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REGULATION NO.
5 -
EXTENSION OF THE DISTRICT’S BASE SYSTEM
5-1 APPLICABILITY - All extensions of the
District’s Base system within the District’s Approved Water Service Area and
whether same are within or without the District, shall be made under the
provisions of this regulation unless specific authority is first obtained from
the Board to deviate therefrom.
5-2 APPROVED WATER SERVICE AREA - The
District is not obligated nor required to provide service beyond its Approved
Water Service Area; however, the District may, at the Boards discretion and
approval, enlarge its Approved Water Service Area boundaries provided that the
conditions of Regulation 3-2, and 3-3, and the provisions of MCA 7-13-2341 have
been met and that the Board has determined that the water system can meet the
increased demands. When requests for
expansion of the Approved Water Service Area Boundary are submitted for
approval and said expansion request exceeds the Lockwood Water and Sewer
District boundary, Provisions of MCA 7-13-2341 will apply.
5-3 APPLICATION FOR EXTENSIONS -
Application for extension of the District’s base system, whether same are
within or without the Approved Service Area of the District, shall be made in
writing in the form and including required information approved by the
District. All applications for
extensions of the District’s base system shall be signed by the owners of the
property to be served by said extensions or their duly authorized agents and,
in addition, the applicant shall pay to the District, at the time an
application is submitted to the District for its consideration, the appropriate
application fees charged by the District for such services.
Extensions of facilities under
ownership by parties other than the District which are presently receiving
water from the District’s base system or which are proposed to be connected
with the District’s base system when construction of the facilities are
completed, shall in all cases be subject to the District’s approval prior to
commencing of such construction, as well as subject to any other conditions
that may be legally imposed by the District prior to its granting permission
for said construction.
Only if the Board has approved
inclusion of an area in the Water Service Area boundaries shall the Board
approve any extension, and then only if all other requirements of these
regulations are met by the applicant for such extension.
5-4 PREREQUISITES FOR FINAL DISTRICT APPROVAL
OF EXTENSIONS - Unless waived by the Board and confirmed in writing signed
by an authorized agent for the District, the applicant for approval of an
extension to the District’s base system shall comply with the following
requirements:
1. Written Application. The applicant shall submit the request for
an extension to the District’s base system by written application for review
and approval by the District for this purpose pursuant to Regulations 5-3 and
5-5 of these regulations.
2. Subdivision Plat or Parcel Description -
The applicant shall submit a certified copy of the subdivision plat or
Certificate of Survey duly approved by the County authorities with a full legal
description, covering the area to be served by the proposed extension of the
base system.
3. Engineer. Pursuant to and in accordance with MCA 18-2-121, all extensions
of the water system shall be under the direct charge and supervision of a
professional engineer licensed in the State of Montana. All plans and specifications for extensions
of the water system shall bear the seal and signature of a professional engineer licensed by the
State of Montana, MCA 18-2-122.
The applicant shall retain a duly
licensed engineer, at its own expense, for the purpose of designing the proposed
extension, inspecting and supervising the
construction and contractor's performance, certifying the completion of work in
compliance with District requirements, and providing as built drawings for
recording purposes. The engineer, the
engineering Scope of Services Agreement with the applicant, and the engineer's
plans shall all be subject to Board approval.
Upon application for an extension, the
applicant shall submit the name of the proposed engineer, together with the
engineer's Scope of Services Agreement setting forth the duties to be performed
by the engineer on the extension and its installation. The engineer's Scope of Services Agreement
shall at a minimum provide that the engineer will be present on site to inspect
and supervise the contractor's performance, back fill, pressure testing,
chlorination, and Bacteriological tests of the water mains to be installed, and
the minimum inspection time estimated therefor; that the engineer will be
present during 100% of the time when the main line is being laid and when
concrete is poured; that the engineer shall inspect the contractor's work and
make certification of inspection and completion to the Montana Department of
Environmental Quality and the District that the construction has been completed
in accordance with the Montana Public Works Standards and these
regulations. The engineer will provide
a set of record drawings reflecting the extension as built for recording to the
District and the Montana Department of Environmental Quality within ninety (90)
days of final completion.
Upon review of the application, the
engineer, and the engineer's Scope of Services Agreement, the Board shall
advise the applicant in writing of its decision to approve or reject the
engineer or the engineering agreement.
Upon approval of the engineer and the engineer's Scope of Services
Agreement, the engineer may draw up plans for the extension and its
construction for submission to the District and to the Montana Department of
Environmental Quality for final approval prior
to construction. The construction,
alteration, or extension of any system of water supply or water distribution
without first submitting necessary maps, plans and specifications to the State
Department of Environmental Quality for their advice and approval is
prohibited, MCA 75-6-112(3). The
District may have the submitted plans reviewed by their engineers before final
approval; however, the District assumes no responsibility or liability for any
defects in such plans, whether or not they are reviewed by the District’s
engineers and approved by the District, and any or all responsibility and
liability for any such defects, and the corrections therein shall be the sole
responsibility of the applicant, its engineer, or the contractor on the
project, as may be appropriate.
Final construction plans for extensions
of the water system shall be engineering design drawings on standard
plan-profile sheets. All plans shall be
based upon NAVD88 vertical datum and NAD83 (1992) horizontal datum.
4. Contract Documents and Project Materials. Upon submission of the application, or upon
submission of the engineer's plans after preliminary approval of the engineer
and the engineer's Scope of Services Agreement, the applicant shall submit to
the District a proposed set of all contract documents and materials to be used
in construction of the extension. All
materials used in the project must conform to American Water Works Association
Standards in effect ten (10) days prior to the bid date, the Montana Public
Works Standards Standard Specifications and Addendum’s as adopted by the
District and/or District regulations and District specifications. All contract documents and materials are
subject to District approval prior to construction. The contract documents shall include a two-year (2 year) warranty
and guarantee by the contractor, effective from the date of the engineer's
certification of completion of the project accepted and signed by the Engineer,
Owner and the District, providing that the contractor will correct, replace, or
repair any and all defects or other problems with the line in accordance with
the Montana Public Works Standards and Regulation 5-11 of these regulations.
5. Final Construction Agreement. If all of the foregoing are approved by the
Board, a final Construction Contract shall be entered into between the owner,
the District, and the contractor. In
addition to the foregoing requirements, the agreement shall provide that the
owner is responsible for and shall pay all costs associated with the extension,
including those costs of the District related to the extension, other than
costs approved by the Board as provided for in Regulations 5-10 and 5-12, as
set forth herein.
5-5 EXTENSION STANDARDS - The District
shall determine the size, type, quality of materials, depth and location of all
extensions to its base system. The
District shall establish appropriate standards for use in the design and
construction of said extensions. All
extensions to the District’s base system shall be in compliance with the
standards so developed by the District whether such extensions are within or
without the Service Area of the District.
5-6 EVALUATION OF EXTENSIONS WITHIN APPROVED
WATER SERVICE AREA - The District shall grant extensions of its base system
within its Approved Water Service Area in a non-discriminatory manner. In addition, the following considerations
shall also govern the granting by the District of all extensions of its base
system within its Approved Water Service Area:
1. An extension of the District’s base system
shall be self-supporting and shall not be a liability on the District nor the
District’s present customers;
2. Sound engineering, economic and business
principles shall be used by the District to determine the feasibility and
reasonableness of any extension to its base system;
3. Extension of the District’s base system
shall be approved by the Board only if the District finds its present
facilities are adequate to provide service to the new area without reducing the
overall quality of water service of existing customers of the District. The Board, at its discretion, may require
the applicant to pay for an analysis of the proposed extension by the
District’s Engineer. The District will
add the cost of the analysis to the application fee;
4. Extensions of the District’s base system
shall in all cases comply with the provisions of this regulation, the standards
of design and construction promulgated by the District in accordance with said
regulation and such other rules and/or regulations that the Board, the State
and Federal government may from time to time lawfully adopt;
5. Extensions shall extend the District’s base
system to the farthest point or points of their subdivision development. Extensions will be looped to avoid dead ends
within the system, unless otherwise approved by the Board and the Montana
Department of Environmental Quality;
6. If a proposed extension of the District’s
base system is found by the Board to be of such size and length and the water
consumption and revenues would be so minimal that the District’s obligations of
maintenance and repair are disproportionately great and would impose a burden
on other District customers, the Board may require an agreement with the owner
and/or developer to offset the District’s additional burden of repair and
maintenance on the proposed extension requiring the owners and/or developers to
fund the repair and maintenance costs of said extension. These costs are in addition to other
appropriate fees required by the District.
5-7 WATER SERVICE AREA BOUNDARY EXTENSIONS
- Extension of the District’s base system beyond the Approved Water Service
Area boundary may be considered by the Board only under the following
conditions and circumstances:
1. That the proposed extension of the
District’s base system shall comply with all the applicable provisions of
Regulation 5-6 above, as well as all other applicable provisions of these
regulations;
2. That all Federal, State and Local laws
relative to the construction and use of water for human consumption are
complied with by the applicants, or their agents, who have requested the
extension in question;
3. That the cost of construction of the
facilities to be extended will be borne by the applicants requesting the
extension of the District’s base system unless the District authorizes
participation in the cost of construction.
In addition, the applicants shall pay
to the District, an assessment for Capital Improvements (System Development
Fees) to the Base System, which will be determined by the Board. Said assessment shall be payable, in full,
to the District by the applicant prior to connection of applicant's facilities
to the District’s base system. The current
system development fee structure is included on Exhibit B attached to these
regulations.
Fire lines, additional customer
installations, or an enlargement of a customer's installation shall be
considered by the District as special service and the appropriate System
Development Fees for such special services will be computed on an equivalent
basis by the Board, and shall be due and payable to the District as required
for domestic services. The computed
System Development Fee shall be based on the larger of the water service or fire
line connection when assessing the fees for water service.
4. By approval of an extension, the District
only gives the applicant the assurance with respect to the planned construction
as a commitment, subject to compliance with all laws, codes, ordinances and
regulations, that upon completion and compliance with these regulations, the
District will permit a connection with the District’s base system of the
proposed extension.
5. Payment for water used as a result of the
extension of the District’s base system shall be in accordance with the
District’s approved rate schedules, or as they may be changed from time to time
by the Board.
6. Non-compliance with these regulations or
failure to pay water bills shall permit the District to terminate and suspend
water service to the property in question until such conditions are satisfied.
7. That the applicant's service and extension
agreements are non-assignable to other persons, entities or property.
8. That the owners of the property to be served
by the proposed extension shall be bound by the Articles of Incorporation,
By-Laws and Rules and Regulations of the District governing such service and,
in addition, any amendments to such Articles, By-Laws, and Rules and
Regulations that may, from time to time, be lawfully made.
5-8 POINT OF CONNECTION OF EXTENSIONS -
The location of the point of connection of extensions to the District’s
existing base system shall be determined only by the District. Such determination shall be based upon
findings that reasonable District standards are followed in fixing the location
of the point of connection and that no substantial deterioration of the overall
quality of water service to existing customers will result from permitting such
connection. In addition, fire suppression
water in sufficient quantities and pressures to serve the new extension shall
also be considered in fixing the location of the point of connection.
5-9 EXTENSION RIGHTS-OF-WAY, EASEMENT
RIGHTS-OF-WAY, GRADES, AND PERMITS The District is not required to allow
extensions of its base system in other than public streets, rights-of-way, or
easements, nor when final grades have not been brought to those officially
established by public authority for said streets or rights-of way. Applicants requesting extensions of the
District’s base system shall be responsible for securing, at applicant’s expense, all rights-of way and/or
permits that may be required in order to construct, repair, operate, maintain,
enlarge or replace the facilities to be extended. All rights-of-way agreements shall be subject to the District’s
approval and shall meet the District’s standards for such type of agreements
and said agreements shall be granted to the District. All main line extensions shall be placed in pubic rights-of-way
unless otherwise preliminarily reviewed and approved by the Board where
circumstances prevent the installation in a pubic right-of-way.
5-10 OVER SIZING OF EXTENSIONS - The
District, at its discretion, may direct the applicant requesting an extension
to the District’s base system to install larger facilities than that reasonably
required to serve the area included in the applicants extension agreement;
however, in such an event, the District may pay for the additional cost of
materials over and above the cost prevailing for those materials of the size
actually required to be constructed by the applicant, as determined by the
Board. In the event sufficient funds
are not available for the participation in the extension project by the
District, or in the event the oversized facilities fail to qualify for
participation by the District, the applicant shall, at applicant’s expense,
install all such water facilities required under these provisions regarding
extensions.
5-11 OWNERSHIP, OPERATION AND MAINTENANCE OF
EXTENSIONS - The ownership, operation, and maintenance of extensions to the
District’s base system shall be as provided herein:
1. The
ownership of extensions of the District’s base system shall be as follows:
a. The ownership for all extensions of the
District’s base system constructed within public streets, easements or
rights-of-way shall be vested solely in the District, but only after the
appropriate fees and warranty period have been met.
b. The ownership for all extensions of the
District’s base system constructed at the District’s sole expense shall be
vested in the District regardless of relative location.
c. The ownership for an extension of the
District’s base system constructed by private contract, shall be conveyed to
the District by the applicant requesting the extension at the time of
construction completion of the facilities so extended. The District shall undertake the operation
of extensions to its base system immediately after approval, conveyance and
acceptance by the Board. The District
will assume maintenance responsibility after the contractor's warranty expires
which is two (2) years from the date of the engineer's certification of final
completion and approval as per Regulation 5-4(3) of these regulations.
5-12 FINANCING
EXTENSIONS - When the District’s base system is to be extended to serve a
prospective customer, or a group of prospective customers, said prospective
customers shall be required to pay all costs of said extension unless the
District specifically agrees to participate in accordance with the provisions
of Regulation 5-10 of these Regulations Governing Water Service. Customer financing may be accomplished
either by private contract or through special improvement districts as provided
for by law.
All in-tract facilities required to
serve a subdivision or other type of development, including connecting loops
and cross-tie mains, as well as the mains in, to, around and through said
subdivision or development, shall be installed at the expense of the customer
or group of customers requesting the extension of water service. Said customers shall extend the District’s
base system to the farthest point or points of the development. Extensions will be looped to avoid dead ends
within the system, unless otherwise approved by the Board and the Montana State
Department of Environmental Quality.
Applicants requesting extensions will be responsible for securing all
rights-of-way, licenses, and permits that may be required in order to
construct, operate, maintain, repair, and replace the facilities to be
extended.
All off-site facilities required to be
installed to serve a customer's, or group of customer's, property shall be
installed at said customer's expense.
All individual extensions shall be installed at the expense of the
customer requesting said extension in a manner approved by the Board.
When, to make service available or
provide additional service to a customer or prospective customer, or a group of
said customers, and special facilities need to be constructed, the District may
require said customer or group of customers to enter into a special extension
agreement with the District wherein said customers may be required to finance
the construction of the special facilities prior to being granted water service
or additional water service from the District.
In all cases, the District shall
determine the size of extensions to its base system; however, in no case shall
any water main less than eight (8) inches in diameter be placed in the
District’s base system when said main must provide fire suppression water. In addition, the District shall not grant
nor construct free extensions to serve anyone.
5-13 EXTENSION CONTRACTS - All contracts
negotiated with the Lockwood Water and Sewer District will/may be reviewed by
the District Engineers and Attorneys, and will be signed by all parties prior
to the start of construction. Costs
associated with engineering and legal reviews will be charged to and paid by
the customer as per Regulation 9-9 of these regulations.
5-14 WATER MAIN CONSTRUCTION FEES -
Prospective District customers requesting a connection to a water main, which
abuts and fronts their property will be required to pay the appropriate system
development fee as outlined in Regulation 5-7 of these regulations. The current
system development fee structure is included on Exhibit B attached to these
regulations.
5-15 WATER LINE CONSTRUCTION AND REPAIR BY
APPROVED CONTRACTOR - All construction and repair of water mains will be
accomplished by a contractor approved by the Board of Directors and/or
Management. Contractors will be
required to meet the requirements of these Rules and Regulations, Montana
Public Works Standard Specifications, be currently registered with the State as
a Registered Contractor, have public liability insurance naming the District as
co-insured in a minimum amount set by the District, be bondable in the dollar
amount of the project , have worker’s compensation coverage or an exclusion
granted by the State, and the ability to obtain any and all permits required by
the District, County State or Federal government. Contractors performing water line construction under a contract
with the District, will meet the necessary requirements of the individual
contract pertaining to the specific project.
5-16 WATER LINE CONSTRUCTION TO COMMENCE WITHIN
TWO (2) YEARS OF AGREEMENT Construction
on all water line extensions must commence within two (2) years from the date
of the agreement that has been signed by the Board of Directors. If construction has not started within two
(2) years, the agreement will be considered null and void, and the applicant
must make re-application, pay any required application fees and re-negotiate
the agreement and request for water service.
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