Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.010 UTILITY OPERATIONS.
15.01.020 DEFINITIONS.
15.01.030 UTILITY SERVICE AGREEMENT.
15.01.040 CONDITIONS OF SERVICE - RETAIL.
15.01.050 CONDITION OF SERVICE - CONTRACT.
15.01.060 PENALTY FOR FALSE INFORMATION.
15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS.
15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES.
15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT.
15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS.
15.01.110 UTILITY PERMIT REQUIRED.
15.01.010 UTILITY OPERATIONS.
It is the purpose of this title to regulate City utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those non-residents the City agrees to serve. It is the City’s policy to provide sufficient revenue from those served through the fees and rates of this title to support the costs of operation, capitalization and debt service of the municipal utilities.
Municipal utilities shall include water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. (Ord. 4454 §1 (in part), 1994; Ord. 4442 §3, 1993; Ord. 4309 §2 (in part), 1991)
15.01.020 DEFINITIONS.
The terms used in this title shall mean the following, except where the context otherwise requires:
(a) (1) "Average daily" shall mean the total quantity divided by the number of days of waste or storm water discharge or water use by the typical user in a user class.
(2) "As-graded" means the extent of surface conditions on completion of grading.
(b) (1) "Backflow" shall mean the flow other than in the intended direction of flow of water or any foreign liquids, gases, or substances into the distribution system of the public water supply.
(2) "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow.
(3) "Basin plan" means a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and storm water management facilities and features within individual subbasins.
(4) "Best management practice" or "BMP" means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Washington State Department of Ecology. BMPs are listed and described in the Manual.
(5) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade.
(c) (1) "Clearing" means the destruction and removal of vegetation by manual, technical, or chemical methods.
(2) "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, land, right-of-way, debt service, and other costs associated with such improvements.
(3) "C.F." shall mean cubic feet of measure.
(4) "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water.
(5) "Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
(6) "Commercial unit" shall mean a parcel of property which is developed for nonresidential purposes.
(7) "Connection fee" shall mean charges made for connection to the utility system. The connection fee will include the costs of tapping the water main, sewer or stormwater system, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system.
(8) "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees.
(9) "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served.
(10) "Critical areas" means as defined in the City’s Critical Areas Ordinances, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.
(11) "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections.
(d) (1) "Department" shall mean the Department of Public Works and Utilities.
(2) "Design storm" means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
(3) "Detention" means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage.
(4) "Detention facility" means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater.
(5) "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code.
(6) "Drainage basin" means a geographic and hydrologic subunit of a watershed.
(e) (1) "Equivalent residential unit (ERU)" shall mean a unit of measurement to determine wastewater general facility charges and shall be based on two hundred thirty-six (236) gallons per customer day.
(2) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
(3) "Erosion and sediment control (ESC) plan" means a plan which includes control of pollution from stormwater runoff during construction.
(4) "Excavation" means the mechanical removal of earth material.
(5) "Existing site conditions" means:
i. For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site.
ii. For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means.
iii. For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics.
iv. For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site.
(6) "Extended line" shall mean a privately financed utility water, sanitary sewer or stormwater main constructed with the written approval of the Director.
(f) (1) "Fill" means a deposit of earth material placed by artificial means.
(2) "Frequently flooded areas" means the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
(g) (1) "Geologically hazardous areas" means areas as defined in the City’s Critical Areas Ordinance and includes areas, that because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.
(2) "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid by new customers to the City utility.
(3) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection without pumping.
(4) "Ground water" means water in a saturated zone or stratum beneath the surface of land or a surface water body.
(h) (1) "H.C.F." shall mean hundred cubic feet of measure.
(2) "Health officer" shall mean the Bremerton/Kitsap County Health Department’s Health Officer.
(i) (1) "Impervious surface" means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.
(2) "Impervious surface unit" shall mean a configuration or conglomeration of impervious surface estimated to contribute an amount of runoff to the City’s stormwater drainage system which is approximately equal to that created by the average single-family residential parcel. One (1) impervious surface unit (ISU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. For purposes of computation of rates and charges, only whole impervious units are considered; fractions are truncated (not rounded up).
(3) "Improper stormwater inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps.
(i) "Roof drains" shall mean any roof drain, downspout, scupper or device that collects and conveys stormwater runoff from a roof surface.
(ii) "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc.
(iii) "Driveway drain" means a drain typically located below street grade at the bottom of a sloped driveway.
(iv) "Sump pump" means a pump that conveys ground water or stormwater runoff to a sewer system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building’s foundation footprint to the sanitary sewer system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building’s foundation footprint to the sanitary sewer system is required to be connected to the sanitary sewer system. (Kitsap County Health Department code requires sump pumps located within the foundation footprint to be connected to the sanitary sewer system. This is due to the high potential for contamination of relatively clean ground water by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater sewer system.)
(4) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development.
(5) "Industrial user" shall mean a business or other nonresidential property having a wastewater discharge in which the sum of BOD and TSS strength is between one thousand two hundred (1,200) and one thousand eight hundred (1,800) milligrams per liter.
(6) "Infiltration" shall mean ground water entering the sanitary sewer or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe.
(7) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system.
(l) (1) "Lateral sewer" shall mean a sanitary sewer not less than six (6) inches in diameter, constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current utility standards.
(m) (1) "Mainline sewer." See trunk sewer.
(2) "Manual." See Stormwater Management Manual.
(3) "Misuse of individual grinder pumps" means activity by the occupant of a residence that causes damage to the grinder pump or appurtenances. Such activities include, but are not limited to, discharging harmful substances into the grinder pump such as toys, diapers or construction materials; attempting to make unauthorized repairs; or driving over the grinder pump tank or appurtenances, causing damage. The Director has the discretion to determine whether or not an occupant’s activities caused such damage.
(4) "Mitigation" means, in the following order of preference:
i. Avoiding the impact altogether by not taking a certain action or part of an action;
ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
iii. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
iv. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and
v. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.
(5) "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units.
(n) (1) "Natural location" means the location of those channels, swales, and other non-manmade conveyance systems as defined by topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.
(2) "New development" means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV - general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development.
(o) (1) "O & M costs" (operation and maintenance) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments.
(2) "Occupied property" shall mean real property on which a structure exists that is being served by an existing or temporary utility facility.
(p) (1) "Permanent stormwater quality control (PSQC) plan" means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed.
(2) "Pollution" means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(3) "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership.
(4) "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection.
(5) "Pretreatment" shall mean any physical, chemical, or biological process to remove, neutralize, or modify one or more constituents of a waste stream prior to discharge into the public sewers.
(r) (1) "Redevelopment" means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
(2) "Regional retention/detention system" means a stormwater quantity control structure designed to correct existing or predicted excess surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a drainage basin.
(3) "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system.
(4) "Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater drainage system.
(s) (1) "Sanitary sewer" shall mean only those portions of the utility system which are designated by the Director to carry, transport, or dispose of waste matter not constituting storm or surface water permitted by or under this Code to enter the sewer system.
(2) "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank.
(3) "Sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes.
(4) "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit.
(5) "Site" means the portion of a piece of property which is directly subject to development.
(6) "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope.
(7) "Source control BMP" means a BMP that is intended to prevent pollutants for entering stormwater. Examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, oil water separation devices, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.
(8) "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service.
(9) "Standard sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines identified by the Director as a waterfront or pressure sewer line.
(10) "Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight inches in diameter and constructed in accordance with current utility standards.
(11) "Standard stormwater line" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current utility standards.
(12) "Standard water main" shall mean a water distribution line not less than eight (8) inches in diameter and constructed in accordance with current Utility standards.
(13) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
(14) "Stormwater drainage system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
(15) "Stormwater facility" means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.
(16) "Stormwater Management Manual" or "Manual" means the Manual adopted by reference by the City which may include excerpts from the King County Stormwater Design Manual (November 1992) and such other standards of the City incorporated in the "System Development and Construction Standards Manual."
(17) "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater.
(t) (1) "TSS" (denoting total suspended solids) shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.
(u) (1) "Undeveloped parcels" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel.
(2) "Unoccupied parcel" shall mean real property on which no structure requiring utility service exists.
(3) "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account.
(4) "User parcel" shall mean any parcel of land within the utility service area to which water, sewer, or stormwater service is currently provided or to which a charge is imposed therefor, or any other of land with any significant man-made impervious surface.
(5) "Utility" shall mean the water, wastewater, and stormwater utility systems of the City.
(v) (1) "Verified strength user" shall mean any user whose wastewater exceeds the strength limits of the industrial user class or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength.
(w) (1) "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage."
(2) "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization.
(3) "Water system" shall mean all facilities for treatment, transmission and distribution of water.
(4) "Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.
(5) "Wetlands" means those areas as defined in the City’s Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. (Ord. 5103 §1, 2010; Ord. 5026 §1, 2007; Ord. 4909 §1, 2004; Ord. 4734; Reaffirmed, 11/30/2000; Ord. 4684, Amended, 12/28/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person requesting utility service from the utility for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account.
(b) The agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or his designated agent and shall be filed with the Department. The applicant shall pay all fees for installation of the utility service as herein provided at the time of filing.
(c) The agreement for service shall constitute a contract between the applicant and the Department in which the applicant agrees to pay for service provided at the rate and in the manner specified.
(d) The agreement shall be effective at the time it is signed by the Director or his designee and charges for service to the premises shall be assessed from date of connection.
(e) Estimated fees, assessments, and conditions quoted by the Department in writing for utility service shall become invalid after one hundred eighty (180) days from the date of the estimate unless the applicant enters into a utility service agreement with the Department prior to that time. (Ord. 4909 §2, 2004; Ord. 4454 §1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309 §2 (in part), 1991)
15.01.040 CONDITIONS OF SERVICE - RETAIL.
(a) Access. The Department shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the Department or other appropriate agency to enforce any of the provisions of local, State, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the Department to charge fees and enforce penalties or discontinue the service after notice as set forth in BMC 15.07.080 for delinquent accounts.
(b) Interruption/Failure of Service. The Department reserves the right to temporarily discontinue service at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract.
It shall further be provided that the City shall not be held responsible for any damages resulting from defective plumbing or appliances on the premises, and the fact that the agents of the Department or City have inspected the plumbing and appliances shall not constitute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the Department or in any way relieve the consumer from performing the obligations of his contract. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.050 CONDITION OF SERVICE - CONTRACT.
The Department may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the Department and approved by the City Council. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.060 PENALTY FOR FALSE INFORMATION.
The conveyance to the Department of false information in an application for a utility service or adjustment credits shall forfeit the customer’s rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false infor-
mation. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS.
(a) A property owner or owners of any specified area situated within the utility service area requiring utility service may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the utility comprehensive plan, engineering and economic feasibility, and at the Department’s option, construct the improvements upon execution of a system improvement agreement between the owner and the Department specifying the improvements. The estimated costs for said improvements shall be paid in full upon execution of the agreement. When completed and accepted by the Department in writing, the improvements shall become part of the utility’s system and shall be conveyed by bill of sale prior to service.
(b) If sixty (60) percent or more of the property owners of a specified area situated within the utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a system improvement agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual cost for the improvements may be paid in full or in monthly installments plus interest at a rate set in the system improvement agreement with twenty (20) percent of the cost due prior to installation and the balance together with interest due within thirty-six (36) months of the date from the completion and City acceptance of the improvement.
(c) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees and general facility fees.
(d) The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing utility construction.
(e) Property owners or developers of plats or developments shall have the option of installing the plat’s interior utility system and connection to the utility system at their expense, subject to utility development and construction standards. The owner or developer shall pay charges according to the conditions of any existing reimbursement agreement for any main installed through a system improvement agreement. (Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES.
The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility fees, connection fees, and any other applicable fees established under this title. (Ord. 4309 §2 (in part), 1991)
15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT.
(a) The City may enter into agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time (latecomers).
(b) Requests for reimbursement shall be made in writing prior to drafting the system improvement agreement and specific provisions of recovery shall be included in the agreement. The Department shall determine the area that is subject to the cost recovery and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the system improvement agreement.
(c) Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain fifteen (15) percent of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. (Ord. 4909 §4, 2004; Ord. 4512 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS.
The system development and construction standards are those as defined and adopted in BMC 11.12.090, also referred to as the "City Standards." (Ord. 4856 §1, 2003)
15.01.110 UTILITY PERMIT REQUIRED.
A utility permit shall be required by the Department for all projects, alterations, repairs or connections to the utility system. These activities include, but are not limited to, activities associated with the installation of new utility systems to be constructed by others and conveyed to the Department under the terms of a utility system improvement agreement; the opening, alteration, repair, or replacement of the utility system; the connection to the utility system; and the abandonment or disconnection from the utility system.
The entering into a utility system improvement agreement with the City shall not relieve the agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Department, City, County or other districts in whose jurisdictions the improvements/repairs are made.
The permits shall be available from the Department with fees established by the Utility Fee and Rate Schedule. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)