Carlsbad Municipal Code Ch. 2.20 Extension of Pipelines and Other Facilities

As used in this chapter, "excess capacity" means only that capacity resulting from the construction of pipelines or other facilities larger than those required by District standards to serve the water or recycled water demands of a property use or development.

(Ord. 51, 10/7/2025)

A. Generally. Any person may apply to the Executive Manager or designee for the construction of pipelines or other facilities in the public right-of-way or in utility easements upon private property. However, nothing in this section shall be construed to modify any provision of subsection B, which requires the subdivider to make and pay for certain improvements within a subdivision.

B. Contents. Applicants that will extend a water or recycled water pipeline or construct excess capacity shall execute a reimbursement agreement with the District. Such reimbursement agreement must, among other things, set forth:

1. A statement describing the facility that the applicant proposes to construct or have constructed;

2. A map that accurately depicts the proposed location, route, and size of such facility;

3. The estimated cost of construction of such facility;

4. Bidding and contracting requirements;

5. A payment schedule;

6. Auditing procedures;

7. Complete specifications regarding the materials and sizes or capacities of facilities which the applicant desires to construct or have constructed; and

8. All additional information requested by the Executive Manager.

No water or recycled water facility shall be constructed if the applicant does not comply with the standard plans and specifications of the District.

(Ord. 51, 10/7/2025)

A. All pipeline extensions will be constructed in sizes best suited to the requirements and full development of the District water or recycled water system as determined by the General Manager. In no event will a water pipeline be less than eight inches in diameter or a recycled water pipeline be less than six inches in diameter.

B. No property shall be connected to a District water or recycled water pipeline which is of inadequate size to meet the requirements and full development of the District water or recycled water system as determined by the General Manager.

(Ord. 51, 10/7/2025)

The General Manager shall determine if the size of an existing or proposed pipeline or other facility is adequate to serve the water or recycled water demands of the intended property use or development. Further, the General Manager shall determine if there is other property within the District not being served and which could be served by an existing or proposed water or recycled water pipeline or facility, and the requirements for full development of the District's water or recycled water system. If the General Manager finds it necessary that a water or recycled water pipeline or facility should be constructed with excess capacity so that other property in the District may be supplied with water or recycled water, then the Executive Manager shall recommend to the Board that a reimbursement agreement be entered into between the applicant and the District providing for the construction of the water or recycled water pipeline or facility with excess capacity and establishing a reimbursement procedure and schedule for the additional costs to be incurred for the excess capacity.

(Ord. 51, 10/7/2025)

The materials for water pipelines and other facilities shall be determined by the General Manager, who shall give due regard to the potential development in the territory that can reasonably be served by District facilities. The General Manager shall approve the costs for construction of pipeline extensions and/or excess capacity as provided in this chapter, if any, over and above the cost of a standard size pipeline or other facility sufficient to serve the applicant's proposed use or development.

(Ord. 51, 10/7/2025)

The District shall only accept, process, or approve applications for water or recycled water pipelines or facilities once the applicant has paid its proportionate share of the cost to the District according to the terms, schedules, and conditions set forth in this chapter.

The District shall not accept, process, or approve an application for a connection to a water or recycled water pipeline if:

A. The pipeline or other facility has been installed in any manner other than by public improvement proceedings for which an assessment has been levied or a connection fee established by the Board; and

B. Neither the applicant, nor the applicant's predecessor in interest, has paid the proportionate share of the cost of the water or recycled water pipeline or facility for the property served.

(Ord. 51, 10/7/2025)

A. Cost Determination for Reimbursement Agreement. In determining pipeline extension and/or excess capacity costs for a reimbursement agreement, the costs considered shall include the actual construction cost and necessary right-of-way or easement acquisition, environmental and engineering services, construction management, inspection, and directly related incidental costs. The Executive Manager or designee shall make the final determination of the pro rata cost share of the pipeline extension and/or excess capacity. In all cases, the minimum pipe size for a distribution system pipeline shall be eight inches or the diameter required to deliver the water or recycled water demands for the proposed use or development in accordance with District standards, whichever is greater. The cost of excess capacity shall be determined as the difference in cost between the minimum pipe size or facility cost required to serve the proposed use or development and the recommended size to meet District system requirements.

B. Easements to be Provided—Title Insurance Policy. If a reimbursement agreement is entered into between applicant and the District, applicant shall grant easements to the District in the event the water or recycled water pipeline or facilities lie outside of District property or easements or public right-of-way, and shall provide a Title Insurance Policy showing that grantor has the valid title to grant such an easement. Such easement shall be subject to the approval of the General Counsel for the District for legal adequacy and shall be subject to the approval of the Public Works Director and Executive Manager in all other respects.

C. Construction Costs to be Deposited. If applicant desires that the water or recycled water pipeline extension and/or excess capacity and related facilities be constructed by the District, and the Executive Manager recommends that the District construct such facilities, the applicant shall deposit with the District the sum of money the Executive Manager determines necessary to construct such improvements identified in the reimbursement agreement.

D. Source of Reimbursement. The District shall reimburse the applicant only from either the water or recycled water connection fee fund or the water or recycled water replacement fund, subject to availability of funds, and the District's responsibility shall be no greater than as set forth in this title.

E. Authority and Period for Reimbursement of Improvement. The Executive Manager is empowered to prepare a reimbursement agreement to be entered into by the District and the applicant who constructs water or recycled water pipeline extensions or excess capacity. Such agreement shall provide that the District will reimburse the additional costs for water or recycled water pipeline extensions or excess capacity. The agreement shall be limited to a seven-year period from and after the date of signing or five years after the pipeline or facility has been accepted by the District. Any right to reimbursement shall expire in accordance with the time specified in the reimbursement agreement. Payment shall only be made to the applicant, or designee, at the address filed with the District by the applicant for that purpose. No interest shall accrue to applicant pursuant to this section, or under any contract entered into pursuant to this section. The District shall not be liable to the subdivider for such moneys if the collection of the charge is prevented by judgment or order of court, or if such moneys are not collected due to inadvertence or neglect of the officers or employees of the District or City of Carlsbad. In no event shall the District be liable or in any way responsible for failure to collect such connecting fees, or for failure to pay any money to applicant.

(Ord. 51, 10/7/2025)

If any of the improvements qualify for reimbursement under this chapter and are constructed through a 1911 Act of Improvement District as defined in the Improvement Act of 1911, Division 7 of the California Streets and Highways Code, the District will pay the owner or owners of the assessed property the sums it would otherwise pay to an individual applicant under the terms of this chapter. The payments will be made at the times mentioned in this chapter to the property owner or owners at the time the payment is made.

(Ord. 51, 10/7/2025)

Any funds mailed to the applicant or other party to the reimbursement agreement which are returned, or where the check, voucher, or other payment remains uncashed after expiration of the applicable retention period, shall revert to the District's water or recycled water connection fee fund or water or recycled water replacement fee fund as appropriate, and shall not be recoverable by the payee.

(Ord. 51, 10/7/2025)

A. Within Subdivisions.

1. Subdividers shall install water or recycled water pipelines to all property within the subdivision. When the water or recycled water pipelines are constructed by the subdivider, then no reimbursement 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 the 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 District water system, as determined by the General Manager, then the District will pay the additional costs required to construct the water or recycled water pipeline in excess of eight inches in diameter or in excess of the diameter required to serve the subdivision, whichever is larger.

2. Subdividers shall extend to the external limits of the subdivision all water and recycled water pipelines placed in and about the subdivision. The subdivider may enter into a reimbursement agreement with the District for off-site portions of water or recycled water pipeline extensions they must install for the subdivision.

B. For Length of Property Frontage. An applicant, subdivider, or individual developer shall cause the construction of water or recycled water pipeline to the external limits of the property line along the entire property frontage abutting upon the water or recycled water pipeline. However, for a large undeveloped frontage, the water or recycled water pipeline shall extend for a minimum length of seventy-five feet along the frontage if all the following conditions apply:

1. That the portion of the property being connected to the water or recycled water pipeline will totally contain the parcel or parcels served by the pipeline, together with sufficient side yard setbacks as required by applicable zoning law; and

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. 51, 10/7/2025)