Ordinance No. 577-19 Public Agency Transferring of Sewer UnitsORDINANCE NO. 577-19
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AMENDING DIVISION 1 AND SECTION 4.8.14 OF DIVISION 4 OF
THE ADMINISTRATIVE CODE REGARDING THE TRANSFER OF SEWER
CAPACITY BY A PUBLIC AGENCY
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El 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 to allow a public agency to transfer excess sewer capacity from one parcel to
another parcel provided both parcels are owned by the same public agency.
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 of the District, which establish the authority
and the principles for decisions of the District, and provide the public with
guidelines applicable to District operations.
D. Sewer Unit. A Sewer Unit is an estimated measurement of quantity and
strength of wastewater discharged to the District's wastewater collection
system. A Sewer Unit represents incremental capacity rights in the form of
fixtures or facilities causing actual or potential sewage discharge to the
District's wastewater collection system. A Sewer Unit is used for the
purposes of determining Sewer Service Charges.
E. 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 improvements
on such parcel in accordance with the District's Schedule of Sewer Units.
F. Public Agency. A public agency includes the government of the United
States, including any of its agencies, the State of California, a county, city,
district, public authority, and any other political subdivision or public
corporation in the State
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
1. The Administrative Code presently restricts the transfer of Sewer Units
from one parcel to another parcel except with respect to Affordable Housing projects;
2. Public Agencies often own multiple parcels within the District's service
area boundary that have Excess Sewer Units associated with one or more parcels;
3. Public Agencies receive funds paid by the public, either directly or
indirectly, to accomplish their public purposes;
4. The District believes that it is in the public's interest to assist other Public
Agencies by allowing them to transfer Excess Sewer Units from one parcel to another
parcel;
5. The District desires to amend the Administrative Code to allow Public
Agencies to transfer existing or future Excess Sewer Units from one parcel to another
parcel provided both parcels are owned by the same Public Agency;
6. Under the District's proposed amendment to the Administrative Code,
Excess Sewer Units may be only transferred by a Public Agency from one parcel to
another parcel provided both parcels are owned by the same public Agency. Otherwise,
Excess Sewer Units are not transferable among parcels, except with respect to Affordable
Housing, but can be used for further development upon the same parcel; and,
7. The Board of Directors has determined that it is in the best interest of the
District and the public to make these amendments to the Administrative Code.
SECTION IV — AMEND DIVISION 1 OF THE ADMINISTRATIVE CODE
Administrative Code Division 1 shall be amended to add a new section 1.1.109,
and renumber the existing section 1.1.109 and subsequent definitions sequentially, which
shall be as follows:
"1.1.109. Public Agency. A public agency includes the government of the
United States, including any of its agencies, the State of California, a county, city,
district, public authority, and any other political subdivision or public corporation in the
State.
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Sewer Unit Transfer Ordinance
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SECTION V — AMEND SECTION 4.8.14 OF DIVISION 4 OF THE
ADMINISTRATIVE CODE
Administrative Code section 4.8.14 shall be amended in its entirety as follows:
"4.8.14 Conditions to Transfer. Transfer of Excess Sewer Units shall be allowed
only: (1) for the development of Affordable Housing and no sewer permit shall be issued
for development of Affordable Housing on a Primary Parcel when Excess Sewer Units
are transferred from a Secondary Parcel; and, (2) from a Secondary Parcel to a Primary
Parcel provided both parcels are owned by the same Public Agency. The transfer of
Excess Sewer Units is subject to compliance with all of the following conditions:
a) Conformance with the General Plan. The use of the Primary Parcel shall
conform to the applicable City or County General Plan.
b) Approvals The applicant for a sewer permit for the Primary Parcel shall
secure all approvals for the proposed use of the Primary Parcel as required
by the City, the County, the Tahoe Regional Planning Agency and the State
of California.
c) Sewer Permit. The owner of the Primary Parcel shall submit a completed
Sewer Permit Application to the District.
d) Transfer Application. The owner of the Secondary Parcel shall submit a
completed Transfer of Sewer Capacity Rights Application to the District.
e) Payment of Fees and Taxes All existing unpaid District fees and charges
shall be paid for the Primary and Secondary Parcels.
f) Satisfaction of Liens. All liens upon the Secondary Parcel 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 in a form acceptable to the District.
g) Transfer of All Excess Sewer Units When all Sewer Units are transferred
from the Secondary Parcel, the following conditions shall apply:
(1) Removal of Sewer Lateral. The lateral sewer connection(s) of the
Secondary Parcel shall be removed, plugged and sealed by the
District at the District's expense. If the owner of the Secondary
Parcel subsequently purchases Sewer Units for use on the
Secondary Parcel, a new sewer lateral must be installed in a
manner satisfactory to the District at the owner's expense. Physical
inspection of the sewer lateral shall be made by the District.
(2) Disconnection of Water Utilities. All water service utilities for the
Secondary Parcel shall be capped and disconnected from the
District Water System to the satisfaction of the District. Physical
inspection of the properly capped water connection(s) shall be
made by the District.
h) Remaining Use on Secondary Parcel. Any use which remains on the
Secondary Parcel shall have sufficient Sewer Units to accommodate such
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use as determined by the District. Physical inspection of the remaining use
on the Secondary Parcel shall be made by the District.
i) District Approval. The Board authorizes the General Manager of his/her
designee to approve the transfer of Excess Sewer Units from the Secondary
Parcel to the Primary Parcel and issuance of a Sewer Permit for the Primary
Parcel upon satisfaction of all of the above conditions."
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 of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VII — EFFECTIVE DATE
This Ordinance amending the above referenced section to the Administrative
Code shall take effective 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 19th day of December, 2019 by the
following vote:
AYES: CEFALU, JONES, VOGELGESANG, SHEEHAN, EXLINE
NOES: NONE
ABSENT: NONE
Rana y Vogelgesang, President
South Tahoe Public Utility District
ATTEST:
Melonie Guttry, Clerk of e Board
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