The purpose of this article is to provide for the procedure,
terms and conditions for extensions of City sewer mains, connections
to the existing City sewer system, and requests for expanded sewer
use allocations to protect the public welfare and safety of residents
of the City of Lebanon.
Every element of the City's sewer collection and treatment infrastructure
has capacity limitations and will continue to have some limitations
even as the City takes actions to increase capacity. The City has
assessed the system's capacity and intends to continue to regularly
monitor and update that assessment as new data becomes available.
The public interest requires that limitations on the approval of sewer
usage must be established, to be adjusted on an ongoing basis. It
is the further purpose of this article to institute a process for
evaluating the elements of the City's sewer collection and treatment
system to be impacted by any new development or change in land use
which may result in an expansion of sewer system use, so as to assure
that each impacted system element has adequate unused, unallocated
capacity for the proposed expansion, to thereby prevent any future
failure or overflow, with the attendant health and environmental damage
and/or violations of clean water and pollution laws; and further,
to create a system of allocation so as to prevent expansions of sewer
use from consuming such high portions of the remaining capacity of
any system element as would be unfair and inequitable to owners of
other lands served by the system.
In order to maintain a margin of safety, any sewer main or pipe,
either part of a sewer interceptor, or other element of the sewer
collection system, which contains flows at 95% of the available capacity
for that size pipe shall be considered at full capacity. No development
of land, change of land use, or other action implicating an expansion
of use of the sewer collection system shall be permitted if such change,
when flows and development impacts are calculated in accord with this
article, causes any element or portion of the sewer collection system
to exceed that 95% level, as determined by the Director of Public
Works.
No single development of land shall take place within the City, be given approval for a sewer extension, sewer connection, or be permitted to expand the property's existing use of the sewer system if such request increases the estimated flows in the sewer collection system (collector pipe, sewer main, or sewer interceptor) by an amount greater than 50% of the unallocated remaining capacity (as calculated under §
136-102 above and §
136-105 below) within the system at the time a sewer use permit is requested. This 50% limitation shall be applied to all elements of the system between the point which the flows from the development would enter the system, and the Lebanon Wastewater Treatment Plant. The Council can consider requests to exceed the 50% capacity on a case by case basis, in accord with the provisions of §
136-111 below.
All new connections to the existing City sewer system shall require the approval of the City Manager or his or her designee, by way of the issuance of a sewer use permit in accordance with §
136-105.
Any development of land, change of use, or other action implicating an expansion of sewer system use, shall require the approval of the City Manager or his or her designee in accord with §
136-105, even if it does not involve any new sewer connection or sewer main extension.
Extensions of water and sewer mains within the City of Lebanon shall require the approval of the City Council under this section as described below; provided, however, that sewer main extensions which extend a distance of no more than 600 linear feet may be approved by the City Manager, applying the same criteria and requirements as set forth in this section. All extensions of sewer mains shall, in addition, require the issuance of a sewer use permit in accordance with §
136-105.
A. Upon a request made by the City itself, through of the City Manager,
for the extension of sewer mains, the City Council shall make a determination
upon the request and shall base its decision upon available/adequate
capacity; need; topographic limitations of the City to supply; proximity
of a supply point or source to the street or streets to be served;
whether such extension will occur within an Urban Services District,
if such District is created by the City Council; priority considerations;
estimated costs and schedule of financing.
(1)
Cost estimates. Prior to a determination by the City Council
to extend sewer main or mains in any street, the City Manager shall
prepare and submit to the Council the estimated cost of the proposed
extension and a schedule of financing based on the procedure outlined
in the following section.
(2)
Procedure for financing:
(a)
If sewer main extension request is deemed to serve as a necessary
public benefit, the City Council shall appropriate the necessary funds.
(b)
The total cost of an extension may be assessed to each benefited property owner in accordance with the procedure, to the extent applicable, set forth in the Code of the City of Lebanon, Chapter
147, Special Assessment.
B. Upon a request by a property owner or a developer(s) for the extension
of sewer mains the City Council shall make a determination upon the
request and shall base its decision upon technical feasibility to
include available/adequate capacity; fiscal consequences; whether
such extension will occur within an Urban Services District, if such
District is created by the City Council; estimated costs and schedule
of financing; whether or not the petitioners or developer shall pay
for all costs relating to the extension.
(1)
Extension agreements. All requests for extensions of sewer mains
as proposed by a developer shall require an extension agreement between
the City and the developer containing the following:
(a)
The developer shall pay the full cost of design and construction
of the extension in accordance with City standards and requirements.
All plans for the design of the extension shall be submitted to the
City Engineer or such other person as designated by the Public Works
Director, for written approval. Any cost incurred by the City in reviewing
the design shall be paid for by the developer.
(b)
The developer shall pay to the City, prior to any construction, an amount estimated by the City to pay for independent engineering inspection services hired by the City. The applicant shall keep a minimum $2,500 balance in escrow. If the City spends less than the amount paid by the developer, the balance shall be refunded to the developer. If the City spends more than the payment made by the developer, the developer shall reimburse the City. The City's review of the construction documents and inspection during the period of construction and inspection prior to acceptance shall not bar or preclude, in any way, the rights of the City to assert claims against the developer for defects in construction under Subsection
B(1)(g) below.
(c)
The developer shall provide indemnification to the City for
any costs, damages or other expenses arising from review or construction
of the extension.
(d)
If any portion of the proposed extension is not within a City
highway, the developer shall acquire and convey to the City, as a
condition of acceptance of the extension, adequate rights-of-way in
compliance with the City's requirements and in conformity with the
requirements of the City as to the form of the deed, a title opinion,
monuments and a recordable plan.
(e)
After the extension has been substantially completed, as certified
by the City Engineer or other such person as designated by the Public
Works Director, the developer shall be responsible to repair and maintain
the extension for a period of one year or until such time as the City's
acceptance of the extension improvements is complete.
(f)
After the expiration of the one-year period for maintenance,
the City Manager shall determine whether or not to issue a certification
that the extension has been constructed and installed in accordance
with the plans, specifications and standards of the City. The City
Manager may require a report of a professional engineer, hired by
the City and paid for by the developer.
(g)
It shall be a condition of the extension agreement and any City
acceptance that the developer shall be responsible for any latent
defects discovered within eight years from the date of substantial
completion, as set forth in RSA 508:4-b, including all defects in
design, materials or workmanship, and shall be liable to the City,
upon written notice by the City, for the cost of repairs or replacements
of all defective improvements. In the event that the developer conveys
and transfers the project for which the extension was granted, the
subsequent owner shall be responsible for the obligations of the developer
for the remainder of the eight-year period regardless of whether or
not such obligation is expressly assumed.
(2)
No additional connections to the extension will be allowed for
any other property owners requesting service for a period of 10 years
from the date of acceptance of the extension by the City unless such
property owner(s) agree to pay to the developer a pro rata share of
the cost relating to the extension as determined by the City Manager.
The developer shall provide a copy of the contract documents for the
construction of the extension to the City prior to undertaking any
construction for review and approval by the City to ensure that the
requirements of the extension agreement have been met. The developer
shall include in any construction documents that the proposed extension
is intended to be transferred to the City for ownership and maintenance.
The City Manager shall determine the pro rata share of cost to new
applicants seeking connection to the extension based on the following
criteria:
(a)
The depreciated value of the extension infrastructure paid for
by the developer at the time the new applicant utilizes the extension.
(b)
The percentage of the extension at the point at which the new
connector accesses the connection. In essence, how much of the new
extension is the connecting applicant utilizing.
(3)
In addition, any security or bond obtained by the contractor
constructing and installing the extension for the benefit of the developer
shall remain in effect until the expiration of a two-year period from
the date the project is accepted by the City and shall be for the
benefit of the City.
(4)
Upon compliance with all the conditions set forth herein, the
developer may request, and the City Council shall accept the transfer
of the extension, including the sewer main and rights-of-way to the
City to become part of the City sewer system and the responsibility
of the City thereafter.
Except in cases of emergency, applicants for sewer use permits or sewer main extensions shall, prior to commencing any construction within any City sidewalk or highway right-of-way, obtain and comply with excavation permit requirements as outlined in the Code of the City of Lebanon, Chapter
152, Streets and Sidewalks.