A. Purpose:
1. Due to growth within the city of Yerington, it is necessary to develop policy to protect and plan for future use of the city's certificated water rights to serve future applicants.
2. It would be inequitable to require existing water customers to pay the costs related to serve future applicants.
3. The city adopts this section to ensure that future applicants pay all costs associated with providing them water service.
B. Definitions:
APPLICANT: Any person or entity that applies for water service from the city.
CITY: The city of Yerington.
CONNECTION FEES: Fees paid to the city for connecting applicant's property to the city's water system.
CUSTOMER: Any person or entity being served water from the city prior to the passage date hereof.
DEDICATION OF FACILITIES: To transfer ownership of facilities to the city, whether within or without the city's limits.
DEDICATION OF WATER RIGHTS: To transfer water rights by deed or other lawful means to the city together with all documentation necessary to completely conclude the transfer.
DEVELOPER: Any person or entity that applies for water service to supply four (4) or more water services through a single application.
FACILITIES: Consists of physical facilities, including, but not limited to, wells, casings, pumps, pipes, motors, related electrical installations, valves, fittings, water treatment installations and easements.
FAIR VALUE OF WATER RIGHTS: That value of city owned water rights as determined by the Yerington city council from time to time.
PERSON: Any applicant that applies for water service.
STATE ENGINEER: The Nevada state engineer in the division of water resources, department of conservation and natural resources of the state of Nevada.
WATER RIGHTS: Ground water rights available to serve applicants recognized as valid by the state engineer as permitted (certificated or uncertificated) rights, in good standing on the records of the state engineer, free and clear of encumbrances (except for conditions of the permit) or claims of others, the place of use of which is capable of being transferred to the city of Yerington's service area and the manner of use of which is capable of being changed to municipal, and, if applicable, the point(s) of diversion of which is (are) capable of being changed.
C. Payment For Water Rights Or Dedication Of Water Rights In Lieu Of Payment:
1. All applicants desiring water service from the city must pay fair value for the amount of water rights required to serve the applicant.
2. In the alternative to paying fair value, and in the city's sole discretion, an applicant may dedicate to the city that amount of water rights required to serve the applicant. In the event of dedication rather than payment, applicant will be solely responsible for all costs associated with the transfer of the water rights to city.
3. City's approval of an applicant's application for water service shall not impose any obligation on the city to install any infrastructure or improvements to the city's water system necessary to connect applicant's property to the system or to provide water service. Rather, the applicant is responsible for all such costs.
D. Dedication Of Facilities And Payment For Facilities:
1. An applicant shall, at its sole expense and as a condition to the city's obligation to serve the applicant with municipal water, install and dedicate all facilities necessary to deliver the water to the applicant.
2. All facilities to be constructed and dedicated to the city must be approved by the city prior to construction.
3. Prior to the city's acceptance of dedication for facilities that will actually pump or produce water, the applicant shall provide a well driller's log and a water quality analysis from a Nevada state certified laboratory, approved by the city, that will enable the city to determine whether such water source meets city's water standards, and, if not, to determine the level and type of treatment needed to bring the water up to city standards. Only facilities that meet city standards will be accepted by the city.
E. Applications:
1. All applications shall be submitted to the city by the applicant with such information and on such forms as may be required by the city, together with all required fees.
2. The application shall include all information necessary to enable the city to assess the application, and to determine the fair value payment or the amount of water rights to be dedicated to the city, including, but not limited to:
a. An accurate legal description, proof of ownership, and vicinity maps depicting the location and elevations (5 foot contours) of the development to be served in relation to the city's existing service area;
b. An estimate of the domestic and fire protection water requirements for the development to the satisfaction of the city;
c. A description of the quantity and quality of the water rights proposed to be dedicated to the city, if any, to the satisfaction of the city;
d. Sufficient project details to enable the city to develop preliminary engineering plans and specifications describing the improvements and/or alterations to the city's existing water facilities and the related cost to provide the expanded water service to the proposed development;
e. Sufficient project details to enable the city to develop preliminary engineering plans and specifications describing the size and location of feeder mains, project mains, and other necessary facilities and the related cost to provide the expanded water service to the proposed development;
f. Nonrefundable application fees as set forth on the applicable city of Yerington fee schedule; and
g. A cash advance, to be determined by the city, to cover the estimated cost for legal, engineering and other essential services incurred by the city to evaluate the impact that the proposed development will have on the city's existing water supplies, distribution facilities and existing customers. In lieu of the cash advance, the applicant may provide a bond, letter of credit or other guarantee acceptable to the city. This advance must be paid within ten (10) days of the city advising the applicant of the amount of the advance, following submission of the application to the city; and
h. Such other information as the city may reasonably require.
3. Within sixty (60) days of the city's receipt of a complete application, the city shall act on the application and either approve the application, with or without conditions, or disapprove the application.
F. Time For Payment Of Fair Value Or Dedication Of Water Rights Thereof And Time For Dedication Of Facilities Or Payment Of Costs Thereof: The fair value payment shall be made to the city by the applicant within ten (10) days of the city's approval of the final map. If not paid as required above, the application shall be deemed void without further action by the city. If water rights are permitted to be dedicated to the city in lieu of cash payment, all necessary applications, documentation and fees deemed necessary by the city shall be submitted as determined by the city.
G. Exclusivity Of Dedications: All property dedicated to the city shall be within the city's sole control, and those persons or entities dedicating such property shall have no further right with regard thereto. Said property may be used by the city in performance of its obligations to serve the municipal needs of its other customers wherever they may be lawfully served.
H. Abandonment Of Application, Refunds:
1. All applications approved by the city shall remain in good standing, subject to the provisions of this section and compliance by the applicant with all conditions established by the city, so long as the applicant's building permit issued by Lyon County or the city of Yerington remains in full force and effect. In the event the applicant fails to obtain its building permit within one year of the approval of the application, the city's approval shall automatically expire.
2. In the event a building permit issued by Lyon County or the city of Yerington lapses, the application with the city shall also lapse and any action theretofore taken by the city on the application, including any "will serve" letter issued shall be deemed canceled without any action by the city. In such event the city shall retain, without further obligation of any kind to the applicant, all fees and deposits previously paid to the city as well as all property transferred to the city.
3. A developer who does not intend to pursue his development may apply for the return of dedicated water rights and/or a refund of any payments for the fair value of water rights, provided construction of the project has not begun. The city shall retain all other fees.
4. Filing and application fees, if applicable, are not refundable under any circumstances.
I. On Site Development Costs And Connection Fees:
1. All cost of water distribution facilities, including, but not limited to, all meters and connections to the city's closest appropriately sized water main, shall be paid by the applicant.
2. Payment for all connection fees established by the Yerington city council, as revised from time to time shall only be made to the city when a building permit is issued.
3. In the event a development has not been completed within two (2) years of the date of approval of the development by the city, the city may sever any physical connection between the city's water system and the development, and take such other steps as may be necessary to protect the city's system. All costs incurred by the city to sever such physical connections and for other work undertaken to ensure the safety and integrity of the city's system shall be paid by the applicant.
4. The city council shall, from time to time, establish connection fees.
J. Criteria For Fair Value Payment And Dedication Of Water Rights To City:
1. Fair Value Payment: The amount of fair value payment is computed in annual acre feet of water as follows:
AFA = Acre foot annually
FS = The fee can be found in the city of Yerington fee schedule as adjusted from time to time by the Yerington city council.
Type | AFA | Cost
|
Type | AFA | Cost
|
a. Single-family residence | 1.0 | FS |
b. Each separate living unit in an apartment house, town-house, condominium, motel or hotel (with kitchen) | 0.75 | FS |
c. Each motel or hotel unit (without a kitchen) | 0.25 | FS |
d. Each recreation vehicle space | 0.25 | FS |
e. For each 1,000 square feet of landscaped area around apartments, motels, hotels, townhouses, condominiums, commercial and retail facilities | 0.25 | FS |
f. Commercial and retail facilities for each 1,000 square feet of structural improvements | 0.25 | FS |
g. Casinos, convention space, industrial and all types of development to be determined on a case by case basis by the city council | TBD | FS |
2. Dedicated Water Rights: The amount of water rights to be dedicated to the city of Yerington in connection with water applications is as follows:
(AFA = Acre foot annually)
Type | AFA
|
Type | AFA
|
a. Single-family residence | 1.0 |
b. Each separate living unit in an apartment house, town-house, condominium, motel or hotel (with kitchen) | 0.75 |
c. Each motel or hotel unit (without a kitchen) | 0.75 |
d. Each recreation vehicle space | 0.25 |
e. For each 1,000 square feet of landscaped area around apartments, motels, hotels, townhouses, condominiums, commercial and retail facilities | 0.25 |
f. Commercial and retail facilities for each 1,000 square feet of structural improvements | 0.25 |
g. Casinos, convention space, industrial and all types of development to be determined on a case by case basis by the city council | TBD |
3. Revisions And Additions: The amount of water rights to be dedicated to the city by persons proposing developments may be revised or expanded from time to time by the city council. (Ord. 05-01, 2-28-2005)