Corte Madera Municipal Code Ch. 21.28 Permits and Permit Fees

Prior to constructing a lateral or connecting a new building to an existing lateral, or undertaking a major repair of a lateral, the owner shall apply for and obtain a connection permit from the district. The application shall include a plan showing the location of the lateral and the proposed repair or replacement, and all buildings, other utilities, significant features and topography of the property and showing the public right-of-way or easement in which the lateral and the district sewer are located, and the proposed connection of the lateral to the district's sewer main line.

(Ord. No. 45, § 3, 6-4-2018)

No person shall uncover, make any connection with or opening into, use, alter, or disturb any district sewer or appurtenances or perform any work on any lateral, other type of sewer without first obtaining a written permit from the district, and paying all fees and connection charges and furnishing cash deposits as required therein and shall sign an agreement in a form provided by the district to fully reimburse the district for any and all costs incurred under this section above the amount of deposit. The provision of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the district.

Prior to the issuance of a permit for sewer construction, the applicant shall furnish to the district the permit fees, or a deposit in the form of cash or certified check, in an amount established from time to time by the board in order to recover the costs to the district of providing the permit services. The board shall set those permit fees or the amount of deposits that shall be made by the permit applicant for issuance of all types of sewer permits issued by the district.

If a deposit is required for issuance of a sewer construction permit, applicant shall furnish to the district a deposit in the form of cash or certified check in an amount specified by the district. The amount of the deposit shall be that estimated to cover the costs of plan checking, inspection, engineering and legal work incurred by the district in connection with the sewer construction. The applicant shall also sign an agreement in a form provided by the district to fully reimburse the district for any and all costs incurred under this section above the amount of deposit. Upon completion of the work, a final accounting will be made of all costs incurred by the district. If such costs are less than the amount of the deposit, the difference shall be refunded to the applicant. If such costs are greater than the amount of the deposit, the applicant shall, upon request, pay to the district the amount of the difference. In any case, final acceptance of the work will not be made until such time as the district has been fully reimbursed for all costs incurred in connection with the work.

(San. Dist. No. 2 Ord. 38 § 1, 2004: San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the district for that purpose. The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. District staff may require plans, specifications or drawings and such other information as may be deemed necessary.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Fees for sewer permits shall be as set forth below effective July 20, 2015.

Sanitary Sewer Permit

(San. Dist. No. 2 Ord. 42 § 2, 2007; Ord. No. 44, § 2, 5-19-15)

(a) Minimum standards for the design and construction of new sewers, and for the repair or replacement of existing sewers within the district shall be in accordance with the requirements of the district appearing in the current edition of the "Standard Specifications and Drawings, Sanitary District No. 2 of Marin County" or similar guidelines that may be established by or for the district. District staff, with the consent of the board, may permit modifications or may require higher standards where unusual conditions are encountered.

(b) Three complete sets of as-built drawings showing the actual location of all mains, structures, wyes and laterals shall be filed with the district before final acceptance of the work.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Except as may be waived by district staff, the application for a permit for sewer construction or repair shall be accompanied by three complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the district, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications shall be examined by district staff who shall within twenty days approve them as filed or require them to be modified as deemed necessary for proper installation. If district staff determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the district, the permit applied for shall be issued upon payment of the fees and deposits required by the district. The permit shall prescribe such terms and conditions as district staff finds necessary in the public interest.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Only properly licensed contractors shall be authorized to perform the work of sewer construction within the district. All terms and conditions of the permit issued by the district to the applicant shall be binding on the contractor. The requirements of this section shall apply to all sewers that are installed to connect directly or indirectly with the district sewer system.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Any person constructing a sewer within a street shall comply with all state, county or city laws, ordinances, rules and regulations pertaining to the cuffing of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit by the district.

A separate permit must be secured from the public entity having jurisdiction thereover, by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Before any acceptance of any sewer line by the district and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete in full compliance with all requirements of the current "Standard Specifications and Drawings, Sanitary District No. 2 of Marin County" or similar guidelines that may be established by or for the district and to the satisfaction of the district staff.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from district staff.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other sections, rules and regulations of the district, and with the plans and specifications the applicant has filed with the application, if any, together with such corrections or modifications as may be made or permitted by the district, if any. Such agreement shall be binding upon the applicant and may be altered only by the district upon the written request for the alteration from the applicant.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

All sewer construction work shall be tested and inspected by district staff to insure compliance with all requirements of the district. Testing shall be in strict accordance with "Standard Specifications and Drawings, Sanitary District No. 2 of Marin County" or similar guidelines that may be established by or for the district. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the district's sewer system until the work covered by the permit has been completed, inspected and approved by district staff. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the district staff shall issue a certificate of satisfactory completion.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the property, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the district.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be paid for by the owner. As part of the application for each permit issued under this title, the applicant shall agree to defend, indemnify and hold harmless the district and its agents, officers, attorneys, staff and employees from any claim, action or proceeding brought against the district or its agents, officers, attorneys, staff or employees in connection with the application and/or approval by the district and from any loss or damage that may directly or indirectly be occasioned by the performance of the work subject to the permit. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the district, if any, and cost of suit, attorney's fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the district and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the district for all the district's costs, fees and damages which the district incurs in enforcing the indemnification provisions set forth in this section.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

District staff may either suspend or revoke a permit by written notice delivered to the permittee if it is found that:

(1) Conditions at the property vary substantially from those shown on the approved plan;

(2) The work authorized under the permit does not conform to the approved plan;

(3) Cessation of work before completion has left the property in a condition hazardous to the public or to adjacent property;

(4) The work authorized under the permit has not commenced within four months from the date of the permit, or, after having been commenced, is not consistently and expeditiously prosecuted or carried forth toward completion.

Upon the expiration, suspension or revocation of a permit, all work shall cease. If a permit is reissued after expiration, suspension or revocation of a prior permit, the permittee shall make an additional deposit to the district in accordance with Section 21.28.010 prior to performing any work that is authorized by the permit.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The district and its officers, agents and staff shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall hold the district and its officers, agents and staff harmless from any liability imposed by law upon the district or its officers, agents or staff, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of the applicant's work or any failure which may develop therein.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)