HomeMy WebLinkAbout402 ORDINANCE NO. 402
ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING ARTICLE 5
(SEWER IMPROVEMENT REIMBURSEMENT)TO CHAPTER4(SEWAGE)
OF TITLE 6 (SANITATION AND HEALTH) OF THE LOS ALTOS HILLS
MUNICIPAL CODE
WHEREAS,the Town wishes to encourage property owners to voluntarily undertake
sewer improvements with.the Town's approval; and
WHEREAS, in many cases a sanitary sewer extension will not only benefit the
lands of the property owner who undertakes the improvement but also other lands which
may be served by the sewer improvement at a future date; and
WHEREAS, the Town desires to enable such a property owner to receive
reimbursement from future users of the sewer improvement by entering into a
reimbursement agreement with that property owner.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. Addition to Code. Article 5 (Sewer Improvement Reimbursement) is hereby
added to Chapter 4 (Sewage) of Title 6 (Sanitation and Health) of the Los Altos Hills
Municipal Code to read as follows:
ARTICLE S. Sewer Improvement Reimbursement
Sec. 6-4.501. Definitions.
For the purposes of this Article the following definitions apply:
(a) Future User. A property owner or owners within the Town limits that
the Town determines will be able to use a Sewer Improvement in the future.
(b) Property Owner. A property owner or owners within the Town limits.
(c) Sewer Improvement. An improvement to the Town's sanitary sewer
system within a public right of way or public easement for which the Property Owner
wishes to enter into a reimbursement agreement with the Town.
Sec. 6-4.502. Sewer Improvement; Reimbursement.
Upon approval from the City Council, after recommendation by the City
Engineer and receipt of an encroachment permit from the Town, a Property Owner may
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install a Sewer Improvement for the Property Owner's benefit, as well as the benefit of
Future Users.
(a) Application. The Property Owner shall l submit an application for a
Sewer Improvement to be constructed with engineered plans to the Town indicating the
size, capacity, length and estimated cost of the proposed Sewer Improvement, as well as
the proposed Future Users.
(b) Engineer Review. The City Engineer shall review the application and
recommend to the Council the appropriate size, capacity, length and reasonable cost of
the proposed Sewer Improvement, as well as the appropriate proposed Future Users.
(c) Council Decision. If the Council approves the proposed Sewer
Improvement, the Property Owner shall procure encroachment and excavation permits
from the Town in order to perform work within the Town's right of way or public easement.
(d) Reimbursement. If the Council approves reimbursement of the costs
of the Sewer Improvement by Future Users,,the Town shall enter into a reimbursement
agreement with the Property Owner, which agreement shall be approved by the Council
by resolution.
Sec. 6-4.503. Reimbursement Agreement.
(a) If the Town enters into a reimbursement agreement with the Property
Owner to reimburse the Property Owner for the cost of the Sewer Improvement, the
Property Owner shall construct or cause to be constructed the Sewer Improvement
pursuant to encroachment and excavation permits, bearing the entire cost of the Sewer
Improvement, including, without limitation, design, engineering, construction, review and
inspection costs and Town fees.
(b) The reimbursement agreement shall calculate the division of such
costs among the Property Owner and Future Users, provided that no cost of administration
or management undertaken by a Property Owner and no cost of improvements outside a
public right of way or public easement shall be included.
(c) The Town shall, pursuant to the reimbursement agreement, collect
from Future Users who wish to benefit from the Sewer Improvement or who are required,
as a condition of approval,to use the Sewer Improvement, their proportionate share of the
Sewer Improvement and reimburse the Property Owner those costs of the Sewer
Improvement that are attributable to the benefit of the Future Users and levy a charge on
the Future Users to reimburse the Town for such cost.
(d) In no event shall a reimbursement agreement extend beyond fifteen
(15) years and in no event shall the Town be liable to a Property Owner for the failure to
collect reimbursement costs.
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2. CEQA. This ordinance is not a project under the California Environmental
Quality Act since it has no potential for resulting in a physical change in the environment.
3. SEVERABILITY. If any part of this ordinance is held to be invalid or
inapplicable to any situation by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance or the applicability of this
ordinance to other situations.
4. EFFECTIVE DATE; POSTING. This ordinance shall become effective thirty
(30) days from the date of its passage, and shall be posted within the Town of Los Altos
Hills in three (3) public places.
INTRODUCED: October 7, 1999
PASSED: - October 21, 1999
AYES: Mayor Pro Tem Finn and Councilmembers Casey, Johnson and Siegel
NOES: Mayor Dauber
ABSTENTIONS: None
ABSENT: None
By-
Mayo
ST
City Clerk
A ROVED AS RM:
City Att rney
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