920.04   SANITARY SEWER AND WATER MAIN EXTENSIONS.
   (a)   Sewer Mains. All requests for sanitary sewer services shall comply with Section 920.03. Each extension of the sanitary sewer main shall be constructed or installed as follows:
      (1)   Extensions within the corporation limits.
         A.   Sewer Main extensions shall be constructed when the property is subdivided or at the time of Final Plat in accordance with Section 1161.05, or
         B.   In the event that the property is not subdivided, the extension shall be constructed at the time that the property is developed.
      (2)   Extensions involving annexations.
         A.   Developed property annexations.
            1.   Existing developed property means the presence of structures that utilize on-lot sewage disposal systems or property that has the need for a sewage disposal system regardless of its use or the size of the parcel. Property owner(s) shall enter into a written agreement with the City for the sewer main extension and provide a Performance Bond in the amount of the cost to extend the sewer main (unless waived by the City) at the time the annexation petition is filed with the Shelby County Commissioners. The sewer extension shall be completed within 24 months of annexation.
         B.   Undeveloped property annexations.
            1.   The sewer extension shall be completed when the property is subdivided or at the time of Final Plat as provided in Section 1161.05 of the Codified Ordinances, or
            2.   In the event that the property is not subdivided, the sewer extension shall be completed at the time that development occurs.
            3.   If development is requested on the adjoining parcel requiring sewer services, the property owner shall complete the extension within 120 days of receiving notice from the City.
         C.   The size and capacity of the sanitary sewer main to be extended shall be determined by the capacity needs of the proposed development and future capacity needs as determined by the City. Oversizing by the City shall be in accordance with Section 920.05.
         D.   Connections to a sanitary force main are prohibited. If a sanitary force main is presently in front of a lot or parcel, then a gravity sanitary sewer shall be constructed by the developer or property owner from the lift station to the farthest property line of the lot or parcel to be developed.
         E.   All extensions of the gravity sanitary sewer main shall be installed to the farthest property line of the lot or parcel to be developed.
         F.   All sanitary sewer laterals shall be connected to the gravity sanitary sewer main in the time and manner approved by the Utilities Department.
   (b)   Water Mains. All requests for water services shall comply with Section 920.03. Each extension of the water main shall be constructed or installed as follows:
      (1)   Extensions within the corporation limits.
         A.   Water Main extensions shall be constructed when the property is subdivided or at the time of Final Plat in accordance with Section 1161.05 of the Codified Ordinances, or
         B.   In the event that the property is not subdivided, the extension shall be constructed at the time that the property is developed.
      (2)   Extensions involving annexations.
         A.   Developed property annexations.
            1.   Existing developed property means the presence of structures on the property that utilize on-lot water well systems. The property owner(s) shall enter into a written agreement with the City for the water main extension and provide a Performance Bond (unless waived by the City) in the amount of the cost to extend the water main at the time the annexation petition is filed with the Shelby County Commissioners. The water main extension shall be completed within 24 months of annexation.
         B.   Undeveloped property annexations.
            1.   The water main extension shall be completed when the property is subdivided or at the time of Final Plat as provided in Section 1161.05 of the Codified Ordinances, or
            2.   In the event that the property is not subdivided, the extension shall be constructed at the time that development occurs, or
            3.   If development is requested on the adjoining parcel requiring water services, the property owner shall complete the extension within 120 days of receiving notice from the City.
   (c)   The size and capacity of the water main shall be determined by the zoning of the parcel to be developed and the Fire Flow needs of the development.
      (1)   In all cases the following pipe sizes will be applied:
         A.   Residential - 8" Class 53 Ductile Iron Water Main
         B.   Commercial - 10" Class 53 Ductile Iron Water Main
         C.   Industrial - 12" Class Ductile Iron Water Main
      (2)   The City shall perform a Water Model Analysis of the development. The targeted fire flows for all developments shall be as follows:
         A.   Residential - 1,500 gallons/min.
         B.   Commercial district - 2,500 gallons/min.
         C.   Institutions - 3,500 gallons/min.
         D.   Industrial districts - 5,000 gallons/min.
      (3)   If the Fire Flows for the development can be improved through the looping of water mains, then the developer will be required to make such extensions and provide the looped connections. Oversizing of the water main by the City shall be in accordance with Section 920.05.
      (4)   All extensions of the water main shall be installed to the farthest property line of the lot or parcel to be developed.
      (5)   All water services shall be connected to the new water main in the manner approved by the Utilities Department. Individual water taps shall be under the control of the Utilities Director.
   (d)   Variances.
      (1)   The City Manager shall have the authority to reduce the length of a sanitary sewer or water extension for the following reasons:
         A.   For sanitary sewer: If the extension to the farthest property line will result in the sanitary sewer becoming less than 32 inches in depth.
         B.   For water mains: If the extension to the farthest property line will create low pressure (less than 25 psi) that cannot be addressed by water looping.
         C.   Obstructions: If the presence of obstructions such as a waterway or railroad would create an undue financial hardship on the developer or property owner, the City may elect to participate in the construction costs as provided in Section 920.05 or may limit the length of the utility extension to the point of the obstruction.
      (2)   The City Manager shall have the authority to permit a property owner to extend the required water or sanitary sewer main at a later date for the following reasons:
         A.   If a minority of the subject property is developed and the water main and sewer main extensions would create an undue financial hardship on the property owner.
         B.   If the subject property is being developed in phases and the water mains will be extended or looped in subsequent phases of the development.
         C.   Such variance to extend the water main at a later date shall only be granted if in the opinion of the Fire Chief, the phase being developed can be adequately protected with the proposed fire flows.
      (3)   If the City Manager permits the property owner to extend the water main or the sanitary sewer main at a later date, a written agreement shall be entered into between the City and the property owner containing the following stipulations:
         A.   If, at a later date, the property is subdivided as provided for in 1161.05 of the Codified Ordinances or the property is developed, the property owner shall complete the water and sewer main extensions within 120 days of Councils approval of the subdivision plat; or in the case of non-subdivision development within 120 days of the approval of the site plan.
         B.   If development is requested on the adjoining parcel requiring water and sewer services, the property owner shall complete the extension within 120 days of receiving notice from the City.
         C.   If the City desires to loop existing water systems for the benefit of customers, the property owner shall complete the extension within 120 days of receiving notice from the City.
         D.   The agreement shall be recorded and run with the land and shall remain unenforceable upon a transfer of ownership.
   (e)   Appeal. Any person aggrieved by the action of the Utilities Director and/or City Manager regarding the extension of water mains or extension of sewer mains or denied a variance by the City Manager may take an appeal to the Utility Connection Appeal Board as provided for in 913.07 of the Codified Ordinances.
(Ord. A-2143. Passed 11- -98; Ord. A-2229. Passed 11-13-00; Ord. A-2396. Passed 8-23-04; Ord. A-2456. Passed 10-24-05; Ord. A-2549. Passed 1-28-08.)