Section 1163 - Sewer extensions1. Assurance. A sanitary district may not construct any sewer extension unless it acquires from the municipal officers or the designee of the municipal officers of any municipality through which the sewer extension will pass written assurance that:A. Any development, lot or unit intended to be served by the sewer extension is in conformity with any adopted municipal plans and ordinances regulating land use; and [1995, c. 636, §1(RPR).]B. The sewer extension is consistent with adopted municipal plans and ordinances regulating land use. [1995, c. 636, §1(RPR).] If the municipal officers fail to issue a response to a written request from a district for written assurance within 45 calendar days of receiving the request in writing, the written assurance is deemed granted.
Not less than 7 days prior to the meeting at which the trustees will take final action on whether to proceed with the extension, the trustees of the district shall publish notice of the proposed extension in a newspaper having a general circulation that includes all municipalities through which the sewer extension will pass.
[1995, c. 636, §1(RPR).]
2.Appeal. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to subsection 1, an aggrieved party may appeal, within 15 days of the decision, to the Department of Agriculture, Conservation and Forestry for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter 4, the following procedures apply to the review by the Department of Agriculture, Conservation and Forestry. A. The Department of Agriculture, Conservation and Forestry may request any additional information from the sanitary district, the municipality or the department. All information requested by the Department of Agriculture, Conservation and Forestry must be submitted within 30 days of the request, unless an extension is granted by the Department of Agriculture, Conservation and Forestry. [2011, c. 655, Pt. JJ, §38(AMD); 2011, c. 655, Pt. JJ, §41(AFF); 2011, c. 657, Pt. W, §5(REV).]B. Within a reasonable time, the Department of Agriculture, Conservation and Forestry shall hold a hearing. The Department of Agriculture, Conservation and Forestry shall give at least 7 days' written notice of the hearing to the sanitary district, the municipality and the party that requested the hearing. The hearing is informal and the Department of Agriculture, Conservation and Forestry may receive any information it considers necessary. [2011, c. 655, Pt. JJ, §38(AMD); 2011, c. 655, Pt. JJ, §41(AFF); 2011, c. 657, Pt. W, §5(REV).]C. Within 15 days of the hearing and within 60 days of the request for review, the Department of Agriculture, Conservation and Forestry shall make a decision that must include findings of fact on whether the sewer extension proposal is inconsistent with adopted municipal plans and ordinances regulating land use. The decision of the Department of Agriculture, Conservation and Forestry constitutes final agency action. [2011, c. 655, Pt. JJ, §38(AMD); 2011, c. 655, Pt. JJ, §41(AFF); 2011, c. 657, Pt. W, §5(REV).]D. Notwithstanding subsection 1, if the Department of Agriculture, Conservation and Forestry determines that the sewer extension proposal is not inconsistent with adopted municipal plans and ordinances regulating land use, the Department of Agriculture, Conservation and Forestry shall issue written assurance that the proposal is consistent with adopted municipal plans and ordinances regulating land use, and the sanitary district may construct the sewer extension. [2011, c. 655, Pt. JJ, §38(AMD); 2011, c. 655, Pt. JJ, §41(AFF); 2011, c. 657, Pt. W, §5(REV).] [2011, c. 655, Pt. JJ, §38(AMD); 2011, c. 655, Pt. JJ, §41(AFF); 2011, c. 657, Pt. W, §5(REV).]
Amended by 2012, c. 655,§ JJ-38, eff. 7/1/2012.1981, c. 466, § 9 (NEW) . 1993, c. 721, §B3 (RPR) . 1993, c. 721, §H1 (AFF) . 1995, c. 636, § 1 (RPR) .