Birch Bay Water and Sewer District Code

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====== BIRCH BAY WATER & SEWER DISTRICT ======
===== COMMISSION POLICY =====
 
__**SUBJECT:**__ Limited Availability of Water and/or Sewer Service 

This Policy supersedes all prior water and/or sewer service limitation policies 

**1. Water and/or Sewer Availability Letters.** All letters in response to inquiries about water and/or sewer service shall enclose this Policy on Limited Availability of Water and/or Sewer Service and shall include said policy by reference.((This Policy on Limited Availability of Water and/or Sewer Service is supported by the District’s current adopted water and sewer system comprehensive plans.)) These letters shall only be issued when the property proposed for service is included in the water and/or sewer service areas identified in the District’s approved comprehensive plans. The water and/or sewer availability letter shall indicate that statements regarding water and/or sewer availability shall be valid for up to one year from the date of issuance, or so long as the property proposed for service remains in the District’s water and/or sewer service area, whichever is less. Extensions may be granted at the discretion of the District upon the developer’s demonstration of reasonable diligence in securing all necessary County, State and Federal approvals needed for land development associated with the inquiry about water and/or sewer service. __Any such time extensions shall be valid only if stated in writing by the District.__ The validity of a water and/or sewer availability letter shall be automatically extended for an additional two years upon execution of a Developer’s Extension contract pertaining to the same property.

Water and/or sewer service is not assured for any lot or parcel until said lot or parcel has connected to the system as per Paragraph 2 herein. At the discretion of the District, in order to facilitate accurate monitoring of the rate of growth in connections to the system, the Developer may be required to provide an annual projection of the number of connections associated with the proposed development.

**2. Connection to the system.** 

  * A. The District deems properties to be connected to the system when all applicable connection fees have been paid and monthly charges have commenced. Connection to the respective system will only be allowed when the water and/or sewer system serves the property to be connected in accordance with the Design Standards in the current edition of the District’s Developer Project Manual and/or the District’s comprehensive plans. In some cases, the District may require amendment of the District’s comprehensive plans in order to authorize connection and/or determine the conditions of connection. In addition, connection will not be allowed until Final Acceptance of system extensions.
  * B. For building permits, connection to the system per paragraph 2A above is required at the time the District signs the Whatcom County Health Department’s “Availability Notification for Public Water” form (which can be used to indicate availability to the County of either water or sewer service).Exceptions to this policy on signing the Whatcom County Health Department’s “Availability Notification for Public Water” form require Board approval. Instances where the Board may in its discretion grant an exception to this policy are generally, but not exclusively, limited to situations where the county has combined a building permit with a land disturbance permit or where a developer is proposing a commercial/condominium project and the meter locations are fairly close to the foundation. In reviewing such potential exceptions to policy, the Board will consider such factors and impose such conditions as it deems reasonably appropriate. At minimum, the Board will require entry of a DE Agreement before signing the “Availability Notification for Public Water” form prior to connection to assure that District Design Standards will be met.

Requirements of this section notwithstanding, the District will continue to deem connected those properties that have been connected under prior District policies, provided such properties have paid all applicable connection fees and monthly charges. 

**3. Determination of Adequacy of Water Supply.** It is the policy of the District, as detailed in the District’s adopted comprehensive water system plan, to provide water supplies adequate to serve existing customers and future development at the time the development is available for occupancy and use. Connections to the District’s water system are projected to grow at the rates forecasted in the District’s adopted comprehensive water system plan. The District’s current and planned water supply is hereby determined to be adequate and available to meet said demand for new connections to the water system, subject to the uncertainties inherent in the planning, development and delivery of water supplies. The District intends to monitor, on at least an annual basis, actual and forecasted growth in connections to the water system and progress in developing additional water supplies to provide for future connections at the time they are needed. If satisfactory progress is not being made in the timely development of new water supplies, and/or growth in connections has been occurring or is projected to occur at rates higher than previously projected, or if for any other reason it appears to be in the best interests of its customers, the District may impose a moratorium on water service availability.

**4. Determination of Adequacy of Sewer System.** It is the policy of the District, as detailed in the District’s adopted comprehensive sewer plan, to provide wastewater collection and treatment capacity adequate to serve existing customers and future development at the time the development is available for occupancy and use. Connections to the District’s sewer system are projected to grow at the rates forecasted in the District’s adopted comprehensive sewer plan The District’s current and planned wastewater capacity is hereby determined to be adequate and available to meet said demand for new connections to the wastewater system, subject to the uncertainties inherent in the planning, development, infiltration and inflow evaluation and removal program, and delivery of wastewater collection and treatment.

The District intends to monitor, on at least an annual basis, actual and forecasted growth in connections to the wastewater system and the District’s progress implementing capacity improvements to provide for future connections at the time they are needed. If satisfactory progress is not being made in the timely development of additional capacity, and/or growth in connections has been occurring or is projected to occur at rates higher than previously projected, or if for any other reason it appears to be in the best interests of its customers, the District may impose a moratorium on wastewater service availability. 

Approved: September 24, 2009.\\
**Amended:** June 10, 2010.