Ordinance No. 506-08
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ORDINANCE NO. 506-08
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTIONS 4.8.3 AND 4.8.14 OF DIVISION 4 OF THE
ADMINISTRATIVE CODE REGARDING RATE RELIEF FOR EXCESS SEWER
CAPACITY AND TRANSFER OF SEWER CAPACITY
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County ofEI Dorado, State of California, as follows:
SECTION I - POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding rate relief for excess sewer capacity and the transfer of sewer capacity
from one parcel to another parcel.
SECTION II - DEFINITIONS
For the purpose of this Ordinance, the terms used herein are defined as follows:
A. The District - The South Tahoe Public Utility District.
B.
The Board - The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code - The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances ofthe District, which establish the authority
and the principles for decisions of the District, and provide the public with
guidelines applicable to District operations.
D. Excess Sewer Unit - An Excess Sewer Unit is any sewer unit assigned to a
parcel in excess of the number of sewer units required for such parcel in
accordance with the District's Schedule of Sewer Units.
SECTION III - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County ofEI
Dorado, State of California, make the following findings:
1. The Administrative Code presently requires payment of quarterly sewer
service charges on Excess Sewer Units in order that the Excess Sewer Units may be
maintained and later transferred to another parcel;
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2. The Administrative Code presently allows for rate relief from billing of
quarterly sewer service charges only if the Excess Sewer Units are returned to the
District;
3. The length of time for the development of a parcel to receive approval
from the various regulatory agencies within the Lake Tahoe Basin may be considerable,
and, by the time those approvals are obtained, the cost of the quarterly sewer service
charges on Excess Sewer Units may exceed the difference between the cost of purchasing
a new sewer unit on the parcel and transferring the equity value of an Excess Sewer Unit
to the parcel;
4. The District desires to amend the Administrative Code to provide, on a
prospective basis, sewer rate relief to property owners with Excess Sewer Units on their
properties;
5. The District desires to amend the Administrative Code to eliminate the
transfer of Excess Sewer Units from one parcel to another after December 31,2012;
6. Under the District's proposed amendments to the Administrative Code,
Excess Sewer Units may be transferred to another parcel until December 31, 2012. After
that time, Excess Sewer Units will no longer be transferable among parcels, but can be
used for further development upon the same parcel;
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7. The Board of Directors has determined that it is in the best interest of the
District and the community to make these changes to the Administrative Code.
SECTION IV - AMEND SECTION 4.8.3 OF THE ADMINISTRATIVE CODE
Administrative Code Section 4.8.3 shall be amended as follows:
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"4.8.3 Rate Relieffor Excess Sewer Units. By December 15,2008, on the
form provided by the District, the owner of a parcel with Excess Sewer Units may apply
to the District to participate in the Excess Sewer Capacity Program for the relief of
service charges for Excess Sewer Units. The applicant requesting such rate relief shall
allow the District full and adequate inspection of the parcel, including any improvements,
and the sewer lines and related connections to enable the District to determine if the
parcel has any Excess Sewer Units. The applicant may be required to test or remove
underground piping, draining lines, or the sewer lateral for verification ofthe sewer
capacity required on the parcel and that all fixtures on the parcel are low water-use
fixtures.
Upon a property owner's application to the District for participation in the Excess
Sewer Capacity Program, the billing of quarterly sewer service charges will be suspended
on any Excess Sewer Units until such time as they are transferred, pursuant to
Administrative Code section 4.8.14., or put into use on the same parcel. The adjusted
service charge, reflecting the suspension of charges on any Excess Sewer Units, shall be
Ordinance No. 506-08
Sewer Unit Transfer
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effective for the first complete billing cycle after the date of the District's approval of the
application and verification of any Excess Sewer Units on the same parcel.
A property owner with verified Excess Sewer Capacity will receive a credit for any
quarterly charges associated with the verified Excess Sewer Capacity in an amount equal
to any suspended sewer service charges for Excess Sewer Capacity.
Excess Sewer Units may be transferred to another parcel, pursuant to
Administrative Code section 4.8.14., or may later be used on the same parcel. The
owner of a parcel with Excess Sewer Units may acquire sewer capacity, in addition to
those units but only in the same manner, with the same priority, and subject to payment
of the same fees, as any other parcel which might need to obtain additional sewer
capacity, and only if the District has available sewer capacity at the time the owner
requests the additional sewer service."
SECTION V - AMEND SECTION 4.8.14 OF THE ADMINISTRATIVE CODE
Administrative Code Section 4.8.14 shall be amended as follows:
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"4.8.14 Conditions to Transfer. Transfer of Excess Sewer Units shall be
allowed only through December 31, 2012, and shall adhere to the following conditions,
and no sewer permit shall be issued for a primary parcel until there is compliance with all
of the following conditions:
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a) Conforming with General Plan. The use of the primary
property shall conform to the applicable City or County
General Plan.
b) Approvals. The applicant for a transfer of Excess Sewer Units
shall secure all prior approvals for the transfer required from
the City or County and the Tahoe Regional Planning Agency.
c) Payment of Fees and Taxes. All existing sewer capacity fees,
transfer fees, and the County property taxes shall be paid for
the primary and secondary parcels.
d) Satisfaction of Liens. All liens upon the secondary parcel of
property shall be satisfied, or in the alternative, written
concurrence shall be obtained from any lienholder, which
written concurrence shall save the District free and harmless
from any and all claims arising out of the transfer of Excess
Sewer Units from the secondary parcel.
e) No Change in Use. The transfer of Excess Sewer Units shall
not increase the estimated measurement of flow and strength of
wastewater discharged to the treatment facilities.
t) Restoration to National Condition. No transfer of all sewer
units shall be made from a secondary property that has not had
complete restoration to its natural condition.
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Sewer Unit Transfer
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g) Removal of Sewer LateraL Where all sewer units are
transferred from a secondary property, the lateral sewer
connection(s) of the secondary property shall be removed,
plugged and sealed in a manner satisfactory to the District
within thirty (30) days after approval of the transfer. Physical
inspection ofthe properly plugged sewer connection(s) shall be
made by a District Inspector.
h) Disconnection of Water Utilities. Where all sewer units are
transferred from a secondary property, all water service utilities
for the secondary property shall be capped and disconnection
to the satisfaction of the District within thirty (30) days after
approval ofthe transfer. Physical inspection of the properly
capped water connection(s) shall be made by a District
Inspector.
i) Exception to Disconnection and RemovaL Where only a
portion of the Excess Sewer Units of a secondary property are
transferred, subsections 4.8.14 (f), 4.8.14 (g) and 4.8.14 (h),
above shall not apply. Any use which remains on the
secondary parcel shall have sufficient sewer capacity to
accommodate such use as determined by the District.
j) Approval of Transfer. The Board authorizes the General
Manager of his /her designee to approve transfer of Excess
Sewer Units only after he/she finds the following:
a) That each and every foregoing provision of this
Section 4.8 has been complied with;
b) That the provisions of Sections 4.2.5., 4.2.7 and
4.6.4 for issuing a sewer permit to the primary
property have been complied with;
c) That a completed Transfer of Sewer Capacity
Rights Application is submitted to the District."
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SECTION VI - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed section, subsection subdivision, paragraph,
sentence, clause or phrase thereof of this Ordinance and its implementing rules and
regulations and the Administrative Code irrespective ofthe fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
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SECTION VII - EFFECTIVE DATE
This Ordinance amending the above referenced section to the Administrative
Code shall take effective thirty (30) days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 17th day of April, 2008 by the
following vote:
AYES: Directors Mosbacher, Rise, Claudio, Schafer
NOES: None
ABSENT: Director Jones
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South Tahoe Public Utility District
Ordinance No. 506-08
Sewer Unit Transfer
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