City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lebanon 2-21-2001 by Ord. No. 2001-3, effective 2-21-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 36.
Fees — See Ch. 68.
Sewer service — See Ch. 136.
Water service — See Ch. 182.

§ 181-1 Authority.

This chapter is adopted pursuant to the authority contained in RSA 47-17.

§ 181-2 Declaration of purpose.

The purpose of this chapter is to provide the procedure, terms and conditions for extensions of city water mains and sewer mains to protect the public welfare and safety of residents of the City of Lebanon.

§ 181-3 Approval.

[Amended 9-14-2005 by Ord. No. 2005-5]
A. 
Extensions of water and sewer mains to serve more than three sewer units within the City of Lebanon shall require the approval of the City Council. The City Manager may approve an extension to serve three or fewer sewer units.
B. 
The procedure outlined in § 181-5 shall govern extensions of water and sewer mains to serve not more than three sewer units. Any requests for extensions of water and sewer mains to serve more than three sewer units shall be governed by the procedure outlined in § 181-6. Prior to any request for extensions under § 181-6, the developer shall apply to the Lebanon Planning Board for approval under the applicable development review regulations. After receiving findings and a decision from the Lebanon Planning Board concerning whether the proposal meets applicable subdivision or site plan review regulations, but prior to the approval becoming final, the developer shall request approval from the City Council of necessary extensions.

§ 181-4 Winter construction.

Except in cases of emergency, or unseasonably good weather, as determined by the Director of Public Works, no extensions of water and/or sewer mains or service lines shall be installed in or near any public right-of-way from November 1 through March 31. In the event of any emergency, the property owners/developer shall bear the increased cost of construction as determined by the Director of Public Works.

§ 181-5 Determination by City Manager for three or fewer sewer units.

A. 
Upon the petition of property owners or developer for the extension of water or sewer mains to provide service for three or fewer sewer units, the City Manager shall make a determination upon the request and shall base his decision upon:
(1) 
Topographic limitations of the city to supply.
(2) 
Proximity of a supply point or source to the street or streets to be served.
(3) 
Priority considerations.
(4) 
Need.
(5) 
Estimated costs and schedule of financing.
(6) 
Whether or not the petitioners or developer shall pay for all costs relating to the extension.
B. 
Method of construction. The method of construction shall be determined by the City Manager in accordance with city standards.
C. 
Cost estimates. Unless the petitioners or the developer are paying the full cost of the extension, prior to a determination by the City Manager to extend water and/or sewer main or mains in any street, the City Manager shall prepare and submit to the Council the estimated cost of the proposed extension and a schedule of financing based on the procedure outlined in the following section.
D. 
Procedure for financing:
(1) 
For the purpose of water and/or sewer main extensions, if deemed necessary, the City Council shall appropriate the necessary funds.
(2) 
The total cost of an extension shall be assessed to each benefited property owner in accordance with the procedure, to the extent applicable, set forth in the Code of the City of Lebanon, Chapter 147, Special Assessment.
[Amended 9-14-2005 by Ord. No. 2005-5]
E. 
Additional connections and recoupment by the property owners/developer. No additional connections to the extension will be made for any other property owners requesting service for a period of 10 years from the date of acceptance of the extension by the city unless such property owners agree to reimburse the property owners/developer a pro rata share of the cost of construction of the extension as paid by them, determined by the City Manager in a manner and method as if the extension had been paid by a special assessment.

§ 181-6 City Council approval for extension serving more than three units.

A. 
Extension agreements.
(1) 
All requests for extensions of water and sewer service for more than three units shall require approval by the City Council and an extension agreement between the city and the developer containing the following:
(a) 
The developer shall pay the full cost of design and construction of the extension in accordance with the city's requirements. All plans for the design of the extension shall be submitted to the City Engineer or such other person as designated by the Public Works Director, for written approval. Any cost incurred by the city in reviewing the design by persons other than the City Engineer shall be paid for by the developer.
(b) 
The developer shall pay to the city, prior to any construction, an amount estimated by the city to pay for independent engineering inspection services hired by the city if deemed necessary by the City Manager. If the city spends less than the amount paid by the developer, the balance shall be refunded to the developer. If the city spends more than the payment made by the developer, the developer shall reimburse the city. The city's review of the construction documents and inspection during the period of construction and inspection prior to acceptance shall not bar or preclude, in any way, the rights of the city to assert claims against the developer for defects in construction under Subsection A(1)(g) below.
(c) 
The developer shall provide indemnification to the City for any costs, damages or other expenses arising from review or construction of the extension.
[Amended 9-14-2005 by Ord. No. 2005-5]
(d) 
If any portion of the proposed extension is not in a city highway, the developer shall convey and transfer to the city, as a condition of acceptance of the extension, adequate rights-of-way in compliance with the city's requirements and in conformity with the requirements of the city as to the form of the deed, a title opinion, monuments and recordable plan.
(e) 
After the extension has been substantially completed, the developer shall be responsible to repair and maintain the extension for a period of one year.
(f) 
After the expiration of the one-year period for maintenance, the City Manager shall determine whether or not to issue a certification that the extension has been constructed and installed in accordance with the plans, specifications and standards of the city. The City Manager may require a report of a professional engineer, hired by the city and paid for by the developer.
(g) 
It shall be a condition of the extension agreement and any city acceptance that the developer shall be responsible for any latent defects discovered within eight years from the date of substantial completion. In the event that the developer conveys and transfers the project for which the extension was granted, the subsequent owner shall be responsible for the obligations of the developer for the remainder of the eight-year period regardless of whether or not such obligation is expressly assumed.
(2) 
No additional connections to the extension will be made for any other property owners requesting service for a period of 10 years from the date of acceptance of the extension by the city unless such property owners agree to pay to the developer a pro rata share of the cost relating to the extension as determined by the City Manager.The developer shall provide a copy of the contract documents for the construction of the extension to the city prior to undertaking any construction for review and approval by the city to ensure that the requirements of the extension agreement have been met. The developer shall include in any construction documents that the proposed extension is intended to be transferred to the city for ownership and maintenance. In addition, any security or bond obtained by the contractor constructing and installing the extension for the benefit of the developer shall remain in effect until the expiration of the eight-year period and shall be for the benefit of the city.
B. 
Upon compliance with all the conditions set forth herein, the developer may request and the City Council shall accept the transfer of the extension, including the water or sewer main and rights-of-way to the city to become part of the city water system or sewer system and the responsibility of the city thereafter.
C. 
Notwithstanding any other provisions of this chapter, the City Council, upon determination by the Planning Board that the proposed development requiring the extension is premature and scattered, shall deny the sewer and/or water extensions. If the Planning Board does not make such a determination, the City Council shall consider only issues related to the technical feasibility and fiscal consequences of any proposed extension in deciding whether to approve an extension under this Chapter.
[Amended 9-14-2005 by Ord. No. 2005-5]

§ 181-7 Private water and/or sewer mains.

A. 
Private water and/or sewer mains are defined as those lines having a diameter of eight inches to twelve inches and installed on private property by the landowner or developer. Such private mains shall be constructed, installed and maintained at the sole expense of the landowner, and not the City, and shall require approval by the City Manager or City Council under § 181-5 or § 181-6.
[Amended 9-14-2005 by Ord. No. 2005-5]
B. 
Any permit issued which includes the installation of a private main shall be subject to the following conditions regardless of whether or not contained in such permit:
(1) 
Such private mains shall be inspected by the city as required by law, as required by the Code of the City of Lebanon, Chapter 136, Sewer Service, Chapter 182, Water Service, and Chapter 36, Building Construction, solely for the purpose of determining whether or not the private mains meet city requirements. Any expense to meet city requirements as to the installation of the private mains shall be at the sole expense of the landowner. The costs of inspection shall be as provided by the Code of the City of Lebanon, Chapter 68, Fees.
(2) 
If, at any time in the future, the city determines that the public interest requires the acquisition of such private mains to be incorporated into the city water and/or sewer systems, the landowner at that time shall convey and transfer such private mains to the city upon such terms and conditions as deemed to be in the best interest of the city.