(a) Exemptions.
(1) A CAPF-SL is not required for a development project for which preliminary or final subdivision plat, or final site plan unconditional approval is granted before April 15, 2007.
(2) A CAPF-SL is not required for a development project for which a master plan is unconditionally approved pursuant to the LMC before April 15, 2007.
(3) A CAPF-SL is not required for a development project to be constructed entirely on a lot of record if the development project does not require more than twenty (20) percent increase in sewer line capacity over the existing development and consists solely of one or more of the following:
(A) The change of use of a structure existing as of April 15, 2007;
(B) The renovation, with no addition of square footage, of a structure existing as of April 15, 2007;
(C) The construction of an addition of five thousand (5,000) square feet or less to a structure existing as of April 15, 2007; or
(D) The demolition of a structure existing as of April 15, 2007 and replacement with a structure no more than five thousand (5,000) square feet larger than the one demolished.
(b) Test for adequacy of sewer line capacity. The director shall determine whether sewer line capacity is adequate based on the criteria set forth in this subsection. Sewer line capacity is deemed adequate if, given existing connections, future connections from buildings under construction, and recorded lots for which allocations have been made, the sewer interceptors, lines, and local pump stations have sufficient capacity to accommodate the ultimate peak flow for the proposed project.
(c) Issuance of CAPF-SL. If the director determines that the sewer line capacity is adequate based on the criteria of subsection (b) of this section, the director shall issue a CAPF-SL for the project. If the director determines that the sewer line capacity is not adequate, the director shall deny the CAPF-SL. If the director denies the CAPF-SL, the master plan, preliminary or final subdivision plat, or site plan application will not be scheduled for consideration by the planning commission, subject to subsection (d) of this section.
(d) Mitigation. If a CAPF-SL is denied, a developer may pursue any of the options set forth in section 4-16. The developer shall submit to the director a mitigation plan describing the improvements the developer intends to make in order to render the sewer line capacity adequate to serve the proposed development. If the director finds, using the criteria of subsection (b) of this section, that the implementation of the mitigation plan would result in adequate sewer line capacity, the director shall issue a provisional CAPF-SL, and the master plan, preliminary or final subdivision plat, or site plan application may be scheduled for consideration by the planning commission. If the director determines, using the criteria of subsection (b) of this section, that the implementation of the mitigation plan would not result in adequate sewer line capacity, the director shall deny the mitigation plan, and the master plan, preliminary or final subdivision plat, or site plan application will not be scheduled for consideration by the planning commission.
(1) If the mayor approves, in accordance with section 4-16(a)(1), a public works agreement that includes the mitigation plan approved by the director or a substantially similar mitigation plan, the director shall issue a final CAPF-SL. If the mayor does not approve a public works agreement that includes such a mitigation plan, then the provisional CAPF-SL will be void.
(2) If the mayor and board of aldermen approve, in accordance with section 4-16(b), a mitigation agreement that includes the mitigation plan approved by the director or a substantially similar mitigation plan, the director shall issue a final CAPF-SL. If the mayor and board of aldermen do not approve a mitigation agreement that includes such a mitigation plan, then the provisional CAPF-SL will be void.
(e) Sewer taps. Granting of a CAPF-SL for a project may not be construed as a guarantee of sewer taps or an allocation for the project. (Ord. No. G-07-6, § 1, 3-22-07; Ord. No. G-07-19, § 1, 9-6-07)