§ 28-215. Service commitments.

(a)

Acceptance of final review. Within ninety (90) days of receipt of the final review setting forth the connection fees, point of connection, and extension requirements, the applicant shall advise the district of the applicant's acceptance of the district's proposal.

(b)

Development schedule. Along with the acceptance of the proposal, the applicant shall provide to the department an estimated schedule of development with said schedule showing the estimated number of units to be constructed each year until build-out.

(c)

Formal commitment. Within two (2) weeks after receipt of the applicant's notification of acceptance and development schedule, the department, acting on behalf of the board, shall issue a formal commitment letter. The commitment letter shall bind the department to provide services to the applicant subject to receipt of connection fee payment and appropriate regulatory approvals. Commitments are non-transferable from one property to another; however, commitments are transferable to a new owner of the same property.

(d)

Expiration of commitment. Unless otherwise agreed, commitments shall expire five (5) years after issuance of the formal commitment for projects or project phases whenever lump sum payments are involved. Commitments shall expire at the end of the last year indicated on the applicant's development schedule for projects involving incremental payment of connection fees. Commitments will be honored for any initial building permit issued by the county development department.

(e)

Time extensions to commitment.

(1)

Time extensions to commitments may be granted for periods not to exceed two (2) years, provided capacity within the water and/or sewer system remains available, and provided that a request is submitted in writing prior to thirty (30) days before the expiration date of the commitment.

(2)

Service agreements or commitment contracts entered into prior to the effective date of this division, by which the district agreed to accept advanced connection fees and reserve capacity at its water or wastewater treatment facilities at a specified level of service and by which the developer agreed to connect a certain number of units to the district facilities in accordance with an agreed upon schedule, may be granted two-year time extensions in accordance with subsection (e)(1) above.

(Ord. No. 2003-06, § 7, 3-25-03; Ord. No. 2005-20, § 6, 10-18-05)