PUBLIC SEWER SYSTEM Sample Clauses

PUBLIC SEWER SYSTEM. Owner acknowledges that flows of sewer from the Property into the City’s public sewer system will be limited based on the capacity of City Lift Station 97. Whenever the City determines that a proposed development of a lot or parcel within the Planned Development may cause the existing capacity of the lift station to be exceeded, the City may require the developer/property owner to do either of the following as a condition of site plan approval: (1) Provide the required upgrades to the lift station, at the developer/owner’s sole cost; or (2) Where the City determines that the nature of the impact from the proposed development project is such that it would not otherwise be feasible (from a cost or technical standpoint) to construct an upgrade, the City may instead require the developer/property owner to pay the City a sum sufficient to pay for a portion of the cost of the smallest upgrade in capacity that would, in the City’s determination, be feasible. The portion to be paid will be the proposed development’s pro rata share of the excess capacity created by the upgrade determined by the City to be feasible. For example, where the proposed development would cause existing flows to exceed capacity of Lift Station 97 by 10% and the City determines that an upgrade would need to increase the capacity of the Lift Station 97 by 50% in order to be feasible, the City will require the owner or developer to pay 20% of the projected cost of such upgrade. In such instance, the City will retain the payment made and apply it towards the cost of the upgrade when it is made. In either instance, the term “cost”, includes permitting, design, and construction; and the upgrade will be made to City standards.
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PUBLIC SEWER SYSTEM. Owner acknowledges that flows of sewer from the Property into the City’s public sewer system will be limited based on the capacity of City Lift Station

Related to PUBLIC SEWER SYSTEM

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