§ 3.10. Extensions of Water and Sewer Mains

A.

Applicability in the City of Cibolo Extra-Territorial Jurisdiction (ETJ)

1.

Application Required.

When a property owner requests the extension of water or wastewater services from the City into the Cibolo ETJ for the purpose of providing utilities to a development project, said request shall only be considered by the City in conjunction with a development application and concurrent request for voluntary annexation into the City. Development applications must be prepared in accordance with all requirements of this UDC and must be consistent with the capacity of the facilities proposed to be extended. Upon approval of the development applications, construction of utility facilities shall be completed in accordance with the terms of the approved utility service extension request and this UDC.

2.

Decision by City Council.

In considering the concurrent requests for a service extension and voluntary annexation, the City may, at its option, elect to annex the property upon request or delay the annexation until such time the City deems necessary to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

B.

Applicability in the City of Cibolo

1.

Application Required

Any application for Utility Service Extension shall be accompanied by a Development Application, as may be applicable.

2.

Accompanying Applications

An application for Utility Service Extension may be accompanied by a concurrent application for a Preliminary Plat or site plan, in accordance with this UDC. A plat or site plan may not be approved until final approval of the Utility Service Extension by the City Council.

3.

Processing of Application and Decision

a)

Submittal

A request for Utility Service Extension shall be submitted to the City Engineer. The City Engineer shall review the application for completeness in accordance with all requirements this UDC.

b)

Review and Processing of Request

The City Engineer shall circulate the application among applicable City Departments for review and recommendation. The City Engineer shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded to the City Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension.

c)

Decision by City Council

The City Council shall receive the written recommendation of the City Engineer and shall decide whether to approve, approve with conditions, or deny the request for Utility Service Extension.

4.

Criteria for Approval

The City Council, in considering final action on a request for Utility Service Extension, should consider the following criteria:

a)

The proposed development to be served is consistent with the Comprehensive Master Plan;

b)

The proposed extension must be constructed in accordance with all applicable City requirements;

c)

Would the utility extension compromise the ability of the City to provide adequate and timely water or wastewater facilities to property inside the City;

d)

Would a utility extension result in premature development that cannot be served efficiently by the City;

e)

Would the utility extension be financially feasible given the proposed means of financing the extension;

f)

Would a utility extension lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may be served through the extended facilities;

g)

Does the property owner propose to extend non-City utilities to serve the property; and

h)

Would the proposed agreement promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

5.

Required Extensions

a)

All developments shall be required to extend water and sanitary sewer mains across the full width of the development, as defined by the plat or lot of record or the site plan in which development is proposed, in such an alignment to allow for the extension of services to adjoining properties in accordance with the utility service plans of the city and the Cibolo Design and Construction Manual.

b)

Properties with existing water and/or sanitary sewer service shall not be required to install additional facilities unless the existing lines do not have adequate capacity to serve the proposed development or unless the existing lines do not have adequate capacity to serve the zoning of a property that was rezoned to accommodate higher intensity uses after the original installation of a water or sewer line. In either instance, the developer shall be required to provide additional water and/or sewer capacity necessary to meet the requirements of this UDC and the Cibolo Design and Construction Manual.

6.

Cost Policies to New Subdivisions and New Development

a)

Development Main and Facilities

Developers, including individuals, subdividers, shall be responsible for actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development in accordance with the Cibolo Capital Improvements Program and Cibolo Design and Construction Manual.

b)

Oversized Mains

The City shall participate in the oversizing of water and sewer mains subject to the availability of funds and approval by City Council. Oversized mains are defined as water mains and sanitary sewer mains that are required by the City for the future expansion of the utility system but which additional capacity is not required for the proposed development project.

c)

Authority to Extend Utilities

The City Manager may approve an extension of existing city water and sanitary sewer facilities if the extension is less than 600 feet, provided that funds are available and that the said extension addresses long term goals of the City to expand its utility service facilities and network. Service extensions longer than 600 feet shall only be permitted upon the approval of City Council.

d)

Request to Connect to City Utilities Required

It shall be the policy of the City Council to require that all developments located within the City request City water and sanitary sewer service. If a development is located in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s). The City shall determine, upon receiving a formal request in writing or by a plat submittal, if the City can provide the requested utility service(s) to the development.

e)

Compliance with Fire and Building Codes Required

It shall be the policy of the City Council to require all utility purveyors providing utility service within the City to comply with all applicable City Fire and Building Codes, as amended, by the date in which a service connection is requested. If a utility provider cannot supply utility services in accordance with the City Fire and Building Codes, as amended, on the date in which said utility service is requested, the City reserves the right to provide said utility service if the City has the ability to provide said service in accordance with the City Fire and Building Codes, as amended.