[Added 12-4-2019 by Ord. No. 2019-15]
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.
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.
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.
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.
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.
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.
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.
C.
In connection with any approved expansion or modification of water infrastructure under this § 182-40, the City Manager shall have authority to accept on behalf of the City rights-of-way and other interests in property as described in Subsection B(1)(d) and (4) above. All such interests shall comply with the requirements of those subsections. To the extent a water project authorized under this § 182-40 renders obsolete any existing rights-of-way or other property interests held by the City for water purposes, the City Manager shall have the authority on behalf of the City to release such interests upon written certification from the City Engineer, or such other person as designated by the Public Works Director, that the property interest is no longer needed by the City for water purposes and is not reasonably anticipated to be needed by the City for that purpose in the foreseeable future.
[Added 7-3-2024 by Ord. No. 2024-10]
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.
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.
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.
