[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 147, Art. III, of
the 2013 Code.]
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
All applications for the construction of sewer and water mains,
whether by persons, developers, corporations, contractors, or otherwise,
shall be in the form of a petition addressed to the City Council,
in compliance with the rules of the Council and having inscribed on
the face thereof a recommendation by the Community Services Director,
or designee, and by the Planning Board, signed by the Chair and Secretary
of the Planning Board; provided, however, that in the case of water
main extension or sewer lines, the petition shall also bear the approval
of the Utilities Commission.
The Council in finance session, upon investigation of costs
of construction, materials or any other factor involved in such installation,
may, by majority vote, grant the petition at any regular or special
meeting of the Council.
All construction shall be under the supervision of the Community
Services Director, or designee.
The Council may require that a petitioner file with the City
Clerk such rights-of-way, releases, completion bonds, payment bonds
or any other instruments reasonably consistent with any such construction,
and the City of Dover shall be the grantee, insured or payee of any
such instrument.
The petitioner shall pay full costs for any such construction
of sewer or water mains and installation, and full title to the same
shall, upon acceptance by the City Council, be in the City of Dover.
All construction of water mains and sewers shall be under the
direct control of the City Council and Dover Utilities Commission,
but any heads of departments having the duty of repair and/or maintenance
of these installations may make rules and regulations governing the
same, subject to confirmation by the Council.
A.
Special assessments may be created in response to petitions for the
extension of water or sewer lines in accordance with the provisions
below.
(1)
If other property owners intervene between the land of the petitioner
and the end of the City's water or sewer facilities, they may join
by application, in writing, with the petitioner. The application must
be made through the office of the City Clerk.
(2)
The Community Services Director, or designee, City Engineer, representative
of the Utilities Division and a representative of the Waste Water
Treatment Plant shall act as a board to determine the proportionate
cost to each intervening applicant. However, after determining the
proportionate cost, it shall be duty of the Finance Director to carry
out all financial details of the board.
(3)
The basis of determining such shall be the proportion of the frontage
owned by the applicant by which the extension extends to the total
distance of the extension. The sewer line may be figured on a per-lot
basis.
(4)
No property owner shall be forced to join with the petitioner, but
if, after the facilities have been installed to the petitioner and
any intervening applicants, an intervening landowner desires to take
advantage of said facilities, he may petition the Community Services
Director, or designee, for such right.
B.
Special assessments may be developed for water or sewer line extensions
that are initiated by the City in accordance with the follow provisions:
(1)
The City Council may, by resolution, enact specific rules and procedures
for said assessment that establish the cost of the proposed improvement,
identify the boundaries of a betterment district, establish the percentage
of the cost of the proposed improvement that is to be borne by the
City, establish the pro rata share assigned to each property owner
within the betterment district, and identify the maximum number of
installments in which the special assessment may be paid. Any such
proposal for the establishment of a special assessment for the extension
of a water line and any such proposal for the establishment of a special
assessment for the extension of a sewer line shall be referred to
the Dover Utilities Commission for its review and recommendations.
(2)
The special assessment may be based upon the length of frontage,
amount of land area, or other factors deemed appropriate by the City
Council.
(3)
If the expenditures of the proposed improvement are to exceed $1,000,
a public hearing shall be held by the City Council, and action by
the Council shall not be taken earlier than seven days after said
hearing.
C.
The proportionate share of each abutter along the line of construction
and installation, or the proportionate share of each property owner
within the betterment district, shall become a lien on such property
as to real estate taxes until full payment of said proportionate share
of full costs, including financing, is made. Payment may be as follows:
(1)
The petitioner, applicant or late petitioner may pay his proportionate
share in cash for the full amount at the time the obligation is incurred
or enter into an agreement with the City of Dover that said proportionate
share of all costs may be paid in equal installments over a period
of time equal to the full term of the bond or a lesser period. Said
agreement is to be recorded with the Strafford County Registry of
Deeds at the expense of the petitioner, applicant or late petitioner.
All the funds relating to sewer and water extensions under these provisions
shall be placed in a special fund for payment of bonds, interest and
charges pertaining thereto.
(2)
All fees for permits, licenses, etc.: see Fee Schedule.
(3)
Abatements may be granted in accordance with the rules and regulations
of the Dover Utilities Commission.
A.
There hereby is created a Board of Appeal, composed of the Mayor, Finance Director and the City Assessor, to hear appeals from § 121-30C.
B.
Any petitioner, applicant or late petitioner dissatisfied with the
determination of his proportionate share of costs by the Board of
Appeal as set forth above may appeal said assessment to the Dover
Utilities Commission.
Upon recommendation of the Mayor and the Dover Utilities Commission,
the Council, by a two-thirds vote, may suspend the provisions of this
article. All recommendations and the evidence supporting the same
shall be in writing and submitted to the City Clerk, according to
the rules of the Council.
If a provision of this article is found to be in conflict with
any provision of any zoning, building, safety or health or other ordinance
of the City of Dover, that ordinance which, in the judgment of the
Director of Community Services or the Board of Health, establishes
the higher standard of safety and protection of health shall prevail,
and that ordinance or provision which sets the lower standard is hereby
declared to be invalid to the extent that is found to be in conflict
with the ordinance or provision which sets the higher standard.
The invalidity of any section, clause, sentence or provision
of this article shall not affect the validity of any other part of
this article which can be given effect without such invalid part or
parts.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any provisions of
this article shall, upon conviction, be subject to a fine as provided
in the City Fine Schedule for each violation. Each day in which any
such violation shall continue beyond the time limit shall be deemed
a separate violation.
