CHAPTER 15 SANITARY SEWERS 85

Transcription

1 CHAPTER 15 SANITARY SEWERS 85 Article 15-1 DEFINITIONS Approved Laboratory Procedures Average Daily Flow Average Quality B.O.D. (Biochemical Oxygen Demand) Branch Sewer Building Connection or Sewer Tap Building Official Building Sewer C.O.D. (Chemical Oxygen Demand) Combined Sewer Cooling Water (1) Cost Daily Composite Sample Daily Composite Sample Quality Daily Determination of Concentration Developer Discharge Establishment, Plant Garbage Grab Sample Grab Sample Quality Inflow Interference Lateral Sewer (1) Line Payback Charge Main Sewer Maintenance Natural Outlet Normal Sewage ph Producer Properly Shredded Garbage Public Sewer Replacement Sanitary Sewer Sewage Sewage Treatment Plant Sewage Works Sewer Sewer Tap Significant User Standards Methods i

2 Storm Sewer or Storm Drain Suspended Solids (SS) System Design Capacity Total Organic Carbon (TOC) Town Treatment Parameter Trunk Sewer User Watercourse Article 15-2 SANITARY SEWERS; DESIGN, CONSTRUCTION, INSPECTION AND USAGE Design, Construction and Inspection Connection to Public Sewer Connection to Private Sewage System Ownership of Public Sewer Lines and Related Equipment Permits Required Public Sewer Extensions in New Subdivisions Approval of Public Sewer Extension Record of Building Connections Property Owner Responsible for Cleaning, Repair and Replacement of Building Sewers and Connections Application for Building Connection Authority of Town Engineer: Establish Prohibited Substances Preliminary Treatment; Required Approval Preliminary Treatment; Maintenance of Facilities Interceptors: Required Interceptors; Type; Capacity; Location Interceptors; Construction of Grease and Oil Interceptors Interceptors; Maintenance Discharges To Be Reported Sanitary Sewer; Outside of Town Appeals Use of Effluent Article 15-3 WASTEWATER DEVELOPMENT FEES Title Legislative Intent and Purpose Definitions Applicability; Repeal of Previous Ordinances Authority for Development Fees Installation of Local Improvements by Developers Administration of Development Fees 15-ii

3 Land Use Assumptions Infrastructure Improvements Plan Adoption and Modification Procedures Five-year Validity of the Infrastructure Improvements Plan and the Land Use Assumptions Collection of Development Fees Development Fee Credits and Credit Agreements Development Agreements Connection Fees for Water/Wastewater Services Outside Town Boundaries Appeals Refunds of Development Fees Oversight of Development Fee Program Approval of Water System Construction Article 15-4 USER FEES User Fees for use of Sewer Lines Connecting to the City of Scottsdale Sewer System User Fees for Use of Sewer Lines Connecting to the City of Phoenix Sewer System Charges and Fees a Lien on Property Reduction of User Fee Delinquent Fees; Lien Article 15-5 SEWER EXTENSIONS AND REIMBURSEMENT AGREEMENTS Policy for Sewer Extension Plan Preparation Extension Requirements Reimbursement Agreements; Contents; Term; Accounts for Assignability of Agreements Line Payback Charge or Written Approval as a Requirement for Extension Town Extension Basic Requirement Oversizing Dedication of Right-of-Way Payment Article 15-6 VIOLATIONS AND PENALTIES Violations Unlawful and Prohibited Acts 15-iii

4 CHAPTER 15 SANITARY SEWERS 85 Article 15-1 DEFINITIONS Approved Laboratory Procedures Average Daily Flow Average Quality B.O.D. (Biochemical Oxygen Demand) Branch Sewer Building Connection or Sewer Tap Building Official Building Sewer C.O.D. (Chemical Oxygen Demand) Combined Sewer Cooling Water (1) Cost Daily Composite Sample Daily Composite Sample Quality Daily Determination of Concentration Developer Discharge Establishment, Plant Garbage Grab Sample Grab Sample Quality Inflow Interference Lateral Sewer (1) Line Payback Charge Main Sewer Maintenance Natural Outlet Normal Sewage ph Producer Properly Shredded Garbage Public Sewer Replacement Sanitary Sewer Sewage Sewage Treatment Plant Sewage Works Sewer Sewer Tap Significant User 1

5 Standards Methods Storm Sewer or Storm Drain Suspended Solids (SS) System Design Capacity Total Organic Carbon (TOC) Town Treatment Parameter Trunk Sewer User Watercourse In this chapter, unless the context otherwise requires, the following definitions shall apply: Section Approved Laboratory Procedures The measurements, tests and analysis of the characteristics of water and wastes in accordance with analytical procedures determined acceptable by Federal Guidelines as established in Title 40, Code of Federal Regulations, Part 136, or as approved by the Regional Administrator, U.S. Environmental Protection Agency. Section Average Daily Flow Average Quality The arithmetic average (weighed by flow value) of all the "daily determinations of concentration", as that term is defined herein, made during a calendar month. Section B.O.D. (Biochemical Oxygen Demand) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty degrees (20 ) centigrade, reported in milligrams per litre. Section Branch Sewer An arbitrary term for a sewer which receives sewage from lateral sewers from a relatively small area. 15-2

6 Section Building Connection or Sewer Tap The connection to the public sewer and the extension therefrom of the sewer to the property line in an alley or street, or to the easement line in an easement, whichever is applicable, depending on the location of the public sewer. Section Building Official The Director of Building Inspection, or his authorized representative. Section Building Sewer The extension from the building drain to the building connection or other place of disposal. Section C.O.D. (Chemical Oxygen Demand) The quantity of oxygen consumed from a chemical oxidation of inorganic (and organic matter present in the wastewater, expressed in milligrams per litre. Section Combined Sewer A sewer receiving both surface runoff and sewage. Section Cooling Water The clean wastewater discharged from any heat transfer system such as condensation, air conditioning, cooling or refrigeration. Section (1) Cost 141 Shall include the actual expenses incurred for: 1. Construction of the facilities as determined by the construction contract price. 2. Five percent administrative charge paid to the Town by the developer/owner. 3. Inspection and permit fees paid to the Town. 15-3

7 4. Engineering fees required for the preparation of plans and specifications. Section Daily Composite Sample A sample of effluent continuously collected over a normal operating day. Section Daily Composite Sample Quality The concentration of some parameter tested in a "daily composite sample", as that term is defined herein, and reported proportional to flow. Section Daily Determination of Concentration For composite samples, "daily determination of concentration" shall be the same as "daily composite sample quality", as that term is defined herein. For grab samples, the "daily determination of concentration" shall be the arithmetic average (weighted by flow value) of all "grab sample qualities", as that term is defined herein, determined for any calendar day. Section Developer Any person engaged in the organizing and financing of a sewage collecting system contributing to a branch, main, or trunk sewer of the Town sewer system. Such may be any entity which is responsible for creating a demand on the Town's sewer system. Section Discharge The disposal of sewage, water, or any liquid from any sewer user into the sewerage system. Section Establishment, Plant Any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the Town sewer system. 15-4

8 Section Garbage Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce. Section Grab Sample An individual sample of effluent collected in less than fifteen (15) minutes. Section Grab Sample Quality The concentration of some parameter tested in a grab sample, as that term is defined herein. Section Inflow Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Section Interference Any inhibition or disruption of the sewage works, treatment processes or operations which contributes to a violation of any requirement of a National Pollutant Discharge Elimination System permit pursuant to Section 307(b) and (c) of the Federal Water Pollution Control Act as amended by the Clean Water Act of Section Lateral Sewer A sewer which discharges into a branch or other sewer and has no other common sewer tributary to it. Section (1) Line Payback Charge 141 The amount of money a developer or owner must pay to the Town for his share of previously installed sewer mains benefiting his parcel. 15-5

9 Section Main Sewer A sewer which receives sewage from one or more branch sewers as tributaries. Section Maintenance Keeping the treatment works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which said works were designed and constructed. Section Natural Outlet Any outlet into a watercourse, ditch, or any body of surface or groundwater. Section Normal Sewage Sewage or wastewater that (a) has a five (5) day biochemical oxygen demand less than 300 milligrams per litre by weight; (b) contains less than 350 milligrams per litre by weight of suspended solids, and (c) does not contain a nonpermissible quantity of the type waters and wastes described in Section Section ph The logarithm of the reciprocal of the weight of hydrogen ions in grams per litre of solution. Section Producer Any person, firm association, corporation, or trust which owns, operates possesses, or controls an establishment or plant, whether or not an industrial wastewater discharge permitee. Section Properly Shredded Garbage Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-fourth (¼") inch in any dimension. 15-6

10 Section Public Sewer A lateral, branch, main, or trunk sewer controlled and maintained by the Town of Paradise Valley. Section Replacement Those expenditures made for obtaining and installing equipment, accessories, and/or appurtenances during the useful life of the treatment works, which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed. Section Sanitary Sewer A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted. Section Sewage A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. Section Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage. Section Sewage Works All facilities for collecting, pumping, treating and disposing of sewage. Section Sewer A pipe or conduit for carrying sewage. Section Sewer Tap See "Building Connection." 15-7

11 Section Significant User An industrial user who contributes greater than ten (10%) percent of the design flows or designs pollutant loading of the treatment works. Section Standard Methods The procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. Environmental Protection Agency. Section Storm Sewer or Storm Drain A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. Section Suspended Solids (SS) Solids measured in milligrams per litre that either float on the surface of or are in suspension in water, wastewater, or other liquids and which are largely removable by a laboratory filtration device, as defined in the "Standard Methods" as defined herein. Section System Design Capacity The design capacity for normal domestic wastewater as established by accepted engineering standards. Section Total Organic Carbon (TOC) The total of all organic compounds expressed in milligrams per litre as determined by the combustion infrared method prescribed by approved laboratory procedures. Section Town Town of Paradise Valley. 15-8

12 Section Treatment Parameter A fundamental characteristic of sewage around which treatment is designed, such as, but not limited to, flow, B.O.D. suspended solids, and phosphorus. Section Trunk Sewer A sewer which receives sewage from many tributary main sewers and serves as an outlet for a large territory. Section User Any person, lot, parcel of land, building, premises, municipal corporation, or other political subdivision that discharges, causes, or permits the discharge of wastewater into the Town sewerage system. Section Watercourse A channel in which a flow of water occurs, either continuously or intermittently. 15-9

13 Article 15-2 SANITARY SEWERS; DESIGN, CONSTRUCTION, INSPECTION AND USAGE Design, Construction and Inspection Connection to Public Sewer Connection to Private Sewage System Ownership of Public Sewer Lines and Related Equipment Permits Required Public Sewer Extensions in New Subdivisions Approval of Public Sewer Extension Record of Building Connections Property Owner Responsible for Cleaning, Repair and Replacement of Building Sewers and Connections Application for Building Connection Authority of Town Engineer: Establish Prohibited Substances Preliminary Treatment; Required Approval Preliminary Treatment; Maintenance of Facilities Interceptors: Required Interceptors; Type; Capacity; Location Interceptors; Construction of Grease and Oil Interceptors Interceptors; Maintenance Discharges To Be Reported Sanitary Sewer; Outside of Town Appeals Use of Effluent Section Design, Construction and Inspection A. The Town shall approve the design, issue permits, and conduct inspections of sewer facilities that are to be connected to the existing sanitary sewer system. B. The design and construction of all sanitary sewers under the jurisdiction of the Town must conform to the standard sewer design and construction specifications as identified in the Maricopa Association of Governments Specifications, Standard Details, and the Arizona State Health Services Bulletin No. 11. C. All sewers to be attached directly or indirectly to a Town Sewer shall be inspected by personnel of the Town during construction. At least forty-eight (48) hours prior to cutting into the Town sewer, the Town shall be notified. In making a connection to a Town sewer, no physical alteration of the Town's facilities shall commence until an inspector is present. No wastewater shall be discharged into any sewage facility tributary to a Town facility prior to obtaining inspections and approval of sewage construction by the Town

14 D. Following satisfactory completion of construction, the Town will issue a construction inspection certificate upon request. Section Connection to Public Sewer 478 When a public sanitary sewer with existing capacity is available, the building sewer may be connected to a public sanitary sewer subject to compliance with all requirements of the Town of Paradise Valley. Section Connection to Private Sewage System Where a public sanitary sewer is not available within the Town, or in any area under the jurisdiction of the Town, the building sewer shall be connected to a private sewage disposal system complying with all laws and regulations of the State of Arizona, the County of Maricopa and the Town. Such private sewage disposal system shall be constructed, maintained, and operated at all times in a sanitary manner. Construction, alterations and maintenance shall be performed in conformance with the County Health Code and other applicable regulations and only after obtaining a permit. Section Ownership of Public Sewer Lines and Related Equipment The ownership of all public sewer lines, pumping stations, treatment facilities, and equipment and other appurtenances to the sewer system maintained, or accepted for maintenance, by the Town shall be vested in the Town and in no case shall the owner of any premises have the right to claim any part except where otherwise provided in this Chapter. Section Permits Required A. No person, corporation or firm shall dig up or cause to be dug up, any street or alley or right-of-way under the jurisdiction of the Town for the purpose of connecting with the sewer system of the Town without first obtaining a permit from the Town Engineer, nor shall any such person having a permit dig up any portion of a street, alley or right-of-way under the jurisdiction of the Town for the purpose of connecting with the sewer system of the Town, and fail or neglect to restore the street or alley or right-of-way to its original condition. B. No person, corporation or firm shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a permit from the Town Engineer

15 Section Public Sewer Extensions in New Subdivisions In new subdivisions where public sewer extensions are authorized by the Town Engineer and constructed at the subdivider's expense, the Town Engineer may authorize the subdivider or his agent, to install building connections with wyes and connect the building sewers to the building connection under the following provisions: 1. The construction of the public sewer, building connections, and connections of the building sewers to the building connection shall be under the supervision of a registered civil engineer holding registration in the State, who shall submit "as built plans" bearing the registered civil engineer's registration number and seal, to the Town Engineer. The registered civil engineer employed by the subdivider shall require that all building connections, serving lots in the subdivision upon which no buildings are constructed, be effectively sealed until such time as buildings are to be constructed on the lots left vacant. Such sealed connections shall be inspected and approved by the Town Engineer before being backfilled and shall be designated as the "as built plans". The effective seal shall consist of a vitrified clay stopper, inserted in the bell of the sewer extending to the property line in the alley or to the curb line in the street from the public sewer. The stopper shall be permanently flagged by attaching one end of a length of copper wire to the stopper and the other to a broken piece of clay pipe, which shall be placed under the soil surface directly over the end of sewer pipe. 2. Before any sewer construction is commenced, permits shall be obtained by the subdivider or his agent, from the Town Engineer. 3. When the "as built plans" are submitted to the Town, the Town Engineer shall make a record of the building construction. Section Approval of Public Sewer Extension No public sewer extensions shall be made until the plans and specifications are approved by the Town Engineer. Section Record of Building Connections The Town shall keep or cause to be kept, a record of all building connections which are made, the purpose for which they are to be used, together with the name of the owner or occupier or user or their agents or representatives

16 Section Property Owner Responsible for Cleaning, Repair and Replacement of Building Sewers and Connections 690 A. The property owner shall be responsible for the cleaning, unstopping, maintenance and repair of the building, house sewer, sewer tap, lateral line, conveyance lines, lift pumps, septic tanks, alternate wastewater treatment system, or connection piping serving his property from his home or building to the public sewer main. Whenever the damage requires off-property excavation, the property owner shall obtain a right-of-way or encroachment permit to work in the public right-of-way B. When the repairs to a sewer connection are required under a sidewalk, curb or gutter, the sidewalk, curb or gutter shall be square cut to avoid unnecessary damage. After completion, the excavation shall be backfilled and compacted to grade and repaired to the most current standards set by the Town of Paradise Valley Public Works Department. C. If the location of the sewer problem is determined to be in the Town s main line, the Town will initiate the appropriate repair action. Section Application for Building Connection Each person making application for a building connection shall present a valid plumbing permit issued by the Town Building Official, or his authorized representative, to the Town Engineer as a prerequisite for the approval of the required building connection. All applications for building connections to be constructed by the Public Works Department shall be accompanied by the current fee for such work. Section Authority of Town Engineer: Establish Permissible Limits, Approve Waste Discharges, Impose Charges A. The Town Engineer shall have the authority to regulate the volume and flow rate of discharge to the sewage works, and to establish permissible limits of concentration for various specific substances, materials, waters, or wastes that can be accepted into the sewage works, and to specify those substances, materials, waters, or wastes that are prohibited from entering the sewage works. B. The Town Engineer shall review and approve the admission into the public sewers of any water or wastes having: 1. A five (5) day biochemical oxygen demand greater than 300 milligrams per liter by weight; or 2. Containing more than 350 milligrams per litre by weight suspended solids; or 15-13

17 3. Containing any quantity of substance having the characteristics described in Section ; or 4. Having an average daily flow of greater than 2% of the average daily flow in the Town. C. The Town Engineer shall impose charges on any user of the Town's sewage works who discharges wastes having a strength greater than normal sewage or containing nonpermissible quantities or prohibited substances into the public sewer system. The charges so imposed shall be based on the extra costs incurred by the Town in surveillance, sampling, and testing of the discharges, for additional operating and maintenance expenses, or for any other action required to identify, handle, process, or supplement normal activities due to the unauthorized discharge of excessive strength or unusual character wastes, plus overhead charges. Failure by a user so charged to pay the charges and to provide such corrective measures as may be required to prevent further unauthorized discharges, after due notice by the Town and being given a reasonable time to comply, shall be sufficient cause to discontinue sewer service to the premises. Section Prohibited Substances A. No person shall discharge or cause to be discharged, any new sources of inflow, including, but not limited to, storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process waters into any sanitary sewer. B. Except as provided in this Chapter, no person shall discharge or cause to be discharged, any of the following described waters into any public sewer: 1. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150 ) Fahrenheit. 2. Any water or waste which may contain more than one hundred (100) parts per million by weight of fat, oil or grease. 3. Any gasoline, benzene, naphtha, fuel, or other flammable or explosive liquid, solid or gas. 4. Any garbage that has not been properly shredded. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, grits such as brick, cement, onyx, carbide, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of sewage works

18 6. Any waters or wastes having a ph lower than five (5) or higher than nine and one-half (9½) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. 7. Any waters or wastes containing a toxic, radioactive, or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or create any hazard in the receiving waters of the sewage treatment plant. 8. Any water or wastes containing dissolved or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. 9. Any noxious or malodorous gas or substance capable of creating a public nuisance. 10. Any pollutant releases, (including demanding pollutants i.e. B.O.D., etc.) in a discharge of such volume or strength as to cause interference in the sewage works. Section Preliminary Treatment; Required Approval Whenever objectionable and prohibited substances exist in the characteristics of a user's wastewater, the owner shall provide at his expense, such preliminary treatment as may be necessary to, 1. Reduce the B.O.D. to 300 mg/1 and the suspended solids to 350 mg/1 by weight; or 2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in Sections and ; or 3. Control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information shall be submitted for the approval of the Town Engineer. No construction of such facilities shall be commenced until the Engineer's approval is obtained in writing. The completed facilities shall not be placed in service until they have been inspected for conformance to the approved plans and the final construction approved by the Town Engineer. The Town will enforce Federal pretreatment requirements as set forth in Title 40, Code of Federal Regulations, Part

19 Section Preliminary Treatment; Maintenance of Facilities Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Section Interceptors; Required Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Engineer, they are necessary for the proper handling of liquid wastes containing grease or oil in excessive amounts or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. Section Interceptors; Type; Capacity; Location All interceptors shall be of a type and capacity approved by the Town Engineer and shall be located as to be readily and easily accessible for cleaning and inspection. Section Interceptors; Construction of Grease and Oil Interceptors Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers. When bolted covers are required they shall be gas-tight and water-tight. Section Interceptors; Maintenance Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Section Discharges To Be Reported Every user of the Town sewage works shall report to the Town Engineer immediately any accident, negligent act, or other occurrence that occasions a discharge to the public sewer of any wastes or process waters that exceed the permissible limits for such wastes established by the Town Engineer

20 Section Sanitary Sewer; Outside of Town Any user located outside of the Town limits of the Town of Paradise Valley who discharges wastewater into a sanitary sewer owned or operated by the Town of Paradise Valley, shall be bound by the requirements of this Ordinance. Users found in noncompliance shall be subject to the provisions stated in Section of this Chapter. Section Appeals 187 Any person who is aggrieved by the terms of Chapter 15 and who has been directly affected by the application of any term of Chapter 15 may appeal to the Town Manager for relief. The appellant must demonstrate by clear and convincing evidence that the application of any term or terms of Chapter 15 imposes an unfair burden on the appellant. It may be considered an unfair burden if the term or terms of Chapter 15 as applied to the appellant cost the appellant a significantly greater fee or expense compared to other users similarly situated. The Town Manager shall hold an appeal hearing within 30 days after the appellant files a written request and shall announce his decision no later than 30 days after the hearing. The hearing shall be informal. Section Use of Effluent 195 All effluent generated in the Town of Paradise Valley or which is derived from wastewater originating in the Town of Paradise Valley shall be used or disposed of in such manner as the Town Council shall determine by individual measure

21 Article 15-3 WASTEWATER DEVELOPMENT FEES Title. This Article shall be known as the Wastewater Development Fees Ordinance of the Town of Paradise Valley, and may be cited as such Legislative intent and purpose. This Article is adopted for the purpose of promoting the health, safety and general welfare of the residents of the Town by: A. Requiring new development to pay its proportionate share of the costs incurred by the Town that are associated with providing Necessary Public Services to new development. B. Setting forth standards and procedures for creating and assessing Development Fees consistent with the requirements of Arizona Revised Statutes ( A.R.S. ) , including requirements pursuant to A.R.S , Subsection K that, on or before August 1, 2014, the Town must replace its Development Fees that were adopted prior to January 1, 2012 with Development Fees adopted pursuant to the requirements of A.R.S as amended by the state legislature in SB 1525, Fiftieth Legislature, First Regular Session. C. Providing for the temporary continuation of certain Development Fees adopted prior to January 1, 2012 until otherwise replaced pursuant to this Article, or longer where such Development Fees were pledged to support Financing or Debt for a Grandfathered Facility as permitted by A.R.S , Subsections K, R, and S. D. Setting forth procedures for administering the Development Fee program, including mandatory offsets, Credits, and refunds of Development Fees. All Development Fee assessments, offsets, Credits, or refunds must be administered in accordance with the provisions of this Article. This Article shall not affect the Town s zoning authority or its authority to adopt or amend its General Plan, provided that planning and zoning activities by the Town may require amendments to Development Fees as provided in Section of this Article Definitions. When used in this Article, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural. Applicant: A person who applies to the Town for a Building Permit or submits a site plan or subdivision plat

22 Appurtenance: Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, excluding replacement of the same after initial development of the Capital Facility, but only as to those appurtenances, or portions of those appurtenances, which provide service to existing EDUs. Building Permit: Any permit issued by the Town that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to the water, water supply, or wastewater system. Capital Facility: An asset having a Useful Life of three (3) or more years that is a component of Wastewater Service provided by the Town. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, infrastructure shall have the same meaning as Capital Facilities. Category of Development: A specific category of development within a Residential, Special Use, or Supplemental land use district against which a Development Fee is calculated and assessed based on a recommended water meter type where a Detached Single-Family Dwelling Unit is one (1) EDU, while the EDU factor for a unit of development within another Category of Development is represented by the ratio of the demand for Wastewater Services typically generated by that unit as compared to the demand for such services typically generated by a Detached Single-Family Dwelling Unit. The Town assesses Development Fees against the various recommended types of water meters for various Categories of Development within the Residential, Special Use, or Supplemental land use districts as defined in this Section. Credit: A reduction in an assessed Development Fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to Section of this Article (or as otherwise permitted by this Article). Credit Agreement: A written agreement between the Town and the developer(s) of a Subject Development that allocates Credits to the Subject Development pursuant to Section of this Article. A Credit Agreement may be included as part of a Development Agreement pursuant to Section of this Article. Credit Allocation: A term used to describe when Credits are distributed to a particular development or parcel of land after execution of a Credit Agreement, but are not yet issued

23 Credit Issuance: A term used to describe when the amount of an assessed Development Fee attributable to a particular development or parcel of land is reduced by applying a Credit allocation. Development: Any property which is proposed to be improved that creates a demand for Town wastewater service. Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns. Development Agreement: An agreement prepared in accordance with the requirements of A.R.S Direct Benefit: A benefit to an EDU resulting from a Capital Facility that: (a) addresses the need for wastewater services created in whole or in part by the EDU; and that (b) meets either of the following criteria: (i) the Capital Facility is located in the service area of the EDU and is needed in the service area of the EDU to maintain the Level of Service; or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that otherwise would have been needed in the service area of the EDU to maintain the Town s Level of Service. Dwelling Unit: A house, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. Equipment: Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a Capital Facility to provide the Level of Service specified by the Infrastructure Improvements Plan, excluding replacement of the same after initial development of the Capital Facility, but only as to that equipment, or portion of that equipment, which provides service to existing EDUs. Equivalent Demand Unit (EDU): A unit of development within a particular Category of Development, defined in terms of a standardized measure of the demand that a unit of development in that Category of Development generates for Wastewater Services. The EDU, or number of EDUs, in the Town for Wastewater Services is based on the type of applicable water meter required for a particular category of development in relation to the demand generated by a Detached Single-Family Dwelling Unit. For all Wastewater Services, the EDU factor for a Detached Single-Family Dwelling Unit is one (1), while the EDU factor for a unit of development within another Category of Development is represented as a ratio of the demand for Wastewater Services typically generated by that unit as compared to the demand for such services typically generated by a Detached Single-Family Dwelling Unit. An EDU shall be a service unit for purposes of A.R.S (T) (10). The 1 meter is the minimum type of meter for a Single-Family Dwelling Unit with a base flow of ten (10) gpm. Existing Capacity: Recognizing that portions of the existing capacity of the Wastewater systems have capacity available to provide service to new development, the 15-20

24 Development Fees shall recover the cost per EDU for that existing capacity. Service provided to new development shall be at the same level of service provided to existing development. The cost of existing capacity providing service to new development may include any of the costs defined herein for a Capital Facility or for Facility Expansion, as the circumstances may dictate. Facility Expansion: The expansion of the capacity of an existing facility that serves the same function as an otherwise new Wastewater Service facility in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. Fee Report: A written report developed pursuant to Section of this Article that identifies the methodology for calculating the amount of each Development Fee, explains the relationship between the Development Fee to be assessed and the System Average Cost per EDU calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S Financing or Debt: Any debt, bond, note, loan, interfund loan, fund transfer or other debt service obligation used to finance the development or expansion of a Capital Facility. Final Approval: Means (a) for a Special Use or nonresidential development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat, or if neither of these are applicable, the approval of a special use permit or final plans; or (b) for a single-family residential development, the approval of a final subdivision plat. Grandfathered Facilities: Capital Facilities provided through Financing or Debt incurred before June 1, 2011 for which a Development Fee has been Pledged towards repayment as described in Section of this Article. General Plan: Refers to the comprehensive plan, or part thereof, and all amendments, providing for the future growth and development of the Town, the overall land-use plan for the Town establishing areas of the Town for different purposes, zones and activities adopted by the Town Council and any subsequent amendments to the General Plan, including but not limited to the updated Land Use Map. Gpm: Means gallons per minute. Gross Development Fee: The total Development Fee to be assessed against a Subject Development on a per EDU basis, before subtraction of any Credits. Infrastructure Improvements Plan: A written plan that identifies each Wastewater service or facility expansion that is proposed to be the subject of a Development Fee and otherwise complies with the requirements of Section , and may be the Town s capital improvement plan

25 Interim Fee Schedule: Any Development Fee schedule established before January 1, 2012 in accordance with then-applicable law, and which shall expire not later than August 1, 2014 pursuant to Section of this Article. Land Use Assumptions: Projections of changes in land uses, densities, intensities and population for a Service Area over a period of at least ten (10) years and pursuant to the Town s general plan as specified in Section of this Article. Level of Service: A quantitative and/or qualitative measure of Wastewater Services that is to be provided by the Town to development in the Service Area, defined in terms of the relationship between service capacity and service demand and accessibility, comfort and convenience, or other similar measures or combinations of measures. Level of Service may be measured differently for different Categories of Wastewater Services, as identified in the Infrastructure Improvements Plan. Local Collection System: Wastewater collection facilities which are not included in the Wastewater Infrastructure Improvement Plan as may be amended from time to time and are strictly internal to the development itself. Local Distribution System: Wastewater distribution facilities which are not included in the Wastewater Infrastructure Improvement Plan as may be amended from time to time and are strictly internal to the development itself. Necessary Public Services: Necessary Public Services shall have the meaning prescribed in A.R.S (T)(5), but includes within the Town of Paradise Valley only Wastewater Service. Offset: An amount which is subtracted from the overall capital costs of providing Wastewater Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for Development Fees), and other revenue sources, as determined by the Town pursuant to Section (A)(13) of this Article. Pledged: Where used with reference to a Development Fee, a Development Fee shall be considered pledged where it was identified by the Town as a source of payment or repayment for Financing or Debt that was identified as the source of financing for Wastewater Services for which a Development Fee was assessed pursuant to the then-applicable provisions of A.R.S Qualified Professional: Any one of the following: (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person s education or experience related to Town planning, zoning, or Development Fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person s education or experience related to Town planning, zoning, or Development Fees; or (c) any other person operating under the supervision of one (1) or more of the above

26 Residential Land Use: Those residential land uses identified in the Zoning Ordinance of the Town of Paradise Valley as Single-family residential and classified as R-175 Single-Family Residential District, R-43 Single-Family Residential District, R-43 CP Single-Family Residential District, R-35 Single-Family Residential District, R-35 CP Single-Family Residential District, R-35A Single-Family Residential District, R-18 Single-Family Residential District, R-18A Single-Family Residential District, R-10 Single-Family Residential District, and SUP District R-18 CP. Right-of-Way: Land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes. Service Area: The area within the boundaries of the Town within which the Town provides a Category of Wastewater Services to development at a planned Level of Service; and within which a Substantial Nexus exists between the Capital Facilities to be provided and the development to be served. Some or all of the Capital Facilities providing service to a Service Area may be physically located outside of the Service Area provided that the required Substantial Nexus or Direct Benefit is demonstrated to exist. Service Unit: A standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for Wastewater Services or facility expansion. As used herein, a service unit is the same as an Equivalent Demand Unit (EDU). Single Family Residential means one (1) dwelling unit is serviced by a single water meter in which only a single family typically resides and is connected to a sewer or septic system. Special Use: Those land uses identified in the Zoning Ordinance for the Town of Paradise Valley as SUP District (Religious Facility, Private School, Non-Profit Organization, Public/Quasi Public), SUP District (Resort, Country Club, Golf Course), SUP District (Medical Office, Kennel, Veterinary Clinic). Special Use and Supplemental means all customer classifications serviced by a water meter, except Single Family Residential, and are connected to a sewer or septic system. Subject Development: A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with A.R.S Substantial Nexus: A substantial nexus exists where the demand for Wastewater Services that will be generated by an EDU can be reasonably quantified in terms of the burden it will impose on the available capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the benefit to the development from those Capital Facilities

27 Supplemental: The OSP Open Space Preserve District identified in the Zoning Ordinance for the Town of Paradise Valley. System Average Cost Per EDU: The total current value of existing facilities plus the future capital costs listed in the Infrastructure Improvements Plan for Wastewater Services divided by the total service capacity projected in the Service Area for Wastewater Services over the same time period. Town: The Town of Paradise Valley, Arizona. Useful Life: The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the Town over the entirety of such period. Wastewater Service: Includes, but is not limited to sewers, lift stations, reclamation plants, wastewater treatment plants, and all other facilities for the collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities; and the rights to use such pursuant to an intergovernmental agreement with another municipality Applicability; Repeal of Previous Ordinances A. Except as otherwise provided herein, from and after 12:00 a.m. on August 1, 2014, this Article shall apply to all new development within the Town s Wastewater Service Areas. B. The provisions of this Article shall apply to all of the territory within the corporate limits of the Town which define the Town s Wastewater service areas. C. The Town Manager or Authorized Designee is authorized to make determinations regarding the application, administration and enforcement of the provisions of this Article Authority for Development Fees A. Fee Report and Implementation. The Town may assess and collect a Development Fee for costs of Wastewater Services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Fee Report, Development Fee, and required reports or audits conducted pursuant to this Article. Development Fees shall be subject to the following requirements: 1. The Town shall develop and adopt a Fee Report that analyzes and defines the Development Fees to be charged in the Service Area for each Wastewater Capital Facility, based on the Infrastructure Improvements Plan and the System Average Cost per EDU calculated pursuant to Section of this Article