§ 17-110. Deferred assessment of sewer cost.

(a)

Generally. The following procedure is established for deferring costs of trunk, main or lateral sewers to such time or times as an extension of such trunk, main or lateral sewers shall be built and assessed to serve one (1) or more other areas.

(b)

Sewer districts. In making assessments upon property benefited, the water pollution control authority may divide the total territory to be drained by a sewer system into areas and may assess the property benefited in each area separately, those areas receiving the more immediate benefits to be assessed first and the less congested areas at such time or times thereafter as shall be determined by the authority.

(c)

Deferral of costs to other districts. Whenever the water pollution control authority shall determine that the cost of a sewer will exceed the benefit to the area to be sewered immediately and directly, and when such excess cost is due to increased size or depth of such sewer or to other costs which are necessary or incidental in order that such sewer, or the sewer system of which it is a part, may be suitable for extension in the future to serve one (1) or more other areas which could naturally drain into such sewer or sewer system, the authority may elect to pay for such excess cost from the revolving sewer fund and defer the assessment of the excess cost until such time when the benefits shall be more immediate. If the authority shall elect to defer the assessment of costs of outlet benefits, the procedure shall be as determined by the authority, and properties which are located in any district on which outlet costs shall have been deferred shall not be included in newspaper publications or other notices required for the assessment of such sewer, and no special notices shall be sent to the owners of such properties. No caveat or lien shall be placed on the land records against any property located in the area on which outlet costs have been deferred until the construction of any extension of such sewer or sewer system, in the cost of which such deferred costs are to be included as a part of the assessment to be made against such property. Whenever the authority shall determine that the cost of any sewer for which a benefit assessment is to be made shall include a portion of the cost of a sewer previously built which was paid for by the authority from the revolving sewer fund, the authority shall determine the portion of the previously deferred costs of such sewer which will benefit properties served by the sewer being assessed and shall include such proportion of such deferred costs as a part of the cost of the sewer being assessed, subject, however, to the right of remonstrance, hearing and appeal. Whenever a sewer is to be built by developer or owner in any area or district in which costs have been deferred as hereinbefore provided, or whenever said sewer is built in advance of the availability of a sewer outlet, such deferred cost or such share of the cost of the future outlet sewer shall be paid by the developer or owner as determined by the authority.

(d)

Sewers in rear lands or certain trunk sewers. Whenever a sewer is laid out and assessed by the water pollution control authority through undeveloped rear lands, or whenever a trunk sewer must be laid out and built through a street in which local sewer service may be rendered by said trunk sewer but in which, in the opinion of the authority there is no immediate need of local sewer service, and whenever the authority determines that at the time of completion of the sewer there would not be sufficient immediate benefit accruing to the lands, and that such benefits will not substantially accrue until there is a change in conditions of need, accessibility, in zoning restrictions, or in use, or in other conditions, the authority may defer the assessment and the collection of the same until the growth and development of the area warrants, or until use is made of the sewer by abutting property.

(e)

Cemetery land. Whenever a sewer is laid out and assessed by the water pollution control authority through or adjacent to land held for cemetery purposes or in a highway abutting such land and whenever the water pollution control authority determines that at the time of completion of said sewer there would not be immediate benefit accurring to said land and that such benefits will not accrue until there is change in conditions or use, the authority may defer the collection and assessment of the same.

(f)

Connections in deferred assessment areas. When an assessment for a sewer on any land has been deferred as provided in subsections (d) and (e) of this section connections from such land to the sewer shall not be permitted until:

(1)

The water pollution control authority has determined that the conditions have altered due to change in accessibility, zoning, use or the establishment or dedication of streets or to the approval of subdivisions by a local planning body, or in some other manner sufficient for normal benefit to accrue to the land or any part thereof, and the authority has declared that the assessment on such is due and payable and given proper notice thereof; or

(2)

A sanitary sewer connection charge has been paid by or for the owners of land which is to be served by the connection, which payment shall be in lieu of, and in amount equal to, the assessment on such land.

(g)

Collection of deferred assessments. When an assessment is declared due and payable, it shall be collectible in the same manner and in the same amount as if it had been due and payable at the time of completion of the sewer.

(h)

Amount of connection charge, deferred assessments. The amount of sanitary sewer connection charge to be paid in lieu of assessment shall be in amount equal to the final assessment rate of the original final assessment, applied to the frontage, or acreage, or unit, as the case may be, of the land, or such part of such land as, in the opinion of the water pollution control authority is benefited at the time of connection.

(i)

Caveats and liens; deferred assessments. To notify an owner or prospective buyer of land upon which there is an assessment for a sewer laid, but deferred as provided herein, a caveat shall be filed within thirty (30) days of the date upon which the assessment is levied, and the benefits, though deferred, shall be a lien upon the land on account of which they were assessed which lien shall commence and attach to such land from the time of which the assessment is levied, but the same shall not remain a lien thereon for a longer period than three (3) months from the date of last publication of notice that the benefits assessed therefor, but deferred, are then due and payable, unless a certificate of lien is delivered for record.

(j)

Nature of caveats. Such caveats shall indicate the nature and amount of the deferred assessment, that land so assessed, and the provisions for future payment, whether by later declaration by the water pollution control authority that assessments are due and payable, or by payment of a connection charge, in which case the caveat and lien will be released on such land or portion of which as payment in lieu of assessment has been made.

(k)

Connections to sewers, built by developers. Whenever a sewer has not been assessed by the water pollution control authority, but has been built for the authority under a developer's permit-agreement passing land owned by others, which others might later request a house connection to the sewer, no connection shall be permitted by the authority unless the other owner first submits satisfactory written proof to the authority that he has paid the developer a normal and equitable share of the sewer construction costs, or the other owner first signs a form of agreement waiving the authority's usual sewer assessment procedures and pays a sanitary sewer connection charge, or the authority has passed an assessment covering the section in question.

(l)

Reimbursement to developers. The water pollution control authority is empowered, at its discretion, to include in agreements with developers or others for the construction of sewers by and at the expense of such developers or owners provisions for reimbursement of the developers or owners from sanitary sewer connection charges collected, as provided herein, for the cost of sewers constructed by them in sections of highways on which lands owned by them do not abut, such reimbursements not to exceed the cost of construction within such sections of highways, and limiting the time within which such reimbursements may occur to such time as the authority may deem expedient for the particular case, but no reimbursement shall be made after ten (10) years from the date of incorporation of the particular sewer into the public system. Expiration of the time for reimbursement to the developer shall not release subsequent permittees from paying a connection charge to the authority.

(m)

Connections to property not previously assessed. Whenever a sewer has been laid out and constructed by the water pollution control authority to serve a particular section of highway or a particular area, no connection will be permitted thereto for any property which has not been assessed therefor, or has not shared in an equitable manner in the expense thereof, unless prior to such connection, the owner of such property first enters into a special agreement, to be recorded in the land records and providing for advance payment by the owner of a sanitary sewer connection charge, and providing that the permission granted will not affect the power of the authority to make future benefit assessments therefor, against the property of the owner, in the same manner as if the permission to connect has never been granted by the authority, and agreeing to credit the connection charge payment toward any such future assessment with allowance of interest between the date of payment of the charge and the date of any future final assessment billed the owner.

(Ord. No. 216, §§ 10.01—10.15, 4-8-74)