City of Branson West, MO Chapter 700 General Provisions

Article I Combined Systems

Section 700.010 Combined Waterworks and Sewerage System.

[Ord. No. 1014 §§1 — 2, 8-25-1992]

A. It is hereby found, determined and declared to be necessary for the public health, safety, welfare and benefit of the City of Branson West, Missouri, and its inhabitants that the existing waterworks of said City and the existing sewerage system of said City, and all future improvements and extensions thereto, be combined and that they shall henceforth be operated and maintained as a combined waterworks and sewerage system.

B. From and after August 25, 1992, the waterworks of the City and the sewerage system of said City and all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system, and all future improvements and extensions thereto as aforesaid, henceforth be operated and maintained as a combined waterworks and sewerage system.

Article II General Water, Sewer and Underground Utility Regulations

Section 700.020 Mandatory Water and Sewer Connection Within City Limits.

[CC 1997 §18-5; Ord. No. 1131 §1, 7-23-1996; Ord. No. 4-2015, 4-14-2015]

A. If municipal water and/or sewer service is available to a property owner of property situated within the incorporated limits of the City of Branson West, Missouri, then such property owner must discontinue use of water and/or sewer service other than the municipal water and/or sewer service provided by the City and shall connect to and be served by the municipal water and/ or sewer service furnished by the City of Branson West, Missouri, within one hundred twenty (120) days after the date of written notice to do so, unless the City Administrator has approved a 120-day extension, as provided in Subsection (B). Municipal water and/or sewer service is available to the property owner when a municipal water and/or sewer line is located within three hundred fifty (350) feet of the building to be served with water and/or sewer service.

B. If the City Clerk has received an application for a 120-day extension for the period of mandatory connection for water or sewer service, or both by the 90th day after the date of the previous 120-day notice, the City Administrator may extend the connection period for connection to the City's water or sewer systems, or both, upon the presentation of satisfactory evidence of the following:

1. The expense of connection to the City's water system or sewer system, not both), exceeds ten thousand dollars ($10,000.00) in labor and materials, as substantiated by a bid signed by a contractor.

2. The existing on-site wastewater treatment system on the affected property is functioning as designed, without evidence of surfacing effluent, or damaged tanks or leach fields.

The City Administrator may issue a second 120-day extension in cases of financial hardship, construction delays due to unforeseeable circumstances, and other good cause, including cooperation in the design and location of lift stations.

C. The City Administrator is authorized to prepare forms for application for extensions and to consult with the City's engineering consultants regarding the cost estimates provided by applicants.

D. The City's policy is to encourage cooperation of property owners in constructing facilities for connection to the City's sewer collection system. In furtherance of this policy, the City agrees to allow sewer lift stations serving more than one (1) tract of real estate to be located within the public right of way and to become (if constructed to City standards) the maintenance responsibility of the City. The City will not allow grinder pumps serving a single tract of real estate to be located in the public right of way and will not accept maintenance responsibility for grinder pumps.

Section 700.030 Letters of Intent To Serve.

[CC 1997 §18-8; Ord. No. 1130 §§1 — 6, 6-18-1996]

A. All holders of letter of intent to serve must respond to the offer of gallonage in the letter by performing the following steps within thirty (30) days of the issuance of the letter.

1. Applicant must submit their request in writing to the City of Branson West;

2. City approval of the design and layout of the sewage collection system for the development must be obtained;

3. The plans and specifications must have been approved by the Missouri Department of Natural Resources;

4. Applicant must prepay all sewer connection and impact fees;

5. Applicant must submit all utility application with the City;

6. Prepaid monies are not refundable.

B. Completion of the above five (5) steps will validate their letter of intent to serve and reserve for their use the gallonage stated in said letter for a period of three hundred sixty-five (365) days.

C. A letter of intent to use from the holder of the letter stating their intent to use the gallonage set forth in the letter within the next one hundred eighty (180) days will prolong the above reservation for an additional one hundred eighty (180) days past the date set in Subsection (B) above. Only one (1) such extension is available per letter.

D. Letters of intent to serve are non-transferrable and non-assignable. They are valid only for the original issuee and only for the original plans submitted and approved by the City. Letters of intent to serve are not transferable with the land.

E. Letters of intent to serve are not contractual in nature and are not a guarantee of service. The City will provide service in accordance with the letters issued and validated in accordance with the criteria in this Section to the best of their ability and capacity as defined by the Missouri Department of Natural Resources at the time service is desired.

Section 700.040 Sewers To Be Approved By City and DNR.

[CC 1997 §18-10; Ord. No. 1056 Art. I, 2-16-1995]

A. Sewer lines shall be designed by an engineer and submitted for approval to the City and the Missouri DNR prior to the commencement of any construction. Upon completion and prior to being connected to the City sewer system, the design engineer shall certify the sewer lines were constructed and tested in accordance with the approved plans.

B. Following approval by the City Engineer or Public Works Director and certification by the design engineer, and satisfaction of other requirements of Chapters 700 and 710, the City will accept the sewer lines for operation and maintenance.

Section 700.050 Extension of City Sewer Lines.

[CC 1997 §18-11; Ord. No. 1056 Art. II, 2-16-1995; Ord. No. 1151 §§1, 4 — 6, 1-24-1997; Ord. No. 1156 §4a, 1-24-1997]

A. The customer who requests sanitary sewer service which requires extension of the sewer lines of the City shall request and may be granted the right to make such extension by the City. The customer shall obtain the services of an engineer who shall prepare design plans for the required extensions. The plans shall be submitted to the City and Missouri DNR for approval prior to beginning any work.

The customer shall obtain the services of a contractor who shall install the sewage works in accordance with the approved plans.

B. The engineer shall prepare the plans in accordance with the following minimum specifications:

1. Minimum line size for gravity sewer lines shall be eight (8) inches.

2. The minimum house line size for pressure sewer lines shall be one and one-half (½) inches.

3. The design shall conform to the Missouri Department of Natural Resources rules published as "Division 20, Chapter 8, Waste Treatment Design, latest edition.

4. Gravity flow sewers shall be designed and connected to existing City sewers. Where existing City sewers are not available for connection by gravity flows, a sewage pumping station and pressure main shall be installed. The required sewage works shall meet all the requirements of the Missouri Department of Natural Resources and the City Engineer or Public Works Director.

5. The design shall include building sewer connection, "T" or "Y", and sufficient service line a point within ten (10) feet of the property to be served. Each end of the service line shall be accurately recorded and provided to the City in the form of "as built" plans.

6. The design shall include a review of the City's ability to treat the projected organic and hydraulic loading to be discharged from the extension.

C. Connection to the City sewer lines may only be made with the prior written consent of the City Engineer or Director of Public Works, and must be made under their direct supervision. A five (5) day temporary connection may be approved for the purposes of testing the newly constructed lines only. No permanent connection may be approved or made until the following conditions are satisfied:

1. All construction has been completed to City specifications and all requirements set out in Chapters 700 and 710 of the City Code are satisfied, with written verification from the City Engineer or Director of Public Works.

2. All requirements imposed by the Missouri DNR are satisfied.

3. All necessary easements have been granted, accepted and recorded, and all applicable impact, connection, and other fees have been paid in full.

4. A copy of the "as built" drawings prepared by the design engineer has been filed with the City, and a copy of lien waivers given by all parties to the line construction (if applicable) are on file with the City Clerk.

5. Any other special conditions imposed by the City in writing as a condition of approval of the plans or construction have been satisfied.

D. The customer shall be responsible for all cost of engineering, construction and any associated cost resulting from the extension of the sewage works. The customer shall indemnify the City from any loss or damage that may, directly or indirectly, be occasioned by the installation or maintenance of the sewer works.

Section 700.060 (Reserved) [1]

[1] Editor's Note — Section 700.060 "sewer connection fee waiver" was removed during the addendum process and prior to adoption of the code. Former section 700.060 derived from CC 1997 §18-12; ord. no. 1056 §III, 2-16-95. This section is reserved for the city's future use.

Section 700.070 Special Circumstances.

[CC 1997 §18-13; Ord. No. 1129 §§1 — 2, 5-30-1996]

A. Nothing herein contained shall be so construed as to prohibit the City from entering into an agreement under special conditions with a customer involving an extension of sewer main. Such an agreement must be approved by a majority of the Board of Aldermen without a tie breaking vote at a regularly scheduled meeting and announce publicly at the meeting at which the approval for the agreement is given.

B. Nothing herein contained shall be so construed as to prohibit the City from entering into an agreement with an owner outside of the City limits as long as the property is within a reasonable distance to the existing City limits.

Section 700.080 Water Lines To Be Approved By City and DNR.

[CC 1997 §18-15; Ord. No. 1057 Art. I, 2-16-1995]

A. The water service mains shall be designed by an engineer and submitted for approval to the City and the Missouri DNR prior to the commencement of any construction. Upon completion and prior to being connected to the City water system, the design engineer shall certify the water service mains were constructed and tested in accordance with the approved plans.

B. Following approval by the City Engineer or Public Works Director and certification by the design engineer, and satisfaction of other requirements of Chapters 700 and 705, the City will accept the water lines for operation and maintenance.

Section 700.090 Extension of City Water Lines.

[CC 1997 §18-16; Ord. No. 1057 Art. II, 2-16-1995; Ord. No. 1113 §1, 3-5-1996]

A. The customer within the corporate City limits who requests water service which requires extension of the water service mains of the City shall request and may be granted the right to make such extension by the City. A building service line shall not cross another property other than a public right-of-way for connection to the water main of the City.

B. The customer shall obtain the services of an engineer who shall prepare design plans for the required extensions. The plans shall be submitted to the City and Missouri DNR for approval prior to beginning any work.

C. The customer shall obtain the services of a contractor who shall install the lines, etc., in accordance with the approved plans. The contractor shall give the City at least forty-eight (48) hours' notice of intent to commence before work is begun.

D. The engineer shall prepare the plans in accordance with the following minimum specifications:

1. All plan designs, materials, and construction methods shall conform to the "Design Guide for Community Public Water Supplies" issued by the Missouri Department of Natural Resources, Public Drinking Water Program, latest edition.

2. Minimum main size shall be four (4) inches and shall extend to the last building lot or the customer's property line.

3. Fire hydrants shall be eight hundred (800) feet or less apart. No structure shall be more than four hundred (400) feet from a fire hydrant. Dead end mains shall have a hydrant placed at the end.

4. Any building plumbing serving a business or a multi-family residence shall be installed so that water serving separate office, business or living space may be metered and billed separately, or with prior written approval of the City, a single master meter may be installed.

5. Customer must provide "as-built" plans to the City upon completion and prior to use.

6. The design shall include a review of the City's ability to provide the projected peak flows during the peak day usage from the past three (3) years of City experience.

E. Connection to the City water lines may only be made with the prior written consent of the City Engineer or Director of Public Works, and must be made under their direct supervision. A five (5) day temporary connection may be approved for the purposes of testing the newly constructed lines only. No permanent connection may be approved or made until the following conditions are satisfied:

1. All construction has been completed to City specifications and all requirements set out in Chapters 700 and 705 of the City Code are satisfied, with written verification from the City Engineer or Director of Public Works.

2. All requirements imposed by the Missouri DNR are satisfied.

3. All necessary easements have been granted, accepted and recorded, and all applicable connection, deposits, and other fees have been paid in full.

4. A copy of the "as built" drawings prepared by the design engineer has been filed with the City, and a copy of lien waivers given by all parties to the line construction (if applicable) are on file with the City Clerk.

5. Any other special conditions imposed by the City in writing as a condition of approval of the plans or construction have been satisfied.

F. The customer shall be responsible for all cost of engineering, construction and any associated cost resulting from the extension of the water service mains. The customer shall indemnify the City from any loss or damage that may, directly or indirectly, be occasioned by the installation or maintenance of the water service.

G. The City will provide written approval for the extension. The City reserves the right to not approve any extension. The City reserves the right to require a main larger than six (6) inches be installed.

Section 700.100 (Reserved) [1]

[1] Editor's Note — Section 700.100 "water connection fee waiver" was removed during the addendum process and prior to adoption of the code. Former section 700.060 derived from CC 1997 §18-17; ord. no. 1057 art. III, 2-16-95; ord. no. 1227 §18-17, 2-24-99. This section is reserved for the city's future use.

Section 700.110 General Water and Sewer Bedding Specifications.

[CC 1997 §18-20; Ord. No. 1119 §1, 4-18-1996; Ord. No. 1157, 1-24-1997]

A. In addition to the requirements and recommendations set out in Chapters 700, 705, and 710, the following minimum bedding requirements shall be followed. All distribution and collection lines for sewer and water being served or to be served by the City of Branson West shall be properly bedded according to the following specifications:

1. A six (6) inch layer of granular stone material shall be laid in the bottom of the trench after said trench has been dug to the proper depth.

2. Granular stone material shall be crushed limestone consisting of aggregate particles meeting the requirements of ASTM C-33, latest revision, gradation 67, one (1) inch to No. 8 size as follows:

	Sieve Size	Percent Passing
	1 inch	100
	¾ inch	90 — 100
	3/8 inch	20 — 55
	No. 4	0 — 10
	No. 8	0 — 05

3. The pipeline shall be assembled on top of the granular stone material. The pipeline shall be bedded on both sides and on the top with six (6) inches of granular stone material after it is assembled. The trench shall then be refilled with suitable backfill material and properly compacted.

4. The City representative shall inspect installation of sewer and/or water lines to ensure compliance with these specifications.

Section 700.120 Separation of Lines.

[CC 1997 §18-21; Ord. No. 1121 §§1 — 2, 4-25-1996; Ord. No. 1230 §2, 6-8-1999]

A. There shall be a minimum ten (10) foot separation between the water line and sewer line.

B. No other utility lines may be placed in a trench in which a water or sewer line is located.

C. Variance may be approved by the City Engineer or a representative thereof upon written request.

Section 700.130 Underground Electrical Service.

[CC 1997 §18-25; Ord. No. 1127 §§1 — 5, 5-21-1996; Ord. No. 1230 §3, 6-8-1999]

A. At no time shall an underground electric line cross a water or sewer line.

B. All underground electric lines shall be in conduit.

C. Underground electric lines shall exit from conduit in junction boxes only.

D. An underground electric service may be laid with trench lay cable without conduit, but may not cross water or sewer lines.

E. Any variance from these specifications shall only be allowed with the prior written acceptance of the variance by the City Engineer or representative thereof.

Section 700.140 Violation of This Chapter.

[CC 1997 §18-26; Ord. No. 1151 §7, 1-24-1997]

Notwithstanding and in addition to any penalties which may otherwise be applicable, any connection to City water or sewer lines made without prior written permission from the City as described above shall be deemed an offense of trespass on City property with a fine as set forth in Section 100.160. Further, such an unlawful connection shall be subject to immediate disconnection without notice, and the person causing the unlawful connection to occur shall be liable to indemnify the City for all expenses incurred in disconnecting and/or reconnecting the City line, to include any incidental or collateral damages suffered by the City and innocent third (3rd) parties as a result of said disconnection.

Section 700.150 Building Permits Required For Water and Sewer Main Construction.

[Ord. No. 1205 §§1 — 4, 3-24-1998]

A. No water or sewer main construction shall begin within the City limits unless a building permit has been first been issued.

B. No permit shall be issued until an easement for the proposed water or sewer main has been placed in the care of the City Administrator.

C. All such easements given shall grant to the City easement of at least ten (10) feet on either side of the main laid.

D. All such easements given shall constitute a single easement, covering the entire water or sewer main to be constructed within the development.

Section 700.160 Developer Constructing Utility Lines For A Development — Connection Fee.

[Ord. No. 1208 §§1 — 4, 3-24-1998]

A. A connection fee of one hundred dollars ($100.00) to be collected for a water service connection.

B. This fee is to be collected before a building permit will be issued.

C. The City will furnish the meter setter and set the meter upon receiving the customer deposit.

D. No connection fee due for sewer.