§ 28-210. General provisions.

(a)

Short title. This division shall be known and may be cited as "an ordinance providing for connection to water and wastewater facilities of the Hernando County Water and Sewer District".

(b)

Purpose. The purpose of this division is to establish policies for obtaining water and/or wastewater service from the Hernando County Water and Sewer District, payment of connection fees, and commitments for service.

(c)

Administration. This division shall be administered by the department.

(d)

Jurisdiction.

(1)

This division shall apply to all unincorporated areas of Hernando County unless the district consents to allow municipal or franchise service areas to provide such service under such terms and conditions as the district may set forth, and any incorporated area for which the governing body shall have approved, by ordinance, the inclusion of such incorporated area in the district's service area.

(2)

Procedures and policy of municipalities shall apply to areas served by those entities.

(e)

Availability of service.

(1)

To the extent that a centralized water and/or sewer system may be required by ordinance, including but not limited to Hernando County Subdivision Regulations, such water and/or sewer facilities shall be dedicated to the district, if services are to be provided by the district, so that the district will become the owner of such system upon the request of the district for such facilities to be conveyed to it. Such water and/or sewer facilities shall not be required to be dedicated to the district, if services are to be provided by the appropriate municipality within corporate limits or service areas outside corporate limits pursuant to agreement with the district.

(2)

Where it is deemed beneficial to the applicant and the district, the district and applicant may enter into an agreement for the construction and dedication of the facility by the applicant to the district.

(3)

Service availability shall be determined by the following:

a.

Upon receipt of a request for service, the department shall estimate the cost of any necessary line extension and determine if uncommitted plant capacity exists.

b.

When uncommitted plant capacity is available, the department shall further determine whether the estimated cost of any necessary extension of mains or lines exceeds an amount equal to twenty-five (25) percent of the applicable connection fee for the proposed development.

c.

If the cost of any necessary extension of mains or lines exceeds an amount equal to twenty-five (25) percent of the applicable connection fee for the proposed development, or if there is insufficient uncommitted plant capacity, service shall be deemed not available until such time as the applicant and the district enter into a water and/or sewer service agreement protecting and balancing the applicant's interests and any applicable rights to development with the interests of the district and the district's ratepayers in economical, reliable safe and affordable service. Any such agreement may provide for any provisions deemed to be a fair and appropriate protection and balancing of the foregoing applicant and district interests, including but not limited to:

1.

Developer/applicant agreement to fund the total cost of the necessary line extension and pay all applicable connection fees; and/or,

2.

If there is insufficient uncommitted plant capacity, developer/applicant agreement to fund the total cost of expanding plant capacity and pay all applicable connection fees.

d.

The determination of the availability of water and wastewater services may, at the option of the district, be determined together or separately.

e.

If two (2) or more developers are affected by the same availability issues with respect to proximate development projects, the department encourages such developers to cooperate to the extent reasonable in negotiating with the department on terms for providing main or line extensions and/or additional plant capacity

(Ord. No. 2003-06, § 2, 3-25-03; Ord. No. 2005-20, § 1, 10-18-05)