§ 82-189. Extension to new development.

(a)

Responsibility of developer. Any sewerage improvement, extension, and/or expansion, or portion thereof, which is a project improvement is the sole responsibility of the developer.

(1)

In the event the county requires sewerage system extensions to be built with excess capacity so that additional anticipated development in the geographic area accessed by the extensions may be served by the extensions presently or in the future, then the developer is ultimately liable only for the proportionate share of the cost of the sewer extension attributable to the sewage flow contribution (estimated using standard engineering practices and methods applied by the Fulton County Department of Public Works) of the development compared to the capacity of the extension and length of pipe required to reach the development as compared to total length of pipe constructed.

(2)

The County must provide credits, in accord with the construction and intent of section 88-19 of the Fulton County Development Impact Fee Ordinance (incorporated herein by reference), to the developer for provision of excess capacity or directly compensate the developer for the proportionate cost of the excess capacity.

(3)

Sewerage extension project improvements must:

a.

Be submitted for review and approval at or prior to the time a land disturbance permit is requested.

b.

Be designed with a minimum capacity to serve the entire project as defined in zoning petitions and/or approved subdivisions, as opposed to phases of such project.

(4)

Installation of such project improvements may not proceed until:

a.

The developer has received all required reviews and permits from the county.

b.

The developer has paid any fees which may be required under other parts of this article and any other applicable ordinance, resolution, rule, or regulation of Fulton County.

c.

The developer has agreed to dedicate or otherwise provide all necessary easements, rights of access, and other necessary property rights associated with the project improvement to the county.

(b)

Developer requests. Notwithstanding subsection (a) of this section, a developer may request permission, and the county may grant permission, to install sewer extensions to a site at the expense of the developer.

(1)

If a developer seeks to install a sewer extension to a development and such extension, for whatever reason, can serve only that site, the developer must bear the entire cost of such extension by, at the developer's option, either:

a.

Causing the extension to be installed using the developer's own means and funds; or

b.

Paying to the county, before commencement of actual construction, an amount the county has established by contract to be the cost of sewer extension installation.

(2)

If a developer seeks to install a sewer extension to a development and the county requires such extension to be built with excess capacity so that additional anticipated development in the geographic area accessed by the extension may be served by the extension presently or in the future, then the developer is ultimately liable for the proportionate share of the cost of the sewer extension attributable to the sewage flow contribution (estimated using standard engineering practices and methods applied by the Fulton County Department of Public Works) of the development compared to the capacity of the extension. In this event, at the developer's option, either:

a.

The developer may cause the extension to be installed using his/her own means and funds; or

b.

The developer may pay to the county, before commencement of actual construction, an amount the county has established by contract to be the cost of sewer extension installation.

c.

In either case, the county shall:

1.

Accept and record the developer's cost of sewer extension installation and reimburse the developer or his/her successors in title the proportionate cost of the excess capacity as it is taken up and paid for by additional development using the extension;

2.

At the county's option, the county may participate with the developer in providing excess capacity by providing materials necessary for the excess capacity; or

3.

At the county's option, the county may, upon completion of construction, reimburse the developer for the proportionate share of unused capacity, calculated using the methodology described above, maintain records of the actual cost of installation, and reimburse itself the cost of excess capacity taken up and paid for by additional development using the extension.

(3)

A developer may request the county and the county may, at its option and using its own resources, install sewer extensions to a site. Using records of actual direct and indirect cost to the county of individual extension installations, the county will charge any developer, including a developer initiating an original request for installation of a sewer system extension, a proportionate share, using methodology described above, of the actual cost of sewer system extension installation.

(4)

A developer may request, and the county may grant, permission to use unused excess capacity in an existing sewerage system extension to meet the sewage flow contribution of a planned development. In this event, the county shall charge a fee calculated on the basis of the proportionate share of the cost of the sewer extension attributable to the sewage flow contribution of the development compared to the line segment capacity flow rate of the extension and length of pipe required to reach the development site.

a.

In the event the county has records that may be used to determine the actual cost of installation of the specific system extension requested for use, the cost of the proportionate share (adjusted to present value) shall be based on that actual cost of installation.

b.

In the event adequate records reflecting actual cost of installation of a specific system extension are not available, the average unit cost of installation of similar system extensions from the previous fiscal year (adjusted to present value) shall be used as the cost basis of calculating proportionate share.

c.

For the purposes cited above, present value shall be calculated using the Bloomberg AAA GO Municipal Bond Yield Index (or equivalent).

(92-RC-527, art. VII, § 2, 11-18-92; Res. No. 06-1167, 11-15-06)