Article 5 – Service Applicatiions and Permits

5.0  ARTICLE 5 – SERVICE APPLICATIONS AND PERMITS

5-1 PERMIT REQUIRED; APPLICATION: No person shall cause or permit any connection to any District facility without first obtaining a Tap Permit therefor as provided in this Article 5. Any person who desires to obtain new service to property within the District shall make written application therefor at the office of the District upon such forms as may be prescribed and furnished by the District. Such person shall also furnish such additional information about the premises as may be required by the District to calculate the estimated demand of such premises upon the District System. The District will not issue any certificate or other evidence of water availability to any property in lieu of a Tap Permit for that property.

5-2 APPROVAL STANDARDS; REVOCATION:

5-2-1 Approval Standards. Upon a determination that all of the following conditions exist or have been met with respect to the application, the District shall issue its Tap Permit for the service requested:

A. The written application and information submitted therewith is accurate, complete, and proper as to form.

B. The person making application has the authority or consent to do so from the Property Owner.

C. All applicable fees and charges imposed by or through the District are paid at the time of application.

D. The property proposed for service is within the legal boundaries of the District and the area authorized for service under the agreement with Lafayette.

E. The Main on which the Tap will be made has been accepted by the District and all conditions necessary under Article 6 for Conditional Acceptance of District facilities used or useful to serve the Tap exist at the time application for service is made. Prior acceptance of such facilities by the District does not conclusively establish that this requirement is met.

F. The District system and the Lafayette transmission and treatment facilities are adequate to serve the proposed Tap.

5-2-2 Conformity with District Standards. Notwithstanding any other provision of these Rules and Regulations to the contrary, the District may terminate or withhold Tap Permits or approvals for service from any facilities, public or private, which do not conform to District or Lafayette Utility Ordinances, or Standards and Specifications.

5-2-3 Revocation. The District may revoke any Tap Permit, before or after the Tap is activated, upon a determination that the application therefor contained false or inaccurate information and, but for such misinformation, the application would have been denied when made.

5-2-4 Expiration: Obtaining a Tap Permit from the District does not obligate the Property Owner to activate the Tap.

5-4 NON-TRANSFERABILITY OF TAP PERMIT: Each Tap Permit applies only to the premises identified thereon and is not deemed in any sense to be personal property. No Tap Permit may be transferred from one premise to another without the approval of the District, but a Tap Permit shall be deemed to follow any transfer or sale of the fee ownership of the Permitted Premises.

5-5 MULTIPLE TAPS PROHIBITED: Not more than one separately described parcel of land shall be served by any single Tap, but this provision shall not be construed to require owners of separate condominium units within any one building or group of buildings in the same condominium development to obtain their own separate Taps if the Tap for the entire building or project is of adequate size and is in the name of the owners' association. In the event of a subdivision, sale, or transfer of any part or parts of any separately described parcel of land served by a single Tap, the owner of that part of the Permitted Premises closest to the Tap, following the route taken by the service line, shall be entitled to keep the original Tap, and the owner of each other part shall be required at his sole expense to obtain a new and separate Tap for his part of the property under this Article 5. If there are improvements upon his part of the property which were served by the Tap at the time of the subdivision, sale, or transfer, he shall do so within 30 days of the date of such subdivision, sale or transfer. Any violation of this section shall be deemed an unauthorized Tap or connection to the District System.

5-6 INSTALLATION STANDARDS: Property Owner shall make the Tap at his sole cost according to the conditions of Section 3-1 and subject to the following:

5-6-1 Inspection. No Tap shall be activated until the District has issued a Tap Permit for the premises, and the Tap has been inspected and approved by the District. Property Owner shall notify the District not less than two business days before making a Tap and shall set a time for the District's inspection thereof.

5-6-2 Record Drawing. Property Owner shall supply the District with a record drawing conforming to the District's standards within two weeks after the Tap has been completed, showing the location of the Tap and the service line. This requirement may be waived by the District when an existing service line is used, and the Property Owner has no knowledge of the service line’s location.

5-6-3 Cure of Defects. The Property Owner shall, at his sole cost, correct, repair or replace any part or parts of any work performed during installation of a tap which the District reasonably determines were not constructed in conformity with these Rules and Regulations, approved plans, construction notes or specifications, or which the District determines to be defective, of poor or un-workmanlike quality, or otherwise not in conformity with any applicable warranty. Cure of defects by Property Owner shall be administered and enforced under the Rules set forth in the System Specifications and Article 7 of these Rules and Regulations.

5-7 TAP SIZING; DEMAND CHANGES:

5-7-1 Sizing. The size of the Tap will be ¾". Requests for other sizes may be made by petition to the District. These requests will be considered on an individual basis and may be approved or denied by the District.

5-7-2 Demand Changes. Before the effective date of any change in the use of any Permitted Premises which materially increases the water demand, the owner of such premises shall notify the District. Any increase in the System Development Charge for the Permitted Premises shall be determined in accordance with Article 7.

5-8 VOLUNTARY DISCONNECTION: Any Property Owner desiring to have water service disconnected shall notify the District office a minimum of two business days in advance of the date of disconnection. Property Owner shall arrange to have the District close the valve at the meter location. From and after the effective date of disconnection, the District shall/shall not assess that component of the service charges based on water usage for the property so disconnected, but this shall not relieve the property from liability for non-usage-based service charges, or for District tax levies upon the assessed valuation of the property. No refund shall be made of any previously paid System Development Charge. Any reinstatement of a service disconnected pursuant to this Section shall be treated as an application for new service, except that credit shall be allowed for any Tap Fee previously paid for service at the premises.

5-9 TAP ALLOCATIONS: Taps are allocated to the District by Lafayette, and such allocations are subject to the provisions of the current agreement between the District and Lafayette. Subject to the foregoing and to any other applicable provisions of the said agreement, the District's allocation of Taps from Lafayette shall be allocated and sold within the District on a first come, first served basis.

5-10 EXTRA-TERRITORIAL SERVICE: Nothing in these Rules and Regulations shall limit the District's ability to provide services outside its legal boundaries under such terms and conditions as the Board may determine. Any such service shall be rendered only as permitted by agreement with Lafayette and by written contract approved by the Board. No such contract, however, or the services rendered pursuant thereto shall be construed to impose upon the District any obligation to provide other service outside of its legal boundaries, nor shall the existence of such contract or the services rendered in connection therewith constitute an offer by the District to serve outside of its boundaries generally.