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(1) Due to limited sewer capacity within the catchment area of the thirty-six (36) inch sewer main that services the area west of the I-15 freeway and portions of the Grandview area and the potential for new development in that catchment area in excess of the capacity available, the following regulations apply to development projects in that catchment area:

(a) The City shall monitor available sewer capacity and development projects that have been approved or submitted for approval and shall model the projected available sewer connections. Model projections for the upcoming calendar year shall be delivered in writing by the first day of the second quarter of each calendar year by the Director of Public Works or the Director’s designee and made available to the public. The model calculations are not a guarantee of available connections and each development project is subject to individual review regarding available sewer capacity.

(b) Development projects shall be allocated sewer connections from the currently available connections only upon meeting the following requirements:

(i) The Director of Public Works determines that there is adequate sewer capacity currently available to meet the demands of the proposed development;

(ii) The project plan adequately demonstrates that the proposed development has a connection to the thirty-six (36) inch sewer main described in this Section through gravity sewer lines with adequate capacity to support the project that are, or will be, in place before the applicant requests building permits for the project;

(iii) Providing adequate sewer capacity to the development project does not involve a lift station other than those that are master planned system improvements;

(iv) Proper zoning is in place for the development to proceed; and

(v) The development project plan has been approved.

(c) An allocation of sewer connections under this Section shall expire eighteen (18) months from the approval of the project plan unless the building permits for the project have been issued.

(d) A project may not be allocated more than forty (40) connections, except that a phased project may be allocated additional connections in accordance with this Subsection. Each phase of a phased development project may receive its own allocation of forty (40) connections, but only after fifty percent (50%) of the units related to each and every prior phase have been issued occupancy permits, and only if the phase meets all the requirements of this Section.

(e) Allocated sewer connections are not transferable.

(f) Notwithstanding the other provisions of this Section, an applicant or development shall not receive an allocation of sewer connections in any circumstances where the Director of the Department of Development Services determines that a prior allocation of sewer connections made after December 10, 2019, is so substantially related to the current applicant or development that the prior allocation and the current applicant or development are not separate and distinct development projects, unless it is a phased project and meets the requirements of Subsection (1)(d) of this Section.

(2) This Section shall expire and be automatically repealed upon the completion of all of the sewer-related capital improvement projects identified as projects W1 through W11 in Table ES-6 of the Sewer Impact Fee Facilities Plan adopted on December 10, 2019.

(Enacted 2019-65, Am 2024-01)