[Adopted 8-28-1989 by Ord. No. O89-002]
A.
It shall be the policy of the Mayor and Town Council
of Oakland to require every person located within the Town of Oakland
whose property is located immediately adjacent to the sewer collection
system and whose property is dedicated to a use which requires sewage
disposal to be connected to the system, and each such person shall
be issued, or shall be deemed to have been issued, one discharge permit
for that purpose. This policy shall extend to any areas which have
been finally annexed upon the date the system is or becomes operative,
and shall extend to any areas which are annexed thereafter, but the
policy shall only attach upon the date that the annexation becomes
final. Each such person, where applicable, shall pay a discharge permit
fee according to the schedule set forth herein. Each such person,
where applicable, shall sign with the Mayor and Town Council a discharge
permit contract, and shall abide by all rules and provisions therein,
as well as the rules and provisions set forth in this policy.[1]
B.
Persons whose property, within the Town of Oakland,
is located within 100 feet of the sewer collector system, or a manhole,
shall be allowed to connect to the system upon applying for and receiving
a discharge permit and signing a discharge permit contract. Persons
whose property, within the Town of Oakland, is located farther than
100 feet from the collector system or a manhole may apply for a discharge
permit, and it shall be within the discretion of the Mayor and Town
Council as to whether such a permit shall be granted, but all the
costs associated therewith shall be borne by the applicant, and the
applicant shall conform to all the terms and conditions of this policy,
and of the discharge permit contract.
A.
The Town of Oakland shall establish service districts
for any areas outside the Town served by its collector system and
shall require any person whose residential property is located immediately
adjacent to the system, the use of which requires discharge of sewage,
and which use was in existence at the time of the completion of the
system, to connect to the system and pay the applicable costs and
charges thereof.[1]
B.
Persons whose residential property, outside the Town
of Oakland, is located farther than 100 feet from the collector system
or a manhole may apply for a discharge permit, and it shall be within
the discretion of the Mayor and Town Council as to whether such a
permit shall be granted, but all the costs associated therewith shall
be borne by the applicant, and the applicant shall conform to all
the terms and conditions of this policy, and of the discharge permit
contract.
C.
It shall be the policy of the Mayor and Town Council
of Oakland to carefully monitor and regulate the capacity of the sewage
treatment plant and its collector system including the pumping station
by the judicious use of sewage discharge permits. In view of the scarcity
of sewage capacity, as governed by the size and capacity of the collector
system and the pumping station, etc., the granting of sewage discharge
permits for new uses, newly developed or undeveloped land commercial
uses, outside the corporation, will be severely limited. The Mayor
and Town Council will also carefully monitor any requests for sewage
discharge permits outside the corporate limits for users which are
not immediately adjacent to the system. Therefore, priority will be
given to users within the corporate limits, as any allocation system
of the remaining capacity would favor the Town itself as density is
greatest there.
D.
It shall, however, be the policy of the Mayor and
Town Council to grant a discharge permit, with no more than one sewer
ERU, to persons whose property (whether commercial or residential),
outside the Town, is within approximately 100 feet of the existing
collector system or a manhole, where the property is dedicated to
a use which requires the discharge of sewage, where the property was
improved and in use prior to 1972 and was dedicated to a use which
required the discharge of sewer, if the intended use of the property
cannot adequately be served with a septic system. In such a case,
the applicant shall sign a discharge permit contract with the Town,
and abide by all the rules and regulations of this policy and said
permit, and shall pay the entire costs of running the line from his
or her property to the collector system, including the cost and responsibility
of acquiring any easement which may be necessary, and the applicant
shall pay the applicable sewage discharge permit fee as set forth
in this policy.
Only the duly designated representatives of
the Mayor and Town Council of Oakland shall have the authority to
issue a discharge permit, and only after the applicant for such a
permit has signed a discharge permit contract, and has qualified for
such permit under all the rules and regulations of this policy, and
of said permit contracts. Such permits shall be appurtenant to the
land to which they are issued, and shall be nonnegotiable. Each permit
shall be granted for a specific use which shall be set forth in the
permit contract, and the applicant shall agree to be bound not to
attempt to sell the discharge permit to any other person or organization.
In the event that a permit is issued for property which is undeveloped,
the life of a permit shall be limited to six months. Further, the
life of the permit shall be limited to the life of the use for which
it is granted. In the event that the use for which the permit has
been granted is abandoned, or the property is abandoned, or the buildings
are destroyed, and not restored, the permit shall expire. If, at the
end of the six-month period, the use for which the permit was issued
has not been created, and a connection to the system has not been
made in pursuance of the permit, or the use has been abandoned, as
above, the permit shall become null and void, and the right to grant
a new permit in its place shall revert to the Town of Oakland, except
that the Mayor and Town Council of Oakland, for a good cause shown,
can extend the life of the permit as justice or fairness may require.
Each permit shall grant the right of one or
more equivalent residential use (ERU). A single-family residence shall
be deemed to require one ERU. Uses other than single-family residences
shall be investigated by the Town, and/or its engineers or the State
Health Department, and the Town shall thereby determine the number
of ERU's required for such uses, and the Town, if appropriate, shall
then issue the permit with the required number of ERU's, only at such
time as all fees are paid and all obligations fulfilled.
A.
A person obtaining a discharge permit shall have the
right to connect to the Town's collector system as provided for herein.
It shall be the responsibility of the permit holder to hire a contractor
and provide for and pay the costs of the installation of the lateral
and the actual connection to the Town's sewer main, and it shall be
the responsibility of the applicant to provide for and pay the cost
of a contractor to install and connect its lateral from the building
to the main collector line.
B.
The installation of the lateral and connection to
the Town's sewer main shall be under the control and subject to the
inspection of the Town, its engineers, or representatives. Under no
circumstances shall be trench in which a collector line has been laid
be backfilled, until the duly appointed representative of the Town
has inspected the connection to its main and certified, in writing,
that it meets the Town's requirements. In the event that such connection
does not meet the Town's requirements or damages the Town's sewer
main, it shall be the entire and sole responsibility of the permit
holder to pay the cost of any damages to the Town's sewer main done
by his contractor, and/or to adequately repair the same, and to repair
the connection so that it meets the approval of the Town inspector.
If the connection does not meet the Town's requirements or there is
any damage to the Town's sewer main, the applicant and/or the property
owner shall have 10 days, after the Town's request to do so, to repair
the same to the satisfaction of the Town, except in the case of an
emergency or where service is jeopardized or interrupted, in which
event the said repair shall be done immediately, or the Town shall
have the right to excavate, or reexcavate, if necessary, said line,
and repair any and all damage which may have been done to its sewer
main, and the entire cost thereof shall be assessed against and/or
paid by the applicant and/or property owner. To accomplish this purpose,
the Town shall have the right to enter upon the property of the applicant
with reasonable notice to the applicant. No backfilling shall be done
until such time as certification of approval of a Town inspector has
been given in writing. In the event that any sewer line which is directly
connected to the Town's sewer main is covered prior to inspection,
it shall be the responsibility of the permit holder, at his or her
sole expense, to reexcavate the line immediately upon the Town's request,
so that it can be inspected by the Town's representative, and thereafter
it shall be subject to the other provisions of this section. If reexcavation
is not done within 10 days of the Town's request, the Town shall have
the right to reexcavate the line itself, and the entire cost thereof
shall be assessed against and/or paid by the applicant and/or the
property owner.
A.
The Town shall charge an administrative fee for the
granting of any discharge permit allowing a connection to its system.
This fee shall be according to the Town of Oakland Water/Sewer Rates,
Services, Charges Ordinance.[1]
B.
In those areas where the Town has already provided
for and installed, at its own expense, a collector line from its sewer
main to the property line, the applicant shall be required to pay,
in addition to the above, the cost of construction of any new laterals
from the main, and any costs associated with that construction. Any
maintenance of said lines shall be the responsibility of the applicant
to the main. Thereafter, as provided for herein, it shall be the responsibility
of the permit holder to construct a line from the Town's main sewer
line to his plumbing system, and it shall be the responsibility of
the applicant to maintain the sewer line to the Town's main sewer
line.[2]
C.
The administrative fees set forth in this section
shall be in addition to any and all other costs required of or imposed
upon the applicant by this policy. In the event that the Town is required
to make more than one inspection or is required to employ engineers,
contractors or inspectors, etc., to carry out the terms hereof or
to pursue the Town's rights as herein set forth, the cost thereof
shall be borne by and assessed against the permit holder.
Specifications for sewer lines, connections,
etc., shall be in accordance with the adopted specifications of the
Town of Oakland. All contractors working on, or making connection
to, the sewer system of the Town of Oakland shall abide by said specifications,
and shall be subject to the further specifications and requirements
as may be set from time to time by the Mayor and Town Council of Oakland.
The said specifications are set forth on Exhibit A, which shall be
attached hereto, and shall be part hereof.[1]
[1]
Editor's Note: Said Exhibit A is available
from the Town offices.
