Montclair Municipal Code Art. IX Sewer Reimbursement Districts

As used in this chapter, "reimbursement agreement" means a contract entered into between the City and any other entity providing for the construction of sewer facilities by said entity and for the collection by the City of a fee or charge for the connection with such sewer facilities by any other party. Reimbursement to said entity shall be made from the proceeds of such collections.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1001)

Whenever an entity, as referred to in Section 9.20.480 of this chapter, has been required by the City to install main line sewer facilities as a condition precedent to the issuance of a building permit, or as a condition precedent to the approval of a tentative or final subdivision map, or for any other reason the City Council deems to be in the public interest, and said entity agrees to construct such facilities at its sole expense in accordance with the requirements of the City, and it is found by the City Council that such facilities will be for the benefit of, or usable by, other properties in the City adjacent to such sewer, the City Council may, by resolution, approve a reimbursement agreement with said entity whereby the City shall collect from any other person using or connecting with such facilities a charge for making such connection. No such agreement may be entered into unless the sewer facilities are designed and constructed pursuant to all City design standards and requirements, and said entity also agrees thereby to dedicate such sewer facilities to the City for public use.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1002)

Upon the execution of a reimbursement agreement, there shall be established a reimbursement district consisting of those properties the City Council finds will be benefited by such facilities.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1003)

Charges shall be made only to those persons desiring to connect to such sewer facilities with property lying in whole or in part within such reimbursement district. A map of the district and a schedule of the charges necessary to make connection to such sewer facilities shall be maintained by the City.

After the execution of a reimbursement agreement, no other person shall connect to the sewer facilities indicated thereon without payment of the charges provided for in Section 9.20.550 of this chapter. No building or construction permit shall be issued until the City Treasurer has certified that the payment, as required by the reimbursement agreement, has been made; however, no reimbursement shall be forwarded until the entity who originally paid for said installation has fully complied with all the terms and conditions in the reimbursement agreement.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1004)

There is created a sewer reimbursement liability account within the General Fund, and all charges made and received in accordance with reimbursement agreements entered into pursuant to this article shall be deposited in such account. Payments to the entity as provided in the reimbursement agreement shall be transferred semiannually to the entity, together with a description of the properties for which the payments have been made. These payments are subject to an administrative fee as provided in the reimbursement agreement. Any amounts remaining in such account after all disbursements have been made to the entity shall be transferred annually to the Sewer Fund.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1005)

No disbursements of funds collected as provided in the reimbursement agreement shall be made to the entity after 10 years from the dedication of such facilities to the City for public use.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1006)

Nothing in this article shall be construed as requiring the City to enter into any such reimbursement agreement even though it may have required the installation of off-site facilities, nor shall the City be liable for any reimbursement of the cost of such facilities except from the proceeds of such charges actually collected by the City.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1007)

Any person who elects to connect to a sewer in a reimbursement district shall make a written application to the City Engineer.

If the City Engineer finds that the property described in such application for a sewer connection is located within a reimbursement district as defined in Section 9.20.500 of this chapter, and for which the City has reimbursed, or has agreed to reimburse, such entity who originally paid for the sewer improvements, the City Engineer shall determine the appropriate connection charge, as scheduled pursuant to Section 9.20.510 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1008)

For each entity requesting a reimbursement agreement with the City that will involve the processing of reimbursement documents and maps, the applicant shall pay, in addition to the plan-checking fee pursuant to Section 9.20.270, a reimbursement district document fee as established by City Council resolution.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1009)

A. The City shall endeavor to collect such costs as called for in Section 9.20.550 and cause the sum so collected to be refunded as provided in subsection B of this section, but the City shall not be liable for any failure to make such collection or refund. Such obligation to collect such cost shall terminate 10 years from the date of such contract.

B. All sums so paid by any property owner shall be refunded to the entity, who shall have contributed toward the construction of such sewer facilities and who entered into a reimbursement agreement with the City, in proportion that the amount contributed bears to the entire amount contributed, less that portion distributed against the property of the entity who entered into such reimbursement agreement.

C. It shall be the obligation of the entity to inquire of the City whether any amounts have been paid to the City by a property owner who did not contribute toward the cost of the construction of the sewer facilities. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within one year after it is deposited, such money shall be forfeited to the City and transferred to the General Fund of the City.

D. The City may contribute toward the construction of any such sewer facilities; and if it does so, it shall be entitled to a refund under the same provisions and method set forth in this section.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1010)