Chapter 13.12
UTILITY SERVICE CONNECTIONS

Sections:

13.12.010    Separate service connection requirements.

13.12.020    Reserved.

13.12.030    Regular utility service – Rules and regulations.

13.12.040    Water main extensions.

13.12.045    Construction of sewers permitted when.

13.12.046    Extensions – Specifications and costs.

13.12.047    Extensions – Completion conditions.

13.12.048    Disconnection and reconnection procedures.

13.12.050    Fire-protection service.

13.12.060    Water service outside city limits.

13.12.070    Temporary water service.

13.12.010 Separate service connection requirements.

A. Every single-ownership property which cannot legally be further subdivided, and which was constructed after February 6, 1984, must have a separate sewer and water connection. These properties include, but are not limited to, multiple-family apartments, condominiums, mobile home parks and commercial or industrial establishments.

B. Multi-users with more than one unit located in common ownership on a single parcel of property shall also comply with the Oregon State Plumbing Specialty Code. (Ord. 15-05 § 2, 2015)

13.12.020 Reserved.

(Ord. 15-05 § 2, 2015)

13.12.030 Regular utility service – Rules and regulations.

A. The city shall furnish and install a utility service connection of such size and location as a customer requests; provided, that the request is reasonable and is in compliance with provisions of the Oregon State Plumbing Specialty Code, the city’s design standards, and the utility code.

B. The city will install the water service from the main to a point between the curb line and the property line of the premises, if the main is in the street, or to a point in a city right-of-way or easement.

C. The customer or property owner must furnish, install and keep in good and safe condition equipment that may be required for receiving, controlling, applying and utilizing any city utility, and the customer or property owner must do so at their own risk and expense.

D. The city is not responsible for loss or damage caused by the improper installation of the equipment used for receiving a city utility service, or the negligence, want of proper care, or wrongful act of the customer or customer’s agent in installing, maintaining, using, operating or interfering with the equipment.

E. The city is not responsible for damage to property caused by a spigot, faucet, valve or other equipment that is open when water service is turned on at the meter.

F. A customer making any material change in the size, character or extent of the equipment or operation utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the city written notice of the nature of the change and, if requested, amend the customer’s application.

G. Any utility service connection, whether located on public or private property, is the property of the city, and the city reserves the right to repair, maintain and/or replace it.

H. The customer may not install booster pumps for the purpose of increasing water pressure or delivery without the express written permission of the public works director. (Ord. 15-05 § 2, 2015)

13.12.040 Water main extensions.

Whenever a public improvement is to construct or extend a water main, the following shall apply:

A. Extension of all lines will be to the farthest edge of the property requesting service, unless otherwise authorized by the city engineer.

B. A minimum six-inch line shall be used on all extensions, unless a smaller line is approved by the city engineer.

C. The city will share in the cost of water lines larger than six inches in diameter by paying the difference in cost between a six-inch line and the larger size, except:

1. When a new development requires a larger line to provide adequate service, as determined by the city engineer;

2. Only pipe and fitting materials will be paid by the city unless the line size is greater than 10 inches in diameter.

D. The property owner requesting the extension must pay the cost for extending new water lines (see Chapter 12.08 SMC, Public Improvements). If a property owner requests service from a portion of the water line provided by the original developer, then the city shall collect a proportionate share of the water line cost, and reimburse the original developer or assignee that amount, less administrative costs. This reimbursement policy shall continue for 10 years from the date of line construction, and then end.

E. When service is requested by a developer from an existing line less than six inches in diameter, the city engineer will determine if both fire protection or domestic flow are adequate.

1. If fire protection is not adequate to either the new structure or neighboring structures, but domestic flow is adequate, then service will be allowed. However, an advance assessment or waiver of remonstrance for the cost of future upgrading of the line will be collected or obtained before any service connections are completed.

2. If both fire protection and domestic flow are inadequate, the developer must replace all lines necessary to adequately supply both fire and domestic flows as determined by the city engineer; however, in no case will the line be replaced to a size less than six inches in diameter. If the property or properties were previously assessed by the city for an undersized line, a credit will be given toward construction of a new line. The developer shall initiate the request for credit, and shall provide written documentation to the satisfaction of the city manager that the assessment is valid. Upon construction of the new line, the developer shall have the right of reimbursement from new water users on the new line. The right to reimbursement shall continue for a period of 10 years and then end.

F. Costs of any construction pursuant to the utility code shall include not only the water line, but also the cost of replacing street paving, sidewalks, driveways, and other improvements damaged during construction. (Ord. 15-05 § 2, 2015)

13.12.045 Construction of sewers permitted when.

The city council, within its judgment, may provide that persons within the city not now served by the public sewer system and desiring to be served by a public sewer be allowed to construct the sewer on such properties all in accordance with plans and specifications as approved by the public works director and the DEQ. (Ord. 15-05 § 2, 2015)

13.12.046 Extensions – Specifications and costs.

All extensions of city sewer lines shall adhere to the applicable provisions of the Silverton public improvement ordinance (see Chapter 12.08 SMC) and the public works design standards. In addition, such sewer extensions shall conform to the following:

A. Extensions of all lines will be to the far end of the property requesting service. If, however, the terrain or other physical features prevent future extensions of the sewer line beyond the property, then the sewer extension may terminate at a point perpendicular to the last possible developable site.

B. A minimum of eight-inch sewer line size shall be used on all extensions; however, the last nonextendable 250 feet of sewer line may be six inches in diameter. In all cases, the public works director will determine the size.

C. Sewer service will be required from the fronting street unless both natural terrain prohibits and the public works director determines a minimum of three properties will be better served from a main to be constructed through a permanent public utility easement. All such easements shall be of adequate dimensions to allow for all repair and replacement with conventional equipment.

D. The city will share in the cost of a sewer line larger than eight inches in diameter by paying the difference in cost between an eight-inch line and the larger size, subject to the following conditions:

1. Participation shall be governed by limits placed on the city budget.

2. The city will not in any case share in costs for lines larger than eight inches if the new development requesting service requires the larger line for its own use.

3. When the line size is greater than eight inches in diameter, but not greater than 10 inches, only the difference between eight-inch and the larger pipe and fitting material costs may be paid by the city. When the line size is greater than 10 inches in diameter, pipe and fitting material costs above that for an eight-inch line may be paid by the city. In addition, when the line size is greater than 10 inches in diameter, normal installation costs (i.e., excavation, bedding, backfill and surfacing above that for 10-inch line) may be paid by the city. In all cases where a developer is requesting city cost-sharing, records and receipts shall be provided to the satisfaction of the public works director. The director will determine if the request is justified and authorize or deny reimbursement accordingly.

E. The cost for extending new sewer lines shall be the responsibility of the owner requesting service. If a newly developed property requires service from a portion of the sewer line paid for by the original developer, then the city shall collect a proportionate share of the sewer line cost and reimburse the original property owner or assignee that amount, less administration costs. This reimbursement policy shall continue for 10 years from the date of line construction and then end.

F. When service is requested by a new development fronting a sewer line less than eight inches in diameter, the public works director will determine whether average peak hydraulic capacity will be exceeded with the additional inflow. If the capacity will be exceeded, then the developer will be required to pay for the replacement of all undersized lines, including manholes and cleanouts, necessary to correct hydraulic deficiency.

1. Upon replacement of any undersized line, at the property owner’s expense, the owner or the owner’s assignee may be eligible for city cost-sharing and reimbursement by other developers in a manner similar to new sewer line extensions.

2. Also, if the city previously assessed the property for the undersized line, a credit of the original assessment amount will be given toward construction of a new line. The property owner shall initiate any request for such credit and shall provide written documentation to the satisfaction of the city manager that the assessment is valid.

G. The requesting property owner(s) must pay an engineering fee to the city, based on services provided for design, inspection and/or contract administration. (Ord. 15-05 § 2, 2015)

13.12.047 Extensions – Completion conditions.

A. When a sewer extension is to be completed by a private contractor under supervision of the public works director, the city and the person(s) doing the work shall agree as to the time within which the sewer extension work shall be completed.

B. Upon completion and acceptance of the work by the public works director, all sewer mains, laterals and service connections shall become the property of the city free and clear of any and all expenses for the construction and installation thereof. The person completing the work shall, prior to turning over the work to the city, provide a plat showing all of the property served by the completed construction and lots, parts of lots or parcels of ground actually connected to the sewer extension, and where connected.

C. Each of the owners of such lots, parts of lots or parcels of land shall, when connecting to the sewer, pay to the city a system development charge and service connection charge for the type of property served.

D. The person completing the work shall provide a one-year bond or other suitable security which will indemnify the city against loss should the sewer extension prove faulty. In addition, prior to acceptance of the work by the city, the person completing the work shall be required to televise the sewer extension one year from the date of completion of the work. (Ord. 15-05 § 2, 2015)

13.12.048 Disconnection and reconnection procedures.

A. When any structure connected to the sewer system is destroyed by an act of God, is removed or is torn down, and/or no longer usable, it shall be required to disconnect from the sewer. The owner shall advise the city, stating the date of destruction or removal of the structure, and pay all user service charges to the date of destruction or removal, and thereafter no user service charge shall be made to the property until new improvements, if any, are placed on the property.

B. When the property is relieved from user charges and then reconnected to the sewer, the city shall determine whether the property had paid into the sewer fund the amount required while the property was using the sewer. If the property had paid user service charges equal to the amount required under sewer rates that were in effect at the time of disconnecting from the sewer, no additional charges will be levied.

C. In addition, when a building with sewer service is destroyed, or relocated to a different property and thereafter replaced by a new building within three years from the date of destruction or removal, the city shall not levy a system development charge for the new building unless the new building constitutes an increase in use under the system development charge schedule currently in effect. If the replacement building requires a greater system development charge when compared to the destroyed or relocated building previously on the same site, then a credit will be given on the replacement building system development charge equal to that of the previous building fee, and when the above provisions of this section are met.

D. The current system development charge schedule will be used for all comparisons and credit determinations under this section.

E. When a destroyed or relocated building is not replaced by a new building within five years of the date of destruction, then any replacement building shall pay the difference in system development charges in effect at the time of application for sewer service and the date of destruction or relocation of the building. (Ord. 15-05 § 2, 2015)

13.12.050 Fire-protection service.

Fire-protection facilities and their use shall be allowed or required under the following conditions:

A. When a building has a fire-protection service which is separate from the regular service to the building, an approved proportional meter or detector check may be required. The owner of the building shall agree in writing that water supplied through this service will not be used for any purpose except for extinguishing a fire. An authorized city inspector shall be allowed to enter all premises with fire-protection services, for the purpose of determining any irregularities in proper use of the fire-protection facilities. If the city engineer determines a fire-protection facility within the bounds of a private property has been used for purposes other than extinguishing a fire, the city engineer may require immediate installation of an approved proportional meter or detector check, or disconnection of the fire-protection facilities from the city water system. All unauthorized use of fire-protection facilities shall be considered a violation of the utility code.

B. Water shall only be obtained from public fire hydrants under the direction of the fire department or department of public works.

C. The fire chief may require installation of fire-protection facilities to any new development which is not readily serviced from a hydrant located on the public right-of-way. The developer shall bear the full cost of installing all fire-protection facilities, including system development charges, inspection fees, and user fees required by the utility code. In addition, all unmetered fire lines shall be subject to construction standards adopted by the city, and require full inspection by the public works director or the director’s designee. (Ord. 15-05 § 2, 2015)

13.12.060 Water service outside city limits.

The following conditions apply to providing water outside city limits:

A. Existing Customers. Customers outside the city limits will continue to receive city water until such time as the public works director determines that it is no longer cost-effective to maintain the existing line(s). The city manager must approve the public works director’s determination.

1. As long as the city continues to supply water to existing customers, the city is not liable for the pressure and quantity of water outside city limits.

2. The city has no liability for failure to provide service, or for any failure of the system.

3. Any customer being served with water outside city limits must comply with the provisions of the utility code.

B. New Customers. New water service outside city limits is not allowed unless the property owner and the city first agree to annexation. (Ord. 15-05 § 2, 2015)

13.12.070 Temporary water service.

A. Temporary water service connections shall be disconnected and terminated within six months after installation, unless the public works director grants an extension of time.

B. Charges for water furnished through a temporary service connection shall be at the established rates for other customers of the same classification.

C. The temporary service customer is required:

1. To pay to the city, in advance, the estimated cost of installing and removing the facilities to furnish the service;

2. To deposit an amount sufficient to cover bills for water during the entire period temporary service may be used, or to establish credit approved by the city manager or manager’s designee;

3. To deposit with the city an amount equal to the value of equipment loaned by the city. This deposit shall be refundable under the terms of subsection (D) of this section.

D. The customer must use all possible care to prevent damage to the meter or other equipment loaned, which equipment is involved in furnishing the temporary service by the city from the time it is installed until it is removed, or until two business days after the applicant/customer gives notice in writing to the city that the contractor or other authorized person has no further need of the equipment. If the meter or other equipment is damaged, the customer must pay the cost of making repairs. (Ord. 15-05 § 2, 2015)