[Amended by Res. 2617, 1-17-2023]
If an applicant's property can be served from an existing water main, the conditions of service shall be in accordance with this Article, otherwise an application for an extension of the facilities necessary to provide such service can be made as set forth in Section 3-3.201. The provisions described in this Article shall apply once an extension of facilities is made.
(a)
Except
for planned commercial or mixed use developments, permanent water
service shall not be provided unless a District water main of adequate
size extends across the entire frontage of each lot to be served or
unless a limited services agreement is approved.
(b)
A
District main shall extend across the entire frontage of a planned
commercial or mixed use development, but need not extend across the
frontage of each lot within a planned commercial or mixed use development
if the General Manager determines arrangements have been made to ensure
adequate service to lots without frontage.
(c)
Multiple
commercial or residential units may be served through a single meter,
but such individual buildings and units will be individually sub-metered
for water conservation purposes. Accounting of water through sub-meters
is the responsibility of the property owner.
Property presently receiving service, but not immediately adjacent
to a District water main, may continue to receive service, until such
time a water main is installed adjacent to such property. At that
time, the General Manager will give written notice to customers and
the property owners without limited service agreements that the water
connection will be relocated to the new main at the expense of the
District.
Installation or connection charges or water conservation fees
paid in conjunction with the original service location will be credited
to the new service connection. The District will pay “frontage
fees” if the new main is being privately financed. The abandoned
service will thereafter be treated as a “Sealed Service.”
The parties will have 120 days after the notices are mailed
within which to connect their plumbing to the new service connection,
at their own expense. Failure to comply may result in the discontinuance
of service to the property.
[Amended by Res. 2617, 1-17-2023]
Water service connections will be installed within the projection
of the side property lines as near as possible to the location desired
by the applicant, and shall meet the minimum size determined by local
plumbing code requirements. Service connections will be made only
adjacent to mains readily accessible by public streets, alleys, or
other rights-of-way capable of accommodating District vehicles and
equipment.
The District will exercise reasonable diligence and care to
deliver a continuous and adequate supply of water to the customer
at a reasonable constant pressure and to avoid shortage or interruption
in delivery. The District offers water at its system pressure, and
the applicant must install adequate plumbing and protective devices
in accordance with the current Uniform Plumbing Code in order to utilize
the available water at whatever reasonable constant pressure is available
in the system. The District is not responsible for the maintenance
of pressure and reserves the right to discontinue service while making
repairs required in the operation of the water system. Customers depending
upon a continuous supply should provide for their own emergency storage.
[Amended by Res. 2617, 1-17-2023]
(a)
Regulators
will be required ahead of the District’s meter where static
pressures are in excess of 150 psi. Applicants for service will be
charged for the District’s costs of furnishing and installing
the regulator. The District will set the regulator at 75 psi unless
a signed waiver is received from the customer specifying a desired
pressure, not to exceed 145 psi. The District assumes no liability
for the accuracy of the regulator pressure setting, nor the reliability
of the regulator. Customers will also be advised, but not required,
to install their own secondary pressure regulator and pressure relief
valve to provide protection of plumbing and equipment on the customer
side of the meter. Customers are responsible for installing and maintaining
any and all equipment that may be necessary to protect their appliances
and plumbing.
(b)
Applicant
shall execute an elevation agreement if the minimum gradient at the
average elevation of the building foundation is lower than 35 psi.
The form for elevation agreements shall be as from time-to-time approved
by the Board.
If the applicant's property cannot be served from an existing
water main, then the applicant shall provide for the extension of
the facilities necessary to provide such service in the manner set
forth in this Article.
Depending upon the underlying facts, an applicant may provide
for the extension of facilities by one or more of the following: (1)
entering into a special contract; (2) construction of an individual
main extension; or (3) installing and dedicating a subdivision main
extension.
(a)
If
an applicant is otherwise required to provide for a main extension
because a District water main is not contiguous to the entire frontage
of the applicant's property, the General Manager may in the exercise
of his sole discretion enter into a "Limited Service Agreement" with
the applicant in lieu of the main extension.
(b)
If
an applicant is otherwise required to provide for special facilities
because the existing facilities do not deliver a sufficient water
pressure to the applicant's property, the General Manager may, in
the exercise of his sole discretion, enter into an "Elevation Agreement"
with the applicant, in lieu of requiring the installation of the special
facilities.
(c)
If
an applicant is otherwise required to provide for the extension of
District facilities but may obtain service from facilities operated
by another water purveyor, the General Manager may, in the exercise
of his sole discretion, enter into a "Water Purveyor Agreement" with
the other water purveyor to provide such service.
(d)
The
“Limited Service Agreement,” “Elevation Agreement,”
and “Water Purveyor Agreement” approved by the General
Manager shall be in the form approved by the Board from time-to-time.
An applicant shall pay the cost of the main extension necessary
to satisfy the appropriate frontage requirements. The necessary main
extension may be accomplished in either of the following two ways:
(a)
The
applicant may contract for the installation of the main extension
by private contractor. The design, construction, collection of fees
and deposits, inspection and acceptance of the work shall be in the
same amounts and in the same manner as are provided for subdivision
construction herein. If refunding agreements are to be set up, the
applicant must furnish satisfactory evidence on the cost of the work,
including that of at least two legitimate bids were received for the
work. Completion bonds will be required if the applicant requires
that the District certify to the County that water service will be
available to the premises.
(b)
The applicant may have the District undertake the installation of the main extension. Deposits for design and inspection will be collected as provided herein. Deposit for the construction of the main extension will be provided in accordance with the schedule of costs from time-to-time promulgated by the General Manager and available at the District office in accordance with the procedure established in Chapter 3-2 of the Title. The deposit schedule shall reflect the District's costs for the pipeline, necessary appurtenances thereto, and administration, construction drawings and surveying fees.
Two methods are available to partially refund the cost of an
individually financed main extension:
(a)
Upon
acceptance of an individual main extension by the District, the District
will require all applicants whose property fronts upon the main to
pay to the District a pro rata share of the original cost of the main
extension before rendering service to the applicant. Thereafter, the
District will refund all such collections to the person who paid for
the main extension, or his or her successors or assigns, provided
the terms and conditions of such refund shall be set forth in a Main
Extension Refund Agreement executed by the General Manager on behalf
of the District. (See Appendix B.) The Agreement shall provide, among
other things:
(1)
The refund shall be collected from persons who connect to the main
within ten (10) years from the date of acceptance of the main by the
District; and
(2)
The person entitled to receive the refund keeps the District fully
informed as to his whereabouts.
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The 10-year refund deadline may be extended for an additional
ten (10) years upon written application to the Board for such extension,
presented at least sixty (60) days prior to the expiration of the
first ten-year period.
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(b)
If
the main is shown on an improvement plan of the District, indicating
its proposed installation within a reasonable period of years, an
agreement to refund the cost of the presently required section of
the main may be entered into by the District, to be paid to the person
entitled thereto, at such time as the main is scheduled for installation
but, in no event, shall any such District refund be made more than
ten (10) years after the District's acceptance of the section of the
main constructed in accordance with these provisions.
An application for service to property to be subdivided shall
not be acted upon until the completion of a preliminary design at
the applicant’s expense, as a basis for the General Manager’s
recommendation to the Board as to the facilities required, and the
estimated amount of any District participation in the proposed water
system therefor.
The General Manager shall also review the preliminary design
to determine the feasibility of providing recycled water service to
all or a portion of the proposed subdivision. The General Manager
shall make his recommendations to the Board as to such feasibility
when the preliminary design report for the subdivision is presented
to the Board. The nature and extent of required recycled water system
improvements based upon the criteria set forth in Title 4 of this
Code.
To the extent feasible, the preliminary design shall use the
criteria established for landscaping plans adopted by the city or
county with jurisdiction by law under the Water Conservation in Landscaping
Act. The preliminary design shall be at least as strict as the criteria
established under the Water Conservation in Landscaping Act and may
include additional water conservation requirements.
The Board shall consider the report and recommendation of the
General Manager and the preliminary design report. The Board shall
thereupon approve the final design of the water system improvements
for the subdivision.
Subdividers shall install the complete water system shown in
the final design report, including service connections to each lot.
The timing of all District construction shall be at the sole discretion
of the Board.
Before the District will certify that it will furnish water
to the subdivided lands, the subdivider shall provide the District
with security sufficient to ensure the water improvements will be
constructed. Such improvement security shall be one of the following
at the option of and subject to the approval of the District:
(a)
“Performance”
Bond or bonds by one or more duly authorized corporate sureties.
(b)
A
deposit of money or negotiable bonds of the kind approved for securing
deposits of public moneys.
(c)
An
instrument of credit from one or more financial institutions subject
to regulations by the state or federal government and pledging that
the funds necessary to carry out the act or agreement are on deposit
and guaranteed for payment.
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Such security shall be in the amount of 100% of the total estimated
cost of the improvement at the end of the period allowed for completion
of the facilities plus such additional amount, if any, necessary to
guarantee the work for a period of one year following its completion
against any defects in workmanship, labor done, or defective materials,
furnished. The amount of such service may be increased or decreased
by the Board upon the recommendation of the General Manager.
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When the subdivider provides a corporate surety bond, such bond
shall be substantially the form required for improvement security
bonds filed in connection with the Subdivision Map Act of the State
of California.
When the subdivider deposits cash or negotiable bonds as improvement
security, such cash or bonds shall be deposited with the District
or a responsible escrow agent or trust company, approved by the General
Manager.
When the subdivider deposits an instrument of credit from one
or more financial institutions pledging that funds necessary to carry
out the improvement are on deposit and guaranteed for payment, such
instrument of credit shall be irrevocable and unconditional until
the obligation secured thereby is performed to the satisfaction of
the District and shall not be subject to levy or attachment by any
creditors of the depositor or subdivider.
In the exercise of their sole discretion, the Board may enter
into the following written agreements with the local agency which
administers the California Subdivision Map Act whereby the District
and such other agency coordinate their respective improvement security
requirements in order to eliminate duplication:
(a)
When
the subdivider provides improvement security pursuant to the Subdivision
Map Act, the improvement security required herein may be reduced or
eliminated when the agency which administers the Subdivision Map Act
agrees that the water system improvements are subject to the approval
of the District; or
(b)
When
the subdivider provides improvement security to the District, the
Board of Directors may agree that the water system improvements are
subject to the approval of the local agency which administers the
Subdivision Map Act.
All subdivision distribution lines and service connections,
including meters and other appurtenances, shall become and remain
the property of the District and shall be dedicated to the District
before the District will undertake water service to the subdivision.
The total construction cost of the water system shall be certified
to the District by the subdivider.
Prior to approval of water system plans, the subdivider shall
execute a deposit agreement for sufficient number of meters to serve
each lot within the proposed subdivision.
If additional meters are required prior to completion of construction;
or if any lots require an increase in meter size, then added fees
and deposits shall be paid and any necessary revisions made in the
deposit agreement. A credit will be allowed for any excess deposits
previously made.
Construction water will be provided through a temporary service
that will be connected to the District’s metered facilities
through a main tap which will be designed to accommodate the permanent
water system required to service the subdivision for which such temporary
water is requested. Fire hydrant meters may be used only at the discretion
of the General Manager.
The subdivider may pay the water construction and water conservation
fund fees for the size of such master meter in addition to the cost
of the meter and installation, and obtain water at the District’s
regular rates or pay only for the setting of the master meter and
obtain water at the District's temporary water rates.
Such temporary service connections shall be discontinued and
terminated within six months after installation, unless, an extension
of time is granted in writing by the General Manager. Upon discontinuance
of such temporary service, a refund of the salvage value of the recovered
meter will be made.
(a)
Prior
to the acceptance by the District of the water system for a subdivision,
the subdivider shall pay the master meter charges and monthly service
charges for each parcel within the subdivision which is approved for
occupancy by the local agency with jurisdiction by law or which is
actually occupied.
(b)
Upon
acceptance by the District of the water system for a subdivision and
payment of the final bill, the master meter charges shall cease and
the subdivider shall be no longer responsible for the payment of monthly
service charges for parcels within the subdivision.
(c)
Upon
acceptance by the District of a portion of the water system for a
subdivision, the subdivider shall no longer be responsible for the
payment of monthly service charges for the parcels within the portion
of the subdivision receiving service from the accepted portion of
the water system. The District will set up and maintain meter reading
routes for meters turned on in subdivision areas accepted by the Board.
The total water passing through such turned on meters will be subtracted
from the subdivider’s Master Meter reading, prior to the preparation
of each master meter water bill to the subdivider.
(a)
A
person who occupies property prior to the acceptance or partial acceptance
of the water system by the District serving the property is not a
customer of the District.
(b)
Upon
acceptance by the District of the water system serving all or a portion
of a subdivision, service to individual parcels capable of receiving
or receiving service from the accepted water system shall terminate
unless application for water service is made and fees and deposits
made in accordance with this Title.
Subdividers who are required to bear the cost of the design
and construction of off-site and peripheral water pipelines may utilize
either of the two refund methods made available to individual applicants
as set forth herein in order to recoup the costs of construction of
said pipeline insofar as it benefits property located outside the
subdivision.
Notwithstanding the foregoing, the District may undertake the
expansion of all or a portion of the facilities necessary to serve
the applicant’s property to the extent they are of general District
benefit.
When there is an existing distribution main in the public street
or right-of-way, from which corner property may receive water service
from the District, and a service connection is requested (except by
a subdivider, who shall be required to pay the entire expense of the
necessary main extension) beyond the corner property on the other
frontage of the public street which passes the corner property, and
the requested service connection requires an additional main extension
fronting the subject property, under this Title, the District will
install, at its expense, the necessary water main for the width of
the said corner property or 150 feet, whichever is the shorter distance.
Distances shall be measured from the front line of the corner property,
projected if necessary to eliminate property returns, and so forth.
(a)
Should
the District desire to install facilities in excess of those needed
to meet the applicant's service and fire flow demands, the cost of
the excess facilities shall be borne by the District.
(b)
Should an applicant desire the installation of a water main to meet specialized service or fire flow requirements, the costs of the extra work shall be borne by the applicant. In such a case, the District will not participate in the side frontage as provided in Section 3-3.221. However, the side frontage will be deducted from the total frontage prior to calculating the unit reimbursement amount for the serviceable frontage.
(c)
Upon
acceptance of the facility with excess capacity, the District will,
for a period of ten years following such acceptance, require all subsequent
applicants whose property fronts upon the facilities, to pay to the
District the applicant's pro rata share of the original cost of the
facilities before rendering service, and the District will refund
all such collections to the person, his successors of assigns, who
provided the excess capacity. If the subsequent applicant’s
water service and fire flow requirements could have been met without
the facilities with excess capacity, the subsequent applicant shall
only be required to pay the District his pro rata share of any outstanding
un-reimbursed costs of the facilities without considering excess capacity.
A water construction fund shall be maintained to provide for
the installation of water facilities from time to time necessary to
increase delivery capacity of the system to accommodate new customers
and changed water demand beyond that which is required for a given
applicant’s property.
The size, type and quality of materials and location of the
lines and appurtenances thereto shall be specified by the General
Manager in accordance with Standard District Specifications for water
system construction and design standards, as adopted by the Board
from time to time.
An applicant for water service or a main extension shall dedicate
or cause to be dedicated to the District an easement or easements
for the installation, maintenance and replacement of water system
facilities to provide service to the applicant.
Any District facilities which are relocated for the convenience
of someone other than the District shall be moved at the sole expense
of the person requesting the relocation. If private construction is
endangering the safety of a District facility, or is causing a facility
to become a hazard, the facility will be relocated by the District,
and the person causing the hazard shall pay for the full cost of the
relocation.
All mains and appurtenant facilities connected to the District's
distribution system shall become the property of the District, and
shall be operated and maintained by the District. Dedication of such
mains and appurtenances to the District shall be made, in a form acceptable
for recording, prior to commencement of service through the new system.
A group of applicants for service along a street or right-of-way
in which a main could be installed which would provide for the frontage
requirements of this Title, and who represent 60% or more of the owners
of frontage along the proposed main, may join together to file an
application with the District to form an assessment district for the
purpose of financing the necessary improvement. All costs of forming
the assessment district shall be advanced by the applicants, and prorated
among all the beneficiaries of the improvement upon the successful
completion of the proceedings. A deposit in an amount from time-to-time
determined by the General Manager must be made to cover the costs
of the preliminary design prior to further proceedings being instituted
by the District. No refunds will be made of monies expended in the
event the proceedings are terminated prior to completion.
(a)
Fire
hydrants shall be installed by the District in accordance with water
system design reports or when requested by a property owner.
(b)
If
the fire hydrant is not located where the District may readily inspect
for illegal connections or not constructed to District standards for
public usage, a detector check valve shall be installed to detect
illegal connections and water leaks. When a fire hydrant is constructed
to District standards for public hydrants on a main constructed solely
for this purpose and can be inspected for misuse from public vantage
point by District personnel, the requirement for a detector check
valve may be waived by the District, but in no event shall the requirement
be waived for private-owned fire suppression sprinkler systems.
(c)
The
requirements for installation of a detector check valve may be waived
by the District when it is not possible to install the valve due to
a high water pressure. When the requirement for a detector check valve
is waived for this reason, the applicant shall provide the District
with perpetual access to the fire hydrant to make inspections to determine
compliance with District rules and regulations and shall construct
the hydrant in accordance with District standards for public fire
hydrants. When both of these conditions cannot be met, the District
may authorize the installation of a single service to provide both
domestic and fire service complete with a pressure regulator and a
compound meter to measure water delivered to the property. In this
case, the main meter of the compound meter shall act as a detector
check valve and be subject to all fees and penalties associated herein.
The applicant shall pay the District the actual cost of installing
the necessary facilities.
An applicant who desires service for commercial or industrial
uses, including commercial offices, shall make application for the
number, size and types of service connections which will serve the
projected highest water use configuration of proposed or actual improvements
to the applicant's property. Before service commences, the General
Manager may require that the applicant obtain service connections
which differ in number, size or type from the service connections
requested by the applicant if the General Manager determines the application
does not accurately portray the projected highest water use configuration
of the improvements to the applicant's property. After service commences,
the General Manager may also refuse to change the number, size or
type of service connections if the General Manager determines the
applicant negligently or intentionally failed to accurately describe
the ultimate projected highest water use configuration of the improvements
to the applicant's property. If the number, size or type of service
connections is changed after service commences, the property owner
shall pay for the changes at the rates prevailing at the time of the
change.
