Ordinance No. 458 - SupersededORDINANCE NO. 458
AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT
PROVDING FOR THE TRANSFER OF SEWER CAPACITY RIGHTS
SUPERSEDING ORDINANCES 357,403, AND 432 IN THEIR ENTIRETY
BE IT ENACTED, by the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT, County of E1 Dorado, as follows:
SECTION I - DEFINITIONS
A. District - the South Tahoe Public Utility Disthct
B. Capacity Rights - Capacity Rights is the permitted ability to discharge
wastewater to the collection, treatment, and export systems of the South Tahoe
Public Utility District.
C. Sewer Unit - A sewer unit represents incremental capacity rights in the
form of fixtures or facilities causing actual or potential wastewater discharge to the
treatment facilities. A Sewer Unit is used for the purpose of determination of sewer
connection fees and assessment of sewer service charges.
D. Primary Parcel - A primary parcel is a parcel of property to which transfer
of sewer capacity rights is made.
E. Secondary Parcel - A secondary parcel is a parcel of property from which
sewer capacity rights are transfered.
SECTION II - SCHEDULE OF SEWER UNITS
The Schedule of Sewer Units, as established in Ordinance No. 359,
South Tahoe Public Utility District Sewer Regulation Ordinance, and amended by
Ordinance 446, is hereby adopted by reference in this said Transfer of Capacity
Rights Ordinance.
SECTION III - FINDINGS
A. Attributes existing on developed property have been treated as additional,
subordinate fights or privileges of that property and, depending upon whether such
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attributes were lawfully created, were permitted to continue. Such attributes include
coverage, square footage within structures, uses, and utility services, including
sewer capacity rights and water demand.
B. The Tahoe Regional Planning Agency, City of South Lake Tahoe, and E1
Dorado County permit certain transfers of various attributes and the right to
attributes from one property to another in accordance with the Amended Regional
Plan for the Lake Tahoe Basin, including the "Growth Management Provisions" of
its Code of Ordinances and local government codes.
C. Sewer capacity rights, including sewer units, are and have been
appurtenant to and inseparable from property. In order to accommodate the transfer
programs of the Tahoe Regional Planning Agency, City of South Lake Tahoe, and
E1 Dorado County, the District has adopted ordinances from time to time regarding
proposed transfer of the right to discharge into the collection, treatment, and export
facilities of the District. Those ordinances include Ordinance Nos. 321,357, and
403, adopted September 4, 1980, September 1, 1983, and November 2, 1987,
respectively.
D. Sewer connection fees as determined from time to time by the District
Board of Directors apply to all new connections. Connection fee revenue is used to
evaluate potential projects related to the sewer enterprise of the District, to plan,
study, undertake, complete and finance such capital projects, to pay the costs
incurred by the District to provide and inspect new connections, including the
portion of the connector's obligation for the accumulated equity in the sewer
enterprise, and the District's costs in coordinating with other governmental entities
to facilitate such connection.
E. The present estimated number of sewer units within the District's service
area is 78,071. The present sewer fund equity after deduction for accumulated
depreciation of the fixed assets of the District is approximately $83,429,429, which
is approximately $1,069 per sewer unit.
F. District's existing customers have an equity credit equal to $1,069 per
sewer unit which may be used toward the current connection fees when transfering
capacity rights.
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G. It is necessary and appropriate that the cost of transfer of sewer capacity
rights be paid by those who cause such transfers to occur. The cost of transfer of
sewer capacity rights include:
1. Current sewer connection fee;
2. less equity credit of $1069 per sewer unit;
3. plus additional inspection fee associated with secondary parcel(s); and
4. current sewer permit fee.
SECTION IV- CONDITIONS OF TRANSFER OF CAPACITY RIGHTS
Transfer of capacity rights shall be limited 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:
A. No transfer of capacity rights shall increase the estimated measurement of
flow and strength of wastewater discharged to the treatment facilities.
B. No transfer of all capacity rights shall be made from a secondary parcel or
property that has not had complete restoration to its natural condition.
C. The use of the primary parcel shall conform to the applicable City of South
Lake Tahoe or County of E1 Dorado General Plan.
D. The applicant for a transfer of capacity rights shall secure appropriate prior
approval of the transfer from the City of South Lake Tahoe or County of E1 Dorado
and the Tahoe Regional Planning Agency.
E. All existing sewer connection fees, transfer fees, current sewer and water
service charges, and E1 Dorado County property taxes shall be paid for the primary
and secondary parcels.
F. Ail liens upon the secondary parcel of property shall be satisfied, or in the
alternative, written concurrence shall be required from any lienholder, which whtten
concurrence shall save the South Tahoe Public Utility District free and harmless from
any and all claims arising out of the transfer of capacity rights from the secondary
parcel.
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G. Where all capacity rights are transfered from a secondary parcel, the lateral
sewer connection(s) of the secondary parcel shall be removed, plugged and sealed in
a manner satisfactory to the South Tahoe Public Utility District within thirty (30) days
after approval of the transfer. Physical inspection of the properly plugged sewer
connection(s) shall be made by an Inspector of the South Tahoe Public Utility
District.
H. Where all capacity rights are transfered from a secondary parcel, all water
service utilities for the secondary parcel shall be capped and disconnected to the
satisfaction of the South Tahoe Public Utility District within thirty (30) days after
approval of the transfer. Physical inspection of the properly capped water
connection(s) shall be made by an Inspector of the South Tahoe Public Utility
District.
I. Where only a portion of the capacity rights of a secondary parcel are
transfered, paragraphs B., G. & H., above shall not apply. Any use which remains on
the secondary parcel shall have sufficient sewer units to accommodate such use as
determined by the District.
J. The Board of Directors of the South Tahoe Public Utility District authorize
the General Manager or his/her designee to approve transfer of capacity rights only
after he/she finds the following:
1) That each and every foregoing provision of this Sewer Transfer of
Capacity Rights Ordinance has been complied with;
2) That the provisions of Ordinance No. 359 for issuing a sewer permit to
the primary parcel have been complied with;
3) That a completed Transfer of Capacity Rights Application is submitted
to South Tahoe Public Utility District.
SECTION V - ADMINISTRATION
A. The provisions hereof shall be administered and enforced by the District
through the General Manager, who may delegate such enforcement to one or more
designees.
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B. When any person by reason or special circumstances is of the opinion that
any provision of this ordinance is unjust or inequitable as applied to his/her premises,
he/she may make a whtten application to the District Board of Directors stating the
special circumstances, citing the provision complained of, and requesting suspension
or modification of that provision as applied to his/her premises. If such application
be approved, the Board of Directors may, by resolution, suspend or modify the
provision complained of, as applied to such premises, to be effective as of the date of
the application and continuing during the period of the special circumstances.
SECTION VI - SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance, or the
application thereof to any person or circumstance 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 application of such provision to other persons or
circumstances. The Board hereby declares that it would have passed this ordinance
or any section, subsection, sentence, clause or phrase hereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or invalid.
PASSED AND ENACTED BY THE Board of Directors of the South
Tahoe Public Utility District at its duly held regular meeting on the 1st day of
:February , 1996, by the following vote:
AYES: Directors Strohm, Mason, Mosbacher, Jones, l[allace
NOES: None
ABSENT: None
Chris Strohm, President
South Tahoe Public Utility District
Kathy Shall:j, Clerk of Bo~'d
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SECTION II - SCHEDULE OF SEWER UNITS
The following Schedule of Sewer Units, as defined in Ordinance No.
359, South Tahoe Public Utility District Sewer Regulation Ordinance, and amended
by Ordinance 446, is presented below:
A. The following is a schedule of the number of units to be applied to the
several types of connections to the sewer system of this District:
1. Homes and Apartments: a minimum of three (3) units for each
home or each apartment plus and an additional unit for each bath or half-bath in
excess of two (2) baths, except that a studio apartment will be two (2) units; and a
1 bedroom, 1 bath dwelling equipped with ultra low-flow fixtures will be two (2)
units.
2. Motels: Each bath, one (1) unit; each kitchen, one (1) unit.
3. Restaurant: one (1) unit per restroom; five (5) units for the first 20
seats, and one additional unit for every 20 seats or fi.action thereof over 20. For the
purpose of this section, where a bar is operated in unit with a restaurant, bar stools
will be counted as seats. Snack Bars and Delicatessens with no eating or seating on
the premises will be counted as "other commercial" defined in a subparagraph 10.
4. Service Station: five (5) units, one unit per RV dump.
5. Trailer parks: three (3) units per trailer space that will
accommodate a trailer in excess of 22 feet with a sewer unit provided; one (1) unit
per trailer space for all other trailer spaces with a sewer connection provided. One
(1) unit per two (2) trailer spaces without a sewer connection provided.
6. Laundromats: two (2) units per machine.
7. Swimming Pools: two (2) units.
8. Automobile Service Garage: two (2) units plus one (1) unit for
each restroom.
9. Taverns without food facilities: five (5) units, plus one (1) unit for
each restroom.
10. All other commercial establishments: one (1) unit per five
fixture units as defined in the Uniform Plumbing Code.
B. Facilities in or about residential, commercial and industrial establishments
discharging extraordinary amounts of waste into the sewage system shall be subject
to such charges and to such conditions as may be set the by the Board of Directors.
AFFIDAVIT OF POSTING
State of California
County of El Dorado
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)ss
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I, ~~.~'~- ~Lr-~,~.z'being first duly sworn, deposes and says:
That for and on behalf of the Clerk of Board of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, affiant posted copies of
in form attached hereto and by reference made a part hereof, in four (4) public
places in the District as follows:
City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
Al Tahoe Post Office Station
South Lake Tahoe, CA
Tahoe Valley Post Office Station (Y area)
South Lake Tahoe, CA
Tahoe Paradise Post Office Station
South Lake Tahoe, CA
That said posting was completed on the
19~.
/(/?~c~ day of
Signed by:
Subscribed and sworn
to me this
day of
1 9~/_,,
Clerk-of ~ Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT