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(1) The sewer system's design capacity; <br />(2) The sewer system's available capacity; <br />(3) The projected wastewater flow to be generated by proposed new development; <br />(4) The impact of projects in the development pipeline on the sewer system's <br />available capacity; <br />(5) Projects appearing in the capital improvements program that will affect the <br />ability of the sewer system to serve new development; <br />(6) The sewer system's permitted treatment capacity as determined by the State <br />department of health; and <br />(7) Other variables found to have an effect on the ability of the sewer system to <br />accept the projected wastewater flow from new development. <br />(b) If the utility representative recommends that the sewer system be deemed <br />inadequate, pursuant to subsection _-22(a) of this chapter, then the planning director shall <br />determine the sewer system to be inadequate for the purposes of this chapter and therefore not <br />approve the application for new development in question, in all but the following situations when <br />sewer facilities may be deemed adequate for the purposes of this chapter by the planning <br />director: <br />(1) Projects in the capital improvements program will, according to the utility <br />representative, increase the sewer system's ability to support new <br />development, and a binding agreement specifies that development will take <br />place in a manner so that the start of construction for phases of development <br />found by the utility representative to result in inadequate sewer facilities <br />without sewer system improvements does not occur until the sewer <br />improvements specified in the capital improvements program are in place; <br />(2) A binding agreement specifies that the developer shall fund sewer system <br />improvements deemed necessary by the utility representative to provide <br />adequate sewer facilities, pursuant to subsection _-22(a) of this chapter, and <br />the developer agrees that development will take place in a manner so that the <br />start of construction for phases of development found by the utility <br />representative to result in inadequate sewer facilities without sewer system <br />improvements does not occur until the agreed upon developer funded <br />improvements are in place; <br />(3) A binding agreement specifies that the County and developer will jointly <br />improve the County's sewer system according to recommendations made by <br />the utility representative, pursuant to subsection _-22(a) of this chapter, and <br />requires the developer to develop in a manner so that the start of construction <br />for phases of development found by the utility representative to result in <br />inadequate sewer facilities without sewer system improvements does not <br />occur until such time as the agreed upon County and developer funded sewer <br />system improvements are in place; or <br />