Chapter 3.50
CONSTRUCTION PERMIT
Sections:
3.50.010 Requirement for construction permit.
3.50.020 Issuance of construction permit.
3.50.030 Bonds and other security.
3.50.040 Expiration of construction permit.
3.50.050 Extension of construction permit.
3.50.060 Conditions of construction permit.
3.50.080 Protection of public health during construction.
3.50.090 Revocation or suspension of construction permit.
3.50.100 Revocation or suspension procedure.
3.50.110 Failure to receive notice.
3.50.120 Acceptance of fee title or easement(s) and work.
3.50.010 Requirement for construction permit.
A construction permit is required for the construction, installation, alteration or repair of water and wastewater facilities that affect the District’s potable water distribution system, recycled water distribution system, and/or wastewater collection system, and the District’s ability to safeguard the public health and safety.
A. District Facilities Construction Permit. An applicant proposing installation or construction of any District facilities is required to obtain a District facilities construction permit. Issuance of this construction permit is subject to all of the requirements set forth in this chapter.
1. New Water Distribution and/or Wastewater Collection Systems. An applicant shall obtain a District facilities construction permit prior to the construction of any potable water, recycled water, and/or wastewater facilities that are proposed to be dedicated as District facilities and connected to District facilities.
2. Service Installations and/or Connection. An applicant shall obtain a District facilities construction permit prior to installation of water and wastewater service lines and connection to District facilities.
B. Limited Construction Permit. An applicant proposing installation, repair, or construction of customer facilities proposed to be connected, or already connected, to District facilities is required to obtain a limited construction permit prior to installation of water and wastewater services and connection to District facilities. Issuance of a limited construction permit is subject to this chapter, except for DSRSDC 3.50.020(E) through (H), Issuance of construction permit, DSRSDC 3.50.030(A), Faithful Performance and Payment Security, through (D), Indemnification, and DSRSDC 3.50.120, Acceptance of fee title or easement(s) and work. The applicant shall submit proof of liability insurance in an amount set by the District and on a form satisfactory to the District Engineer. [Ord. 327, 2010.]
3.50.020 Issuance of construction permit.
A construction permit may be issued only after all of the following actions have been completed:
A. The applicant has filed a complete application for service in compliance with Chapter 3.40 DSRSDC, Application for Services;
B. The applicant is in possession of a final improvement plan approved in writing by the District Engineer;
C. All fees and charges required by or pursuant to Chapter 3.70 DSRSDC, Fees and Charges, have been paid, except that capacity reserve fees pursuant to DSRSDC 3.70.010 through 3.70.030 shall be paid later in accordance with DSRSDC 3.70.080. Fees paid shall be in the amount of the fees in effect at time of payment, as the time of payment is described in DSRSDC 3.70.080, Time of payment;
D. A copy of the approved final map, parcel map or master map has been filed with the District;
E. Submission of proof of liability insurance in an amount set by the District on a form satisfactory to the District Engineer, naming the District as an additional insured by policy endorsement. Proof of liability insurance shall be accompanied by a statement of endorsement from the insuring firm;
F. Submission of bonds and securities in compliance with DSRSDC 3.50.030, Bonds and other security;
G. Where off-site easements are required for facilities to be dedicated to the District, submission of irrevocable offers of dedication in recordable form (with notary acknowledgments), duly executed by the record owner of fee title, and current preliminary title reports, all in a form approved by the District, for each of the properties on which the off-site facilities are located;
H. Where on-site easements are required for facilities to be dedicated to the District and easements are not dedicated on final map or parcel map, submission of irrevocable offers of dedication in recordable form (with notary acknowledgments), duly executed by the record owner of fee title, and current preliminary title reports, all in a form approved by the District, for each of the properties on which the on-site facilities are located;
I. In lieu of an offer of dedication as described in either of subsection (G) or (H) of this section, an applicant may submit, and the District may accept, deeds or grants of easement in recordable form (with notary acknowledgments), duly executed by the record owner of fee title, and current preliminary title reports, all in a form approved by the District, for each of the properties on which the facilities are located; and
J. Submission of such other relevant information that may be required by the District Engineer.
K. Notwithstanding anything to the contrary, issuance of a construction permit after December 2, 2010, shall not be deemed to be a certificate of capacity rights of any kind, nor shall it be deemed to imply or otherwise give rise to an entitlement of any kind to a capacity rights allocation, or any reasonable expectation thereof, for the recipient of such construction permit. [Ord. 331, 2013. Prior legislation: Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 212, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.50.030 Bonds and other security.
A construction permit shall not be issued, nor shall a person begin construction, installation, alteration, maintenance or repair work on any lines or appurtenances within the District’s jurisdiction before, unless and until the following bonds and securities have been deposited with the District:
A. Faithful Performance and Payment Security. One or more instrument(s) in a form to guarantee the faithful performance of the work and the payment of all labor and materials (in accordance with the requirements of Civil Code Section 3248) in an amount equal to 100 percent of the then-current estimated cost of the work to be dedicated to the District, but in no case less than an amount established by the District Engineer. Such faithful performance and payment security shall remain in full force and effect until acceptance of the work, in accordance with DSRSDC 3.50.120, Acceptance of fee title or easement(s) and work, for which a construction permit is issued, whereupon it shall be released by the District.
B. Warranty of Title. For all work not performed by the applicant, but to be dedicated to the District, the applicant shall also warrant that title shall pass to the District free and clear of all liens, claims, security interests or encumbrances.
C. Form of Security. The security furnished by an applicant under this chapter shall be one of the following, at the option of, and subject to, the approval of the District Engineer:
1. A bond issued by a corporate surety admitted as such in the state of California.
2. A deposit made, at the District’s option, either with the District or a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public moneys.
3. An irrevocable letter of credit from one or more financial institutions subject to regulation by the state or federal government, pledging that the necessary funds are on deposit and will remain available to guarantee payment to the District.
D. Indemnification. An indemnity agreement approved by District Counsel, indemnifying the District, and its directors, officers, agents, and employees, against any and all liability whatsoever resulting from the construction and completion of the facility or facilities. [Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 213, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.50.040 Expiration of construction permit.
The construction permit shall terminate and expire 60 days from the date of issuance of the permit, or upon the expiration of any extension granted pursuant to DSRSDC 3.50.050, Extension of construction permit, unless construction has commenced within such period. Unless otherwise determined by the District Engineer, if changes have been made to the improvements contemplated by the final improvement plan described in DSRSDC 3.50.020(C), Issuance of construction permit, or to the uses of the property contemplated by the map(s) described in DSRSDC 3.50.020(E), Issuance of construction permit, or there have been changes in any of the other circumstances described in DSRSDC 3.50.020, Issuance of construction permit, the construction permit shall terminate and expire upon the occurrence of the change notwithstanding the preceding sentence. [Ord. 327, 2010.]
3.50.050 Extension of construction permit.
Upon written request, the District Engineer may extend the construction permit for a period commensurate with a showing of hardship or circumstances beyond the control of the permittee; provided, that such extension shall not extend beyond the duration of any project entitlement conferred by the city or county of jurisdiction, or three years from the date of the request, whichever is earlier. [Ord. 327, 2010.]
3.50.060 Conditions of construction permit.
A. General Conditions. All permits are subject to the following conditions:
1. All construction shall be in accordance with the District Standard Specifications and/or the Recycled Water Use Guidelines, as amended by the District Engineer.
2. Water and wastewater facilities to be dedicated to the District for operation and maintenance shall be conveyed to the District at no cost to the District.
3. The applicant to whom a construction permit is issued, and its agents, contractors, and subcontractors, are jointly and severally responsible for fees and charges associated with its project.
4. The general conditions adopted from time to time by the District.
5. All required property interests shall be dedicated to the District in a form or in a manner as approved by District Counsel, and such dedications shall have priority over all prior or subsequent liens on or interests in the property.
B. Special Conditions. The District Engineer may impose such other special conditions which may be required because of the design of the tract, topography, coordination with existing or proposed District facilities or other circumstances in order to assure safe and proper construction and to provide the service pursuant to the laws and regulations of the District, or to protect the public health, safety, and welfare.
C. Appeal. Any applicant dissatisfied with any conditions imposed pursuant to this section may appeal the decision of the District Engineer to the Board pursuant to the procedures of DSRSDC 1.80.050, Procedures for appeal. [Ord. 327, 2010.]
3.50.070 Stop work orders.
Whenever any work is being done contrary to the provisions of this code, or any regulation of the District or the conditions of the permit, the District Engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such person shall immediately stop such work until authorized by the District Engineer to proceed. [Ord. 327, 2010.]
3.50.080 Protection of public health during construction.
The District reserves the right, but does not undertake the duty, to take any action that it deems to be necessary during construction of water or wastewater facilities, including customer facilities as well as District facilities, to safeguard the public health. If at any time during construction real or potential hazards are evidenced, such as cross-connections between the recycled water system and the potable water system, improper tagging, signing, or marking, or unapproved/prohibited uses, the District reserves the right and has the authority to terminate immediately, without notice, all service to the property in question in the interest of protecting the public health. [Ord. 301, 2004; Ord. 327, 2010.]
3.50.090 Revocation or suspension of construction permit.
The District Engineer may, in writing, suspend or revoke a permit issued under this chapter whenever the permit is issued in error on the basis of incorrect information supplied, or in violation of any regulation or provision of this code, or any condition of the permit, or if substantial revisions have been made to plans, or if any fees or charges incurred during construction and prior to project acceptance are not paid in full, or if there has been repeated unauthorized use of District facilities or District services. [Ord. 327, 2010.]
3.50.100 Revocation or suspension procedure.
A. Notice of Violation. The District Engineer shall serve a notice of violation on the permittee either personally or by United States mail, certified or registered, postage prepaid, at the address of the permittee stated on the application. From and after the mailing of the notice of violation, no further construction shall take place on the lot or parcel, or portion thereof, unless and to the extent authorized in writing by the District Engineer. The notice of violation shall state: (1) the nature of the violation, (2) a reasonable time to cure the violation, (3) whether construction is suspended, and (4) the right to appeal.
B. Appeal. The permittee may appeal the notice of violation by filing a written notice of appeal to the Board pursuant to DSRSDC 1.80.050, Procedures for appeal. [Ord. 327, 2010.]
3.50.110 Failure to receive notice.
The failure to receive any notice required under this chapter shall not invalidate any proceedings taken thereunder. [Ord. 327, 2010.]
3.50.120 Acceptance of fee title or easement(s) and work.
A. Acceptance of Fee Title or Easements. Upon the completion of all construction of District facilities, or prior to the transfer of any portion of the property upon which the District facilities are located, whichever occurs first, the permittee shall grant, and the District, through its authorized officer, shall accept all instruments conveying such easement(s) or fee interests in land which are required of the permittee, in a form approved by District Counsel. Notwithstanding such acceptance, the security required by DSRSDC 3.50.030(A), Faithful Performance and Payment Security, and the provisions of DSRSDC 3.50.030(D), Indemnification, shall remain in effect until acceptance of work in accordance with subsection (C) of this section, Acceptance of Work.
B. Maintenance Security/Guarantee Against Defects. Upon the completion of the work in accordance with the plans and specifications and prior to District acceptance of facilities to be owned and operated by the District, the applicant shall submit one or more instrument(s) in a form described in DSRSDC 3.50.030(C), Form of Security, to secure the applicant’s guarantee to repair, replace or reconstruct any defective or otherwise unsatisfactory part of the work for a minimum of a one-year period from the date of final acceptance by the District of the District facilities, which period may be extended, at the discretion of the District Engineer, as necessary or appropriate to satisfactorily complete the repairs, replacement, or reconstruction of any defective or otherwise unsatisfactory part of the work. The maintenance security shall be in the amount established by the District Engineer, which shall in no case be less than 10 percent of the estimated cost of the work to be dedicated to the District. Unless expressly provided to the contrary in an agreement between the applicant and the District, the District Engineer may defer the onset of the period of maintenance security until he or she determines in his or her discretion that:
1. A sufficient number or proportion of the units of the development are occupied; or
2. All punchlist work on and around District facilities is complete, whether or not those District facilities are occupied by the District; or
3. Any defective or otherwise unsatisfactory part of the work has been repaired, replaced or reconstructed.
C. Acceptance of Work. Upon the completion of the work in accordance with the plans and specifications, issuance of a recycled water use license, if required for the development, and to the satisfaction of the District Engineer, and upon dedication of easement(s) or fee interest in land associated with the work, the District, through its General Manager, shall accept the work of improvement. The construction permit associated with the work shall terminate upon District acceptance. Notwithstanding such termination, the provisions of DSRSDC 3.50.030(B), Warranty of Title, and (D), Indemnification, shall remain in effect throughout the guarantee period, and for a period thereafter as determined by the District Engineer to be sufficient to protect the District against known or anticipated problems. [Ord. 327, 2010.]