HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - ITEMS RELATED TO COMMON PRIVATE SERVICE LINES FORAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY May 6, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Roger Buffington, Water Utility Development Review Manager
SUBJECT
Items Related to Common Private Service Lines for Water and Wastewater Service.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 069, 2014, Amending Article III of Chapter 26 of the City Code to Allow
Common Private Service Lines for Water Service in Certain Circumstances.
B. First Reading of Ordinance No. 070, 2014, Amending Article IV of Chapter 26 of the City Code to Allow
Common Private Service Lines for Wastewater Service in Certain Circumstances.
The purpose of this item is to amend Chapter 26 of the City Code to revise the requirements for how separate
water and sewer services are provided to individual properties.
The City Code currently requires each individual single family dwelling to connect directly to a City water or
sewer main. Current high density development practices can create situations of multiple long service lines
underground congesting the provided easements through the entire green space of a property and impacting
the ability to plant trees or install other surface features. Ordinance No. 069, 2014, would allow for a “Common
Private Water Service Line” that is owned and maintained by a homeowner’s association, or other legal entity,
and serve up to 6 individual properties. Ordinance No. 070, 2014, would allow for a “Common Private
Wastewater Service Line” that is owned and maintained by a homeowner’s association, or other legal entity,
and serve up to 6 individual properties.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Code presently requires that each building have separate water and sewer services. For
developments with higher densities such as townhome or condominium buildings in which each unit is owned
by a separate entity, this requirement creates extremely congested “utility corridors”.
The extension of a City-owned service line is an option, but would require an easement dedication to the City
and could add a significant of difficult to access infrastructure to the City system.
It is not uncommon in current national development practices for a common legal entity, such as a home
owner’s association, to take on the responsibility for commonly owned infrastructure that benefits its members.
Therefore, the preferred alternative requested by most developers in recent years is to modify Chapter 26 of
the City Code to include the following exception for water and sewer service:
Agenda Item 12
Item # 12 Page 2
Notwithstanding the provisions requiring individual service lines for each building, the Utilities
Executive Director may, after review and approval of the related plans and specifications,
authorize the service of more than one (1) property by a single service line, provided that each of
the following requirements is met:
1. The properties are single-family attached dwellings on separate platted lots as defined in
the Land Use Code.
2. The combined water use of the properties shall not exceed the capacity of the common
private service line.
3. No more than six (6) single-family attached dwellings shall be connected to a common
private service line.
4. The common private service line shall include a separate branch line to each single-family
attached property that includes a curb stop meeting the requirements in the City
Development Construction Standards. These private service curb stops must be exterior
to the dwellings, within a utility easement and readily accessible and operable by City
personnel. The private service curb stop shall be the City’s control point for that single-
family attached dwelling.
5. The common private service line beyond the City curb stop and all branch service lines
including the private service curb stops shall be owned and maintained by a legal entity
representing all of owners of the properties served by the common private service line,
such as a homeowner’s association.
6. A written declaration of covenants in a form satisfactory to Utilities shall be recorded
against the title to each and every property served by a common private service line
imposing responsibility for operation, maintenance, repair and replacement of the common
private service line and establishing the right of the City to recover any costs incurred by
the City in the event of a failure by the responsible parties to carry out those obligations.
FINANCIAL / ECONOMIC IMPACTS
The proposed changes to the City Code would provide an option for water and sewer service to high density
individually owned properties. The City would still development fees, such as plant investment fees,
commensurate with the service provided. In addition, this option would reduce the amount of small individual
service infrastructure required for the development.
ENVIRONMENTAL IMPACTS
This revision to the City Code would help maintain the longevity of the street improvements in the
neighborhoods as well as reducing the constraints on vegetation plantings by shrinking the area taken up by
multiple underground utilities.
BOARD / COMMISSION RECOMMENDATION
At its April 17, 2014 meeting, the Water Board expressed unanimous support for the change.
PUBLIC OUTREACH
During the past several years, the Water Utility has received a number of requests and input from developers,
property owners, and contractors through the Conceptual Review process and other contacts requesting
alternative development construction standards that address this issue. This proposal is in response to this
public request and interest.
ATTACHMENTS
1. Water Board Minutes, April 17, 2014 (draft) (DOCX)
Excerpt from Unapproved Water Board Minutes, April 17, 2014
1
Code Change to Allow Private Common Service Lines for Water and Wastewater
(Attachments available upon request).
Water Engineering and Field Services Operations Manager Jon Haukaas presented information
on this item. Staff recommends amending Chapter 26 of the City Code to revise the requirements
for how separate water and sewer services are provided to individual properties. The current
code requires individual service lines for each building. The proposed change would allow for a
“Common Private Service Line” that would be owned and maintained by a Homeowner’s
Association (HOA) and could serve up to 6 individual properties.
Mr. Haukaas showed diagrams for the different options:
Multiple service lines as currently defined in the City Code
Extension of City-Owned Mains
“Common Private Service Lines” owned and maintained by a common legal entity such
as a HOA
Proposed Code Language
Change the conditions under which the Executive Director may authorize multiple services:
City separation valve at the right of way line
Limit of 6 single family attached dwellings
Separate shut off valves outside (curb stops)
The common private service line beyond the City curb stop and all branch service lines
including the private service curb stops shall be owned and maintained by the HOA.
Staff supports this proposed code change, especially with the increase of higher-density
developments in Fort Collins.
Highlights from the discussion:
A board member inquired if staff has considered line diameter and length and the impact
of residual chlorine. Mr. Haukaas stated this can be designed for based on the number of
service lines required.
A board member inquired about the conversion of an apartment building to condos and
the potential change to the infrastructure. Mr. Haukaas referred to City Code Section 26-
94 requiring individual service lines for each building. No subsequent division of
ownership shall be permitted until separate service lines have been installed to each
building.
A board member inquired about the typical number of service lines in Fort Collins. Mr.
Haukaas stated this is typically driven by the lot size.
A board member inquired about the possibility of using this approach for detached
dwellings. Mr. Haukaas stated this would require additional land-use controls.
A board member inquired about the advantage of increasing the number from 6 to 8
individual properties. Mr. Haukaas stated staff feels 6 is a manageable number.
A board member inquired how HOAs deal with failures. Mr. Haukaas stated HOA
management has to make decisions regarding this in each particular situation. Annual
HOA dues can cover this type of event, or a special assessment may be required.
Excerpt from Unapproved Water Board Minutes, April 17, 2014
2
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Eccleston moved that the Water Board recommend that City Council
approve an ordinance amending Chapter 26 of the City Code to revise the requirements
for how separate water and sewer services are provided to individual properties. Board
Member Ortman seconded the motion.
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ORDINANCE NO. 069, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 26 OF THE CODE OF THE
CITY OF FORT COLLINS TO ALLOW COMMON PRIVATE SERVICE LINES
FOR WATER SERVICE IN CERTAIN CIRCUMSTANCES
WHEREAS, Article III of Chapter 26 of the Code of the City of Fort Collins (“City
Code”) governs the requirements and conditions for water service from the City’s Wastewater
Utility; and
WHEREAS, Section 26-94 of the City Code requires that each residential service
property have an individual service line attached to a City main; and
WHEREAS, in certain conditions, the allowance of a shared private service line to serve
multiple residential properties is beneficial in order to reduce underground congestion of service
lines and to facilitate the planting of trees and other landscaping in green spaces above the
service lines; and
WHEREAS, City staff has developed certain conditions intended to protect the City and
ensure ongoing operation and maintenance of common private service lines, as described below,
including revisions to Section 26-94 and other related City Code provisions; and
WHEREAS, the Water Board considered the proposed amendment of the City Code to
allow common private service lines on April 17, 2014, and voted unanimously to recommend
approval of such an amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-94 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (c) which reads in its entirety as follows:
Sec. 26-94. Individual service lines for each building required.
(c) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities
Executive Director may, after review and approval of the related plans and specifications,
authorize the service of more than one (1) property by a single, common, private water
service line, provided that:
(1) The properties to be served by the line must be single-family attached
dwellings on separate platted lots as defined in the Land Use Code.
(2) The combined water use of the properties may not exceed the capacity of
the line.
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(3) No more than six (6) single-family attached dwellings may be connected
to a line.
(4) The line must include a separate branch line to each single-family attached
property, and each branch line must include a curb stop that meets the
requirements of the City Development Construction Standards. These private
service curb stops must be exterior to the dwellings, within a utility easement that
has been conveyed to the City, and readily accessible and operable by City
personnel. The private service curb stop shall be the City’s control point for that
single-family attached dwelling.
(5) The line beyond the City curb stop and all branch service lines including
the private service curb stops must be owned, operated, maintained, repaired and
replaced, as needed, by a legal entity representing all of the owners of the
properties served by the line.
(6) A written declaration of covenants in a form satisfactory to the Utilities
Executive Director must be recorded against the title to each and every property
served by a common private sewer service line imposing upon said property the
responsibility for operation, maintenance, repair and replacement of the line, and
establishing the right of the City to recover any costs incurred by the City in the
event of a failure to satisfactorily complete any such operation, maintenance,
repair or replacement of the line.
If the Utilities Executive Director determines that the foregoing criteria have been met, a
written permit shall be granted, which permit shall contain a listing of the foregoing
requirements as a condition of continued service hereunder and specific reference to
Subsection (c)(6) of this Section imposing shared responsibility for operation,
maintenance, repair and replacement of the common private service line shall be signed
by the Utilities Executive Director, and shall be duly recorded at the office of the County
Clerk and Recorder.
Section 2. That Section 26-95 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-95. Installation and maintenance of service lines; user responsibilities;
liability.
(a) Installation. All costs and expenses incidental to the installation and connection of
a water service line, including but not limited to a common private water service line,
shall be borne by the applicant for a water service permit who shall retain or employ a
licensed contractor or plumber to install a service line. For the installation of that portion
of theany service line within the public right-of-way or street, the contractor or plumber
shall also be licensed by the City under Article XI of this Chapter. The utility may install
the portion of the service line from the main to the curb stop upon payment of a tap
charge by the applicant. The applicant is responsible for restoring streets, sidewalks,
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parkways and other property disturbed in the course of the work to acceptable City
standards after the connection is made.
. . .
(c) Liability. The City is not responsible for any loss or damage caused by negligence
or want of care on the part of the owner or the contractor or agent in installing,
maintaining, using or operating private service lines and private water pipes, apparatus,
appliances or fixtures, including, but not limited to, any common private water service
line. The owner of, and owner of property served by, such lines, pipes, apparatus,
appliances or fixtures, shall hold the City harmless from any loss or damage that may
directly or indirectly be occasioned by the installation or malfunction of any private
service line or apparatus. The owner is responsible for the costs of repairing or replacing
adjacent sidewalks, curbs and gutters, and other public infrastructure, damaged by the
settling of service line trenches within such owner's property. The owner of, and owner
of property served by, a common private water service line is responsible for the costs of
repairing or replacing adjacent sidewalks, curbs and gutters, and other public
infrastructure damaged by the settling of any trench of such common private water
service line.
(d) Permission required. No alteration of, addition to or disconnection from any
waterpipes or apparatus of the City water system, and no alteration of, addition to, or
disconnection from any common private water service line connected to the City water
system, shall be made without prior written permission of the Utilities Executive
Director.
. . .
Section 3. That Section 26-96 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-96. Maintenance responsibility of utility.
The utility shall maintain all public water facilities and mains, public service lines, fire
hydrants, other public system appurtenances and water meters. However, if the portion of
the service line in use between the water main and the curb stop is made of materials
other than copper or ductile iron, then the entire service line will be deemed to be a
private main of the premises serviced by the line and the City will not be responsible for
any part of its maintenance until such time as the line is replaced with conforming
materials pursuant to Subsection 26-97(a) and any regulations promulgated thereunder.
The utility is not responsible for maintenance of common private water service lines.
Section 4. That Section 26-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 26-97. Water service lines; general regulations.
(a) Specifications, design and construction. The design, number, location, depth and
size of all service lines, including but not limited to common private water service lines,
shall be subject to the approval of the Utilities Executive Director. The size, depth,
alignment and materials of construction of a such service line and the methods to be used
in excavating, placing of the pipe, jointing and testing and backfilling the trench and all
other work shall conform to the Water Utilities Development Construction Standards
adopted pursuant to § 26-29 and the requirements of the building and plumbing codes or
other applicable codes, laws, rules and regulations of federal, state and local entities. In
the event of a conflict, the Water Utilities Development Construction Standards shall
control. All work concerning the installation or repair of service lines and their
appurtenances, including but not limited to any common private water service line, is
subject to inspection by the City.
(b) Connection specifications. The connection of the service line to the public water
system, or to a common private water service line, shall conform to the specifications and
regulations of the City, including, but not limited to the Water Utilities Development
Construction Standards adopted pursuant to § 26-29, and shall only be made by or under
the supervision of the Utilities Executive Director. All such connections shall be made
watertight.
(c) Materials. In the case where the service line between the water main and the
premises has been deemed a private main because it is made of materials other than
ductile iron or copper, it shall be replaced by copper or ductile iron lines at the expense of
the user when in the opinion of the Utilities Executive Director such line has become so
disintegrated as to be unfit for further use. Once such a line has been replaced with the
required materials, it becomes part of the water utility and the utility will assume the
maintenance of the service line between the water main and the curb stop the same as for
any public service line. This provision shall not apply to a common private water service
line.
Introduced, considered favorably on first reading, and ordered published this 6th day of
May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 070, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 26 OF THE CODE OF THE
CITY OF FORT COLLINS TO ALLOW COMMON PRIVATE SERVICE LINES
FOR WASTEWATER SERVICE IN CERTAIN CIRCUMSTANCES
WHEREAS, Article IV of Chapter 26 of the Code of the City of Fort Collins (“City
Code”) governs the requirements and conditions for wastewater service from the City’s
Wastewater Utility; and
WHEREAS, Section 26-256 of the City Code requires that each residential service
property have an individual service line attached to a City main; and
WHEREAS, in certain conditions, the allowance of a shared private service line to serve
multiple residential properties is beneficial in order to reduce underground congestion of service
lines and to facilitate the planting of trees and other landscaping in green spaces above the
service lines; and
WHEREAS, City staff has developed certain conditions intended to protect the City and
ensure ongoing operation and maintenance of common private service lines, as described below;
and
WHEREAS, the Water Board considered the proposed amendment of the City Code to
allow common private service lines on April 17, 2014, and voted unanimously to recommend
approval of such an amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 26-256 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Subsection (c) which reads in its entirety as follows:
Sec. 26-256. Individual service lines for each building required.
. . .
(c) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities
Executive Director may, after review and approval of the related plans and specifications,
authorize the service of more than one (1) property by a single, common, private sewer
service line, provided that:
(1) The properties to be served by the line must be single-family attached
dwellings on separate platted lots as defined in the Land Use Code.
(2) The combined wastewater flow from the properties may not exceed the
capacity of the line.
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(3) No more than six (6) single-family attached dwellings may be connected
to the line.
(4) The line must include a separate branch line to each single-family attached
property, and each branch line must include a clean-out that meets the
requirements of the City Plumbing Code.
(5) The line connecting to the City sewer main and all branch service lines
must be owned, operated, maintained, repaired and replaced, as needed, by a legal
entity representing all of the owners of the properties served by the line.
(6) A written declaration of covenants in a form satisfactory to the Utilities
Executive Director must be recorded against the title to each and every property
served by a common private sewer service line imposing upon said property the
responsibility for operation, maintenance, repair and replacement of the line, and
establishing the right of the City to recover any costs incurred by the City in the
event of a failure to satisfactorily complete any such operation, maintenance,
repair or replacement of the line.
If the Utilities Executive Director determines that the foregoing criteria have been met, a
written permit shall be granted, which permit shall contain a listing of the foregoing
requirements as a condition of continued service hereunder and specific reference to
Subsection (c)(6) of this Section imposing shared responsibility for operation,
maintenance, repair and replacement of the common private service line shall be signed
by the Utilities Executive Director, and shall be duly recorded at the office of the County
Clerk and Recorder.
Introduced, considered favorably on first reading, and ordered published this 6th day of
May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk