CITY OF TUSCALOOSA SANITARY SEWER ACCESS POLICY, 2007 AN OVERVIEW

1. CITY OF TUSCALOOSASANITARY SEWER ACCESS POLICY, 2007AN OVERVIEW

2. FINDINGS • Growth of a municipality is a legitimate governmental purpose. • A major negative factor for growth is the lack of or inadequate sewer capacity. • Millions of dollars in sanitary sewer infrastructure must be invested to grow the City. • The City must choose between increasing sanitary sewer capacity to serve users outside the City or directing these revenues into areas of future growth for the City.

3. GENERAL POLICY • Access to City Sanitary Sewers shall be permitted only if the same is a direct water customer of the City and is located within the corporate limits of the City of Tuscaloosa.

4. Disconnection of Sanitary Sewer Access • Any Access to City Sewers that is not located within the corporate limits of the City is unlawful and declared a public nuisance. If, at the end of a sixty day notice period, the Access still exists, the City Engineer shall cause the Access to be disconnected.

5. EXCEPTIONS • Area of Limited Sanitary Sewer Access. Vicinity of old and new Highway 69, south of the City. • Grant Sewers. Condition of such grant requires access be permitted without Annexation. • Public Facilities. If the City Council determines that such access serves to benefit the public health, safety and welfare.

6. Effective Date and Grace Periods • “Effective Date” 180 days after enactment. • “Approval Date” • Residential subdivision Planning Commission preliminary plat approval • Commercial or residential not subdivision, issue of Building Permit. • “Completion Date” 180 days from Approval • Residential subdivision, recording of plat. • Commercial or residential not subdivision, issue certificate of occupancy.

7. Sanitary Sewer Access PolicyEffective Date and Grace PeriodsTo Access without Annexation Date of Enactment Effective Date Date of Completion 180 days 180 days Date of Approval 180 days Date of Completion *Approval must be before Effective Date. Completion must occur 180 days after approval.

8. Appeal • Applicant that fails to meet the Completion Date to be eligible for Sanitary Sewer Access without annexation must: • file a written statement of appeal within thirty (30) days of Completion Date • have property which is legally impossible to annex • attribute failure to complete to facts and circumstances beyond reasonable control

9. GRANT OF APPEAL • Extension of the Completion Date of up to 180 calendar days from what would otherwise have been the Completion Date. • Pay all applicable tapping fees and charges. • Make annual payments in lieu of all applicable property taxes. • Annex the property as soon as it is legally practicable or in the alternative, voluntarily discontinue sanitary sewer.

10. Matters to keep in mind • This policy represents a dramatic change from the former city sewer access policy. • Many consequences and issues of implementing the new policy have been anticipated. • There will be situations that were not anticipated and that we cannot help. • There will be developers and builders whose plans are affected by this policy.

11. Matters to keep in mind(cont.) • Commercial developments are much more restricted than residential subdivisions. • Each structure must have permit before Effective Date and CO before completion date or no access. • A residence not in a subdivision is treated as a commercial development. • It is irrelevant when the Plat was approved or recorded. • Only buildings with CO before completion date may access sewer, no others.

12. Matters to keep in mind(cont.) • If a phase of a residential subdivision is not “complete,” no building may ever access sewers. • Buildings in a residential subdivision that are “complete” may access at any time in future. • If no “Approval” before Effective Date, no Access. • If not “Complete” by Completion Date, no Access.

13. END OFFICE OF THE CITY ATTORNEY