§ 154-67. Authority to design, install, extend and inspect water pipes and mains and to charge the cost thereof to property owners, developers or contractors; authority to approve the design and installation of water pipes and mains by private developers and authority to charge inspection and other fees.

(a)

Generally. The commissioner is authorized to design, install, extend and inspect water pipes and water mains to promote the efficient operation of the city water system. The commissioner is authorized to allow private developers the opportunity to design and install water mains and pipes to supply water service to private development according to the regulations and criteria of the department of watershed management.

(b)

Charges. The commissioner is authorized to assess fees and charge for the costs of such work.

(1)

Application for installation by the department of watershed management.

a.

Any person desiring the construction of a water main or the construction or relocation of a fire hydrant by the department of watershed management shall contact the application coordinator for the department of watershed management and make such request according to the prescribed guidelines.

b.

A fee of $2,000.00, due at the time of application, shall be charged to all developers, contractors or property owners who apply for the city to install, extend, relocate or abandon water mains. This fee is non-refundable except as set forth in subsection (d) and is applied to cover the city's engineering costs in the event that the project set forth in the application is not completed. For applications to abandon water meters, the fee shall be $1,000.00.

c.

A fee of $1,000.00, due at the time of application, shall be charged to all developers, contractors or property owners who apply for the city to install, relocate or abandon fire hydrants. This fee is non-refundable except as set forth in subsection (d) and is applied to cover the city's engineering costs in the event that the project set forth in the application is not completed. For applications to abandon water meters, the fee shall be $1,000.00.

d.

If after the prepayment has been made the applicant wishes to cancel the application, the applicant must notify the application coordinator in writing and request a partial refund. The following refund schedule shall apply:

1.

Seventy-five percent of the prepayment shall be refunded if notification of cancellation is received within one week of the application date.

2.

Fifty percent of the prepayment shall be refunded if notification of cancellation is received within two weeks of the application date.

3.

Twenty-five percent of the prepayment shall be refunded if notification of cancellation is received within three weeks of the application date.

4.

No refund shall be made if notification is received three weeks after the application date.

(2)

Design and installation. A fee of ten percent of the total calculated construction cost of water mains and fire hydrants will be charged to all developers, contractors or property owners to cover the expenses incurred by the city for engineering design, chlorination and construction inspection. Any prepayment shall be credited toward such fee. If the calculated construction cost is less than the prepayment, the difference shall be refunded.

(3)

Authorization of construction. Upon completion of the engineering design by the city, the application coordinator shall notify the applicant as to the calculated construction cost. Upon receipt of payment the application coordinator shall pursue all actions that may be necessary and proper to legally authorize construction of the facilities.

(4)

Expiration of application.

a.

If within three months of notification by the application coordinator the applicant has not made payment as stipulated in subsection (b)(1)b of this section, the application shall be considered inactive. The file will be closed and removed from current records.

b.

If an applicant wishes to reactivate an inactive application, the applicant must first consult with the department of watershed management to determine if the previous design is still valid. If the existing design is still valid, the applicant may make payment and the authorization process shall proceed as outlined in subsection (a) of this subsection (b)(2) of this section. If the previous design is no longer valid, the applicant may reapply and begin the process again or the applicant may request a revision and the process will proceed as outlined in subsection (b)(5) of this section.

c.

An inactive and closed application cannot be reactivated. If an applicant desires further action after an application has been closed, the applicant must reapply.

(5)

Revisions.

a.

If, after notification by the application coordinator as to the calculated construction cost, the applicant wishes to revise or otherwise change the details or the scope of the application, the applicant must request a revision.

b.

When a request for revision has been received, the design shall be revised to reflect the new information. The construction cost shall be recalculated but shall include an additional fee of three percent of the revised construction cost to cover the expenses incurred in the revision process.

c.

When the revision process is complete, the application coordinator shall notify the applicant of the revised cost. When payment is made the process shall continue as outlined in subsection (b)(3) of this section.

d.

No application may be revised more than once. If the applicant wishes a second revision, a new application must be made and the process shall begin anew.

(6)

Private developer installation. The commissioner or his/her designee is authorized to charge a private developer, who designs and installs a water main, a fee for reviewing, inspection and chlorination of water mains according to the established fee schedule.

a.

Any developer desiring to design, install and construct a water main shall contact the department of watershed management and make such request according to the prescribed guidelines.

b.

A nonrefundable fee, as set forth in section 154-67.1, is payable at the time of application to cover the initial review, prior to the determination of the total cost for design review, inspection, testing, chlorination, and engineering and documentation, which is determined according to the rate schedule in said code section.

c.

After determination of the total cost for design review, inspection, testing, chlorination, and engineering & documentation, as set forth in section 154-67.1, the department shall notify the applicant of the amount and set forth the scope of any revisions necessary for a completed engineering design to be presented at the pre-construction conference. At a pre-construction conference, the applicant shall present a completed engineering design signed by a professional engineer licensed by the State of Georgia and pay the balance of the fee. If after payment of the balance of the fee, the applicant requests a refund in writing, such refund will be provided less any cost incurred by the city. The final approval of the design and authorization of construction are governed by subsection (7).

(7)

Authorization of construction. Upon completion of the engineering design by licensed professional engineers, the developers, contractors or property owners shall forward a copy of the completed design to the department of watershed management.

a.

The completed design must be prepared by a professional engineer licensed in the State of Georgia and contain complete drawing(s), or plat(s), showing street elevations and proposed meter locations.

b.

The department of watershed management shall review and approve the design.

c.

Upon approval of the design, the department of watershed management shall notify the applicant and authorize construction. If the design is not approved the developer shall have 30 days from the date the city mails the nonapproval notice to submit a revised design.

(8)

Expiration of application.

a.

If within three months of payment of the nonrefundable application fee, the department of watershed management has not received the design, the application shall be considered inactive.

b.

If an applicant wishes to reactivate an inactive application, the applicant must first send a written request to the department of watershed management. The department of watershed management shall determine if the previous design is still valid. If the existing design is still valid, the applicant may make payment and the authorization process shall proceed as outlined in subsection (b)(3) of this section. If the previous design is no longer valid, the applicant may reapply and begin the process again or the applicant may request a revision and the process will proceed as outlined in this section.

c.

If within 90 days the applicant has neither submitted a design nor requested a revision, the written request and/or application shall be considered inactive and closed and shall be removed from the current records. An inactive and closed request cannot be reactivated. If an applicant desires further action after a request has been closed, the applicant must reapply as stipulated under this subsection.

(9)

Revisions.

a.

If the applicant wishes to revise or otherwise change the details or the scope of the application, the applicant must write the department of watershed management and inform it of need for a revision.

b.

When a request for revision has been received, the design shall be revised to reflect the new information. The cost shall be recalculated but shall include an additional fee of three percent to cover the expenses incurred in the revision process. The revised design must be submitted within 30 days of the request for revision.

c.

The department of watershed management shall notify the applicant of the revised fees or costs. The applicant shall have ten days to pay any revised fees or costs. When payment is made the process shall continue as outlined in this section.

(c)

All permit fees for easements, boring and casing, and tapping fees must be obtained and/or paid by the developer prior to installation of water main.

(d)

The developer will maintain and be responsible for all construction and repairs to the water main and all damages, injuries, costs, loss claims and actions caused by the water main for a period of 12 months after release of the water main by the department personnel for water service. During the 12-month period, any water service received through said water main will be subject to all laws, rules and regulations and water rates set by the city council. After the 12-month period of time, the water main and all appurtenances will belong exclusively to the City of Atlanta Department of Watershed Management.

(e)

The developer will sign any necessary documents to create or effectuate any easements, rights of entry or rights-of-way.

(f)

Neither the city nor the contractor will be responsible for any failure due to delay in laying the water main caused by labor shortage, delay in securing materials, act of God or war or any other known or unknown, anticipated or unanticipated, foreseen or unforeseen causes or reasons.

(Code 1977, § 9-4008; Ord. No. 1996-22, 5-28-96; Ord. No. 1998-87, § 17, 12-10-98; Ord. No. 2005-01, §§ 7—10, 1-10-05; Ord. No. 2006-53, § 24, 8-29-06)

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