Chapter 13.110
WATER SERVICE—CONNECTION*
Sections:
13.110.010 Service connections.
13.110.015 Water service—Connection.
13.110.017 Conditions required for making connections.
13.110.019 Water extensions and upsizing.
13.110.020 Installation and maintenance responsibilities of customer.
13.110.040 System development charges.
13.110.045 System development charge credits for existing and prior uses.
13.110.046 System development charge credits for system improvements.
13.110.047 Use and transfer of system development charge credits.
13.110.050 Service outside city limits.
13.110.060 Water improvements—Accepted by the city.
13.110.100 Acquiring water during emergency—Metering requirements—Billing.
* Prior ordinance history: Ords. 95-769, 98-023, 99-016 and 99-025.
13.110.010 Service connections.
A. It is the desire of the city of Battle Ground to achieve to the maximum extent possible the use of the city’s water system by all users within the city of Battle Ground city limits. All premises upon which any portion of a building is situated within the city limits of the city of Battle Ground shall be deemed to be within the area served by the water system and, when the building or structure is used for any purpose requiring a water system, the owner shall cause a separate connection to be made between the city’s water system (or other public water systems as approved by the public works director) and each building or structure. This connection requirement may be waived by the public works director if the building or structure is being built on an existing lot and is more than six hundred feet from the nearest water line.
B. All connections shall be made to the water system in a permanent manner, in conformity with all applicable plumbing laws and codes, subject to the approval of the public works director and the city’s standard details and construction requirements.
C. If any such connection is not made within the time provided in this chapter, the public works director or such other employee of the city as the city manager may hereafter designate is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city treasurer/finance director, which cost shall in no event be less than the water connection charges fixed for the various classes of buildings and applicable to the building to which the connection is made, and thereupon payment of such cost will be made by the water fund. The amount of the charges, together with a penalty of ten percent, plus interest at the rate of ten percent per year upon the total amount of the warrant and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as provided in BGMC 13.105.110. The total amount when collected shall be paid into the water fund.
D. As a result of anticipated near-term water capacity issues, the city of Battle Ground does not guarantee, or set aside, water service capacity for any new development, redevelopment, or expansion, which increases water usage within the city of Battle Ground service area until such time as additional water capacity becomes available as outlined in the Battle Ground water master plan. (Ord. 19-20 § 1 (part), 2019; Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 16-13 § 1 (part), 2016: Ord. 00-028 § 5 (part), 2000)
13.110.015 Water service—Connection.
The city will maintain all existing service connections, including the meter facilities, subject to the regulations hereinafter included. The house connection shall be installed and maintained by the customer at his own expense and in accordance with the standards established by the city public works department. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 00-028 § 5 (part), 2000)
13.110.017 Conditions required for making connections.
Water lines shall be located in city right-of-way to the maximum extent feasible. Any lines placed outside of city right-of-way must be approved by the city engineer. Any lines placed outside of city right-of-way will be privately maintained unless accepted by the city engineer. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017)
13.110.019 Water extensions and upsizing.
Water extensions shall be in the minimum pipe size as required by the city’s water design standards. Where water extensions are shown in the city’s water system plan the required pipe size will be based on the size called out in the plan. If a developer is required to upsize an existing water line, the new line will be based on the size called out in the plan. (Ord. 19-20 § 1 (part), 2019)
13.110.020 Installation and maintenance responsibilities of customer.
A. The customer shall, at his own risk and expense, furnish, install and maintain in safe condition all equipment that may be required for receiving, controlling and utilizing water at the house connection. The public works department shall not be responsible for any loss or damage caused by the improper installation, maintenance, wrong acts, or negligence of the customer or any of his tenants, agents, employees, contractors or licensees, in installing, maintaining, using or operating such equipment.
B. The city shall not be responsible for any damage to property caused by spigots, faucets, valves, and other equipment that may be opened when service is turned on at the meter in the original installation, or when restoration of service is made after a temporary shutdown. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 00-028 § 5 (part), 2000)
13.110.030 Metered services.
A. Each service shall be separately metered. Charges for all water use shall be on a metered rate basis as determined by the classification of the service and the applicable rate schedule.
B. The public works department will furnish, install and maintain a service of such size and location as the applicant may reasonably request from its water distribution main to the property line, or to the easement right-of-way line. Cost of a new service connection shall be as provided in the rate schedule.
C. The meters, whether installed on city or private property, shall be the property of the city. The applicant, as a condition of his contract for water service, guarantees access to the meter for purposes of reading and maintenance thereof.
D. No rent or other charges will be paid by the city for a meter and appurtenant facilities located on a customer’s premises.
E. The meters shall register within accepted ranges of accuracy.
F. No service shall be turned on or off except by an authorized agent of the public works department. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 00-028 § 5 (part), 2000)
13.110.040 System development charges.
A. A system development charge shall be levied and collected by the city for any development, expansion of use, change of occupancy, or increase in meter size that is found to place additional demand on the city’s water system. The system development charge shall be determined by multiplying the base charge per equivalent dwelling unit (EDU), which is established by resolution of the city council, times the number of EDUs of additional demand placed on the system. System development charges shall be calculated, due, and payable at the time of building permit issuance unless deferred pursuant to BGMC 13.110.043.
B. Persons or firms connecting to water mains or lines or related facilities which have been specially constructed at a cost paid by the city, but not pursuant to local improvement district bonds or through developer funding, which connection shall go to the improvement of the property of the person or firm’s connection to said water line, shall pay a cost reimbursement fee to the city based on said person or firm’s proportionate share of the costs incurred by the city. (Ord. 24-18 § 1, 2024; Ord. 22-18 § 1, 2022; Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 04-013 § 1, 2004: Ord. 00-028 § 5 (part), 2000)
13.110.043 Deferral of system development charges—Projects receiving system development charge credits.
For projects that will earn system development charge credits pursuant to BGMC 13.110.046, the water system development charge fee may be deferred at the request of an applicant. The request defers the portion of the water system development charge up to the maximum credits available, until prior to final occupancy issuance. Deferral of water system development charges is considered under the following conditions:
A. A staff report or final order must establish that the applicant is eligible for a water system development charge credit pursuant to BGMC 13.110.046.
B. If the water system development charge due exceeds the maximum credit available, the difference is due at time of building permit issuance.
C. A request for water system development charge deferral must be made at the time of building permit submittal; any requests received after submittal will be denied. An administrative fee, set forth in the city of Battle Ground fee schedule, will be due at the time of submittal.
D. The applicant for water system development charge deferral must grant and record in favor of the city of Battle Ground a system development charge lien in the amount of the deferred system development charge. The lien must be on a form approved by the city attorney, signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of Clark County. Proof of such recording shall be submitted to the city before a building permit will be issued. An obligation secured by the lien shall become due at the expiration of the deferral date unless earlier paid. The obligation secured by the lien not paid when due shall bear interest at the statutory rate in effect on the due date.
E. The city shall withhold temporary and final occupancy permits and installation of all water meters until the system development charges have been paid in full via credit and/or payment. Upon receipt of final payment of system development charges deferred under this subsection, the city shall execute a release of deferred system development charge lien for each lot for which the system development charges have been received. The applicant shall be responsible for recording the lien release at his or her expense.
F. If system development charges are not paid in accordance with the deferral and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with RCW Titles 60 and 61.
G. The extinguishment of a deferred system development charge lien by the foreclosure of a lien having priority does not affect the obligation to pay the system development charges as a condition of temporary or final occupancy.
Use of this deferral program does not guarantee an applicant will receive the maximum credits available. Credits will be processed per BGMC 13.110.046. The applicant is responsible for paying any difference between the maximum credits available and the credits received. (Ord. 24-18 § 1, 2024)
13.110.045 System development charge credits for existing and prior uses.
A credit against the system development charge (SDC) associated with a specific parcel may be granted by the director of public works for the elimination or conversion of existing water services in conjunction with improvement, expansion of use, or redevelopment on such parcel. The credit shall be calculated using the prevailing SDC rate schedule and is subject to the following limitations:
A. A system development credit charge for existing and prior water use shall be granted if the public works director finds that water capacity is available in the service area and the existing or prior use has paid monthly water fees, respectively, for the entirety of the one-year period immediately prior to the date of application for connection. If these two conditions are met, the applicant may apply for a one hundred percent credit against any new SDCs associated with the new use.
B. The credit against the SDC shall apply only to the parcel that the existing or prior water service connection serves.
C. No refunds shall be allowed for credits which exceed the amount of the SDC for which an application for connection is made.
D. In the event a structure is destroyed due to an occurrence outside of the applicant’s control, such as destruction by fire, tornado, earthquake, or other “act of
God,” then the applicant may request to have their services removed such as to not be charged the base monthly service fee. Once the structure has been replaced, in order for the applicant to not be responsible for applicable SDC fees upon reconnection of service, the reconnection shall occur within one year of the removal of their service, at which time the monthly billing for services will resume. In such a circumstance, the applicable meter removal and installation fees shall still apply. (Ord. 21-08 § 1, 2021)
13.110.046 System development charge credits for system improvements.
A. A credit against the applicable system development charge (SDC) may be granted by the director of public works for the present fair market value of any construction costs incurred in association with the improvement to or new construction of any system improvements provided by the credit applicant (or the credit applicant’s predecessor in interest) to facilities that are identified in the capital facilities plan for which system development charges are assessed and required by the city as a condition of approval for the immediate development proposal.
B. The applicability and maximum amount of the potential credits shall be identified by the development approval authority during the applicable permitting process.
C. Credits recognized by the city may be utilized in lieu of cash payment of system development charges for the subject development and/or another development within the incorporated boundaries of the city as further outlined in BGMC 13.110.047.
D. The amount of credit given shall not exceed the system development charge funded portion of the costs identified in the water system plan.
E. Any credits recognized by the city and not utilized within a period of ten years from the date of issuance shall be deemed to have expired and be of no further utilization in lieu of cash payment of system development charges.
F. Prior to receiving system development charge credits, an applicant shall first submit all necessary documentation as determined by the city engineer to ensure the appropriate amount and type of system development charge credits are credited to the applicant. (Ord. 21-08 § 1, 2021)
13.110.047 Use and transfer of system development charge credits.
System development charge credits accrued pursuant to BGMC 13.110.045 and 13.110.046 may be used for the subject development for which they were earned or they may be used instead to offset future system development charge assessments within the incorporated boundaries of the city. System development charge credits may additionally be transferred to another entity for use within the incorporated boundaries of the city. A credit holder may elect to transfer all of their system development charge credits or just a portion thereof.
A. To apply a system development charge credit, the credit holder shall submit a formal letter authorizing the use of their system development charge credits simultaneously with submission of their building permit application. The letter shall specifically include the amount of credits authorized to be applied and the type of credit to be applied. Prior to reducing the system development charge assessment for the accompanying building permit application by the amount of credit set forth in the authorizing letter, the finance director shall verify that the credit account holder has the amount of available credits authorized and the type of credit authorized in the letter. Upon such verification, the city shall then debit the credit account of the credit holder by the amount of system development charge credits applied. The amount of system development charge credits applied shall not exceed the amount of the system development charge assessment.
B. To transfer system development charge credits, the original credit holder shall submit a formal letter to the finance director requesting to transfer credit to another entity for use within the incorporated boundaries of the city. It shall be up to the discretion of the finance director to permit or deny any requested transfer. The finance director shall have the authority to request any additional documentation as may be necessary to determine whether or not said transfer should be permitted. Prior to authorization for any such transfer, the finance director shall verify the availability of the proposed system development charge credits to be transferred. (Ord. 21-08 § 1, 2021)
13.110.050 Service outside city limits.
The public works department, upon approval of the city council, may furnish water service to applicants adjacent to or within normal distance from existing water mains. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 00-028 § 5 (part), 2000)
13.110.060 Water improvements—Accepted by the city.
Water improvements will be accepted for provisional maintenance by the city upon recommendation of the city engineer; provided, prior to such acceptance, bonding shall be provided per BGMC 15.136.060. Final acceptance will be made within two years of the date of provisional acceptance when, in the city engineer’s opinion, all specifications have been fully met. The owner and/or his contractor and the utilities must repair any failure within a period specified by the city engineer at the expense of the owner or his contractor or the utilities responsible. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 15-04 § 14, 2015)
13.110.070 Easements.
Easements shall be provided pursuant to BGMC 15.136.080. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 16-13 § 1 (part), 2016)
13.110.100 Acquiring water during emergency—Metering requirements—Billing.
The city manager or public works director shall be authorized to purchase on a temporary emergency basis from any other water district, water association, or utility, water as required; all such water so purchased shall be metered. All water sold or purchased on any emergency exchange basis shall be metered both ways and the net water consumed shall be billed at the regular billing interval. (Ord. 18-07 § 1 (part), 2018: Ord. 17-07 § 1 (part), 2017: Ord. 00-028 § 5 (part), 2000)