A.
In a case where multiple developers and/or property
owners propose to jointly utilize the future core infrastructure of
an existing or proposed sanitary sewer drainage basin at the same
time, the costs of the associated improvements for each developer
shall be based on the percentage of flow, as defined in the technical
feasibility study, that each development will contribute to the core
infrastructure in said drainage basin defined by the Department of
Public Works in the best interest of the County. If the County participates
financially in the construction of the core infrastructure of said
basin, then the associated costs for each developer shall be specified
in a public works agreement. The contributions from each developer
must be bonded. The County shall design and construct the improvements
in a publicly bid process and allocate the costs to each developer
in accordance with the signed public works agreement. If the County
does not participate financially, the developers are free to execute
the design and construction of the core infrastructure privately without
a public works agreement.
B.
In a case where multiple developers and/or property
owners propose to jointly utilize the future core infrastructure of
an existing or proposed sanitary sewer drainage basin at different
times, the cost of the associated improvements shall be based on the
percentage of flow, as defined in the technical feasibility study,
that each development will contribute to the core infrastructure in
a drainage basin defined by the Department of Public Works in the
best interest of the County. Percentages of flow calculations shall
be based on density of existing zoning at the time of initial development
of the core infrastructure. The developer(s) first to be served and
the County shall pay for the improvements on this percentage basis;
however, the County shall be reimbursed for capital outlays plus interest
by future developer(s). The reimbursement shall be based on the percentage
of flow that each future development will contribute to the core infrastructure
up to the percentage of the improvements not utilized by the initial
or subsequent developer(s). If future development is upzoned to a
higher density than the one used in the initial calculations, said
future developer(s) shall be responsible for all upgrades necessary
to accommodate the increased density. If the County participates financially
in the construction of the core infrastructure of said basin, then
the associated cost for the initial developer and the subsequent reimbursement
percentages for the future developer(s) must be specified in a public
works agreement. The contributions from each initial developer must
be bonded. The County shall design and construct the improvements
in a publicly bid process, and allocate the costs in accordance with
the signed public works agreement. If the County does not participate
financially, the developers are free to execute the design and construction
of the core infrastructure privately without a public works agreement.
The sewer infrastructure shall be legally and technically available
to all property owners in said basin. Availability of sewer service
shall be as defined in the DNREC regulations governing the design,
installation, and operation of on-site wastewater treatment and disposal
systems. Costs allocated to future developers shall be reimbursed
to the County prior to plot plan recordation or site plan approval,
whichever applies.
C.
No public funds will be utilized for any extension
outside the growth zone. Costs will be borne exclusively by the developer(s).
