§ 78-2. Developments to extend utility mains.

(a)

Extension of main lines. All new developments requiring subdivision or site plan approval shall cause the installation of potable water, reclaimed water and sanitary sewer main lines extending from their current terminus to the new development and along the development's entire frontage along public rights-of-way, at the expense of the owner or developer of said development. The size of the potable water, reclaimed water and sanitary sewer main lines installed shall be at the size determined by the city engineer as necessary to support the development. Said main lines shall be designed, permitted, installed and constructed in accordance with the city's Code, regulations, policies and requirements and in accordance with city approved plans and permits. Prior to the installation of main lines, the owner or developer shall obtain the city's approval of plans for installation of the main lines and secure any necessary permits. The development may, if determined by the city to be necessary, be required to grant the city utilities easements of a reasonable width to accommodate the perpetual operation, maintenance, repair and replacement of said main lines over a portion of the property being developed. The owner and developer shall not be entitled to impact fee credits for the installation of main lines. As used in this section, the term "main lines" shall mean all potable water, reclaimed water and sanitary sewer main lines required to be installed in conformance with the city's master utility plans.

(b)

Oversizing of main lines. The city may require the development to install main lines or any portion thereof to a size larger or length longer than ordinarily required as determined by the city engineer (referred to as "oversize" or "oversizing"). In the event the city requires the development to oversize main lines, or any portion thereof, the city shall reimburse the owner or developer for the additional reasonable costs incurred for oversizing the main lines, at an amount approved as reasonable by the city engineer. The city will reimburse the owner or developer for oversizing costs within 60 days after completion, inspection, acceptance and invoicing for the installation of the main lines as described in subsection (c).

(c)

Completion of main lines. Upon completion of the installation of the main lines, the owner or developer of the development shall have the city engineer inspect such improvements, obtain a certificate of completion from the city engineer for main lines. As a condition precedent to receiving a certificate of completion for such main lines, owner or developer shall execute and deliver to the city:

(1)

Invoices for construction costs of the main lines;

(2)

A one-year maintenance bond or irrevocable letter of credit in an amount equal to 20 percent of the main lines construction costs (construction cost amount to be approved by city engineer) and in a form approved by the city attorney;

(3)

A bill of sale conveying the main lines to the city with an assignment of any associated warranties; and

(4)

A release or waiver of liens from all contractors, subcontractors, materialmen and laborers involved in the installation of the main lines.

No certificates of occupancy shall be issued for any part of the development until issuance of a certificate of completion by the city engineer and completion of items (1)—(4) above. The main lines shall be deemed completed upon owner or developer satisfying all of the conditions of this subsection (c).

(d)

Main line extension agreement. The city may require the owner and developer of a development to enter into an agreement with the city concerning installation of main lines, reimbursement of any oversizing costs and other matters relating to the requirements of this section.

(e)

De minimus exemptions. The development review committee may grant exemptions to this section, or portions thereof, for low intensity or density developments having de minimus impacts to public utility infrastructure. For the purpose of this section only, a development having three or less single-family residential units, or their equivalent density or intensity shall constitute a development having a de minimus impact to public utility infrastructure.

(Ord. No. 08-36, § I, 6-12-08)