Encinitas Municipal Code Art. 26 Extension of District Lines

District lines shall be extended at the request of a property owner upon payment by the property owner of the full cost thereof. The Board shall determine the cost thereof, and each property owner fronting or using the extension shall pay the District his or her proportionate share before the extension is started. If one or more property owners refuses to pay his or her proportionate share and another property owner pays that share, the District may enter into a reimbursement contract, upon such terms as may be established by the Board, to reimburse the property owner who advanced the funds.

(Res. No. 2020-02, adopted 5/20/20)

The District shall not finance the construction of any lines, except those set forth in the District’s Master Plan. Such construction is subject to the availability of District funds and other needs of the District as determined by the Board.

(Res. No. 2020-02, adopted 5/20/20)

Lines and facilities installed by a developer within a subdivision will be accepted by the District as part of its system provided that plans for the system are prepared by a licensed engineer and approved in advance by the District. Before a letter or report will be given to the Division of Real Estate, the developer must agree in writing to install such facilities and such agreement must be secured by an approved surety bond. A developer must grant to the District any easements that the District requires for the location of proposed water facilities.

(Res. No. 2020-02, adopted 5/20/20)

The District has a master set of specifications for the construction of lines, services and valves. All facilities that are to become the property of the District must be installed in accordance with the District’s specifications. A copy of the specifications may be purchased from the District at a cost in an amount determined by the District.

(Res. No. 2020-02, adopted 5/20/20)

The District may charge the following fees and deposits in amounts determined by the District and set forth in Appendix B (Engineering Fees):

A plan checking fee plus labor costs.

A deposit for inspection of a project of 500 feet or less of main line pipe shall be made.

A per-foot deposit for pipe to be installed for jobs greater than 500 feet will be made. The charge for providing a hydraulic analysis shall be at a cost to the developer plus 15%, with a minimum of $500.00.

An additional deposit is required for each connection to the existing system.

A plan checking fee shall be charged for parcel maps or miscellaneous work.

(Res. No. 2020-02, adopted 5/20/20)

Prior to the District submitting a water availability letter to the Department of Health, the proposed tentative parcel map for the subdivision or lot split must be submitted to the District for review, along with the appropriate fee as established by the District.

(Res. No. 2020-02, adopted 5/20/20)

When notified by county or city of vacation of a street or highway, the staff shall reply that an easement is required if a pipeline exists or has been planned to be installed in the street to be vacated.

(Res. No. 2020-02, adopted 5/20/20)

When an encroachment on a District easement is discovered or requested, the District will evaluate the potential impact including, but not limited to, the following factors:

(1) Size and depth of the District’s water and/or sewer pipeline within the easement.

(2) Water pipeline pressure.

(3) Number of customers served by the pipeline or facility.

(4) Cost of immediate removal of an encroachment versus the District’s need for access.

(5) Potential for interference with existing or future facilities and District’s access for maintenance, operation, or replacement.

Any existing encroachment that inhibits the District’s use of its easement, as determined upon evaluation by the District, shall be removed at the expense of the property owner.

If an encroachment upon the District’s easement is to be permitted, the property owner shall enter into a District standard “Consent and Agreement Regarding Use of Easement” document with the District, which contains such safeguards as deemed necessary and appropriate to protect the District’s access to its facilities within the easement. The agreement shall be recorded against the owner’s property.

A processing fee, in an amount established by the District, must be paid to the District to cover staff and administrative processing of the encroachment request. The owner must submit proof of property ownership and existence of the District easement, the legal description of the property, plus the recording date (date, book and page number) of easement at issue.

(Res. No. 2020-02, adopted 5/20/20)