The following words, terms and phrases when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any industrial waste having a total suspended solids
or BOD content in excess of that found in normal domestic wastewater
but which is otherwise acceptable into a public sewer under the terms
of this division.
means the quantity of oxygen by weight, expressed in mg/l,
utilized in the biochemical oxidation of organic matter under standard
laboratory conditions for five days at a temperature of 20 degrees
Celsius.
means those water and/or sanitary sewer facilities located
in a street, alley or easement that is common to or between two or
more tracts of land of different ownership such that the one facility
serve more than one tract of land.
are synonymous and are used interchangeably, and shall mean
any person, partnership, firm, association, corporation and/or any
officer, agent, employee, servant and trustee thereof who does or
participates in the doing of any act toward the subdivision of land.
means the administrative head of the public works department
of the city, as designated and appointed by the city council or their
designated representative.
means a person duly authorized under the provisions of the
state engineering act, as heretofore or hereafter amended, to practice
the profession of engineering in the state. The term "developer's
engineers" shall identify the engineers employed or retained by the
developer to perform design or engineering functions for the developer.
means the representative of the city who is specifically
assigned to inspect any or all parts of the water and sanitary sewer
system, particularly new subdivision extensions, but who is without
authority to revise, alter or revoke the requirements of the rules,
regulations, policies and procedures of the city or the approved contract
documents for the job. Such inspection, or lack of inspection, will
not relieve the contractor from any obligation to perform the work
in accordance with the requirements of the contract documents and/or
applicable city, county or state codes.
means wastewater discharged by a person into sanitary sewers
and in which the average concentration of total suspended solids is
not more than 250 mg/l, BOD is not more than 170 mg/l and which is
otherwise acceptable into a public sewer under the terms of this Code.
means the water and/or sewer mains located outside the boundaries
of and not contiguous with the area of development except by point
of contract but that are required to join the development to the prior
existing system.
means those water and/or sanitary sewer mains situated within
or surrounded by a single development. Generally, all discussions
of facilities will pertain to on-site facilities unless they are specifically
denoted to the off-site or boundary facilities.
means the difference in cost between the main built and the
cost of the size main determined to be the minimum size required to
serve the subdivision as determined by the director of public works.
The minimum size main upon which oversize cost shall be determined
shall not be less than the standard main.
means any person, firm, association of persons or corporation,
including a public, private or municipal corporation.
means that portion of the connecting sewer located in the
roadway, street, alley or easement between the sewer main and the
right-of-way line or property line and shall consist of the "Y," "T,"
manhole or tapping saddle and the required length of service pipe.
means the examination and analytical procedures set forth
in the latest edition, at the time of analysis, of Standard Methods
for the Examination of Water and Wastewater as prepared, approved
and published jointly by the American Public Health Association, the
American Water Works Association and the Water Pollution Control Federation.
means a sanitary sewer main six inches or larger in diameter.
means a water main six inches or larger in diameter, adequately
supported by eight inches or larger water mains to provide fire protection
as recognized by the National Board of Underwriters.
shall mean the Revised Standard Specifications for Waterworks
and Sewerage Improvements in the City of Richland Hills.
means the division of any lot, tract or parcel of land into
two or more parts.
means solids, measured in mg/l, that either float on the
surface of, or are in suspension in, water, wastewater or other liquids,
and which are largely removable by a laboratory filtration device.
means the city waterworks system and mains, and all other
works of the city directly connected therewith, and all plants, properties
and appliances incident to or connected with the operation of such
water department, and shall include the sanitary sewerage system and
sewage treatment plant of the city.
[Code 1984, ch. 11, § 4(A)]
(a)
Basic
policy.
(1)
Subdivisions being subdivided for the retail sale of homesites, industrial,
commercial and other residential subdivisions within the city shall
be provided with water supply and distribution systems and with an
approved sewage collection and disposal system. Connection with the
sanitary sewer system shall be required.
(2)
The developer shall pay all costs attributable to the installation
of water and sewer facilities as are needed to fulfill the basic criteria
requirements of the city for service within his subdivision.
(3)
All subdivision extensions shall be covered by a written and executed
agreement of form prepared or approved by the city attorney which
clearly defines the scope and details of the proposed extension and
particularly contains the developer's agreement to abide by all regulations
of the city and to deliver to the city clear and unencumbered title
to all the proposed improvements at the time of acceptance by the
city, which must be prior to commencing service.
(b)
Basis
of extension.
Where extensions of water and sanitary
sewer systems are required to serve property which is to be subdivided
or platted for development by a developer, water and sanitary sewer
facilities may be extended to such properties on the following basis
and in accordance with minimum standards and procedures described
below:
(1)
Plan to be approved.
It shall be unlawful for any person
to provide water and sewerage to any lot, plot of land, tract or any
part thereof unless and until such plan, plat, or re-plat for such
lot or tract of land has conformed to the platting requirements of
the city, has been approved by the planning and zoning commission
and has been filed for record with the county. Before consideration
of a final plat by the planning and zoning commission, owners of the
tract or subdivision shall submit to the director of public works,
for his approval, a map or plat showing the location of water and
sanitary sewer mains which will be required to ensure adequate service
and fire protection to the lots specified in such proposed tract or
subdivision.
(2)
Extensions within property to be developed.
Developers
of such property will defray the entire cost of water and sanitary
sewer system within their subdivision except that the city will refund
the oversize cost of any water main or sanitary sewer main larger
than six inches in size, unless a larger size is required to serve
the subdivision in question. Size of mains for adequate service shall
be determined by the engineer and submitted to the director of public
works for approval. The request for city participation on oversize
facilities shall be submitted to the city council for their approval
prior to any construction taking place. Refunds for oversize cost
will be made upon acceptance of the systems by the city. All water
and sanitary sewer mains shall be extended to the tract or addition
line in order to provide service to adjacent property where applicable.
The city reserves the option of requiring all on-site sewage flows
generated by any development or part thereof to be delivered to a
single location for off-site disposal. Should a lift station and/or
force main be required to utilize a provided off-site service location,
such lift station and/or force main shall be installed at the developer's
cost. Where a lift station is required to be constructed, the developer
shall provide allweather access facilities, initial power supply and
a wet-well for such lift station at developer's cost. The drawings
shall be submitted to the director of public works for approval prior
to beginning construction. When a treatment plant is necessary to
serve a development or any part thereof, the developer is to provide,
at no cost to the city, the sewage treatment plant, all-weather facilities
and initial power supply. Additionally, when the city in its permit
requirements is required to provide treatment greater than secondary
or is required to pipe the effluent beyond the discharge point of
the plant location, the developer shall pay for all costs for such
equipment connected with such additional treatment or pipe extensions.
Developers of such property will defray the entire cost of such lift
station, force main and/or sewage treatment plants except that the
city will refund the oversize cost of any lift station force main
and sewage treatment plant larger than that is necessary to serve
the subdivision in question. Capacity of such lift station, force
main and/or sewage treatment plant necessary to serve the subdivision
shall be determined by the engineer and submitted to the director
of public works for approval. The director of public works' decision
will be final. The request for city participation on oversize facilities
shall be submitted to the city council for their approval prior to
any construction taking place. Refunds for oversize cost will be made
upon acceptance of the system by the city.
(3)
Mains lying along one or more sides of a subdivided tract.
a.
For mains six inches in size, the developer will be refunded one-half
of the actual construction cost of the size main constructed. The
request for city participation on oversize cost shall be submitted
to the city council for approval prior to any construction taking
place. Such refunds will be made upon acceptance of the system by
the city.
b.
For mains larger than six inches in size, the developer will be refunded
the difference between the cost of such water and/or sanitary sewer
main and one-half the cost of six-inch main or such larger sizes as
are required to serve the subdivision for which extensions are required,
provided the developer has advanced the total cost of such mains.
The request for city participation on oversize cost shall be submitted
to the city council for approval prior to any construction taking
place. Refunds will be made upon acceptance of the system by the city.
(4)
Off-site extensions.
Where water and/or sanitary sewer
facilities are not available to a tract to be developed, the city
will pay for such facilities to the subdivision property line within
the following limitations:
a.
The request for city participation on off-site facilities shall be
submitted to the city council for their approval prior to any construction
taking place. If the request is denied, the developer may install
these facilities at his entire expense. If the city council approves
the request and funds are available, refunds will be made upon acceptance
of the system by the city and upon application by the owner.
b.
If funds are not available for the city's participation at the time
of acceptance, the city may enter into a contract with the developer
to reimburse him for 100 percent of the city's cost of off-site facilities.
Payment on this contract will be based on 50 percent of the water
and sewer revenue received for water and sewer service received from
this subdivision each year until the full cost has been recovered,
if such arrangement is approved by the city council.
(c)
Control
of meters.
All water furnished by the water department
to its consumers shall be measured by meters. The size, type and right
to own and control all meters installed or used by consumers shall
be determined by the water department.
[Code 1984, ch. 11, § 4(C)]
When an existing water or sanitary sewer main lies in a street,
alley or easement in or adjacent to an area or tract of land to be
subdivided and developed, the developer shall pay to the public works
department the applicable pro rata charge for the water main and sanitary
sewer main before extensions from or connections to such line or lines
are made. Should such existing main lie alongside the subdivision,
one-half of these costs shall be paid if the city has participated
in the original construction cost.
(1)
Methods
of procedures.
Water and sanitary sewer main extensions
to serve a subdivision in the city may be accomplished in the following
manner:
a.
Upon
approval by the city, a developer shall have his engineer design and
prepare construction drawings of water and sanitary sewer facilities
to serve the subdivision including any off-site facilities that may
be required. These drawings shall conform in all details to the city's
standard specifications as to design, grade, location, size and quality
of materials and construction.
b.
Plans
and profiles submitted by the developer's engineer shall be on standard
24-inch by 36-inch sheets of blueline paper. Plans and profiles shall
be shown at scales of one inch to 40 feet or one inch to 100 feet
horizontal, and one inch to four feet vertical, unless approval is
given otherwise. Plans and profiles shall show clearly all surface
improvements, all existing or proposed subsurface utility lines and
obstructions and street and alley grades as approved by the department
of public works. The engineer submitting the plans and profiles must
affix his seal and signature to the tracings of all drawings.
c.
Upon
preliminary approval of the drawings by the city, the developer may
enter into a contract with a water and sewer contractor approved by
the city; provided however, that the construction and installation
of the water mains and sanitary sewer mains shall be viewed by inspectors
of the city to see that the installation is made in accordance with
the drawings and the city's standard specifications which in every
instance shall be a part of such installation contract.
d.
Upon
preliminary approval, the engineer for the developer will be furnished
with three blank forms of the standard city developer agreement. This
agreement shall be executed by the water and sewer contractor, shall
be executed by the developer and approved by the city prior to any
construction beginning in the subdivision. The contract entered into
between the developer and a contractor shall provide for a performance
bond, payment bond and a two-year maintenance bond, which is a part
of the standard city developer agreement. Each of the bonds referenced
in this subsection shall be in an amount equal to the total contract
price.
e.
Upon
final approval, the developer's engineer shall furnish the city such
prints as the city may require. There shall also be furnished to the
city half size mylar reproducibles of the drawings. When the project
is ready for construction and the plat has been filed with the county,
it shall be the responsibility of the developer's engineer to furnish
line and grade stakes on water and sanitary sewer mains, water and
sewer services, fire hydrants, manholes and manhole tops. After installation
and acceptance by the city, the developer's engineer shall furnish
one as-built set of drawings to the city. No installation of water
and/or sanitary sewer mains will be made at any other location except
a dedicated street, alley or an easement running in favor of the city,
which shall be filed of record by the owner of such addition. Any
such installation, when made, shall become the property of the city,
free and clear of all encumbrances.
f.
The
city specifically reserves the option to advertise for bids and install
all or any portion of extension of off-site water and sanitary sewer
mains and oversize water and sanitary sewer mains. When the extension
or improvement is to be installed under contract between the city
and contractor, the cost of which is to be paid wholly or partially
by a developer, the contractor shall not be authorized to commence
work until after the city has received the full amount due in cash
from the developer, such amount to be placed in escrow.
g.
After
final completion of the work to the satisfaction of the director of
public works, a letter of acceptance will be furnished to the developer.
No payment in an amount more than 90 percent of the total cost of
the water and sewer contractor's work shall be made to the water and
sewer contractor by the developer until such letter has been received.
(2)
General
disposition of funds.
Any and all sums of money hereinafter
collected as a fee or connection charge at the rate set out in this
section shall be credited to the water and sewer fund of the city.
a.
City
not obligated if funds not available.
In no event shall
the city be obligated to proceed under the terms of this division
if funds are not available or if in the discretion of the city the
extension may not be practical. Nothing in this division shall be
construed as a surrender by the city of its control over streets,
alleys, public ways or public easements. The decision of the director
of public works shall be final in determination of line size and approval
of drawings and specifications.
b.
Standard
specifications.
All water and sanitary sewer work shall
be done in accordance with the revised standard specifications for
waterworks and sewerage improvements in the city, as adopted by the
city council, and the latest revisions thereof.
c.
Treatment
plants and lift stations upon public property.
Where
it is necessary to provide a treatment plant or lift station as a
part of the sewer service to a development or any part thereof, all
portions of such treatment facilities or lift stations including access
roads thereto shall be upon public property or within an easement
or right-of-way secured by an appropriate written instrument suitable
for filing with the county clerk.
d.
No
vested rights.
No person shall acquire any vested rights
under the provisions of this division.
[Code 1984, ch. 11, § 4(D)]
