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The Department may establish guidelines for issuance of water commitments as indicated in Section 1-101, 5. a. and b.
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 468, 1979; am BWS Res. No. 472, 1979; am BWS Res. No. 485, 1981; am BWS Res. No. 530, 1985; am BWS Res. No. 598, 1991; am BWS Res. No. 610, 1992]
Water system facilities charges shall be levied against all new developments requiring water supplies from the Department's system or additional water supplies from the existing services. Developers shall pay the water system facilities charges before water services are made available to the developments. A schedule of such charges is included in the Department's Schedule of Rates and Charges for the Furnishing of Water and Water Service.
The Department may negotiate water system facilities charges other than those in the schedule when it is determined that the schedule is inappropriate. The Department may also negotiate agreements with developers for payment of the actual costs of the installation of the necessary water system facilities or require the installation of the facilities by the developer in lieu of payment of water system facilities charges.
Water system facilities charges will not be levied on developments where the developer installs at his cost, a complete water system including source and transmission and daily storage facilities.
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am and renum BWS Res. No. 468, 1979; am BWS Res. No. 472, 1979; am BWS Res. No. 528, 1985]
After the installation has been completed and accepted by the Department, the developer shall furnish the Department with itemized costs incurred by him in the installation of the said larger mains. The eligibility for reimbursement of each item shall be left to the discretion of the Department.
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 562, 1988]
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 610, 1992]
As a condition precedent to connecting the project water system to the public water system, the developer shall convey the water system, except when a private water system is proposed, to the Department and said system thereafter will be maintained and operated as a part of the public water system; provided, however, that the Department may refuse to operate and maintain facilities installed without the Department's prior approval. Prior to the commencement of water service, and as a prerequisite to such service, the developer shall deliver to the Department perpetual easements for all portions of the water system installed in other than publicly owned property. The developer shall also convey, without cost to the Department, fee simple title to all sites on which are located tanks, reservoirs, sources of supply, and pumps constructed by the developer and connected to the public water system together with easements for access, water pipeline, and other necessary utility purposes.
[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 472, 1979; am BWS Res. No. 610, 1992]
When conditions pertaining to any development are such that the public may be properly served with water and fire protection without full and strict compliance with these Rules and Regulations, or where the development site or layout is such that the public interest will be adequately protected, such modification thereof as is reasonably necessary or expedient, and not contrary to law or the intent and purpose of these Rules and Regulations, may be made by the Department.
To secure approval prior to construction of the required improvements, insofar as the construction of the project water system is concerned, and excepting private water systems, the developer shall enter into an agreement with the City and the Department to make, install and complete all of the required improvements within a specified time and file with the Director a surety bond or other security, as hereinafter specified, to assure the City and the Department the actual construction and installation of the improvements and utilities shown on the approved construction plans.
The agreement shall specify, insofar as the project water system is concerned, and excepting private water systems, that the developer will complete the same to the satisfaction of the Manager, and shall provide that if the developer shall fail to so complete such work within the time specified, or such extension as may be mutually agreed upon, the Department may complete the same and recover the full cost and expense thereof from the developer.
The bond or other security to be filed with the Director with the aforesaid agreement shall be one of the following (provided, that in all instances where a surety bond is filed, it shall be executed by the developer, as principal, and by a surety company authorized to transact a surety business in the State, as surety):
The developer shall enter into an agreement with the City and the Department and shall file with the Director, a surety bond to insure the repair and replacement of subdivision improvements excluding private water systems, for a period of one year from the date of acceptance by the City of the dedication. The amount of the surety bond shall be ten percent of the cost of construction as estimated by the Chief Engineer, Director of Recreation and Manager.
[Eff 12/1/1991; BWS Res. No. 598, 1991]
If plans are determined to be incomplete, they will be returned without further review.
Notwithstanding approval, the applicant or the Owner (in situations where the applicant is not the owner) is responsible for all costs incurred during the construction of the project to comply with current Water System Standards or costs caused by a defect of reason, error, omission or negligence on part of the architect/engineer.
*Applications affecting property that is subject to a zoning variance, or that fall within a potential slide area, special district or shoreline setback area shall be evaluated for complexity upon submission of construction plans and may be placed within a higher category. The applicant shall verify with the Department of Planning and Permitting if the project is subject to these requirements.
The maximum time limits shall begin upon receipt of the application and shall stop when the applicant is called for pick-up except under the following conditions:
Additional Plans. The Department may request the submission of additional sets of plans in order to accommodate the maximum time limit requirements. The Maximum Time Limit requirement starts on the day when the Department receives the required number of plans for review. Maximum time limits shall be extended by one day for each day the additional sets are due for up to three (3) working days.
If additional plan sets are not received within this period, all plan submittals then in receipt by the Department shall be returned without review.
Extensions. Extensions from the maximum time limit may be granted in the event of a national disaster, state emergency, or union strike, which would prevent the Department from reviewing permits or plans, or when adequately justified by the Department and mutually acceptable to the Department, the applicant, and/or owner.
Inapplicability. Maximum time limits shall not apply:
Where submittals fail to meet basic adequacy requirements noted in Section 1-113.1 above; or
Where the project is required to install/improve off-site facilities that are determined to be non-existent/inadequate, respectively, to accommodate the project; or
Where plans need to be coordinated with other City agencies; or
Where submittals are withdrawn by the applicant prior to completion of the review; or
Where the scope of work on subsequent submittals differs from the first submittal of plans; or
Where the area of the development is under moratorium by the Board; or
Where the applicant failed to obtain necessary discretionary permits or approvals (water allocations, and approved water master plans.
Second Review. Maximum time limits for a second review shall be one-half of the maximum time limits specified above. Plans that are not approved after the second submittal shall be subject to the provisions of Section 1-113.
[Eff 1/1/2000; BWS Res. No. 699, 2000]
 Owner is defined as: (1) the fee simple owner; or (2) buyer of a property if a letter or authorization from the seller is submitted; or (3) lessee/tenant if a letter of authorization from the fee owner is submitted.
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