City of Lebanon, NH Article VI Water Connections, Extensions and Expanded Use Allocations

[Added 12-4-2019 by Ord. No. 2019-15]

§ 182-35 Declaration of purpose.

The purpose of this chapter is to provide the procedure, terms and conditions for connections, extensions, and expanded use allocations of city water service to protect the public welfare and safety of residents of the City of Lebanon.

§ 182-36 Allocation.

No single development of land shall be given approval for a water extension, water connection, or be permitted to expand the property's existing use of the water distribution system if such request increases the estimated demand in the distribution system or water works facilities by an amount greater than the calculated remaining capacity within the system at the time a water use permit is requested.

§ 182-37 Water use permit.

A. The procedural mechanism for assuring compliance with § 182-36 above shall be an application for, and issuance of, a water use permit, which shall be separate from, and in addition to, any other land use approval required by law or ordinance for the underlying development. No person shall develop or change the use of land within the City, or take any other action, which results in increased use of the City's water system, without a water use permit.

B. Application and fee. The fee for a water use permit Application shall be in an amount set forth in the Code of the City of Lebanon, Chapter 68, Fees, and shall be payable at the time the application is filed. Applications shall be made through the Department of Public Works on a form as approved by the City Manager or his or her designee, and shall include information about the development proposal which is detailed enough to enable an accurate capacity analysis, as set forth below. Failure to provide required information shall be considered sufficient cause to refuse to grant a permit. Only after all information has been submitted and the application is deemed complete by the Department of Public Works shall a capacity analysis be completed.

C. Capacity analysis. In determining whether there is adequate capacity within the City's water system to provide an adequate supply of water for a particular water use permit application, the City or City's consultant shall when the Director of the Department of Public Works deems it necessary, conduct an analysis of the capacity of the system which is applicable to the application under consideration. The applicant shall provide the necessary funds as determined by the Department of Public Works necessary to pay for the cost of the capacity analysis. The funds provided shall be kept by the City in escrow and drawn upon by the City to pay for the analysis. Any funds remaining after all of the costs of the analysis are completed shall be returned to the applicant.

§ 182-38 Connections.

New connections to the existing City water distribution system shall require the approval of the City Manager or his or her designee. Water connections shall require the issuance of a water use permit in accordance with § 182-37.

§ 182-39 Expanded water use.

Any development, change of use, or other action implicating an expansion of water system use shall require the approval of the City Manager or his or her designee in accordance with § 182-45, even if it does not involve any new water connection or water main extension.

§ 182-40 Extensions.

Extensions of water mains within the City of Lebanon shall require the approval of the City Council under this section as described below; provided, however that water main extensions which extend a distance of no more than 600 linear feet may be approved by the City Manager, applying the same criteria and requirements as set forth in this section. All extensions of water mains shall, in addition, require the issuance of a water use permit in accordance with § 182-37.

A. Upon the request of the City Manager for the extension of water mains the City Council shall make a determination upon the request and shall base its decision upon available/adequate capacity; need; topographic limitations of the City to supply; proximity of a supply point or source to the street or streets to be served; whether such extension will occur within an Urban Services District, if such District is created by the City Council; priority considerations; estimated costs and schedule of financing.

(1) Cost estimates. Prior to a determination by the City Council to extend water 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 subsection.

(2) Procedure for financing:

(a) If a water main extension request is deemed to serve as a necessary public benefit, the City Council may appropriate the necessary funds.

(b) The total cost of an extension may 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.

B. Upon the request by a property owner or a developer(s) to extend a water main or mains, the City Council shall make a determination upon the request and shall base its decision upon technical feasibility to include available/adequate capacity; fiscal consequences; whether such extension will occur within an Urban Services District, if such District is created by the City Council; estimated costs and schedule of financing; whether or not the petitioners or developer shall pay for all costs relating to the extension.

(1) Extension agreements. All requests for extensions of water mains as proposed by a developer shall require 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 City standards and 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 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. The applicant shall keep a minimum $2,500 balance in escrow. 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 B(6)(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.

(d) If any portion of the proposed extension is not within a City highway or right-of-way, the developer shall acquire and convey 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 a recordable plan.

(e) After the extension has been substantially completed, as certified by the City Engineer or other such person as designated by the Public Works Director, the developer shall be responsible to repair and maintain the extension for a period of one year or until such time as the City's acceptance of the extension improvements are complete.

(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, as set forth in RSA 508:4-b, including all defects in design, materials or workmanship, and shall be liable to the City, upon written notice by the City, for the cost of repairs or replacements of all defective improvements. 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 allowed 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 owner(s) 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. The City Manager shall determine the pro rata share of cost to new applicants seeking connection to the extension based on the following criteria:

(a) The depreciated value of the extension infrastructure paid for by the developer at the time the new applicant utilizes the extension.

(b) The percentage of the extension at the point at which the new connector accesses the connection. In essence, how much of the new extension is the connecting applicant utilizing.

(3) 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 a two-year period from the date the project is accepted by the City, and shall be for the benefit of the City.

(4) 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 main and rights-of-way to the City to become part of the City water system and the responsibility of the City thereafter.

§ 182-41 Private water mains.

A. Private water mains are defined as those lines having a diameter of two inches to 12 inches and installed on private property by the landowner or developer. Such private mains shall be constructed, installed and maintained in accordance with City standards at the sole expense of the landowner, and shall require approval in accordance with the provisions of § 182-40.

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 this Chapter 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 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.

§ 182-42 Water lines within highways and sidewalks.

Except in cases of emergency, applicants shall obtain and comply with excavation permit requirements as outlined in the Code of the City of Lebanon, Chapter 152, Streets and Sidewalks.

§ 182-43 Appeals.

A. Any determination, denial, partial denial or revocation of a water use permit or water main extension by the City Manager or his or her designee may be appealed to the City Council within 30 days of notice of denial by the City Manager. For those appeals where no modification, exception or extension is being requested, the question upon such appeal shall be whether the standards of this article have been properly applied.

B. The Council may, upon such appeal, or upon direct application to it, and for good cause shown, grant an exception, or modification, with respect to the standards contained in this article, upon such terms and conditions as the Council determines to be fair and equitable, provided that such grant, considered together with such terms and conditions, provides equivalent protection of health, safety and environment, is not inconsistent with the goals and purposes of this article, and is capable of being applied in an impartial manner. In acting upon any such appeal, exception, modification or extension, the Council shall consider only those aspects of the underlying development involving the use and integrity of the City's water distribution system and shall not consider other aspects of the development which are subject to review by the Planning Board or other municipal body.

C. In the event that an exception or modification is granted, the applicant and the City shall enter into an agreement similar to a water extension agreement under § 182-40(B)(1) above, including any such details of that section as the Council determines to be applicable. In the event that the exception or modification is conditioned upon improvements which an applicant has offered to construct or fund, and such improvements are expected to create greater capacity in some element of the water system than is required to meet that applicant's needs, and the Council accordingly determines that the applicant should be reimbursed for some pro rata portion of that applicant's costs, the agreement shall detail the amount and mechanism for reimbursement.

D. An appeal or request for modification under this section shall be taken by filing, with the City Manager, a written document setting forth in detail the aspect of the underlying decision being appealed, and the reasons why that decision is believed to be erroneous, and/or any exception, modification or extension being requested, and the reasons and justification therefor. The determination by the Council, acting as proprietor of the City's water system, shall be deemed final. Any decision or determination made under this article and not appealed within the 30 days shall be deemed final.