NEW BRAUNFELS UTILITIES POLICY
WITH RESPECT TO EXTENSION OF WATER AND WASTEWATER SERVICE
ARTICLE I
GENERAL PROVISIONS
This subpart applies to the approval and construction of a service extension other than a service extension that is constructed as part of (1) a capital improvement program of New Braunfels Utilities or, (2) a project initiated by New Braunfels Utilities; and to the establishment and collection of recoupment fees and cost participation for oversizing for purposes of reimbursing developers or property owners or recouping costs incurred by New Braunfels Utilities for installation of water or wastewater lines or associated facilities.
In this policy statement:
(1) ASSOCIATED FACILITY means an apparatus or improvement that is used in conjunction with a water or wastewater line that provides water or wastewater service to a tract of land, regardless of where the associated facility is located. The term includes a lift station, force main, pump station, storage tank, or an addition to an existing facility that increases the capability of the existing facility to provide water or wastewater service.
(2) CITY means City of New Braunfels, Texas.
(3) CONSTRUCTION, with reference to a facility, means only the actual physical construction of the facility. The term does not include the designing of, surveying for, or laying out of a facility that occurs before the physical construction of the facility.
(4) DEVELOPER means the person, business, corporation or association responsible for the development of a lot, parcel or tract, and includes the property owner or subdivider.
(5) CHIEF EXECUTIVE OFFICER means the Chief Executive Officer of New Braunfels Utilities, or the designee of the Chief Executive Officer.
(6) OVERSIZE, with reference to a water or wastewater line or an associated facility, means an increase in the size or capacity of the line or associated facility above the minimum size or capacity, including fire flow requirements, that is necessary to provide utility service to a particular development.
(7) RECOUPMENT FEE means a charge made against a lot, tract or parcel for purposes of reimbursing New Braunfels Utilities or a developer a proportionate share of the costs of extending a water or wastewater line and associated facilities that serves the property against which the charge is made.
(8) SERVICE EXTENSION means a water or wastewater line or an associated facility that is necessary to extend water or wastewater service from a major New Braunfels Utilities transmission main or collection main to a tract of land and across the tract or frontage of the tract to a point determined by the Chief Executive Officer to be consistent with further service extensions of New Braunfels Utilities, provided that the extension does not extend beyond the property boundaries of the tract.
(9) SERVICE EXTENSION APPLICATION means a request in writing to New Braunfels Utilities for extension of water or wastewater service to a development.
(10) SERVICE EXTENSION CONTRACT means a legal document that defines the responsibilities and requirements of the entity requesting a service extension and New Braunfels Utilities with regard to the service extension. A service extension contract may be required at the sole discretion of New Braunfels Utilities.
(11) WATER OR WASTEWATER LINE means a necessary appurtenance to a water distribution or wastewater collection system. The term includes a valve, manhole, connection, air release, diversion, and other equipment necessary to make the water distribution or wastewater collection system operable in compliance with the design criteria and standards in the Water/Sewer Connection Policy Manual.
(12) NBU Standard Size means the size of water or wastewater main line needed to serve a particular development as determined by New Braunfels Utilities from time to time, set forth in Exhibit A attached to this policy.
(13) NBU means New Braunfels Utilities.
Section 1.03 SERVICE EXTENSION REQUIREMENTS AND APPLICATION
(A) The developer or property owner shall extend all water and wastewater lines and associated facilities needed to connect the development or land use with New Braunfels Utilities’ approved water distribution system and wastewater collection system. The developer or property owner shall extend all lines across the property currently being developed or to the point on such property from which such lines will be extended to serve adjoining land as determined by New Braunfels Utilities. NBU also as a condition of acceptance of water and wastewater lines may require conveyance of an easement across other contiguous property owned by the developer for purposes of future extension of the water or wastewater lines. All initial costs of installing such facilities, including the costs of oversizing, shall be borne by the developer or property owner, subject to reimbursement from proceeds of recoupment fees pursuant to Article II and subject to limitations provided in Section 2.03. Requests for extension of water and wastewater lines shall be as provided for in this section.
(B) A service extension application is required to:
(1) connect a tract of land to the existing New Braunfels Utilities system; or
(2) to provide utility service to a tract of land if an existing line or associated facility is unsuitable or insufficient to provide service to the tract.
(C) A developer or property owner must submit an application for a service extension to the Chief Executive Officer of New Braunfels Utilities.
(D) An application for a service extension must:
(1) include a general description of the location, size, and capacity of the service extension; and
(2) if outside the corporate limits of the City, be accompanied by an irrevocable petition to the City for voluntary annexation at such time and under such conditions as deemed appropriate by the City.
(E) If either water or wastewater service is to be provided by an entity other than New Braunfels Utilities, the application must be accompanied by evidence of a commitment from the other entity to provide the other required service. The evidence must be in the form of:
(1) a contract with the entity;
(2) a letter from the entity; or
(3) the minutes of the relevant meeting of the governing body of the entity.
Section 1.04 ADMINISTRATIVE APPROVAL OF A SERVICE EXTENSION APPLICATION
(A) The Chief Executive Officer of New Braunfels Utilities may approve an application or contract for a service extension if:
(1) the requested service extension does not include a request for establishment of recoupment fees or cost participation by New Braunfels Utilities; and
(2) the Chief Executive Officer of New Braunfels Utilities determines that sufficient capacity exists or will be available to meet the projected demands of the development or land use to be served.
(B) If a requested service extension includes a request for establishment of recoupment fees or cost participation by New Braunfels Utilities, or if the Chief Executive Officer of New Braunfels Utilities does not determine that sufficient capacity exists or will exist, the application must be processed under Sections 2.04 (Service Extension Contract Required) and 2.05 (Approval Process) and requires a service extension contract.
Section 1.05 APPROVAL OF IMPROVEMENTS
(A) After a service extension application or service extension contract has been approved, an applicant must submit the construction plans for needed improvements to the Chief Executive Officer of New Braunfels Utilities for review and approval of the size, capacity, and routing of the improvements.
(B) The Chief Executive Officer of New Braunfels Utilities may approve the size, capacity, or routing of an improvement only if it complies with generally accepted engineering practices, the Water/Sewer Connection Policy Manual and each applicable New Braunfels Utilities requirement.
(C) Water and wastewater lines shall be oversized where needed to provide capacity to other existing or new developments in the area to be served in order to avoid duplication of facilities, in conformity with New Braunfels Utilities’ generally accepted engineering practices.
(D) The location and size of all water and wastewater lines necessary to serve land to be developed shall be in accordance with New Braunfels Utilities’ generally accepted engineering practices and in accordance with the City’s subdivision regulations.
(E) When an existing water or wastewater line provides service to a proposed development, the developer shall pay all applicable recoupment fees pursuant to Article 2 for the water line or wastewater line before extension of or connection to such main is made.
Section 1.06 CONSTRUCTION OF IMPROVEMENTS
An applicant for a service extension shall provide information determined by the Chief Executive Officer of New Braunfels Utilities to be necessary to demonstrate that construction of the service extension complies with the requirements of New Braunfels Utilities.
Section 1.07 EXPIRATION OF SERVICE EXTENSION APPROVAL
(A) Unless extended under Subsection (B) or (C), the approval of a service extension application remains valid until the latest of:
(1) the date on which the preliminary plan expires for the property to be served by the service extension;
(2) the second anniversary of the date on which the service extension application was approved, if on or before that date:
(a) a preliminary plan for the property to be served has not been approved; and
(b) construction of the service extension has not begun; or
(3) the third anniversary of the date on which the service extension application was approved, if:
(a) on or before that date a preliminary plan for the property to be served has not been approved; and
(b) construction of the service extension began before the second anniversary of the date on which the service extension was approved, but on or before the third anniversary of that date, construction of the service extension has not been completed and accepted for operation and maintenance by New Braunfels Utilities.
(4) the date established in the service extension contract.
(B) If construction of a service extension begins before the approval ceases to be valid under Subsection (A), the Chief Executive Officer of New Braunfels Utilities may extend the approval of a service extension for the period of time estimated to be necessary to complete construction of the service extension.
(C) Under this section, if the approval of a service extension requires a service extension contract:
(1) construction of the service extension shall not begin until fiscal security is posted or money is deposited in compliance with Section 1.08; and
(2) the service extension approval is extended until construction of the service extension is complete and New Braunfels Utilities accepts the lines and associated facilities constructed under the contract.
(A) For construction contracts administered by New Braunfels Utilities, the fiscal security in an amount equal to 100 percent of the estimated cost of the service extension must be deposited in cash with New Braunfels Utilities prior to entering into a construction contract.
(B) For construction contracts administered by a party other than New Braunfels Utilities, the fiscal security must be posted prior to the execution of a construction contract and must be in the form of:
(1) an irrevocable letter of credit that has a minimum term of three years and is acceptable to New Braunfels Utilities; or
(2) a performance bond; or
(3) a cash deposit.
(A) New Braunfels Utilities may, at its expense and in its sole discretion, upon written request of a property owner, extend a water or wastewater line of a size determined by New Braunfels Utilities to serve a single dwelling unit if funds are available to pay the cost of installing the line and the extension meets the standards in subsection (B).
(B) The person requesting the extension must demonstrate that (1) a substantial hardship would result if the extension is not made, (2) denial of the extension would result in potential water quality degradation, and (3) the extension is necessary to provide like benefits to similarly served property. New Braunfels Utilities may require that the property owner making the request share in the costs of extending the water or wastewater line, and that the property owner grants all necessary easements to continue line extensions to serve adjoining land.
(C) This policy has no application to circumstances in which multiple connections are requested or necessary to serve existing or proposed development, or in which New Braunfels Utilities determines to initiate construction of a water or wastewater line or associated facility that serves multiple users. This policy may not be invoked to finance serial connections to lots in an existing subdivision.