate. No potential reimbursable expenses for oversizing and /or off-site interceptor construction will be allowed until record drawings are provided and approved. They City will provide the inspector or may approve, in writing, some person designated by the owners of real estate. In any case, the owners of real estate will pay the cost thereof to the City of Carmel who, in turn, will pay the inspector. Sec. 9 -204 Individual Connections in Developed Areas. If individual applicants for sewerage service in already developed acreage and /or platted subdivisions wish to be served requiring construction of a new trunk sewer or local sewers, they shall obtain a permit and deposit adequate funds, with the City, to pay 5 engineering and appurtenant costs prior to authorization of such design by the City and receipt of bids for construction. If the project does not proceed to completion after project costs are established, the money so deposited by individual applicants shall be non- refundable and will be used to pay incurred expenses. If monies are in excess of expenses, said expenses will be returned to the individual making the deposit. If the project is completed, the deposits of individual applicants shall be credited to said individuals' costs as outlined in Section 9 -205, hereinafter set forth. If a connection is made to any trunk or local sewer without obtaining a permit and paying the required "availability connection and local sewer costs,' such act shall constitute a violation of this Ordinance, and the individual or owners of real estate making such connection was unlawfully installed, and will be required to remove the connection until the requirements of the Ordinance are complied with. Each day such unlawful connection exists may be considered a separate offence. Sec. 9 -206 Interceptor Costs Defined. INTERCEPTOR OR TRUNK SEWER COSTS, as used in this Article shall be defined as follows: Sewer costs external to a development will be classed as interceptor costs. Sewer costs within a development required to service it will be classed as local sewer costs. Oversizing costs as outlined in Section 9 -199 will be considered interceptor costs and shall quality for refunding. Sec. 9 -207 Allocation of Receipts. The Availability Costs provided in Section 9 -196 and Section 9 -205 shall be collected by the City Wastewater Utility and deposited as follows: (a) To Sewer Availability- Interceptors Fund; The individual connection charges provided in Section 9 -200 shall be collected by the City Utility and deposited as follows: (b) To operating funds for inspection costs: $102.00 (c) To sewer Connections Plant Fund: Remainder minus such costs as may be obligated to repay costs incurred for the interim improvements to the North Treatment Plant. (d) Or as may be directed by the City through its Board of Public Works and Safety payment may be credited against such obligations as are due. The Local Sewer Costs provided in Sector 9 -205 shall be collected by the City of Carmel and deposited in separate projects accounts established for each project. 6 Sec. 9 -208 "Owner of Real Estate" Defined. Sec. 9 -209 Annexation Remonstrance Restriction. Sec. 9 -210 Technical Definitions. Section II: Owners of real estate, as used herein, shall mean an individual, firm, company, partnership, cooperation, governmental units, or charitable and other non-profit organization holding legal title to real estate. All persons or corporations, their or its survivors, heirs, or assigns who shall connect to any sewer main built pursuant to this Chapter shall agree in writing prior to said connection, to waive their or its rights to remonstrate against annexation by the City of Carmel. Some of the terms as used herein shall be defined as follows: (a) TRUNK SEWER. A sewer that receives any tributary branches and serves a large territory. (b) INTERCEPTOR SEWER. A sewer which receives dry weather flow from a number of transverse sewers and conducts such waters to a point for treatment or disposal. All prior ordinances, resolutions, or parts thereof inconsistent with any provision of this ordinance are hereby repealed. Section III: This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ADOPTED by the Common Council of the City of Carmel, Indiana this aD day of ,A/9 o a 2012, by a vote of '7 ayes and D nays. 7 Presi in. O ficer Richard L. Sharp, re dent Pro Tempore ATT COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, Clerk- asurer ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Kevin Rider Ca of Schleif W. Eric Seid nsticker Presented by me to the Mayor of the City of Carmel, Indiana this eV day of re. LLGut\ 2012, at to'. k.M. Appr.ved by me, Mayor of the City of Cannel, Indiana, this day of G U0°' 2012, at /O /17M. ,e Mayor Diana L. Cordray, IAMC, Clerk -Tr surer This Ordinance was prepared by John Duffy, Utility Director, 760 Third Avenue SW, Cannel, IN 46032. 8