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Published Friday, July 03, 2009 in Local

Fischer Crossings will get sewers

By Sarah Fay Campbell

The Newnan Times-Herald

The long-stalled Fischer Crossings development at Highway 34 East at Fischer Road has life left in it after all -- and a Sam's Club is planned for one quadrant of the intersection.

On Thursday, Coweta County Water and Sewerage Authority approved a contract with Fischer Crossings to provide sewer service to the 105-acre property near Line Creek and Peachtee City in eastern Coweta. The authority approved a second contract with the buyers of the northwest corner of the intersection for sewer capacity to serve the proposed Sam's Club.

Under the terms of the agreement, Fischer Crossings will pay $850,000 toward the cost of running a sewer line from the property to tie in to the proposed county sewer line that will extend from Andrew Bailey Road to White Oak.

Fischer Crossings will also pay a $90,000 fee that will be paid to PEG, the consortium of banks running the line from Andrew Bailey to White Oak.

Lastly, Fischer Crossings will pay, over time, for an anticipated 94,600 gallons per day in reserved capacity.

The sewer line is expected to be complete and operational by January.

Authority Attorney Jerry Ann Conner told the authority members that the sewer line will be approximately three miles long.

Chairman Neal Shepard asked Authority General Manager Ellis Cadenhead if the plan is a good deal for the authority. "Yes it is," Cadenhead said. "And it's good for the county as a whole."

The sewer service will only be available for commercial and industrial customers. Residential service is prohibited.

Under the agreement, the $850,000 must be paid when the sale of the Sam's Club property to Bright-Meyers Peachtree City Associates closes, which is expected to happen around July 31. At the same time, Fischer Crossings must pay for 16,000 gallons per day of capacity, at $6 per gallon.

Once the sewer line project is complete, Fischer Crossings will be required to pay for 10,000 gallons per day each quarter. If any payment is missed, the remaining allocation will lapse, and future capacity will be allocated on a first-come, first-served basis.

As long as the capacity payments are made on time, and as agreed, Fischer Crossings will control all future taps along the line for a period of two years, and will have the right to charge users a tap fee for the privilege of tying on to the line.

The second agreement was with Eric S. Zorn, as trustee of Sam's Real Estate Business Trust.

The agreement states that the trust is under contract to buy 17.92 acres for a proposed Sam's Club. The Sam's Club allocation will be 5,400 gallons per day. The trust will be billed for the capacity within 30 days of the completion of the sewer line. The trust is required to pay for the capacity, at $6 per gallon, within 90 days of the completion of the sewer line project, or within 30 days of the receipt of the invoice, whichever is later.

The Fischer Crossings development was originally set to be served by a decentralized wastewater treatment system network.

In April 2007, the Coweta County Board of Commissioners approved a rezoning and special use permit for 36 acres on Fischer Road, just north of Wynn's Pond Road, for the wastewater treatment system. The property was zoned commercial with a special use permit for the wastewater system. Under county regulations in place at the time, property for a wastewater treatment system had to have the same zoning classification as the property it would serve.

When the rezoning was done, a condition was added that, if the property is not used for the system, the zoning will revert back to what it was previously -- in this case, Rural Conservation.

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