Chapter 14.03
RULES FOR CONSTRUCTION, INSTALLATION AND CONNECTION
Sections:
14.03.010 Specification manual.
14.03.020 Standard specifications for municipal public works construction.
14.03.030 Location of utility lines – Easements.
14.03.035 Construction setbacks from utility lines.
14.03.060 Maximum distance for water service connections.
14.03.070 Developer-installed water service connections.
14.03.080 Water supply cross-connections.
14.03.090 Utility connections to unoccupied properties prohibited and/or forfeited.
14.03.200 Private sewer lines.
14.03.250 Frontage requirements – Water and sewer.
14.03.300 Connections required – Storm drainage system.
14.03.310 Extensions for full lot frontage – Storm drainage system.
14.03.330 Inspection fees – Storm drainage system.
14.03.400 Registered engineer required.
14.03.430 Insurance, bonding and indemnification.
14.03.010 Specification manual.
By resolution the city council may adopt a specification manual establishing rules, regulations and technical specifications relating to the construction of utility lines and the installation and connection of utility services. Copies of the specification manual shall be available for inspection during all business hours of the city at the office of the city clerk and at the office of the utility department. Copies may be purchased in accordance with the fees set forth in MMC 14.07.005. The specification manual may be amended by resolution of the city council. In any instance where the specification manual conflicts with the provisions of this chapter, the provisions of this chapter shall govern. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2106 § 10, 1996; Ord. 1434, 1985).
14.03.020 Standard specifications for municipal public works construction.
All materials and construction methods used for extensions and additions to the city utility system shall conform to the most current edition of the standard specifications for road, bridge and municipal construction as prepared by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter, as the same may be modified by the city’s specification manual. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.030 Location of utility lines – Easements.
(1) All public utility lines shall be installed in public streets or alleys or in easements which have been granted to and accepted by the city for such purposes.
(2) Utility easements granted to the city shall be not less than 10 feet in width; provided, that when such easements extend from the end of an existing public road, or extend along the alignment of any anticipated future public road, such easement shall be not less than 20 feet in width. Pipes shall be installed a minimum of five feet from edge of easement.
(3) All storm water treatment and flow control facilities permitted per the requirements in Chapter 14.15 MMC shall record access easements allowing the city engineer, or designee, to conduct facility inspections. The easement shall be in a form acceptable to the city attorney and may be recorded by itself or included in a plat, short plat or covenant. (Ord. 3035 § 2 (Exh. B), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.035 Construction setbacks from utility lines.
No structure shall be erected within utility easements. Further, all structures shall be set back a minimum of 10 feet from the center of any utility line, as-built. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1786, 1990; Ord. 1726, 1989).
14.03.040 Water meters.
The consumption and use of all water taken from the city water system shall be metered at each individual connection. Water meters shall meet the specifications of the city and shall be the property of the city utility system. Individual water meters shall be required for each detached single-family residence. A master meter may be used for duplexes, multiple-family dwellings, condominiums and mobile home parks where there is single ownership or centralized administration. Water meters shall be required for each commercial, industrial and public facility connection. All water meters shall be placed within public right-of-way, or within an easement granted to the city, and shall be directly accessible at all times by city employees. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985.)
14.03.050 Fire hydrants.
(1) Fire hydrants meeting city specifications shall be installed on all extensions of the city water system at the time such extensions are constructed. All hydrants shall be owned and maintained by the city. The location and frequency of fire hydrants shall be specified by the city utility department and fire department; provided, that fire hydrants in single-family residential zones shall be spaced not more than 600 feet apart, and fire hydrants in multiple-family, commercial and industrial zones shall be spaced not more than 300 feet apart. All fire hydrants shall have three ports.
(2) No person shall plant any vegetation, erect any structure or perform any action which results in obstructing the view of a fire hydrant for a distance of 50 feet. The owner and/or occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than 10 feet. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.060 Maximum distance for water service connections.
The length of any water service connection owned by the city (i.e., the line between the water main and the water meter), and the length of private water lines (i.e., the line between the water meter and the building) shall be subject to approval of the utility department. As a guideline, 110 feet should be the maximum length for a service connection, and 500 feet should be the maximum length for a private line. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.070 Developer-installed water service connections.
A developer may install his own water service connections, including the meter box (but excluding the meter); provided, that it complies with all specifications of the city. In cases of new subdivisions, the developer shall install all water service connections. Installation of service connections shall be coincident with the installation of the water main. Service connections shall be shown on a water extension drawing and shall be subject to approval by the utility department. Service connections shall be conveyed to the city as a condition of obtaining water service. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.080 Water supply cross-connections.
The provisions of Chapter 14.10 MMC relating to water supply cross-connections are incorporated herein by this reference. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.090 Utility connections to unoccupied properties prohibited and/or forfeited.
(1) The city shall not sell utility connections, accept payment for capital improvement fees or allow the installation of water meters, for any unoccupied property or any property which is the subject of a pending development application until such time as all water and sewer utility infrastructure has been constructed and approved and either final plat approval, final binding site plan approval, final commercial/multifamily site plan approval, conditional use permit approval, or a building permit for previously platted individual lots is or has been issued.
(2) Any property connected to city utilities with a two-inch water meter, or larger, which remains unoccupied for 12 consecutive months, or uses no utility services for 12 consecutive months, shall forfeit its vested right to a utility connection, and at such time as it seeks to reactivate its connection it shall be subject to then-prevailing rules and regulations regarding utility availability for new customers. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2557 § 1, 2004; Ord. 2375 § 3, 2001; Ord. 1810, 1990).
14.03.200 Private sewer lines.
Private sewer lines shall be constructed and maintained in accordance with the engineering design and development standards. A private sewer shall serve no more than one lot. As a guideline, a private sewer shall be no longer than 500 feet, subject to approval by the utility department. A private sewer shall not cross any lot under different ownership without express approval by the city of all legal documents authorizing the same. The construction of all private sewers shall conform to the specifications of the city, including the depth, grade, and installation of inspection tees and points of connection; cleanouts shall be installed at least every 100 feet along a private sewer. Only authorized employees of the city utility department may connect any private sewer to a public sewer.
The utility department may require the installation of a grease, oil or sand interceptor, or any combination of these, on any private sewer line where it is deemed necessary to intercept excessive amounts of these materials. These interceptors shall be installed on private property and maintained in a satisfactory manner by the owner of the private sewer line.
Maintenance, repair and replacement of all private sewers is the responsibility of the owner. If the city determines that such work is necessary to protect the integrity of the public sewer system, written notice shall be sent to the owner specifying the time and manner in which the work must be completed. If the owner fails to comply with the notice the city may forthwith cause the work to be done and charge the cost thereof, plus 20 percent, to the owner. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.250 Frontage requirements – Water and sewer.
All lots connecting to city water shall have frontage on a distribution main; all lots connecting to city sewer shall have frontage on a collection main. At the time of connection, the property owner shall be required to extend the main(s) for the full public or private road frontage of the lot on which the structure to be connected is located, including both frontages of a corner lot. If the lot does not front on a public or private road for its full width, the main(s) shall be extended to the boundary line of the nearest adjoining lot which may be anticipated to require connection to the main(s) in the future. If it can be shown that no future expansions beyond the applicant’s lot will occur, a variance may be applied for pursuant to the provisions of MMC 14.03.500. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2375 § 4, 2001; Ord. 1646, 1988; Ord. 1434, 1985. Formerly 14.03.300).
14.03.300 Connections required – Storm drainage system.
(1) The owner of any property which is not connected to the public storm drainage system shall be required to extend any storm drainage main which is within 200 feet of the property, and to connect to and use the same, or install an acceptable overflow for storm water treatment and flow control BMPs/facilities that infiltrate, for all developed portions of the property, under any of the following circumstances:
(a) As a condition of final approval of a subdivision;
(b) As a condition of final approval of a short subdivision;
(c) As a condition of final approval of a binding site plan for any mobile home park, condominium, planned unit development, industrial park or shopping center;
(d) As a condition of any building, grading, paving or other development approval, including rezones or conditional use permits, which will have a significant adverse impact upon storm drainage, as determined by the public works director or designee.
(2) The public works director or designee may waive the requirement of subsection (1) of this section on the following grounds:
(a) If the public works director or designee finds that the capacity or condition of the existing public storm drainage system is insufficient or inadequate to serve the subject property; or
(b) If the public works director or designee finds that it would cause a practical difficulty to require the connection of the subject property to the public storm drainage system by reason of circumstances which are unique to the property and not generally shared by other properties in the vicinity; or
(c) If the public works director or designee finds that proposed on-site storm water BMPs are adequate under the requirements of this title.
No such waiver shall be granted which would be detrimental to the public health, safety, welfare or environment, or which would be inconsistent with the long-range plans for the public storm drainage system. In all cases where a waiver is granted, the property owner shall be required to strictly comply with storm water retention/detention requirements of Chapter 14.15 MMC.
The decision of the public works director or designee regarding such waivers shall be final, subject to appeal to the city council; provided, that in cases where a property owner has applied for development approval which is to be ruled upon by the city council itself, waivers referred to herein shall be determined by the city council after taking into consideration the recommendation of the city engineer. (Ord. 3035 § 2 (Exh. B), 2016; Ord. 2816 § 1, 2010).
14.03.310 Extensions for full lot frontage – Storm drainage system.
Whenever a property owner desires to connect to the public storm drainage system, the property owner shall be required to extend the storm drainage lines for the full frontage of the lot which is being connected. If it can be shown that no future extensions beyond said lot will occur, a waiver may be obtained from the public works director or designee, and the owner need only extend the line to the nearest point of connection on the lot. (Ord. 2816 § 1, 2010).
14.03.320 Application for connection, application fee and issuance of permit – Storm drainage system.
The owner of any property desiring to connect to the public storm drainage system shall apply for the connection on such forms as may be prepared and made available by the city public works department. The application shall include, at a minimum, a drawing showing the complete on-site drainage system which will be connected to the public storm drain. For applicable fees see Chapter 14.07 MMC. Upon approval of the application by the public works director or designee, a connection permit shall be issued which shall be valid for a period of six months thereafter. (Ord. 2816 § 1, 2010).
14.03.330 Inspection fees – Storm drainage system.
All storm drainage systems permitted under the provisions of Chapter 14.15 MMC shall be inspected by the city engineer or designee. In the event that a storm drainage line is to be deeded to and accepted by the city, the party constructing the same shall pay the city an inspection fee per Chapter 14.07 MMC. No line or facility shall be accepted by the city until all inspection fees have been paid and until the city engineer or designee certifies that the same has been constructed in accordance with city specifications. (Ord. 3035 § 2 (Exh. B), 2016; Ord. 2816 § 1, 2010).
14.03.400 Registered engineer required.
The design and construction of water and sewer mains which are to be connected to the city utility system shall be supervised by a registered professional engineer of the state of Washington. Details and methods of construction shall conform to the city specifications manual. All construction shall be subject to inspection and approval by the city. Responsibility for providing line and grade and taking measures for as-built drawings shall rest upon the owner’s engineer. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.410 As-built drawings.
As-built drawings of the completed installation of the utility lines shall be submitted to the city utility department for approval by the city engineer. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.420 Conveyance to city.
All extensions to the public utility system shall, at the city’s sole discretion, be subject to conveyance to the city by bill of sale, and such conveyances shall be accompanied by a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with city standards and specifications. The grantor shall further warrant the labor and materials used in the construction for a period of two years from the date of the conveyance to the city and shall indemnify and hold the city harmless from any damages arising from defective materials or workmanship. If the lines or facilities are on or cross private property, the grantor shall convey to the city the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.430 Insurance, bonding and indemnification.
Any party installing, repairing, extending or modifying utility lines in public right-of-way/easement, which lines are connected, or to be connected, to the city’s utility system, shall comply with the following:
(1) Prior to commencing work, a restoration bond shall be posted in such amount as is required by the governmental agency having jurisdiction over the public right-of-way.
(2) Prior to commencing work, a performance bond shall be posted in such amount as is required by the city engineer. The bond shall guaranty expeditious completion of the project in compliance with the approved plans and specifications, and shall warranty the materials and workmanship for a period of two years after acceptance by the city.
(3) Prior to commencing work, proof of insurance shall be submitted for commercial general liability insurance with limits not less than $1,000,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products-completed operations aggregate limit; and auto liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The city of Marysville shall be named as an additional insured party under the commercial general liability insurance policy.
(4) The party performing the work, its heirs, successors and assigns, shall indemnify the city of Marysville, and hold it harmless, from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons or property by reason of the performance of such work, the character of materials used, the manner of installation, or by improper occupancy of rights-of-way. In case any suit or action is brought against the city for damages arising out of or by reason of any of the above causes, the party, its heirs, successors and assigns, shall defend the same at its own cost and expense and shall satisfy any judgment after the suit or action shall have been determined, if adverse to the city, and further shall reimburse the city for reasonable attorney’s fees expended by the city in connection with the same. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985).
14.03.500 Variances.
The city engineer shall have authority to administratively grant a variance from any rule, regulation or requirement of this chapter or of the specifications manuals incorporated in this chapter by reference. Application for such a variance shall be filed, in writing, with the city clerk together with a filing fee as set forth in MMC 22G.030.020. The city engineer is authorized to issue variances in cases of special hardships, unique circumstances and practical difficulties. No variance shall be granted which would be detrimental to the public health, welfare or environment, or which would be inconsistent with the long-range plans of the Marysville utility system. Conditions may be imposed upon the granting of a variance to ensure the protection of the public health, welfare and environment. Each variance shall be considered on a case-by-case basis, and shall not be construed as setting precedent for any subsequent application. The decision of the city engineer on a variance application shall be final, subject to appeal to the city land use hearing examiner pursuant to the procedure of Chapter 22G.010 MMC, Article VIII, and Chapter 22G.060 MMC within a 20-day period after the written decision of the city engineer. (Ord. 2857 § 1, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2375 § 5, 2001; Ord. 2106 § 11, 1996; Ord. 1434, 1985).