Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
(a) 
“Mainline extension”
shall mean any extension of the public sewer to serve one or more lots, parcels, or units, the plans and specifications of which are not part of the improvement plans for a subdivision as herein defined.
(b) 
“Subdivision”
shall mean any division of land or air space accomplished by a final (tract) map, or parcel map, as said map is defined by the State Subdivision Map Act (Section 66410 et seq. of the Government Code).
(c) 
“Parcel map”
shall mean any division of land accomplished by a parcel map, as said map is defined by the State Subdivision Map Act (Section 66410 et seq. of the Government Code).
(Added, § 16, Ord. 56, 04-05-1977; § 1, Ord. 174, 11-07-2017)
Whenever an extension of the public sewer is proposed to provide sanitary sewer service to one or more lots, parcels, or units within the Castro Valley Sanitary District, the plans and specifications for said proposed sanitary wastewater facilities shall be approved by the Board of the Castro Valley Sanitary District by resolution. Whenever an extension of the public sewer is proposed to provide sanitary sewer service to areas proposed to be annexed to the District, the plans and specifications shall not be approved until the proceedings for annexation have been completed and the annexation has been ordered by the District.
(Added, § 16, Ord. 56, 04-05-1977; § 1, Ord. 162, 07-01-2014)
Whenever approval is sought for plans and specifications for a mainline extension or for sanitary wastewater facilities within a subdivision, owner or his agent shall first submit one complete set of preliminary plans, profiles, and specifications for the proposed work, together with a copy of the tentative tract map or parcel map in the case of subdivisions. The submittals shall be checked for conformity to this Code and the District’s Standard Specifications and any changes or corrections required shall be incorporated into the final plans.
(a) 
All plans submitted should have the following information:
(1) 
Location and vicinity map.
(2) 
Project stationing and dimensions.
(3) 
Private street layout on plan view with pavement slopes, curb, sidewalk and underground utilities.
(4) 
Private street cross sections including pavement structural section and underground utilities.
(5) 
Plan and profile of proposed sanitary sewer (must be a minimum of eight-inch sewer main).
(6) 
Maintenance hole rim elevations, invert elevations, pipe type and slope for both sewer main and proposed laterals.
(7) 
Building pad elevations.
(8) 
Location of backflow prevention system (BPS) for laterals per CVSan Standard Drawing No. 9.
(9) 
CVSan signature block per CVSan Standard Drawing No. 19.
(10) 
The proposed sanitary sewer easement to be dedicated to CVSan with completed CVSan grant of easement forms.
(11) 
Location of “S” to be stamped in concrete curb or drive at lateral location.
(12) 
On details sheet include the relevant CVSan standard drawings.
(Added, § 16, Ord. 56, 04-05-1977; § 1, Ord. 162, 07-01-2014; § 1, Ord. 169, 05-03-2016; § 1, Ord. 174, 11-07-2017; § 1, Ord. 204, 05-06-2025)
Whenever a proposed extension of the public sewer will be located across private property, within a public utility easement, or within a road not dedicated to, and maintained by, the County of Alameda, a nonexclusive, perpetual easement for sanitary sewer purposes shall be dedicated to the District. No plans or specifications for the extension of the public sewer shall be approved prior to acceptance by the Board of such required easements; however, the two actions may be taken concurrently by the Board.
(a) 
(1) 
Easements shall be dedicated on grant of easement forms provided by the District. It shall be the responsibility of the person or persons proposing the extension of the public sewer to prepare a legal description of the easement. The minimum width of any easement dedicated to the District shall follow the following guidelines for determining width:
(A) 
For sewer mains eight-inch diameter, the easement shall be a minimum of 15 feet.
(B) 
For sewer mains 10-inch diameter or larger, the easement shall be a minimum of 20 feet.
(C) 
Sewer mains with a depth of greater than 10 feet shall have a minimum easement width of 20 feet.
(b) 
Appropriately licensed professional prepares legal description of easement (metes and bounds), which becomes “Exhibit A” to the Grant of Easement document, and a plat showing location of easement.
(c) 
Description shall be checked for accuracy by Castro Valley Sanitary District (CVSan).
(d) 
Grantor shall submit a description and plat to a title company of his choice and orders preliminary title report covering easement area to be sent to CVSan.
(e) 
CVSan staff shall review the preliminary title report and advises grantor of any liens reflected in the preliminary title report, which must be subordinated to priority of proposed easement. In general, any security interest created by deeds of trust, leases, or other forms of property conveyance must be junior and subordinate to CVSan easements.
(f) 
All Easements must be a non-exclusive, perpetual easement for sanitary sewer purposes dedicated to CVSan on standard Grant of Easement form by the person or persons holding fee title to the property the easement will cross. Grant and subordination documents, if required, must be executed before a notary and shall contain an acknowledgement of the notary. If a document is executed by persons acting for corporations, the corporate seal must be affixed to the document unless the corporation by-laws specifically state such seal is not necessary and fees paid as described in Section 4506.
(g) 
For approval of Final Plans for Mainline Extensions within Tract, at the time of filing a non-exclusive perpetual easement for CVSan Board (Board) approval, a fee in the amount of three hundred ($300.00) dollars shall be paid to CVSan. Said fee shall cover the cost of checking the easement documents and plat plans, administrative expenses associated with preparation and recordation of said easement.
(h) 
Following receipt of properly executed documents, they shall be presented to the Board for acceptance at a regular or special meeting of the Board. In order to be placed on the agenda for such meeting, all required documents should be received in CVSan Office by the 10th of the month prior to the next regularly scheduled Board Meeting.
(i) 
Following acceptance by the Board, CVSan staff shall submit all documents to the Alameda County Recorder’s Office. CVSan staff shall notify Grantor to issue a policy of title insurance to CVSan in a face amount to be determined by CVSan, which is currently fifty thousand ($50,000) dollars. Grantor is responsible for all title fees and recording fees, if any. Once the recorded document has been returned to CVSan a copy will be sent to the developer.
(j) 
Any easement which is proposed to be quitclaimed shall be done only with prior approval from the District and monetary consideration to the District shall be considered.
(k) 
Property Rights for Existing Wastewater Facilities.
(1) 
The District acknowledges, asserts and declares that it has acquired and accepted property rights necessary for construction, reconstruction, renewal, alteration, operation, maintenance, inspection, repair and replacement of all those District-owned and/or maintained sanitary sewer or recycled water facilities that are shown on the District’s “collection system maps” as of February 1, 2014, which are kept on file in the office of the Secretary of the District in an uncodified manner (referred to as “collection system maps” in this Code), whether such facilities exist in a public or private right-of-way, street, road, or path, or in a recorded or unrecorded easement or reservation, or in any other location whatsoever.
In making the above acknowledgment, assertion and declaration, the District further declares that the purpose of this subsection is to state its position and to clarify the existence of property rights that have previously been acquired. This declaration and clarification of existing property rights shall not be construed to be a new acquisition, taking or other action subjecting the District to any claim of liability for compensation.
Such existing property rights have been acquired by various means, including those set forth below:
(A) 
Formal acceptance by resolution of the District Board of Directors of easements, reserves or other rights offered for dedication to the District for construction, reconstruction, renewal, alteration, operation, maintenance, inspection, repair and/or replacement of public sanitary sewer facilities under the Subdivision Map Act or by separate instrument (grant of easement, irrevocable offer of dedication, license, real property agreement, etc.).
(B) 
Acceptance of Other Recorded Grants of Easements, Dedications or Rights-of-Way by Conduct. The District also has acquired and accepted by its conduct the right to construct, reconstruct, renew, alter, operate, maintain, inspect, repair and replace District sanitary sewer facilities shown on its collection system maps in easements, reservations or rights-of-way for which it has a recorded grant deed, offer of dedication or reservation shown on a subdivision map or described in recorded covenants, conditions and restrictions for sanitary sewer purposes within such areas of the grant, dedication or reservation regardless of whether written records exist to demonstrate formal acceptance by the Board of Directors.
(C) 
Acceptance of Offers of Dedication under Subdivision Map Act by Conduct. Where prior to February 1, 2014, public sanitary sewer facilities have been constructed by the District itself or by others and subsequently contributed to the District, and/or the facilities been operated or maintained by the District in an easement, reservation or right-of-way, which was offered for dedication to the county, to a city or to the District for sanitary sewer, street, road, utility or public use under the Subdivision Map Act, whether such offer was initially or subsequently rejected or accepted by the city, the county or the District, the District declares that it has accepted such offer for District use for construction, reconstruction, renewal, alteration, operation, maintenance, inspection, repair and replacement of public sanitary sewer facilities through its conduct.
(D) 
Acceptance of Unrecorded Grants or Reservations by Conduct. Where prior to February 1, 2014, public sanitary sewer facilities have been constructed by the District itself or by others and subsequently contributed to the District, and/or the facilities have been operated or maintained by the District in an easement, reservation or right-of-way which is shown on a grant of easement, nonstatutory offer of dedication or deed continuing a reservation in favor of the District (including generalized reservation) for utilities or public use and the District has constructed or maintained sewers or sewer facilities in such easement, reservation or right-of-way area without such grants or dedication having been formally accepted by the District and/or recorded, the District declares that it nonetheless has in fact accepted such grants, dedications or reservations for its use for construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement of such public sanitary sewer facilities through its conduct.
(E) 
Use of Appurtenant Easements. Any construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement of District sanitary sewer facilities within appurtenant easements may be performed for the benefit of and pursuant to the rights held by one or more dominant tenement owner(s) of the appurtenant easement. A request for service by even a single dominant tenement owner may justify use of the appurtenant easement, with or without consent of other dominant or servient tenement owners. Once sewers or other sewer facilities are constructed within an appurtenant easement and accepted by the District, the District’s rights to enter the appurtenant easement for purposes of construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement shall be binding upon the dominant and servient tenement owner(s)’ assigns, successors and devisees, absent an abandonment of the District facilities within the easement by the Board and a formal relinquishment of the District’s rights thereto.
(F) 
Prescription, Necessity, or Other Equitable Means. The District shall have also acquired by prescription, necessity or other equitable means property rights to easements or rights-of-way that may not have been formally offered to or accepted by the District in the past for all those sanitary sewer facilities shown on its collection system maps as of February 1, 2014, but not described in subsections (k)(1)(A) through (k)(1)(E) of this section, that it has operated, maintained, inspected or made use of for a period five years or more or otherwise in compliance with legal requirements for prescription or necessity.
(G) 
Condemnation. Acquisition of easements or other property interests through condemnation proceedings.
(H) 
Exception to this Acknowledgment and Declaration of Ownership. Notwithstanding subsections (k)(1)(A) through (k)(1)(G) of this section, there are specific locations where sewer facilities may be shown on the District’s collection system maps as of the date of adoption of this title to which these general declarations and acceptances do not apply. The specific locations of easements, dedications or rights-of-way that the District does not acknowledge or accept ownership of include the following:
(i) 
Areas underlying facilities marked as “Abandoned Lines” on the collection system maps;
(ii) 
Areas underlying facilities marked as “Proposed Future Lines” on the collection system maps;
(iii) 
Areas underlying facilities marked as “Private Lines” on the collection system maps;
(iv) 
Areas underlying facilities marked by text or labels on the collection system maps as being owned by other public agencies.
(Added, § 16, Ord. 56, 04-05-1977; § 3, Ord. 126, 02-01-2000; § 1, Ord. 150, 07-01-2009; § 1, Ord. 162, 07-01-2014; § 1, Ord. 174, 11-07-2017; § 1, Ord. 183, 09-03-2019)
The provisions of Article III of this Code (General Provisions and Specifications for the Construction of Sanitary Sewers) shall be applicable to the construction of any and all extensions of the public sewer and appurtenances thereto. Every improvement plan for sanitary wastewater facilities within a subdivision and every improvement plan for a mainline extension filed with the District pursuant to this chapter shall have clearly stated on said plan the following endorsement, as shown on Standard Drawing No. 19:
Sanitary sewers and appurtenances thereto shall be constructed in accordance with the provisions of the Castro Valley Sanitary District Code at the time of acceptance and the general provisions and specifications therein set forth which are incorporated herein by reference.
Sanitary facilities as shown on these plans were approved by the Sanitary Board of the Castro Valley Sanitary District on the day of __________, 20_____, by Resolution No. __________.
CASTRO VALLEY SANITARY DISTRICT
By
Authorized Officer of Castro Valley Sanitary District
(Added, § 16, Ord. 56, 04-05-1977; § 4, Ord. 126, 02-01-2000; § 1, Ord. 138, 07-01-2005; § 1, Ord. 162, 07-01-2014; § 1, Ord. 169, 05-03-2016)
In any request for approval of an extension of the public sewer, the District, in reviewing the plans, shall take into consideration the possibility of future extensions of the public sewer to serve properties located beyond the property or properties then under review. An extension of the public sewer must be designed at a depth to adequately provide for future extensions if the possibility of future extensions is deemed to exist. This shall not be interpreted to mean that the public sewer must be extended to allow a point of connection for a building sewer for the next adjoining property; the applicant shall only be required to extend the public sewer as far as necessary to provide a point of connection for the building sewer or sewers then being proposed.
Where the proposed extension of the public sewer will be located within an easement and the possibility of future extensions exists, the easement offered for dedication must extend across the entire lot or lots so as to provide access to the public sewer for future extensions.
(Added, § 16, Ord. 56, 04-05-1977)
At such time as the applicant requests Board approval of plans and specifications for an extension of the public sewer, and in order to place such approval action on the agenda for a meeting of the Board, the following requirements shall be met:
(a) 
Mainline Extensions Within Parcel Maps and Tract Maps.
(1) 
One set of final plans, including an electronic copy in AutoCAD drawing format acceptable to the District, profiles, specifications, and the final parcel map shall be filed with the District on or before the first day of the month, three months prior to the regular or special Board meeting at which approval will be sought.
(2) 
At the time of filing the plans for approval, a fee shall be paid in the amount of $350.00 per construction drawing plan set sheet related to sewer main construction plus $6.90 per linear foot of public sewer main as shown upon the improvement plans. Said fee shall cover the costs of checking the plans, administrative expense, and inspection of the installation of the public sanitary waste-water facilities. The minimum fee for any proposed mainline extension shall be set to be $2,500 no matter the length or number of proposed maintenance holes and connections to the proposed sewer main.
(3) 
At the time of filing a nonexclusive perpetual easement for Board approval, a fee in the amount of $300.00 shall be paid to the District. Said fee shall cover the costs of checking the easement documents and plat plans, administrative expenses associated with preparation and recordation of said easement.
(4) 
In addition to the abovementioned fee, there shall also be paid prior to the owner or owner’s representative obtaining the necessary building permit from Alameda County for each building, and based upon the number of dwelling units proposed for the parcel map, any other fees or charges required to be paid by any other section of this Code or any applicable resolution of the Board setting terms and conditions of annexation or establishing a benefit district. Permits shall be issued for each dwelling unit proposed for the parcel map and the number of building sewers stubbed into the property line shall not exceed the number of permits issued. Failure to pay capacity fees at permit issuance is a violation of this Code. The District shall also be entitled to recover any direct costs for staff, consultants, or legal counsel associated with having to initiate such enforcement actions.
(b) 
Mainline Extensions to Serve Individual Lots.
(1) 
One set of final plans, including an electronic copy in AutoCAD drawing format acceptable to the District, profiles, and specifications shall be filed with the District not less than 18 days prior to the date of the regular or special meeting at which approval will be sought.
(2) 
At the time of filing the plans for approval, the fee set forth in subsection (a)(2) of this section shall be paid by the person or persons proposing the extension of the public sewer.
(3) 
In addition to the abovementioned fee, each owner or other person desiring a connection to the proposed mainline extension shall obtain a permit for such connection and shall pay the fees or charges required to be paid by any other section of this Code or any applicable resolution of the Board setting terms and conditions of annexation or establishing a benefit district.
(Added, § 16, Ord. 56, 04-05-1977; § 5, Ord. 68, 06-09-1982; § 3, Ord. 71, 06-14-1983; § 4, Ord. 73, 06-12-1984; § 4, Ord. 96, 06-17-1992; § 3, Ord. 106, 06-21-1994; § 4, Ord. 112, 06-18-1996; § 1, Ord. 138, 07-01-2005; § 1, Ord. 150, 07-01-2009; § 1, Ord. 162, 07-01-2014; § 1, Ord. 169, 05-03-2016; § 1, Ord. 174, 11-07-2017; § 1, Ord. 183, 09-03-2019; § 1, Ord. 204, 05-06-2025)
In condominium projects (subdivisions where only air space is deeded to homeowners) where sanitary sewer service will be provided by either (a) individual connections to a public sewer by means of separate building sewers from each unit or building when said separate building sewers will be installed within the commonly owned areas of the project, or (b) a single connection to a public sewer from a private collection system, the sanitary sewer facilities shall be maintained by the homeowners association through assessments collected from the homeowners for that purpose. The Covenants, Conditions, and Restrictions for the condominium project shall contain a provision specifically providing for such maintenance of the sanitary sewer facilities through association assessments and shall further state that such provisions for maintenance of the sanitary sewer facilities shall not be amended without the prior written consent of the Castro Valley Sanitary District.
Plans shall not be approved or permits issued until such provisions have been included within the Covenants, Conditions, and Restrictions and have been reviewed by the District. The District shall receive a copy of the recorded Covenants, Conditions, and Restrictions with recording data thereon, and no sanitary sewer facilities within such condominium project shall be accepted for use or permits finaled until such copy has been received.
The same requirements set forth above shall also apply to townhouse projects or other similar types of multiple-unit developments (subdivisions where individual lots are deeded to homeowners) when each unit therein does not have a separate connection to a public sewer.
In addition to the above requirements, whenever more than one building will be served by a single connection to the public sewer, the owner shall request, in writing, a variance from Section 4115 of this Code. Such variance, if approved, shall be granted by motion of the District Board at a regular or special Board meeting. For the purpose of determining whether a variance is required for multipleunit developments, a "building" is defined as any number of units which share a common roof or foundation.
(Added, § 16, Ord. 56, 04-05-1977; § 22, Ord. 60, 11-06-1978; § 1, Ord. 150, 07-01-2009)
After acceptance of a mainline extension by the District Board, the construction may begin per the CVSan General Provisions and Specifications for the Construction of Sanitary Sewers.
(a) 
Sewer mains to be constructed per CVSan Standard Drawing No. 6.
(b) 
Maintenance holes to be constructed per CVSan Standard Drawing No. 13. The CVSan Inspector must be present for the pouring of maintenance hole base.
(c) 
New maintenance holes are to be vacuum tested prior to backfill to 10 inches of mercury with no greater than one inch of mercury of vacuum lost during the designated time.
(d) 
New mainline to be air tested prior to backfilling, maintaining four psi with no loss greater than one psi for the designated time.
(e) 
The CVSan Inspector must inspect all lateral connections to new sewer mains and witness testing prior to backfilling.
(f) 
After backfilling and compaction, but prior to paving, the new sewer mains are to be cleaned and a CCTV inspection conducted using a pan and tilt camera, witnessed by CVSan Inspector and recorded in color for CVSan records.
(g) 
After sewer mains construction is completed, CVSan will request the new assets be donated to CVSan. The developer/owner will provide the dollar amount value of the assets pertaining to the construction costs of sanitary sewer facilities. This does not include the costs for private sewer laterals.
(Added, § 1, Ord. 174, 11-07-2017; § 1, Ord. 204, 05-06-2025)