Ione Municipal Code Ch. 13.24 Public Sewer Construction

In accordance with Chapter 13.32, no person shall construct, extend or connect to any public sewer without first obtaining a written permit from the city and paying all fees and connection charges and furnishing bonds as required therein. The provisions 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 city.

(Ord. 323 §2(part), 1992).

The application for a permit for public sewer construction shall be accompanied by complete plans, profiles, and specifications, complying with all applicable ordinances, rules and regulations of city, 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 the city engineer who shall within twenty days approve them as filed or required them to be modified as he deems necessary for proper installation. When the city engineer is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, a permit shall be issued predicated upon the payment of all connection charges, fees and furnishing bonds as required by the city. The permit shall prescribe such terms and conditions as the city engineer finds necessary in the public interest.

(Ord. 323 §2(part), 1992).

A. For purposes of this article, a subdivision shall be defined as improved or unimproved land or lands divided for the purpose of sale or lease, whether immediate or future, into two or more lots or parcels.

B. The requirements of Sections 13.24.010, 13.24.020 and 13.24.110 shall be fully complied with and all fees and connection charges required under Chapter 13.32, excepting connection permit and inspection fees required under Section 13.32.090 A through D, shall be paid before any final subdivision map shall be approved by the city and before any permit to install sewerage facilities to serve the subdivision is issued. The final subdivision map shall provide for the dedication for public use of all streets, easements or rights-of-way in which public sewers are to be constructed.

(Ord. 323 §2(part), 1992).

In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the council a proper easement or grant of right-of-way sufficient in law to allow the laying and maintenance of such extension or connection.

(Ord. 323 §2(part), 1992).

Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the city. All terms and conditions of the permit issued by the city to the applicant shall be binding on the contractor.

(Ord. 323 §2(part), 1992).

Grade and line stakes shall be set by a registered civil engineer prior to the start of work on any public sewer construction. The contractor shall be responsible for accurately transferring grades to grade bars and sewer invert.

(Ord. 323 §2(part), 1992).

Any person constructing a sewer within a street shall comply with all state, county or city laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protection 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 city. Any person requesting a permit shall also comply with all applicable guidelines, including the local guidelines of city, adopted pursuant to the California Environmental Quality Act as contained in Division 13, Section 21000 et seq. of the Public Resources Code, and shall make all deposits required and pay all fees which may be established by the city to process applications to comply with said Act.

(Ord. 323 §2(part), 1992).

The applicant shall maintain such barriers, lights and signs as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as result thereof. He shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the city and the county or any other person having jurisdiction thereover.

(Ord. 323 §2(part), 1992).

A. Minimum standards for the design and construction of sewers within the city shall be in accordance with the current City Improvements Standards. The city may permit modifications or may require higher standards where unusual conditions are encountered.

B. "As-built" drawings showing the actual location of all mains, structures, wyes, laterals and cleanouts shall be filed with the city before final acceptance of the work.

(Ord. 323 §2(part), 1992).

Before any acceptance of any sewer line by the city 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 City Sewer Improvement Standards and to the satisfaction of the city engineer. If the work of constructing public sewerage facilities is not completed within the time limit specified in the permit, the council may extend said time limit specified in the permit, or may complete the work and take appropriate steps to enforce the provisions of the improvement security furnished by the permittee pursuant to Section 13.24.110.

(Ord. 323 §2(part), 1992).

Prior to issuance of a permit for public sewer construction, the applicant shall furnish to the city a faithful performance bond, cash, or amount of the total estimated cost of the work including city inspection and construction engineering costs as determined by the city engineer. Such faithful performance bond, cash deposit, or other improvement security shall be conditioned upon the performance of the terms and conditions of the permit and, unless more stringent requirements are otherwise specified by the council, shall guarantee the correction of faulty workmanship and replacement of defective materials for a period of one year from and after the date of acceptance of the work by the council. The applicant shall also furnish to the city a labor and material bond, or other security acceptable to the council, in the amount of the total estimated cost of the work.

(Ord. 323 §2(part), 1992).

Except as provided in Section 13.24.130 through 13.24.170, the extension of the public sewerage facilities to serve any parcel or tract of land shall be done by and at the expense of the owner, although the city reserves the right to perform the work pursuant to special assessment proceedings. The size and location of all sewer mains and other sewerage facilities shall be as required by the city.

(Ord. 323 §2(part), 1992).

A. Whenever a public sewer is required to be extended more than two hundred feet from the existing public sewerage facilities of the city to the nearest corner or point on the property line of the installer and the city finds that said sewer will potentially serve property other than that of the installer, the installer shall be entitled to an off-site sewer reimbursement credit in an amount determined by the council based upon the estimated number of side sewer connections which may, in the future, be made by other property owners to the sewer paid for by the installer beyond the limits of his property.

B. Any person proposing to construct an off-site sewer, as herein defined, shall submit a written request for a reimbursement agreement to the city clerk not less than two weeks prior to the date of the council meeting at which council action is desired. If the city engineer finds that the sewer to be constructed may reasonably be expected to benefit properties owned by persons other than the installer, a reimbursement agreement shall be prepared and submitted to the council for consideration and approval. The reimbursement agreement shall set forth the terms and conditions of reimbursement. As a maximum, the agreement may provide for (but need not) the following. The agreement may provide for partial reimbursement for off-site sewer construction through payment to the installer of an amount equal to eighty percent of the collector sewer charges paid to the city pursuant to Section 13.32.100A by others making side sewer connections to the off-site sewer beyond the limits of the installer's property within ten years from the date of acceptance of said sewer by the city. The total amount of said partial reimbursement shall not exceed the installer's entitlement to off-site sewer reimbursement credit as determined above. Said agreement shall be made and entered into prior to the issuance of a permit for the work by the city.

(Ord. 323 §2(part), 1992).

A. Whenever a public sewer larger than eight inches in diameter is required to be installed, and the city finds that said sewer will potentially serve property other than that of the installer, the installer shall be entitled to an oversize sewer reimbursement credit determined by the city equal to the difference between the estimated cost of installing the size of line required to serve the install-er's needs (eight-inch minimum) and the estimated cost of installing the larger size line. In the event that all or part of the oversize sewer to be constructed is an off-site sewer, the installer's credit for oversize sewer reimbursement shall be in addition to any off-site reimbursement credit for which he is eligible under Section 13.24.130.

B. Any person proposing to construct an oversize sewer, as herein defined, shall submit a written request for a reimbursement agreement to the city clerk not less than two weeks prior to the date of the council meeting at which council action is desired. If the city engineer finds that the sewer to be constructed may reasonably be expected to benefit properties owned by persons other than the installer, he shall cause a reimbursement agreement to be prepared and submitted to the council for approval, which agreement shall provide for partial reimbursement for oversize sewer construction through annual payments to the installer from the oversize sewer reimbursement fund of the city. Payments by the city to the installer will be made in July of each year following the first full year after acceptance of said oversize sewer by the city. The amount of each of said payment shall be equal to that portion of the total trunk sewer charges deposited in the oversize sewer reimbursement fund of the city pursuant to Section 13.32.110B during the previous twelve-month period as the installer's oversize sewer reimbursement credit bears to the total of all unexpired oversize sewer reimbursement entitlements. Said agreement shall be entered into prior to the issuance of a permit for the work by the city and shall terminate upon payment by the city of the full amount of the installer's oversize sewer reimbursement credit, or after the expiration of ten years from the date of acceptance of said oversize sewer by the city, whichever is sooner.

(Ord. 323 §2(part), 1992).

A. Whenever sewage pumping facilities or sewage treatment facilities are required to be constructed by a developer, and the city finds that said facilities will potentially serve property other than that of the installer, the installer shall be entitled to a facilities reimbursement credit determined by the city equal to the difference between the estimated cost of the size of facilities required to serve the installer's needs and the estimated cost of installing the larger facilities.

B. Any person proposing to construct sewage pumping or treatment facilities shall submit a written request for a reimbursement agreement to the city clerk not less than two weeks prior to the date of the council meeting at which council action is desired. If the city engineer finds that the sewerage facilities to be constructed may reasonably be expected to benefit properties owned by persons other than the installer, he shall conduct a special study of the proposed project and the service area involved and shall cause a reimbursement agreement to be prepared and submitted to the council for approval, together with recommendations concerning the establishment of an appropriate special benefit zone and special equalization charge pursuant to Section 13.32.070. Said reimbursement agreement shall provide for partial reimbursement through payment to the installer of all or part of such special equalization charges as may be collected from other properties connecting directly or indirectly to the sewage pumping or treatment facilities to be constructed. Payments by the city to the installer will be made in July of each year. Said agreement shall be entered into prior to the issuance of a permit for the work by the city and shall terminate upon payment by the city of the full amount of the installer's facilities reimbursement credit, or after the expiration of ten years from the date of acceptance of the facilities by the city, whichever is sooner.

(Ord. 323 §2(part), 1992).

Where special conditions exist in the opinion of the city, relating to any reimbursement agreement pursuant to the provisions of this chapter, the council may, either in addition to or in lieu of any of the provisions of this chapter, authorize a special reimbursement contract between the city and the person or persons constructing public sewerage facilities. Said special reimbursement agreement shall be made and entered into prior to the issuance of a permit for the work by the city.

(Ord. 323 §2(part), 1992).

The city may, in its discretion, pay that portion of the costs of extending its trunk sewer system or constructing sewage pumping or treatment facilities equal to the difference in cost between the size of facility required by installer's development and the size of facility that the city requires under its long range master plan when all of the following conditions are present:

A. The facility to be constructed replaces presently inadequate facility;

B. The facility to be constructed is one of those described in the master plan heretofore or hereafter adopted by the council, and is part of a currently planned capital improvement program of the city; and

C. The council has determined that it is within the city's financial ability to finance its share of the improvement.

(Ord. 323 §2(part), 1992).