Chapter 15.76 UTILITIES

When a developer installs or causes the installation of water, sewer, electrical power, telephone, cable television, or other types of utility facilities and intends that the facilities will be owned, operated, or maintained by a public utility or other entity, the developer must transfer to the utility or other entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain the facilities. (Ord. 1222 § 1, 1997).

15.76.020 Right-of-way permit required.

A. Before performing any work within a right-of-way, the person performing the work must obtain a right-of-way permit from the city supervisor.

B. The city supervisor may condition the permit as necessary to protect the public health, safety, and welfare. (Ord. 1222 § 1, 1997).

15.76.030 Plan approval required.

A. Before any new sewer system or water system pipes are installed, a developer must provide plans to the city for review.

B. The plans provided to the city for review must be prepared, stamped, and acknowledged by a licensed engineer. (Ord. 1222 § 1, 1997).

15.76.040 As-built drawings required.

A. Whenever a developer installs or causes to be installed any utility line within the city, or connects to existing facilities within the city, the developer must furnish the city with a copy of a drawing that shows the exact location of such utility lines as soon as practicable after installation is complete, and before acceptance of any utility line.

B. The drawings must be verified as accurate by the utility service provider.

C. Compliance with this requirement is a condition of the continued validity of the permit authorizing the development. (Ord. 1222 § 1, 1997).

15.76.050 Utilities to be consistent with internal and external development.

A. Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, the utility facilities (e.g., water or sewer lines) must be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. In all cases, utility lines must extend to the common property line(s) of the subject property and the property(ies) where future development is anticipated.

B. All utility facilities must be constructed in a way that will:

1. Minimize interference with pedestrian or vehicular traffic; and

2. Facilitate maintenance without undue damage to improvements or facilities located within the development. (Ord. 1222 § 1, 1997).

Article II. Sewer

15.76.060 Construction standards and specifications.

A. All sewage disposal lines must be constructed in accordance with the latest edition of the APWA Standard Specifications and the City of South Bend Standard Plans and Specifications for Public Works Construction.

B. Sewage disposal lines and water lines must be separated by at least 10 feet. (Ord. 1222 § 1, 1997).

15.76.070 Serving lots with sewage disposal systems.

A. On any lot where a use requiring sewage disposal will be constructed, the property owner or developer must install a connecting line to the city sewer line or an approved on-site septic system.

B. If a lot is not connected to a city sewer line or served by an approved on-site septic system, then no use requiring sewage disposal can be made of the lot. (Ord. 1222 § 1, 1997).

15.76.080 Sewage disposal facilities required before construction is complete.

A building or structure requiring sewage disposal must be connected to a city sewer line or approved on-site septic system before the completion of the construction of a building or structure. (Ord. 1222 § 1, 1997).

15.76.090 Compliance with standards.

A. All proposed developments:

1. Must comply with standards and specifications of the city; and

2. Must meet the intent of the most recent edition of the city’s comprehensive general sewer plan.

B. The city supervisor must certify to the city that the proposed system meets the city’s requirements and will be accepted by the city.

C. The State Department of Ecology may also have to approve connections to the city’s sewer system. (Ord. 1222 § 1, 1997).

15.76.100 Conveyance of facilities to the city.

A. The following criteria must be met, unless otherwise waived by the city supervisor, before sewer facilities are conveyed to the city:

1. A public utility easement of adequate dimensions must be concurrently granted to the city.

2. The facilities must be inspected for conformance with the standards specified in the latest addition of the APWA Standard Specifications for public sewer facilities and the City of South Bend Standard Plans and Specifications for Public Works Construction. The city supervisor may require any test to demonstrate conformance. Tests may include, but are not limited to, infiltration, exfiltration, air tests, or a combination of tests. The applicant must notify the city supervisor when the sewer facility is ready for inspection.

3. The applicant must pay all required fees.

4. The city supervisor may require the developer to post a maintenance bond (in accordance with subsection (B) of this section) to cover the cost of replacing or repairing any of the facilities for a period of two years.

B. If a maintenance security is required by the city supervisor, the applicant must deposit with the city a maintenance bond or other acceptable surety to cover the cost of replacing or repairing any or all required improvements and to warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance of improvements by the city. The maintenance security must be one of the following:

1. A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;

2. A personal bond approved by the city attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;

3. Cash;

4. A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of development of the stated project.

C. The bond or other approved surety will be for 20 percent of the estimated value of all the required improvements as determined by the city supervisor.

D. Before the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements, the city supervisor will authorize the release of the maintenance bond.

E. The city supervisor may withhold release of the bond or surety up to one year from the date of any restoration or repairs to ensure that the restoration or repairs were adequate.

F. The city supervisor and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with SBMC 15.02.120.

G. When sewer facilities are accepted by the city, the developer must provide the city supervisor with as-built drawings of the sewer facilities, designed, stamped, and acknowledged by a licensed engineer. (Ord. 1222 § 1, 1997).

15.76.110 Side sewer permits required.

A. A developer must obtain a side sewer permit for any connection to the city sewer system.

B. A permit which includes side sewer work in a public area or the connection with or opening into any public sewer other than through the normal connection point of a “Y”, “T”, or stub, will only be issued to a registered side sewer contractor or qualified city employee.

C. A permit which includes side sewer work on private property will only be issued to:

1. The owner of the property (but such permit does not allow the owner to connect the side sewer to a public sewer except through the normal opening of a “Y”, “T”, or stub under the supervision of the city supervisor or his representative);

2. A registered sewer contractor; or

3. A qualified city employee.

D. Side sewer permits are not transferable. No authorized person, including any sewer contractor or qualified city employee, may lay any pipe pursuant to any other person’s permit.

E. No permit will be issued for side sewer connection before the main sewer is accepted by the city. (Ord. 1222 § 1, 1997).

15.76.120 Costs of side sewer borne by owner.

A. The property owner must pay all costs and expenses related to the installation and connection of the side sewer.

B. The owner must indemnify the city from any loss or damage that may directly or indirectly be caused by the installation of the side sewer. (Ord. 1222 § 1, 1997).

15.76.130 Side sewer permitting process.

A. Side sewer permits will be issued by the city supervisor.

B. The applicant for a side sewer permit must supply the city supervisor with the following information, on a form provided by the city:

1. Owner’s name;

2. Address of property to be served;

3. Owner’s mailing address;

4. Name and address to which bills must be sent;

5. Registered side sewer contractor’s or qualified city employee’s name and proof of qualification;

6. Legal description of the property to be served;

7. All outside dimensions of building to be served;

8. Location of buildings on property to be served;

9. Purpose of building; and

10. Alignment of the proposed side sewer.

C. All required fees must be paid before any side sewer permit is issued. Such fees may include, but are not limited to: permit fees, stub fees, general facilities connection charges, in-lieu-of-assessment charges, reconnection charges, and/or any other charges (outstanding or otherwise) associated with the permit or the property.

D. The permit card must be posted on the job before starting the work and must be readily accessible to the city supervisor.

E. The installer of the side sewer must meet with the inspector on the job whenever so directed.

F. No side sewer may be backfilled before approval of the city supervisor. (Ord. 1222 § 1, 1997).

15.76.140 Side sewer contractor registration required.

A. To assure safe and quality construction of side sewers, and safe and quality connection of side sewers to the public sewers of the city, no person, other than the owner of the property involved, may construct, install, repair, reconstruct, excavate, or connect to the public sewers of the city any side sewer, unless he is:

1. A side sewer contractor holding a valid, unsuspended current certificate of registration issued by the Department of Licensing of the State of Washington (pursuant to Chapter 18.27 RCW); or

2. A qualified employee of the city.

B. All such registered side sewer contractors and/or qualified city employees:

1. Must adhere at all times to the then-current requirements of the city relating to side sewers, connections to public sewers, and side sewer contractors, including reasonable requirements of the city supervisor relating to construction, installation, reconstruction and repair of side sewers; and

2. Will be liable for all damage to the public sewers and sewage treatment plant of the city. (Ord. 1222 § 1, 1997).

15.76.150 Each side sewer to have individual side sewer connection, unless exception granted.

A. Not more than one primary structure may be connected to the sewer system by a single connection unless an exception is granted by the city supervisor before the construction of such connection.

B. If more than one primary structure is connected to the public sewer system by a single connection, a mutually beneficial easement must be granted to the respective properties over the shared portions of the connection, thus assuring that all properties involved will have perpetual use of the side sewer. Provisions must also be made for maintenance and access for repair. The property owner must:

1. Record the easement(s) with the county auditor; and

2. Give a copy to the city. (Ord. 1222 § 1, 1997).

15.76.160 Protection of excavations –Restoration of public property.

A. All excavations for side sewer installations must be adequately guarded with barricades and lights so as to protect the public from hazard.

B. Streets, sidewalks, parkways, and other public property disturbed in the course of the work must be restored in a manner satisfactory to the city.

C. Any trench settlement within public right-of-way must be repaired by the property owner upon notification by the city. If the property owner fails to repair the trench, the city will make repairs and bill the property owner for the cost of the repairs. (Ord. 1222 § 1, 1997).

Article III. Water

15.76.170 Construction standards and specifications.

A. All water distribution lines must be constructed in accordance with:

1. The most current edition of the APWA Standard Specifications; and

2. The City of South Bend Standard Plans and Specifications for Public Works Construction.

B. Sewage disposal lines and water lines must be separated by at least 10 feet. (Ord. 1222 § 1, 1997).

15.76.180 Water system required.

Every principal use and every lot within a subdivision or in any existing plat must be served by a water supply system that:

A. Is adequate to accommodate the reasonable needs of the use or subdivision lot; and

B. Complies with all applicable health regulations. (Ord. 1222 § 1, 1997).

15.76.190 Compliance with standards.

A. All proposed developments must comply with standards and specifications of the city and must meet the intent of the most recent edition of the city’s comprehensive water plan. The city supervisor must certify to the city that the proposed water system meets the city’s requirements and will be accepted by the city.

B. Approval by the State Department of Health may also be required before connecting to the city’s water system.

C. In order to obtain a building permit for certain uses, applicants must supply evidence of adequate water supply, as required by RCW 19.27.097. Evidence may be in the form of a water availability notification or in another form approved in RCW 19.27.097. (Ord. 1222 § 1, 1997).

15.76.200 Conveyance of facilities to the city.

A. The following criteria must be met, unless otherwise waived by the city supervisor, before water facilities are conveyed to the city:

1. A public utility easement of adequate dimensions must be concurrently granted to the city.

2. The facilities must be inspected for conformance with the standards specified in the most current edition of the APWA Standard Specifications for public water facilities and the City of South Bend Standard Plans and Specifications for Public Works Construction. The city supervisor may require any test to demonstrate conformance. The applicant must notify the city supervisor when the water lines are ready for inspection.

3. The applicant must pay all required fees.

4. The city supervisor may require the applicant to post a maintenance bond (in accordance with subsection (B) of this section) to cover the cost of replacing or repairing any of the facilities.

1. A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;

3. Cash;

4. A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of development of the stated project.

C. The bond or other approved surety will be for 20 percent of the estimated value of all the required improvements as determined by the city supervisor.

D. When the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements, the city supervisor will authorize the release of the maintenance bond.

E. The city supervisor may withhold release of the bond or surety up to one year from the date of any restoration or repairs to insure that the restoration or repairs were adequate.

F. The city supervisor and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with SBMC 15.02.120.

G. When water facilities are accepted by the city, the developer must provide the city supervisor with as-built drawings of the water facilities, designed, stamped, and acknowledged by a licensed engineer. (Ord. 1222 § 1, 1997).

15.76.210 Licensed plumber required to make connections.

All water line connections must be made by a licensed plumber. (Ord. 1222 § 1, 1997).

15.76.220 Costs borne by owner.

A. The property owner must pay all costs and expenses related to the installation and connection of the water lines.

B. The owner must indemnify the city from any loss or damage that may directly or indirectly be caused by the installation of the water lines. (Ord. 1222 § 1, 1997).

15.76.230 Make application to connect to city water system.

A. Before connecting to the city water system, a property owner or developer must:

1. Make application; and

2. Pay the water connection fee.

B. The city will install a water meter and the connection will be made once the fee has been paid.

C. No water line trenches may be backfilled before approval of the city supervisor. (Ord. 1222 § 1, 1997).

15.76.240 Each lot to have individual water connection unless exception granted.

A. Not more than one primary structure may be connected to the water system by a single connection unless an exception is granted by the city supervisor before the construction of such connection.

B. If more than one primary structure is connected to the public water system by a single connection, a mutually beneficial easement must be granted to the respective properties over the shared portions of the connection, thus assuring that all properties involved will have perpetual use of the water line. Provisions must also be made for maintenance and access for repair. The applicant must:

1. Record the easement(s) with the county auditor; and

2. Give a copy to the city. (Ord. 1222 § 1, 1997).

15.76.250 Protection of excavations –Restoration of public property.

A. All excavations for water line installations must be adequately guarded with barricades and lights so as to protect the public from hazard.

B. Streets, sidewalks, parkways, and other public property disturbed in the course of the work must be restored in a manner satisfactory to the city.

C. Any trench settlement within public right-of-way will be repaired by the property owner upon notification by the city. If the property owner fails to repair the trench, the city will make repairs and bill the property owner for the repairs. (Ord. 1222 § 1, 1997).

Article IV. Other Utilities

15.76.260 Construction standards and specifications.

Construction and design standards and specifications for the components of utilities other than sewer and water are to be constructed in accordance with current franchise and permit procedures and in compliance with the City of South Bend Standard Plans and Specifications for Public Works Construction, Standard Plans and Specifications for Roads, Bridges, and Municipal Construction, and the Pacific County Road Standards. (Ord. 1222 § 1, 1997).

15.76.270 Lighting requirements.

A. All public streets, sidewalks, and other common areas or facilities in subdivisions created after the effective date of the ordinance codified in this chapter must be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, and other common areas or facilities.

B. All entrances and exits in substantial buildings used for nonresidential purposes and in multifamily residential developments must be adequately lighted to ensure the safety of persons and the security of the buildings.

C. All outdoor lights must be low sodium or similar lamp type and be downshielded to prevent light pollution.

D. Lighting within any lot that unnecessarily illuminates any other lot or public right-of-way and substantially interferes with the use or enjoyment of such other lot or public right-of-way is prohibited.

E. Lighting for automated teller machines or night deposit facilities must be provided in accordance with RCW 19.174.050. (Ord. 1222 § 1, 1997).

15.76.280 Electric power.

Every principal use and every lot within a subdivision or existing plat must have available to it a source of electric power adequate to accommodate the reasonable needs of the use or lot. (Ord. 1222 § 1, 1997).

15.76.290 Telephone services.

Every principal use and every lot within a subdivision or existing plat must have available to it a telephone service cable adequate to accommodate the reasonable needs of the use or lot. (Ord. 1222 § 1, 1997).

15.76.300 Underground utilities.

A. Except as noted in subsections (D), (E), and (F) of this section, all new electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad-mounted), telephone, cable television, and other communication lines installed must be placed underground in accordance with the specifications and policies of the respective utility service providers.

B. Utilities within the right-of-way on new roads must be installed in accordance with the standards listed in SBMC 15.76.260. If the distribution line originates from a point opposite any public roadway from the new construction, the service lines must be placed under the roadway by means of boring or surface excavation across the roadway.

C. For new development in existing plats or for infill development, utilities may be installed above ground, with the approval of the city supervisor and the respective utility service provider.

D. If the respective utility provider determines that an underground system cannot reasonably be installed according to accepted engineering practices, the requirements of this section may be waived upon receipt of a written notice from the city supervisor. The waiver must be noted in the permit or it will be considered as not being granted. If undergrounding is not determined to be feasible, the applicant must either sign a concomitant agreement or a no protest agreement of the formation of an LID for future undergrounding. Determination of which form of promissory will be used is at the discretion of the city supervisor.

E. Nothing in this section nor any other section in relation to underground utilities applies to power lines carrying a voltage of 15 kV or more.

F. Nothing in this section nor any other section in relation to underground utilities prohibits the placement of mounted transformers, terminal pedestal, or other electrical and communications devices above ground, as determined by the appropriate service utility provider involved. (Ord. 1222 § 1, 1997).

15.76.310 Sites for and screening of dumpsters.

A. Every development which is or will be required to provide one or more dumpsters for solid waste collection under the city’s solid waste collection policies must provide sites for such dumpsters that are:

1. Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way; and

2. Constructed according to specifications established by the city supervisor to allow for collection without damage to the development site or the collection vehicle.

B. All dumpsters must be screened if and to the extent that, in the absence of screening, they would be clearly visible to:

1. Persons in any dwelling unit on residential property other than that where the dumpster is located; or

2. Occupants or customers in any building on nonresidential property other than that where the dumpster is located, unless the other property is used primarily for purposes permitted exclusively in an industrial district; or

3. Persons traveling on any public street, sidewalk, or other public way. (Ord. 1222 § 1, 1997).