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A. Single Lot Service: No more than one lot shall be served by a single water connection to the irrigation system. It shall be unlawful for two (2) or more individual lots to be supplied from the same irrigation system connection. In the event of a violation of this subsection, the supply of water through the irrigation system connection may be withheld until compliance has been made, unless otherwise outlined by contract. (Ord. 2007-14, 3-21-2007)
B. Single Lots With Multiple Uses: No more than one water connection shall be allowed on a single lot; provided, however, multiple connections may be allowed where a single lot contains more than one 1-family residence, such as where two (2) separate houses are placed on a single lot. In such case, upon application, a separate connection shall be allowed for each of the two (2) residences and their appurtenant yards and each shall be treated thereafter as a separate lot for purposes of this agreement. (Ord. 2009-06, 4-15-2009)
C. Location Of Connection: Each connection to the irrigation system shall be made at such location on the property line of each lot as the city shall determine. As a general rule, the location of connection shall be at a point closest to the nearest irrigation water main. It is the city's desire to run irrigation in streets with front connections.
D. Subdivisions And Planned Community Developments: All developers of subdivisions or planned community developments will be required to install an independent irrigation water system within the boundaries of said subdivision or planned community development. Unless otherwise excepted or additionally required by the city for good cause shown after submission of engineering and/or other data demonstrating the benefits for such exception(s), the irrigation system will include:
1. A valve at the end of the main line for flushing the line, or two (2) separate connecting points to the irrigation main line to circulate the irrigation system.
2. A one-inch (1") setter (70 series copper setter, VB74-10W-44-NL style) and a one-inch (1") meter idler (IDLER-10/34-NL), or equivalent thereof acceptable to the city, shall be installed to each lot.
3. All irrigation lines will be installed into the LaVerkin City's street right of way with irrigation connection to be supplied at the front of the property abutting the city street.
4. All irrigation lines installed shall be C-900 DR-18 purple pipe with tracer wire.
5. Each irrigation tap will terminate in a clearly marked irrigation connection box at the property line. A one-inch (1") setter (70 series copper setter, VB74-10W-44-NL style) and a one-inch (1") meter idler (IDLER-10/34-NL), or equivalent thereof acceptable to the city, shall be installed within this connection box, between the city irrigation system and the private property owner's system.
6. The main irrigation line will be sized adequately to provide water flow to each lot within the development. To ensure adequate water flow, the size of the irrigation water line must be engineered by the developer and approved by the city engineer. The minimum size of an irrigation water main in any noncollector street is six inches (6"). The minimum size of an irrigation water main to any collector street is eight inches (8").
7. The developer or lot owner will provide easements for all areas designated for irrigation service lines so the city will have access for repair and maintenance. All connections to the system must be inspected by the public works department.
8. In some cases where secondary water is not available from the city, the developer shall be required to obtain secondary water rights prior to the final approval of the subdivision or planned community development.
9. If necessary, developers shall extend irrigation mainlines from outside the boundaries of their subdivision or development to supply irrigation water sufficient to support the water requirements of their system.
10. Minimum water pressure for newly developed lots shall be thirty five (35) pounds per square inch (psi). (Ord. 2007-14, 3-21-2007; Ord. 2019-08, 8-21-2019)
A. Permit Required: It shall be unlawful for any person to lay, repair, alter or connect any irrigation water line to the irrigation water system without first having received a permit from the city.
B. Application For Permit; Requirements:
1. Application Made By Licensed Plumber: Applications for permits to make irrigation water connections or other alteration or for laying or repairing lines connected directly or indirectly to the irrigation water system, must be made in writing by a licensed plumber or his authorized agent who shall describe the nature of the work to be done for which the application is made.
2. Conditions For Granting Application: The application shall be granted if the public works director determines that:
a. The connection repair, alteration or installation will cause no damage to the street in which the irrigation water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the irrigation water main;
b. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.
3. Connections, Alterations Or Installations: All connections, alterations or installations shall be to the line grade designated by the public works director.
4. Performance Bond Or Equivalent: Every application shall be accompanied by a performance bond or other sufficient security adequate to cover the cost for the work contemplated by the connection or repair to the irrigation system, including the anticipated costs for restoration of city roads and other infrastructure.
a. Type Of Bond Or Guarantee: The bond or guarantee shall be in the form of cash deposited with the city and held in an interest bearing account, or a letter of credit from an approved institution or such other cash security bond as the subdivider may obtain that is approved by the city.
b. Amount Of Bond: The bond shall be equal to the cost of the improvements, plus twenty five percent (25%). The subdivider shall furnish an estimate of the cost of constructing the required improvements. Said estimate shall be prepared by an engineer registered to practice in the state. However, no estimate may be used as the basis for the amount of the bond until it has been approved by the city engineer.
c. Duration: The duration of the bond shall be for one year from the date of approval of project or such lesser time as is required to complete the said improvements.
d. Final Inspection And Partial Release Of Bond Or Default: The applicant shall be responsible for the quality of all materials and workmanship of all improvements. At the completion of the work, or no later than one year from the date of approval of the application, the city engineer and public works director shall make a preliminary inspection of the improvements and shall submit a report to the city manager, setting forth the conditions of such facilities. If the improvements are completed, all liens are paid, and conditions thereof are found to be satisfactory, the city manager shall release all but twenty five percent (25%) of the deposit or bond or security. If the improvements are not yet completed, or are completed but conditions or materials or workmanship show unusual depreciation or do not comply with the standards of the city in effect at the time of final plat approval, or if any outstanding liens are not paid, the procedures in subsection B4f of this section shall be followed.
e. Final City Acceptance: The applicant shall be responsible for the irrigation system improvements for a period of one year after said improvements are completed. In accordance therewith, the twenty five percent (25%) cash bond, or equivalent as approved, which is retained after completion of the improvements, shall be preserved in escrow by the city for a period of one year to assure that if latent defects or other problems with the improvements are found, whereby the improvements fail to meet city standards, such defects and/or problems are repaired and made to comply with city standards. Ninety (90) days prior to the one year anniversary of the date the twenty five percent (25%) deposit or bond or security is created, the city engineer and public works director shall again inspect the improvements and shall make a checklist of any needed repairs and a report of the condition of the facilities, which shall then be submitted to the city manager. If the improvements are satisfactory at the time of this inspection, the city manager shall direct that the twenty five percent (25%) deposit, bond, or security retained in escrow shall be released to the applicant. If defects or problems are found at this inspection, the procedures in subsection B4f of this section shall be followed. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record showing any changes to the improvements, the city shall release any remaining deposit or bond or security amount and shall make final acceptance of and assume responsibility for the irrigation improvements.
f. Default Procedures: If an inspection reveals that the improvements are deficient, the city shall notify the applicant that he is in default, and set a reasonable time period, not to exceed ninety (90) days, to correct the problem. At the end of the specified time, the improvements shall be reinspected, and if the improvements still fail to meet the required standards and the applicant has not submitted to the city and obtained approval of a plan with a deadline to correct the problem, the city council shall notify the applicant of the date a public hearing shall be held on the issue, at which the applicant shall be entitled to demonstrate why all or part of his bond should not be forfeited to be used to remedy the problem. The city council shall decide the matter and issue written findings on the same no later than thirty (30) days after the public hearing. If the city council's decision after the hearing is that the subdivider is still in default and no agreement with a deadline between the city and the applicant has been made to fix the problem, the city council may declare his cash deposit or bond or equivalent forfeited, and the city may use the same to repair or install the required improvements. In such case, if the bond is found to be insufficient to cover the reasonable cost of completing or repairing the improvements, the city may enforce the terms of the irrigation improvement cost overrun agreement described in subsection B4h of this section. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record, the city shall release any remaining bond or equivalent, less twenty five percent (25%) in the case of a bond for original improvements, which twenty five percent (25%) bond shall be held pursuant to subsection B4e of this section.
g. Agreement Deadline: In the event the applicant and the city enter into an agreement with a deadline for the applicant to remedy a problem with the irrigation improvements, if upon inspection by the city it is found that the applicant has substantially failed to live up to the terms of said agreement and/or failed to meet the agreed deadline, the city council may declare his bond to be forfeited and use the proceeds thereof to correct any problem that may exist with said improvements, and may also pursue enforcement of his subdivision improvement cost overrun agreement if required. No extension of the agreed deadline beyond thirty (30) days shall be allowed.
h. Irrigation Improvement Cost Overrun Agreement: Prior to or at the time of the obtaining of any bond under this section, the applicant shall also sign a subdivision improvement cost overrun agreement, on a form approved by the city. This agreement shall provide that if the city council declares a bond forfeited under this section, and the bond is found to be insufficient to cover the cost of installing or repairing the improvements, the city may bring legal action pursuant to said agreement against the subdivider or his properly acknowledged successor, for the difference between the amount of the bond and the cost of installing or repairing the improvements. Said agreement shall provide that the applicant shall be responsible for all legal fees and costs of such an action.
C. Fee: Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution. (Ord. 2007-14, 3-21-2007)
A. Application: Any person who desires to have the irrigation water extended within the city, and is willing to advance the whole expense of such extension and receive the return of the agreed portion, thereof, as hereinafter provided, may make application to the board by petition. The petition shall contain a description of such proposed extension, together with an offer to advance the whole expense thereof, which cost shall be verified by the city engineer. The board shall then make a recommendation regarding the extension and the city council may grant or deny the petition as in its discretion deems best for the welfare of existing irrigation users of the city.
B. Cost Of Extension Determined: Upon the receipt of such petition and map and before the petition is granted, the board shall obtain from the city engineer a certified statement showing the whole cost of making such extension.
C. Performance Bond Or Equivalent: If the city council grants the petition, a performance bond or equivalent amount of the cost of making the extension, as certified by the city engineer, shall be deposited with the city treasurer before any work is done on such extension. The deposit shall be made within thirty (30) days, or such time as the city council shall indicate, after the granting thereof. All bond provisions, as set forth in subsection 8-2-9B4 of this chapter shall apply.
D. Ownership Of Extension: Any extension shall be deemed the property of the city. (Ord. 2007-14, 3-21-2007)
A. Access By Department: The city shall at all ordinary hours have free access to any place supplied with water service from the irrigation system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.
B. Facilities In Good Repair: All users of water service shall keep their service pipes, connections, risers and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the city, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
C. Connection Line Size: All water connections shall be by three-fourths inch (3/4") lines for lots of one-fourth (1/4) acre or less in size. Lots greater than one-fourth (1/4) acre up to one acre may have a connection of one inch (1") in size. Lots greater than one acre in size may have a larger connection as approved by the city engineer. Irrigation water connection and impact fees shall be allocated based on the size of the connection line as identified in the capital facilities plan and established by resolution of the city council.
D. Quality Of Service Pipe: All service and other pipe used in conjunction with the irrigation water services of the city shall be of such material, quality and specifications as the city council may from time to time by resolution provide, and shall be installed at such distances belowground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting irrigation water pipes shall be subject to the acceptance of the public works director, and no connections with any irrigation water mains shall be made without first obtaining a permit from the city.
E. Scarcity Of Water: In time of scarcity of water, whenever it shall in the judgment of the public works director be necessary, the public works director shall by notice limit the use of irrigation water to the extent as may be necessary. The public works director shall have this authority without concurrence of the board or city council in the event of an emergency. In this event, the notice shall be reviewed at the next available regular meeting of the board and city council. It shall be unlawful for any person, his family, servants or agents to violate any notice to limit the use of irrigation water made by the chairman in pursuance of this section.
F. Relocation Of Water Connections: As the city moves irrigation lines to the streets; irrigation users shall relocate their irrigation connections to the front of their property. This relocation shall be completed at the irrigation user's expense within a twelve (12) month period after notification of the availability from the city street.
G. Schedule Of Use: The public works director may prohibit the use of the irrigation water system during any period of time, by individual users or by all users, if he determines that watering is resulting in a waste of water, or that use needs to be scheduled in order to meet the demands of the system.
H. Excessive Use Of Sprinklers: It shall be unlawful for any person to use such numbers of outlets simultaneously or to use such sprinkler or combinations of sprinklers or outlets as will in the opinion of the board materially affect the pressure or supply of water in the irrigation water system or any part thereof, and the city council may from time to time, by resolution, specify combinations of numbers of outlets which may have such effect, after recommendation by the board. (Ord. 2007-14, 3-21-2007)
A. Turning On After Being Turned Off: It shall be unlawful for any person, after the irrigation water has been turned off from the premises for nonpayment of irrigation water charges or other violations of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or to allow the water to be turned on or used without authority from the public works director.
B. Use Without Payment: It shall be unlawful for any person by himself, family, servants or agents to utilize the irrigation system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the irrigation system unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the irrigation system or to cast anything into any reservoir or facilities appurtenant or contributing to the irrigation system.
C. Separate Connections: It shall be unlawful for two (2) or more dwellings or service users to be supplied from the same service pipe or connection unless special permission for such combination usage has been granted by the city and the premises served are owned by the same person. In all such cases, a failure on the part of any one of the users to comply with this subsection shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all irrigation water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections or meters at a subsequent time.
D. Adjoining Premises: No consumer shall be permitted to conduct irrigation water pipes across lots or buildings to adjoining premises without permission from the city.
E. Open Discharge:
1. General Rule: Except as provided in subsection E.2 below, there shall be no open discharge of water from the irrigation system.
a. No flood irrigation shall be permitted from the irrigation system.
b. All water shall be discharged using a sprinkler, bubbler, drip system or other similar restrictive device.
2. Special Exception for Certain Serviced Properties: Property or properties owned or managed by one or more federal, state, or local governments or governmental entities or agencies, situated at the foot of the hillside and/or within the valley and/or flood plain located along and/or within the vicinity of the Virgin River, LaVerkin Creek, and Ash Creek (from the Pah Tempe property on the southeast to Riverwood Estates on the north, and to the extent such property or properties lie(s) within the delivery area of the City's irrigation system and is/are entitled to the delivery of water from said system), may-for a period not to exceed five (5) years-be flood irrigated, using water from the city's irrigation system; provided that:
a. An adequate pressure sustaining valve (preserving the upstream water pressure) and a magmeter of adequate size (to provide water usage information), acceptable to the city, is:
(1) Acquired, paid for, maintained, and replaced as needed (for the period of use) at the expense of the owner of said serviced property or properties; and
(2) Installed, meeting City requirements and standards:
i. At or near the property's connection to the City's irrigation system (as directed by the City); and
ii. At or before the time the property is (or properties are) connected to the City's irrigation system.
b. At or before the end of said five-year period of time:
(1) Flood irrigation on the property or properties shall cease, and irrigation water shall be discharged onto the property or properties as provided in subsection E.1.b above, or
(2) The property shall be disconnected from the City's irrigation system, and the property or properties may continue to be flood irrigated, using irrigation water not owned by the City or connected with the City's irrigation system (e.g., Ash Creek Special Service District water re-use water, Washington County Water Conservancy District water, LaVerkin Creek water rights, etc.).
c. Notwithstanding the provisions of subsections E.2.a above, title to the pressure sustaining valve shall pass to the City at the time of installation and inspection, and shall remain the City's property after any disconnection of the property or properties from the City's irrigation system.
F. Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water service from his premises or water facilities, either outside or inside his premises.
G. Cross Connection Prohibited: It shall be unlawful to make any connection to the irrigation water system that could cause the mingling of irrigation water with culinary water of the city as outlined in section 8-3-1 of this title.
H. Closing Of Main Line Valves: It shall be unlawful to close any main line valve without the permission of the public works director, unless the closing of such valve protects the public health and safety of the citizens of LaVerkin City.
I. Waste:
1. It shall be unlawful for any water user to waste water. Wasting water includes, but is not limited to, the following:
a. Allowing water to be wasted by leaky stops, taps, valves, joints or pipe;
b. Wastefully running water from faucets, sprinklers or stops or through basins, sinks or other apparatus;
c. Using the water for nonagricultural or nonlandscaping purposes; or
d. Allowing irrigation water to enter into the street due to overwatering.
2. If, in the judgment of the city, a user of irrigation water engages in practices which result in the needless waste of water, the city shall mail to the user written notice to discontinue the waste. If the waste is not terminated within ten (10) days of mailing, the city may terminate the water service, unless otherwise outlined by contract.
J. Water Not Supplied To Motors, Other Machinery: No water shall be supplied from the pipes of the irrigation system for the purpose of driving motors, pumping devices, siphons, turbines or any other type of wheels, or any hydraulic engine or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the city council.
K. Discharge Onto Adjacent Properties: It shall be unlawful to irrigate to the extent that water discharges onto adjacent properties. Any damages resulting from the unauthorized discharged water shall be the responsibility of the irrigation user.
L. Notification Of Violation; Appeal: The public works director shall, after determining that a violation or other improper use exists, notify the affected irrigation water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this section. An appeal of any irrigation decision of the public works director shall be taken to the city council. All appeals must be submitted to the city council within thirty (30) days of said decision. After thirty (30) days, all appeal rights shall be waived. (Ord. 2007-14, 3-21-2007; amd. Ord. 2020-03, 8-19-2020)
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