[Amended 1-14-2014 by Ord. No. 2014-002]
A.
Any property that wishes to connect to the public
water system of the Village of Bellevue must be within the Village
limits. If the property is not within the Village limits then it must
be annexed into the Village before being allowed to connect to the
system.
B.
Except as otherwise provided in this section, new
water connections are mandatory, provided that capacity is available.
Except as otherwise provided in this section, no property may be developed
within the Village without connecting to the system.
C.
Any property
that, as of November 1, 2013, or any property that is annexed to the
Village as of the date of annexation, was connected to a satisfactory
private water system (i.e., a well) that has been approved by all
applicable state and local governmental agencies, shall not be required
to connect to the public water system unless or until the private
water system ceases to operate for more than one year, or incurs a
substantial failure as determined by an appropriate county health
department or Village official, and further provided that capacity
is available. In the event that a private water system ceases to operate
for more than one year, or incurs a substantial failure as determined
by an appropriate Village or county health department official, and
capacity is available, the private water system shall be discontinued
and abandoned, and filled with suitable materials, and the property
connected to the public water system. The owner of a private water
system as described in this section which ceases to operate for more
than one year, or incurs a substantial failure as determined by an
appropriate county health department or Village official, shall not
repair or replace the system unless capacity in the public water system
is not available and the owner receives prior written approval from
the Village Council, and instead shall proceed with the discontinuation,
abandonment and filling of the private water system. Otherwise, nothing
in this chapter shall be construed to prevent the repair or maintenance
of a private water system, or to prevent the development of a property
connected to a private water system.
Any property owner in the Village who shall
desire to make use of the Village water system in an area not now
serviced by the system shall pay a fee, as set by the Village Council
on an annual basis. This fee will be for the initial survey and cost
estimate to construct the proposed extension of the system. The fee
shall be applied upon the cost of extension if carried out or retained
by the Village if the applicant decides to abandon the plan for the
extension. The Village will, as soon as possible, notify the property
owner of the cost of the extension and the property owner shall within
90 days thereafter pay to the Village Clerk the total cost of the
extension. Upon receipt of payment the Village shall begin and complete
the extension of the water system as requested by the property owner.
All property that an extension of the water system will benefit shall be special assessed as set forth in Chapter 125, Special Assessment, of the Code of the Village of Bellevue.
No person other than the Village shall construct
any extension of the water system of the Village without first securing
a permit from the Village Clerk. No permit shall be granted if the
Village is willing and able to make the extension.
Any person desiring a permit for an extension
under this chapter shall file an application with the Village Clerk
and shall furnish with the application complete engineered plans and
specifications duly approved by the State Department of Health, which
plans and specifications shall be turned over to the Village Engineer
for examination and review.
The permit applicant shall pay to the Village
Clerk a fee as set by the Village Council on an annual basis to cover
the costs and expenses of the examination and review of the plans
and specifications by the Village Engineer, and if the fee is not
sufficient to pay all the costs of the examination and review, said
applicant shall pay the remainder thereof. No permit therefor shall
be granted until the plans and specifications have been approved by
the Village Engineer and the entire fee paid.
In examining and reviewing the plans and specifications,
the Village Engineer shall:
A.
See that the plans and specifications comply with
this chapter, the statutes of the state and the rules and regulations
of the State Department of Health, the State Water Resources Commission
and any other state or county agency having any jurisdiction in regard
thereto.
B.
See that the extension has adequate capacity to serve
not only the applicant's property and development, but also the foreseeable
development along the extension.
C.
See that the sewer and/or water line to which the
extension is connected has adequate capacity to assume the added burden
of the extension.
Before any construction under the permit issued
pursuant to this chapter is started, the contractor of the project
shall furnish to the Village such bonds and insurance as would be
required of the contractor if the contract were with the Village.
The permittee under this chapter shall secure
all permits, licenses and easements required in the extension.
Construction shall be completed according to
the plans and specifications submitted pursuant to this chapter, and
shall be subject to examination and testing by the Village Engineer,
whose expenses and fees shall be paid by the permittee as part of
the expense of the extension.
Construction of the extension pursuant to this
chapter may be along and in the right-of-way of the public streets
and alleys of the Village or on private easements across private ground,
provided that the Village has use of the easements for repair or alteration
of the line or to connect into the lines.
The surface of all streets, alleys, sidewalks,
etc., disturbed in the construction under this chapter shall be replaced
and put in like condition as before the construction was started,
and all fills in streets and alleys shall be backfilled with sand.
When the construction under this chapter is
completed and is connected to the Village water system, and the Village
has accepted it, the extension shall become and be the property under
the jurisdiction, maintenance and control of the Village.
Any owner of property along the route of the extension must tap into and use the extended line, unless already connected to the system, provided that they have paid the special assessment provided for in § 148-25 of this chapter.
