ARTICLE 1. GENERAL PROVISIONS
4--101. Purpose of Chapter. This Chapter is intended to provide rules and regulations for the orderly allocation of water and sewer connections. This chapter recognizes the fact that the District has a limited amount of water available and a limited sewage system capacity. This Chapter is adopted pursuant to the District_s implied power to promulgate regulatory means which guarantee the fair, nondiscriminatory distribution of water service and sewer service in a situation where the demand for service exceeds the existing or prospective capacity of either the water works or the sewage works, or both.
4--102. Eligibility for Connection to Water Works or Sewage Works. No lot or parcel of land created or annexed to the District after April 24, 1986, shall be eligible for water or sewer service unless otherwise determined by the Board pursuant to Section 1-102. No lot or parcel of land zoned “C-1 Limited Commercial District” pursuant to Chapter 20.088 of the Mendocino County Zoning Code - Division I and which was listed as a commercial lot pursuant to Paragraphs 34 and 38 of the Declaration of Covenants, Conditions and Restrictions of Brooktrails Vacation Village shall be provided more than one water service nor shall the requirements of this code for one service for each family residential unit be waived. All other premises or other requests for more than one water service shall be connected in the chronological order complete applications were received pursuant to this code.
ARTICLE 2. DEFINITIONS
4--201. Definitions. The following terms shall have the meaning indicated for purposes of this chapter:
(a) Application shall mean an application for water service or sewer service connection made pursuant to this code.
(b) Applicant shall mean the person making the application.
(c) Regulatory Agency shall mean any Federal, State, County or municipal agency or court having the authority to limit or prohibit the District from expanding either its water service or sewer service.
(d) Moratorium shall mean the receipt by the District of a notice or order from a regulatory agency prohibiting the District from making additional water service connections or sewer service connections or shall mean the receipt of the complete water or sewer service application which when added to all other existing connections and complete applications constitutes the number of such connections permitted by a permit from a regulatory agency.
ARTICLE 3. ALLOCATION PROCEDURES - MORATORIUM
4--301 . Resolution of Moratorium. In the event that a moratorium is imposed upon the District, the Board shall adopt a resolution declaring that the provisions of this Article are in effect for the duration of the moratorium.
4--302. Receipt of Applications. The District shall continue to receive applications and in doing so shall maintain a list recording the chronological order in which completed applications are received.
4--303. Allocation of Connections. As capacity to make connections becomes available, the available connections shall be allocated to applicants in the chronological order in which applications were received by the District. When a connection becomes available to an applicant, such applicant will be notified by written notice addressed to the address appearing on the application. The applicant shall have forty--five (45) days following the tendering of notice to notify the District in writing that the applicant is ready to proceed, to produce a valid building permit for the structure to be served by the connection and to pay all connection fees and other charges imposed by this code or other regulation or law, applicable at the time of notification. If the applicant does not comply with all provisions evidencing readiness, the applicant shall be notified that the allocation is terminated. Thereupon, the next applicant in chronological order shall be notified and given the opportunity to proceed by establishing readiness.
4--304. Terminated Loss of Allocation. The allocation shall be terminated for any connection allocated during a moratorium in the event that a physical connection is not accomplished within 180 days following the applicant_s notification of readiness to the District. Delays solely attributable to the District shall not be computed in the available time for connection.
4--305. No Refunds. In the event that a water service permit or sewer service permit is terminated for any reason set forth in this Chapter, the permit holder shall not be entitled to a refund.
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