§ 82-192. Private agreements.  


Latest version.
  • (a)

    In accord with the general provisions of section 58-177 of this Code, and the more specific provisions of this section, any applicant or group of applicants may propose to enter into a private agreement with the county designed to establish proportional share system improvements appropriate to the circumstances of the specific development or developments proposed.

    (b)

    Such an agreement may include, but shall not be limited to, provisions which:

    (1)

    Modify calculations of sewage generation set forth herein and provide a fee which may differ from that set forth in this article by specifying the nature of the proposed development for purposes of computing actual sewage generation, provided that the agreement shall establish legally enforceable means for ensuring that the actual sewage generated will not exceed the agreed upon estimated sewage generated by the development.

    a.

    The agreement must contain language acceptable to the county manager or the manager's designee showing that the assumptions made for sewage generation will be met. Further, language must be included in the agreement to allow the county to assess additional fees if, two years after the completion of construction, the development has not, in fact, met the reduced assumptions of sewage generation and/or if, five years following the completion of construction the development has not, in fact, maintained such reduced sewage generation.

    b.

    The agreement must also contain language requiring the developer to report to the county manager or the manager's designee the status of the project relative to assumptions of reduced sewage generation on the second and fifth anniversaries of the completion of construction. Figures to be reported shall include both actual sewage generation figures and sewage generation as a factor of the project's occupancy rate. Failure to report may result in assessment of additional fees.

    (2)

    Permit the construction of specific sewer system improvements in lieu of or with a credit against the sewer fee assessable.

    (3)

    Permit a schedule and method for the payment of fees in a manner appropriate to the particular and unique circumstances of the proposed development in lieu of other requirements for payment set forth herein, provided that security is posted ensuring payment of the fees, in a form acceptable to the county, which security may be in the form of a cash bond, surety bond, irrevocable letter of credit, negotiable certificate of deposit or escrow account, or lien or mortgage on lands to be covered by the building permit.

    (4)

    Permit the substitution of sewer system related projects in lieu of or with a credit against the sewerage extension fee assessable.

    a.

    Dedication and use of land application sewage treatment sites.

    b.

    Dedication of land for use by other sewer related facilities.

(92-RC-527, art. X, §§ 1, 2, 11-18-92; Res. No. 06-1167, 11-15-06)