Rules, Regulations and Rates Governing the Extension of Water Mains

Revised February 18, 1998

Table of Contents: Extension of Water Mains

I Definitions

II General Principals

III Applications

IV Advance Payment Extension Contract

V Installation

I. Definitions

Applicant

the party entering into an Extension Contract with the Authority.

Authority

the South Central Connecticut Regional Water Authority.

Extension

the linear footage of main required in order to service property(ies) according to the terms and conditions set forth by these rules.

Extension Contract

an Advanced Payment Extension Contract executed by the Authority and the applicant providing for the installation of an extension pursuant to which the cost of such extension is paid by the applicant to the Authority as described in these Rules.

Main(s)

water pipes owned by or to be owned by the Authority, used for the purpose of conveying water to the Taker's service connections.

Proportionate Share Agreement

the agreement for payment of Proportionate Share of Water Main Extension Contract.

Proportionate Share Applicant

the party entering into a Proportionate Share Agreement with the Authority for water service to a property which is subject to the proportionate share provisions of these Rules and Regulations.

Taker

any party connected directly to an existing extension by a service line on which an extension Contract is in effect.

II. General Principles

1. Title of ownership in an extension is vested in the Authority.

2. An extension is under the sole control and jurisdiction of the Authority. This includes the right to connect additional customers without the consent of the applicant; to make further extensions beyond or running laterally from the extension; or to connect the extension with any other portion of the distribution system of the Authority. The Authority may take these actions without incurring any obligations to the applicant or takers receiving service from the extension except as provided.

3. If the property to be supplied by an extension is at such an elevation that pressure will be below 35 p.s.i. or above 115 p.s.i. where the service enters the building, the applicants for such an extension will be obligated to execute either a Low Pressure Agreement or a High Pressure Agreement prior to final accept- ance by the Authority of the application. These Agreements will be recorded in the Land Records of the municipality in which the property is situated.

4. If additional facilities, such as storage tanks and booster pumps, are required to provide adequate service to an extension and only that extension, the costs associated with the planning, design and construction of such facilities will be charged to the applicant. The facilities will be constructed in accordance with the Authority’s Standards for the Development of Satellite Water Systems. These standards are available as a separate document.

5. If additional facilities as described above will benefit the Authority's existing system or will be required to serve additional extensions by future applicants, the Authority will construct the facilities at its expense.

6. Extensions will be made in streets that are accepted and maintained by the municipality or in rights of way granted to the Authority. Extensions will also be made in new streets subject to the following: (a) the street will be constructed to line and grade conforming to the plan and profile as accepted by and recorded with the municipality; (b) a bond has been posted with the municipality by the owner, to insure satisfactory completion of said street according to the specific- ations of the municipality; and (c) there is written confirmation of all the items listed above by the proper municipal authority.

7. Private rights of way for mains must be located within the access road to the area being served.

8. Mains will be located to the extent possible within the paved portion of a street or right of way.

9. The applicant for water service is responsible for all new main extensions re- quired to provide service to a proposed subdivision, development, etc. This responsibility includes approach mains, “loop” mains and replacement/upgrade of mains required to connect the project to the Authority’s water distribution system and to meet and maintain minimum design pressure, needed fire flow and water quality criteria.

10. The Authority will determine the required length, size, material, routing and location of an extension, based in general on the following principles:

(a) The terminal point of extensions installed in streets not within a development will be the property line beyond the last taker to be serviced by the extension, including the installation of main required to cover the entire frontage of a subdivision tract.

(b) Extensions installed in streets within a development or subdivision will include all mains required to cover buildings to be served by the develop- ment or subdivision to intersecting streets.

(c) The size of main to be installed will be based on the existing and future needs of the Authority’s water system and/or prevailing municipal fire ordinances, and the costs will be allocated as provided in Section II-15 of these Rules.

(d) Phased construction within a development or subdivision may be allow- ed upon prior written approval by the Authority.

11. With the exception of new developments, when an extension passes corner properties having access to a main on an adjacent street, the Authority will install at its expense that corner property's portion of the extension from the existing main to the far property line. If this distance is subdividable in accordance with the zoning regulations of the municipality, the Authority will only install the corner property's portion of the extension from the existing main to the subdivided line. In no case, however, will the distance contributed by the Authority exceed 150 feet.

12. Where the Rules and Regulations require main extensions as shown on the site plan approved by the municipal Planning and Zoning agency, but on streets which will not be constructed, the Authority may defer installation of the main until an additional main is required in the street.

13. Where the applicant can connect to an available main, the Authority may defer installation of all or a portion of a main extension required by the regulations until further extension is required on the street. The applicant will pay the estimated cost of the extension based on the deferred length times the Authority's average cost of installing main extensions of the required size.

14. When main extensions are made in unfinished streets, the applicant is respons-ible for damages to the main and all such fixtures and appurtenances such as hydrants, gate boxes, blow-off boxes, etc., including its relocation, if damaged, or if relocation is necessitated by acts or omissions of the applicant or his agents. If, after the mains are installed, the grade is changed to reduce the required minimum cover of the mains, fixtures or appurtenances, then the applicant will pay the cost of lowering the mains to the depth required to correct this deficiency. This responsibility will remain in force until such time as the street is officially accepted by the proper municipal authority.

15. The Authority will determine the size of the main required. In those municipal-ities with fire ordinances in effect which specify the size of water mains, the Authority will comply with the ordinance requirements except where the size main stipulated in the ordinance would have a detrimental effect on the Authority's system. In this case the main will be sized for the overall best interest of the water system. The Fire Marshal in the affected municipality will be advised of the deviation from the ordinance.

Costs will normally be based on sizes not larger than 8", unless to satisfy requirements of the applicant it is necessary to install a main larger than 8". The cost will be based on the cost of the main size actually required.

16. Lots to be serviced must have a minimum of ten (10) feet of deeded frontage along a public or private right of way which contains a water main extension.

17. Cost of extensions installed will be the actual cost of the main, encompassing labor and equipment used, plus overhead at the prevailing overhead rates for the main size required. If pavement excavation and replacement or repairs are required for the extension, the additional costs will be added to the cost of the extension. Cost of deferred extensions will be the deferred length times the average cost of installing extensions of the required size.

18. All requests for the installation of public fire hydrants must be made directly to the municipality and are subject to order by the municipality.

19. The Authority will add to the cost per foot of new main extensions a charge to cover the installation of the fire hydrant (including laterals). The per foot charge applied is based upon the prior year cost of fire hydrant installation (including laterals) on new main extensions.

III. Applications

1. Applications for extensions will be accepted only from the owner of public record of the property which the extension will serve.

2. Applications must be made at the Authority offices and will not be processed until all information requested by the Authority is supplied.

3. The applicant, if a development is involved, will be required to furnish with the application one (1) reproducible subdivision map of the property to be supplied. This map must be a facsimile of the one approved and filed with the proper municipal authority. The applicant, if requested by the Authority, will furnish plan and profile drawings of the street(s) in which the main is to be installed as approved by and filed with the municipality. Only maps, plans, profiles or other drawings prepared and stamped by an engineer or surveyor licensed in the State of Connecticut will be accepted.

4. The applicant of a development or subdivision must notify the Authority at the time of application if phased construction is proposed. Phasing should be indicated on a property map supplied to the Authority.

5. Application for the extension of main will automatically expire sixty (60) days from the date of application if, within this period, all conditions required for acceptance of such application are not fulfilled. Upon cancellation of an extension application, the applicant may renew the application and will be subject to the Rules and Regulations in effect at the date of renewal.

6. Contract proposals for extensions will automatically expire sixty (60) days from the date transmitted to the applicant, if within this period the Authority has not received all fully executed required documents, including but not limited to the Extension Contract, High or Low Pressure Agreements and easements, and payments due at the time of contract execution. Upon expiration of a contract proposal, the applicant may request the proposal be subject to the Rules and Regulations in effect at the date of the renewal.

IV. Advance Payment Extension Contract

1. An applicant, on execution of an Advance Payment Extension Contract, will deposit with the Authority an amount equal to the Authority’s estimated cost of the extension. Any additional amount which may result from increased costs, as determined by the Authority, must be paid on demand to the Authority. The Authority may delay installation of any extension or service taps in an extension until the additional amount has been received.

2. Upon completion of the extension, the Authority will determine the actual cost of the extension. If the actual cost is less than the deposit, the Authority will refund the difference to the applicant. If the deposit is less than the actual cost, then an additional charge will be made to the applicant payable within fifteen (15) days of being invoiced. If not paid within thirty (30) days after the due date, the applicant will be assessed interest at a rate of 1.5% per month. The Authority may delay the installation of any service taps in such extension until the additional amount has been received.

3. No interest will be paid by the Authority on any or all of the amount paid by the applicant.

4. If an extension under an Advance Payment Extension Contract is installed in a street or highway which property is abutted by other than that of the applicant, the Authority agrees to require that the other property owners, before making any connection for water service, will pay their proportionate share of the cost of the extension. These property owners, referred to as “Proportionate Share Applicants”, will pay their share in full at the time of their application for water service. When received by the Authority, these amounts will be refunded to the extension applicant. Total refunds on the contract will not exceed the total amount paid by the extension applicant. The proportionate share applicant for water service will be subject to all of the terms, conditions, and provisions of the contract.

5. The extension applicant will be entitled to receive the proportionate share amounts collected by the Authority from the proportionate share applicant for a fifteen-(15) year period starting from the date of the main installation. Liability for payment of refunds for proportionate sharing will cease at the end of that fifteen-(15) year period, and any part of the amount paid by the extension applicant not refunded within the contract period will be the property of the Authority.

6. The applicant or a proportionate share applicant may not assign the Advance Payment Extension Contract or the Proportionate Share Agreement or any money due by reason of the terms of these agreements, without the written consent of the Authority.

7. The proportionate share provisions of the extension contract will not apply to existing Authority customers whom the Authority decides to connect to the newly installed extension.

8. All takers connected to extensions installed in accordance with the terms of an Advance Payment Extension Contract will be subject to the applicable rates, rules, regulations, terms and conditions of service of the Authority. However, when the municipality does not pay the fire service charge for a particular extension, these charges will be paid on a pro rata basis by all takers on the extension.

9. The Authority reserves the right to require that an Advance Payment Extension Contract cover all mains needed to supply a real estate development or subdivision in its entirety.

V. Installation

1. Extensions will be scheduled for construction after the applicant has fully com-plied with all conditions and contractual obligations.

2. Main may be installed in a public street that has been approved by a municipality, or in a private right of way if given the written consent of the Authority. In the case of a right of way, the applicant must provide an executed Right of Way Agreement and related documentation as specified by the Authority, prior to the main installation.

3. Extensions will normally be assigned for construction in the order in which all requirements have been met. However, the Authority may vary such assign-ment in order to integrate timing with other previously approved projects, in consideration of weather conditions, or based on the availability of materials or the immediacy of need.

4. It is the responsibility of the applicant to erect and maintain stakes to indicate correct street lines and grades, lot lines and hydrant locations in order to facilitate proper installation of the mains and appurtenances as determined by the Authority.