Excess capacity for the purpose of this chapter, is defined
to mean only that excess capacity resulting from the construction
of pipelines or facilities larger than those required by the applicant
for extension under existing CMWD standards now or hereafter adopted.
(Ord. 45 § VI.1,
2009; Ord. 47 § VI.1,
2019; Ord. 49, 7/16/2024)
A.
Generally. Any person may apply to the Executive Manager of the CMWD
for the installation of water pipelines and fire hydrants and other
appurtenant facilities to be constructed either in public streets,
alleys or private property; however, nothing herein contained shall
be construed to modify any provision of the subdivision section hereinafter
set forth, which requires the subdivider to make certain improvements
within a subdivision and bear the cost thereof.
B.
Contents. Prior to the applicant extending a water or recycled water
pipeline or constructing a water or recycled water pipeline of excess
capacity shall enter into a reimbursement agreement with CMWD, setting
forth, among other things, a statement describing that which the applicant
wishes to construct or have constructed, a map showing accurately
the proposed route and size of such facility, the estimated cost of
construction of such facility, payment schedule, auditing procedures,
complete specifications as to the type of pipe and other appurtenances
which the applicant desires to construct or have constructed, and
applicant shall provide any and all additional information requested
by the Executive Manager of the CMWD. In no event shall any water
or recycled water facility be constructed unless the standard plans
and specifications of the CMWD are observed and complied with.
(Ord. 45 §§ VI.2,
3, 2009; Ord. 47 §§ VI.2,
3, 2019; Ord. 49, 7/16/2024)
A.
All water pipeline extensions will be installed in sizes best suited
to the requirements and full development of the CMWD water system
as determined by the Public Works Director. In no event will a water
pipeline or recycled water pipeline extension be less than six inches
in diameter.
B.
No property shall be connected to a CMWD water or recycled water
pipeline which is of inadequate size to meet the requirements and
full development of the CMWD water system as determined by the Public
Works Director.
(Ord. 45 § VI.4,
2009; Ord. 47 § VI.4,
2019; Ord. 49, 7/16/2024)
The Public Works Director for the CMWD shall determine if the
size of such proposed water pipeline is adequate to serve the intended
use of applicant; further, the Public Works Director shall determine
if there is other property within the CMWD not being served with water
or recycled water which could be served by the proposed water or recycled
water pipeline, and if it appears to the Public Works Director that
it is necessary that the proposed water or recycled water pipeline
and appurtenant facilities should be constructed to a greater capacity
than the immediate needs of the applicant so that other property in
the CMWD may be supplied with water or recycled water through such
pipeline, then the Executive Manager shall recommend to the Board
that a reimbursement agreement be entered into between applicant and
the CMWD providing for the construction of such water or recycled
water pipeline with excess capacity and establishing a reimbursement
procedure and schedule for the additional costs incurred by building
such water or recycled water pipeline with such excess capacity.
(Ord. 45 § VI.5,
2009; Ord. 47 § VI.5,
2019; Ord. 49, 7/16/2024)
The quality of the materials of the water pipeline, hydrants,
and other facilities in connection therewith shall be determined by
the Public Works Director, who shall give due regard to the potential
water service development in the territory that can reasonably be
served by the extended water pipeline. The Executive Manager shall
determine the amount of money necessary to cover the cost of construction
of such water pipeline and shall determine the excess cost as herein
below provided, if any, over and above the cost of a standard size
water pipeline facility sufficient to serve applicant's immediate
need and use.
(Ord. 45 § VI.6,
2009; Ord. 47 § VI.6,
2019; Ord. 49, 7/16/2024)
Whenever any person applies for a connection to a water or recycled
water pipeline which has been installed in any manner other than by
public improvement proceedings for which an assessment has been levied,
and neither the person nor his predecessor in interest has paid the
proportionate share of the cost of the water or recycled water pipeline,
with respect to the property served, no application shall be acted
upon, allowed, or approved by the CMWD, or any of its administrative
employees until such person has paid to the CMWD his proportionate
share of the cost of the water or recycled water pipeline according
to the terms, schedules, and conditions hereinafter set forth.
(Ord. 45 § VI.7,
2009; Ord. 47 § VI.7,
2019; Ord. 49, 7/16/2024)
A.
Method of Determining Excess Cost for Reimbursement Agreement. In
determining excess cost for a reimbursement agreement, the actual
cost of construction, including necessary easement acquisitions, engineering
and directly related incidental costs, shall be included plus any
overhead for managing the construction contract. The Executive Manager
shall make the final decision, subject to Board approval of the reimbursement
agreement, in determining the pro rata cost share of the excess capacity.
In all cases the minimum pipeline size for any property shall be at
least eight inches in diameter, and excess capacity shall be considered
the difference in cost between the minimum pipe size or facility cost
required for the property and the recommended size to meet CMWD system
requirements. Any right to reimbursement hereunder, or pursuant to
contract, shall expire in accordance with the time specified in the
reimbursement agreement or ten years after the pipeline or facility
has been accepted by the CMWD; provided, however, payment shall only
be made to the applicant, or designee, at such address as shall have
been filed with the CMWD, by the applicant for such purpose. No interest
shall accrue to applicant pursuant to this section, or under any contract
entered into pursuant thereto. In no event shall the CMWD be liable
or in any way responsible for failure to collect such connecting fees,
or for failure to pay any money to applicant.
B.
Easements to be Provided—Title Insurance Policy—Construction
Costs to be Deposited. If a reimbursement agreement is entered into
between applicant and the CMWD, applicant shall provide easements
in the event the water or recycled water pipeline or facilities lie
outside public property, and shall provide a Title Insurance Policy
showing that granter has the valid title to grant such an easement.
Such easement shall be subject to the approval of the General Council
for the CMWD for legal adequacy and shall be subject to the approval
of the Public Works Director and Executive Manager in all other respects.
If applicant desires that such water or recycled water pipeline be
extended or such water or recycled water pipeline and facilities be
constructed by the CMWD and the Executive Manager recommends that
the CMWD construct such facilities, which recommendation is approved
by the Board, then, in that event, applicant shall deposit with the
CMWD such sum of money as the Executive Manager shall determine to
be necessary in order to construct the improvements specified in the
reimbursement agreement.
C.
Source of Reimbursement. The CMWD shall reimburse the applicant only
from either the water connection fee fund or the water replacement
fund, subject to availability of funds, and the CMWD's responsibility
shall be no greater than as set forth in this title.
D.
Agreement between CMWD and Contributor for Repayment of Off-Site
Improvement. The Executive Manager is empowered to prepare a reimbursement
agreement to be entered into by the person who constructs off-site
water or recycled water pipeline extensions and the CMWD. Such agreement
shall provide that the CMWD will refund to the persons who paid for
the cost of the water or recycled water pipeline extension all pipeline
fees. The agreement shall be limited to a fifteen-year period from
and after the date of signing. The CMWD shall not be liable to the
subdivider for such moneys in the event that the collection of the
charge is prevented by judgment or order of court, or in the event
that such moneys are not collected due to inadvertence or neglect
of the officers or employees of the CMWD or City of Carlsbad.
(Ord. 45 §§ VI.8—10,
13, 2009; Ord. 47 §§ VI.8—10,
13, 2019; Ord. 49, 7/16/2024)
If any of the improvements, which would otherwise qualify as
above set forth, are constructed through a 1911 Act of Improvement
District as defined in the Improvement Act of 1911, Division 7 of
the Streets and Highways Code, the CMWD will agree to pay to the owner
or owners of the property assessed within the CMWD, said payments
running with the land at all times mentioned herein, the sums it would
otherwise pay to an individual applicant under the terms of this chapter.
(Ord. 45 § VI.11,
2009; Ord. 47 § VI.11,
2019; Ord. 49, 7/16/2024)
Any funds mailed to applicant or designee which are returned,
or where the check, voucher, or other payment remains uncashed for
one year after such mailing, shall revert to the CMWD's water
connection fee fund or water replacement fee fund as appropriate,
and shall not be recoverable by applicant.
(Ord. 45 § VI.12,
2009; Ord. 47 § VI.12,
2019; Ord. 49, 7/16/2024)
A.
Within Subdivisions.
1.
Subdivides shall be required to install water or recycled water pipeline
extensions to all property within the subdivision. When such water
or recycled water pipeline extensions are constructed by the subdivide,
then no refund agreement shall be available to the subdivider for
any portion of the water or recycled water pipeline constructed within
the limits of the subdivision or in streets that are immediately adjacent
to the external limits of such subdivision with the following exception:
When a subdivider is required to install a water or recycled
water pipeline extension in excess of their requirements for continuity
and full development of the CMWD water system, as determined by the
Public Works Director, then the CMWD will contribute for the additional
costs required to construct the water or recycled water pipeline in
excess of eight inches in diameter.
2.
Subdivides shall be required to extend to the external limits of
the subdivision all water and recycled water pipelines placed in and
about the subdivision by the subdivider. The subdividers may enter
into a reimbursement agreement with the CMWD as outlined heretofore
for such other off-site portions of the water or recycled water pipeline
extensions they must install for the subdivision.
B.
For Length of Property Frontage. A subdivider, contractor, or individual
developer shall be required to install a water or recycled water pipeline
extension to the external limits of his or her property line along
the entire front of his or her property abutting upon the water or
recycled water pipeline extension; except, when such person is the
owner of a large undeveloped frontage, then in that event, the owner
shall be required to install the water or recycled water pipeline
extension for a minimum frontage of seventy-five feet; provided, that
all of the following conditions prevail:
1.
That the portion of the property being connected to the water or
recycled water pipeline shall totally contain the residence of the
owner, together with sufficient side yard setbacks as required by
applicable zoning law;
2.
That sufficient area remains in the unconnected portion of the property
in which to construct one or more living units in accordance with
the applicable zoning laws.
(Ord. 45 §§ VI.14,
15, 2009; Ord. 47 §§ VI.14,
15, 2019; Ord. 49, 7/16/2024)
