[Added 12-4-2019 by Ord. No. 2019-14]
The purpose of this article is to provide for the procedure,
terms and conditions for extensions of City sewer mains, connections
to the existing City sewer system, and requests for expanded sewer
use allocations to protect the public welfare and safety of residents
of the City of Lebanon.
Every element of the City's sewer collection and treatment infrastructure
has capacity limitations and will continue to have some limitations
even as the City takes actions to increase capacity. The City has
assessed the system's capacity and intends to continue to regularly
monitor and update that assessment as new data becomes available.
The public interest requires that limitations on the approval of sewer
usage must be established, to be adjusted on an ongoing basis. It
is the further purpose of this article to institute a process for
evaluating the elements of the City's sewer collection and treatment
system to be impacted by any new development or change in land use
which may result in an expansion of sewer system use, so as to assure
that each impacted system element has adequate unused, unallocated
capacity for the proposed expansion, to thereby prevent any future
failure or overflow, with the attendant health and environmental damage
and/or violations of clean water and pollution laws; and further,
to create a system of allocation so as to prevent expansions of sewer
use from consuming such high portions of the remaining capacity of
any system element as would be unfair and inequitable to owners of
other lands served by the system.
In order to maintain a margin of safety, any sewer main or pipe,
either part of a sewer interceptor, or other element of the sewer
collection system, which contains flows at 95% of the available capacity
for that size pipe shall be considered at full capacity. No development
of land, change of land use, or other action implicating an expansion
of use of the sewer collection system shall be permitted if such change,
when flows and development impacts are calculated in accord with this
article, causes any element or portion of the sewer collection system
to exceed that 95% level, as determined by the Director of Public
Works.
No single development of land shall take place within the City, be given approval for a sewer extension, sewer connection, or be permitted to expand the property's existing use of the sewer system if such request increases the estimated flows in the sewer collection system (collector pipe, sewer main, or sewer interceptor) by an amount greater than 50% of the unallocated remaining capacity (as calculated under § 136-102 above and § 136-105 below) within the system at the time a sewer use permit is requested. This 50% limitation shall be applied to all elements of the system between the point which the flows from the development would enter the system, and the Lebanon Wastewater Treatment Plant. The Council can consider requests to exceed the 50% capacity on a case by case basis, in accord with the provisions of § 136-111 below.
A.
The City accordingly finds that, based on the information as determined
by City water use records and as presented in the Ten State Standards
and Metcalf and Eddy/AECOM Wastewater Engineering Treatment and Resource
Recovery, Fifth Edition, Table 3-2, (assuming one person per bedroom
for a single-family), sewage flow estimates by use shall be calculated
as follows:
(1)
Residential (one- or two-family):
(a)
Studio/one-bedroom, single-family flowrate (103 gpd/capita x
one person) = 103 gpd = 105 gpd rounded.
(b)
Two-bedroom, single-family flowrate (77 gpd/capita x two people
= 154 gpd) = 160 gpd rounded.
(c)
Three-bedroom, single-family flowrate (68 gpd/capita x three
people = 204 gpd) = 210 gpd rounded.
(d)
Four-bedroom, single-family flowrate (63 gpd/capita x four people
= 252 gpd) = 260 gpd rounded.
B.
When assessing capacity for the existing City sewer system, the City
shall use the sewer flow model and shall require sewer flow calculations
to include a peaking factor of 3.5 based upon information from "Recommended
Standards for Wastewater Facilities - 2014 Edition" (aka Ten State
Standards), Figure 1. For sewer extensions and onsite sewer system
sizing, the NHDES Standards of Design and Construction for Sewerage
and Wastewater Treatment facility peaking factors shall be used.
A.
The procedural mechanism for assuring compliance with § 136-102 and § 136-103 above shall be an application for, and issuance of, a sewer 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 sewer system, without a sewer use permit.
B.
Application and fee. The fee for a sewer use permit application shall be in an amount set forth in 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 necessary to issue a notice of allocation has been submitted and the application is deemed complete for that purpose 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 sewer system to accept flows from a proposed development as set forth in an application, the City or City's consultant shall utilize the sewer system model developed and provided by Weston and Sampson Engineers as a result of the City's Capacity, Management, Operations, and Maintenance (CMOM) initiative along with any revisions thereto. The determination of the remaining unallocated capacity for any element of the sewer collection system shall be based upon the estimated capacity as it exists at the time of the sewer use permit application, reduced by any outstanding unutilized allocations, as described in Subsection E, below. The applicant shall provide the necessary funds, as determined by the Department of Public Works, 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.
D.
Notice of permitted allocation. Once a capacity analysis has been completed and a determination has been made that adequate sewer capacity is available to serve a proposed development in accordance with the standards of this article, the City Manager shall issue a notice of allocation to the applicant. The effect of the notice of allocation shall be to allow the applicant to reserve the permitted capacity for the applicant's use while other land use permits required for the particular development are applied for and reviewed. At the time of receipt of the notice of allocation, the applicant is required to pay 20% of the current sewer development charge as described in Article XV below, in an amount set forth in the Code of the City of Lebanon, Chapter 68, Fees. The applicant must make payment of the sewer development charge within 30 days or the notice of allocation will expire automatically.
E.
Effect of notice of allocation on later applications. Once a notice of permitted allocation has been issued, the amount of sewer capacity reserved under that notice shall be subtracted from the total remaining unallocated capacity of each element of the sewer system impacted by that application, for purposes of applying the 95% limitation in § 136-102 and the 50% limitation in § 136-103 to subsequent applications. If the notice of allocation or the corresponding sewer use permit expires under the terms of this article, the capacities affected will be added again to the unallocated remaining capacity calculation; provided, however, that no such readjustment shall be made after the underlying development permit (subdivision, site plan, or other type of approval) becomes final and vested; from that point forward, the sewer impacts of that permit will instead be accounted for through the City's ongoing monitoring of its sewer collection system.
F.
In the case of conflicting requests for unallocated remaining capacity,
allocation shall be on a first-come, first-serve basis, based on the
date of the City's receipt of a complete sewer use permit application
with all required information. The City Manager is authorized to maintain,
upon some fair basis, a waiting list of persons whose applications
are denied due to lack of capacity, to enable such applicants, at
their option, to retain higher priority for allocation of additional
capacity, should it become available at a later time.
G.
In order to retain the permitted sewer allocation, the applicant
must obtain a final subdivision, site plan, or other approval within
two years of the date of the notice of allocation. If Planning Board
approval, or, if none is required for the development, then a building
permit or other required approval, is not obtained within two years,
or if any such approval is denied, and such denial becomes final,
then the notice of allocation shall expire, and the associated sewer
capacity will be returned to the system for use by others. If Planning
Board or other approval is obtained within two years of the date of
notice of allocation, and if the applicant has received approval from
the Director of Public Works for any sewer construction plans required
for the project, the City Manager shall issue a sewer use permit.
Upon receipt of the permit, applicant shall pay the remaining 80%
of the assessed sewer development charge within 90 days or the permit
will expire. The sewer use permit shall run concurrently and congruently
with its associated Planning Board or other approval. Should the Planning
Board or other approval lapse or be revoked for any reason, the sewer
use permit will become null and void.
H.
The initial 20% of the sewer development charge shall be placed in
escrow and is refundable to the applicant if the Planning Board or
other required approval is denied. When a sewer use permit is issued
the funds held in escrow and any interest earned shall become nonrefundable
and shall be transferred to the sewer fund.
I.
The issuance of a notice of allocation or sewer use permit shall
not be deemed to create any kind of vested or property right in the
City-owned sewer system. The privileges conferred by such permits
may not be assigned, traded, exchanged among properties, or applied
to a materially different development without the approval of the
City Manager acting on a revised application submitted under this
section.
All new connections to the existing City sewer system shall require the approval of the City Manager or his or her designee, by way of the issuance of a sewer use permit in accordance with § 136-105.
Any development of land, change of use, or other action implicating an expansion of sewer system use, shall require the approval of the City Manager or his or her designee in accord with § 136-105, even if it does not involve any new sewer connection or sewer main extension.
Extensions of water and sewer mains within the City of Lebanon shall require the approval of the City Council under this section as described below; provided, however, that sewer 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 sewer mains shall, in addition, require the issuance of a sewer use permit in accordance with § 136-105.
A.
Upon a request made by the City itself, through of the City Manager,
for the extension of sewer 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 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.
B.
Upon a request by a property owner or a developer(s) for the extension
of sewer 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 sewer 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(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.
(d)
If any portion of the proposed extension is not within a City
highway, 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 is 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 sewer main and rights-of-way to the
City to become part of the City sewer system and the responsibility
of the City thereafter.
A.
Private sewer mains are defined as those lines having a diameter of eight 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 by the City Manager under § 136-108 above, in addition to a sewer use permit under § 136-105.
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 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 Council determines that
the public interest requires the acquisition of such private mains
to be incorporated into the City 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.
Except in cases of emergency, applicants for sewer use permits or sewer main extensions shall, prior to commencing any construction within any City sidewalk or highway right-of-way, obtain and comply with excavation permit requirements as outlined in the Code of the City of Lebanon, Chapter 152, Streets and Sidewalks.
A.
Any determination, denial, partial denial or revocation of a sewer
allocation, sewer use permit or 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, modification, or
time extension 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 sewage disposal and/or the use and integrity of the City's
sewage 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 cases where the modification requested is for an allocation which exceeds the 50% limitation set forth in § 136-104, the Council shall consider the following, in addition to the standards of Subsection B above:
(1)
Whether the proposed development is either at or near an end
point in the sewer collection system, and if so, whether there is
a likelihood, in light of zoning, environment, and other factors,
of further development beyond that end point which is likely to require
additional sewer connections or extensions.
(2)
Whether improvements to the sewer collection system are planned, either City funded or privately funded, which will generate additional capacity for the involved elements of the system within the next two years. However, no sewer use permit which is based upon such a planned increase in capacity shall become final for purposes of connection and use unless and until such system improvements have been completed and are functional, and this restriction shall be inserted into the agreement executed pursuant to Subsection D below.
D.
In the event that an exception or modification is granted, the applicant
and the City shall enter into an agreement similar to a sewer extension
agreement under § 136-108(B)(1) above, including any such
details of that section as the Council determines to be applicable.
Such an agreement shall constitute a notice of allocation for purposes
of this article. 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 sewer 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.
E.
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. Such an appeal must be filed within
30 days of the applicant's receipt of the decision or notification
being appealed. The determination by the Council, acting as proprietor
of the City's sewer system, shall be deemed final. Any decision or
determination made under this article and not appealed within the
30 days shall be deemed final.
