§ 25-9-39. EXPIRATION OF SERVICE EXTENSION REQUEST APPROVAL.

(A)

This subsection applies to a service extension request approved before April 17, 2000.

(1)

Unless extended under this subsection or Subsection (D), the approval of a service extension request remains in effect until the latest of:

(a)

the date on which the preliminary plan expires for the property to be served by the service extension;

(b)

the second anniversary of the date on which the service extension request was approved if, on or before that date:

(i)

a preliminary plan for the property to be served has not been approved; and

(ii)

construction of the service extension has not begun; or

(c)

the third anniversary of the date on which the service extension request was approved, if:

(i)

on or before that date a preliminary plan for the property to be served has not been approved; and

(ii)

construction of the service extension began before the second anniversary of the date on which the service extension request was approved but, on or before the third anniversary of that date, construction of the service extension has not been completed and accepted for operation and maintenance by the City.

(2)

If construction of a service extension begins while the approval is in effect under Paragraph (1), the Director may extend the approval of a service extension request for the period of time estimated to be necessary to complete construction of the service extension.

(B)

This subsection applies to a service extension request approved after April 17, 2000, and on or before March 31, 2013.

(1)

Except as set forth in Paragraph(2) of this subsection, an approved service extension request expires on the latest of:

(a)

120 days after the date of its approval;

(b)

for a project with a pending development application, the date the application expires; or

(c)

for a project with an approved development application, the date the approval expires.

(2)

For a project with a recorded plat, the service extension request does not expire.

(3)

If a project's intensity, proposed land uses, or anticipated water or wastewater demands change, any such change must be reported to the Director and there must be an application for the amended service extension request unless the Director determines the change is not so substantial as to require an amendment.

(C)

This subsection applies to a service extension request approved on or after April 1, 2013.

(1)

Except as set forth in Paragraph (2) of this subsection, an approved service extension request expires on the latest of:

(a)

180 days after the date of its approval;

(b)

for a project with a pending development application, the date the application expires; or

(c)

for a project with an approved development application, the date the approval expires.

(2)

For a project with a recorded plat, the service extension request does not expire for the portion of the property that was platted.

(3)

If a project's intensity, proposed land uses, lot configuration, or anticipated water or wastewater demands change, any such change must be reported to the Director and there must be an application for the amended service extension request unless the Director determines the change is not so substantial as to require an amendment.

(D)

Under this section, if the approval of a service extension request requires cost participation from the City under a cost participation contract approved by the council:

(1)

construction of the service extension begins on the date that fiscal security is posted or money is deposited in compliance with the contract; and

(2)

the service extension request approval is extended until construction of the service extension is complete and the City accepts the mains and facilities constructed under the contract.

Source: Section 13-3-12(b), (d), and (e); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.