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2020 SESSION

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SB 360 Water, sewerage, and drainage; standards for installation by developer, policies for reimbursement.

Introduced by: John A. Cosgrove, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Installation of certain facilities by developer; reimbursement. Authorizes a locality that has adopted an ordinance for payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, and drainage facilities to also provide in its subdivision ordinance that, when adequate water, sewerage, or drainage facilities are not available to serve a proposed subdivision or development, the subdivider or developer of the property may be permitted to install reasonable and necessary water, sewerage, and drainage facilities, located on or outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area and provides certain requirements for reimbursement of such installation.

SUMMARY AS PASSED SENATE:

Installation of certain facilities by developer; reimbursement. Provides specific parameters to address the installation of reasonable and necessary sewerage and water facilities located on or outside the property limits of the land owned or controlled by the developer or subdivider that is necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. Such developer or subdivider shall be entitled to reimbursement of its costs, including a new mechanism for connection fee reimbursement, by any subsequent developer or subdivider that utilizes the installed sewerage or water facility, except for those costs associated with the installing developer's pro rata share. The bill provides authority, at the developer's option, for reimbursement for the water and sewer facility in exchange for entitlement to water or sewer connection or capacity fees otherwise due to the locality imposed upon the developer's lots within its development or subdivision.

SUMMARY AS INTRODUCED:

Installation of certain facilities by developer; reimbursement. Provides that a locality may require a subdivider or developer to install reasonable and necessary sewerage and water facilities located on or outside the property limits of the land owned or controlled by the subdivider or developer that is necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. Such subdivider or developer is entitled to reimbursement of its costs by any subsequent subdivider or developer that utilizes the installed sewerage or water facility, except for those costs associated with the installing developer's pro rata share.