106-4-2.010 Water Supply

1. Culinary and secondary water supply and delivery system required. The applicant is responsible for providing a culinary and secondary water supply and delivery system to or on each lot. The system shall provide sufficient quantity, flow, rights or shares, and storage, if applicable, to accommodate all intended uses of the water. The standard method for accomplishing this, and the default requirement, is for the applicant to connect to an existing public culinary water service provider’s system and to connect to an existing secondary water service provider’s system. However, to benefit applicants in certain circumstances, connection to a new water service provider’s system or a private well may be allowed as an alternative, as described in this Section. Water supply and delivery systems shall comply with the following: 1. Water service provider connection. 1. Connection to existing water supply and delivery system, requirement qualifiers. 1. Connection requirements and qualifiers. If any lot within the subdivision is located within a distance of 50 feet multiplied by the number of proposed lots from a public culinary water service provider's existing and functional main delivery line, or that of a secondary water service provider, and the service provider is willing and able to serve the subdivision, then in accordance with the service provider's standards and any applicable City standards, each lot within the subdivision shall be connected to the service provider's water delivery system; 2. Multiple local systems. If multiple existing culinary water delivery systems are available, connection to the culinary system that will yield the best organization of culinary water infrastructure in the area is required. The same shall be required for the secondary water delivery system. If conflict arises in making such a determination, the City Engineer shall make the final determination. Overlapping culinary or secondary water infrastructure should be avoided whenever possible. 2. Connection to new water supply and delivery system. 1. Creation of and connection to new system. Where outside the required connection distance of a water service provider’s existing and functional main delivery line pursuant to Subsection (a)(1)a. of this Section 106-4-2.1, and where a private well will not be proposed or cannot be approved pursuant to Subsection (a)(2) of this Section 106-4-2.1, a new water source, supply, and delivery system may be created by the applicant, in compliance with state law, to serve the subdivision. Each lot within the subdivision shall be connected to the water supply and delivery system. 2. Ownership, operation, and management of new system. Unless the new system will be owned, operated, and managed by an existing local water service provider, a new water service provider shall be created pursuant to state law to own, operate, and manage the new system. 3. New system in existing water service provider’s planned expansion area. If any part of the subdivision is situated within the expansion area of an existing culinary or secondary water service provider’s water delivery system, then the following are required unless the existing service provider specifies otherwise in writing: 1. Existing service provider’s ownership of new system. At the existing service provider’s sole option, upon written request, the applicant shall transfer ownership of the new system, including but not limited to, the piping, conveyances, easements, sources, any other infrastructure, and the related water rights, contracts and shares, to the existing service provider at no cost, unless negotiated by the entities otherwise. 2. New system to conform to existing system. The new system shall be constructed pursuant to the requirements and standards of the existing service provider. 3. New system’s future consolidation into existing system. The new system shall be created in a manner and with sufficient rights or shares to enable easy and efficient future consolidation of the new and existing systems. 4. Contract. A contract shall be executed between the applicable existing service provider and the new service provider, obligating the new service provider to consolidate with the existing service provider. Unless negotiated by the entities otherwise: 1. The contract shall provide for the conveyance of applicable ownership and operation rights, necessary water rights or shares, and infrastructure access or easement rights, at a time of the existing service provider’s choosing; and 2. The infrastructure expense required to consolidate systems shall be borne by the existing service provider and any debt obligation incurred by the newer service provider shall remain the responsibility of the users of the system for which the debt was incurred. 5. Service provider maps required. An existing service provider intending to use this provision for future expansion shall submit documentation to the City showing its current operating area and adopted future expansion area in an accurate geographicallyreferenced format. 6. Multiple local systems. If multiple service providers' expansion areas include portions of the subdivision, then the applicant shall furnish written verification to the City of each provider’s intent to eventually serve the development. The existing system that will yield the best organization of services and long-term performance of water infrastructure in the area shall be used to satisfy this part, as determined by the City Engineer. 2. Private well connection. Unless required otherwise by Subsection (a)(1)a. of this Section 106-4-2.1, culinary and secondary water may be provided by private well, in compliance with the standards and requirements of the local health department, Utah Division of Water Rights, and, if applicable, Weber Basin Water Conservancy District. If secondary water is provided by private well, the applicant shall comply with Subsection (b)(2)b. of this Section 1064-2.1. The applicant shall simultaneously submit all wells proposed in the subdivision, including all phases if applicable, for well approval to the Utah Division of Water Rights. 2. Required water quantity. Each developable lot shall be connected to a system that provides sufficient water quantity, quality, flow, rights or shares, and storage, if applicable, to accommodate all intended uses of the water. 1. Culinary water quantity and quality. The quantity and quality of culinary water shall meet the minimum standards required by the culinary water authority, applicable agency, or applicable service provider. 2. Secondary water quantity. Sufficient secondary water shall be provided so that all areas of the lot that will be landscaped with living plant materials can be regularly watered. At a minimum, the annual duty for crop irrigation, as prescribed by the Utah Division of Water Rights, is required for all areas of the lot that will contain non-drought tolerant vegetation. 1. Secondary water by service provider. If secondary water is provided by a culinary or secondary water service provider, then the service provider is responsible for ensuring compliance with this part. As a baseline, each secondary water provider is encouraged to adopt water-wise landscaping requirements as provided in Subsection (b)(2)b. of this Section 106-4-2.1. 2. Secondary water by private well. If secondary water will be provided by a private well, then by default, a water allocation sufficient to water 30 percent of the lot is required unless specifically provided otherwise herein. This percent shall be increased to the actual area watered if more than 30 percent of the lot is or will be watered. This percent may be reduced to the actual percentage of the lot covered by vegetation that is not drought-tolerant or non-native wildland if: 1. All areas with drought-tolerant vegetation are provided sufficient water allocation for the vegetation type and an automatic watering system is installed that has separate valves and stations on which vegetation with similar watering needs shall be grouped, if applicable; 2. A restricted-landscape covenant is recorded to the lot that restricts the area of non-drought tolerant vegetation to the actual area allowed by the lot's water allocation, water rights, or water shares, given the water duty for crop irrigation as prescribed by the Utah Division of Water Rights, and specifies the automatic watering system requirements herein, if applicable; 3. A note is placed on the final recorded plat as required in Section 106-1-8.20; and 4. The approved Exchange Application from the Utah Division of Water Rights is submitted to the City for each well. It shall demonstrate the total acre-feet approved for each well, and demonstrate that all proposed wells within the subdivision, including all phases, were simultaneously submitted to the division for approval. 3. Secondary water exemption. A subdivision lot that is completely covered by pre-existing native wildland vegetation, and will remain so, is exempt from the secondary water requirements of this section as long as the pre-existing native wildland vegetation remains undisturbed in perpetuity, and is well-established in a manner that makes it relatively unlikely for noxious weed propagation. Clearing minimal area needed for buildings, driveways, accessory uses, wildfire defensible space, and similar uses is allowed under this exemption as long as it does not result in the need for outdoor watering. The following shall be provided with the final plat: 1. A restricted-landscape covenant is recorded to the lot. The covenant shall restrict the removal or addition of living vegetation from the lot unless the owner acquires the secondary water required by this section; and 2. A note shall be placed on the final recorded plat as required in Section 106-1-8.20. 3. Capacity assessment. Prior to final plat approval by the planning commission, the applicant shall provide the city with a written capacity assessment for the culinary and secondary water supply and delivery system. 1. Water service provider capacity assessment. For the creation or expansion of a water service provider’s water supply and delivery system, the capacity assessment shall include: 1. Written verification from the water service provider. The assessment shall verify: 1. That the system is, or will be at the time the subdivision improvements are complete, capable of serving the culinary or secondary water needs of each applicable subdivision lot; 2. For a culinary water provider, that adequate culinary water flow and storage is available, or will be available at the time the subdivision improvements are complete, for all intended or proposed uses of culinary water including, but not limited to, applicable secondary water uses and fire suppression appurtenances; 3. For a secondary water provider, that adequate secondary water flow and storage is available, or will be available at the time the subdivision improvements are complete, for all intended or proposed uses of secondary water; and 4. The specific details regarding the requirements or conditions for the water service of which the city should be aware during the approval or construction process. 2. For a culinary water supply and delivery system, evidence that a state construct permit has been secured from the Utah Department of Environmental Quality’s Division of Drinking Water. 2. Private well capacity assessment. For a private well’s water supply and delivery system, the capacity assessment shall include: 1. Written verification from the Utah Division of Water Rights that authorization to drill has been obtained for each proposed private well. 2. The following items, if secondary water is provided by contract with Weber Basin Water Conservancy District: 1. Written verification from the District that an adequate allocation of water has been secured for each proposed well; 2. Evidence that the annual cost for the District’s allocation is, or will be, attached to the tax notice of each lot; and 3. Proof of adequate allocation of water shall be demonstrated for all intended uses of the well water, including, but not limited to, applicable secondary water uses and fire suppression appurtenances. 4. Water supply and delivery system improvements required. 1. Improvements required for water service provider. The following requirements are a minimum. The applicable culinary or secondary water service provider may have additional requirements. 1. Main delivery line extents. Culinary and secondary water main delivery lines shall be provided to the furthest extent of the subdivision boundary within a public street right-of-way or a public utility easement, and laterals shall be stubbed to each lot. 2. Infrastructure capacity. Infrastructure shall be designed with sufficient capacity for the system service area as determined by the water service provider, or as may otherwise be required by the City Engineer. 3. Metering. All culinary and secondary water connections shall be metered. 4. Improvements operational before permit. Water lines and fire hydrants shall be operational before building permits are issued for any structures. 5. New source. If the service provider determines the source is needed to serve the new lots, a new water source shall be provided, with all needed rights or shares, and connected to the service provider’s water delivery system in compliance with the provider’s requirements and standards. 6. Conflicting requirements. The City Engineer has discretion to waive or modify any of the foregoing requirements in Subsection (d)(1) of this Section 106-4-2.1 if in conflict with the service provider’s requirements. 7. Prior to City's final acceptance. The applicant shall submit to the city written approval and acceptance of new culinary and secondary water infrastructure from the culinary water service provider and secondary water service provider prior to final acceptance of the subdivision’s improvements by the City. 8. No obligation to City. Acceptance of the subdivision’s improvements shall not constitute an obligation to the city for the ownership or operation of the water facilities. 2. Improvements required for private well. 1. Private well drilling and testing. Prior to final plat recording, each well shall be dug and pump-tested for a minimum of 48 hours, and a sample of water analyzed according to applicable agency requirements. A copy of pump-test results shall be submitted to the City and the local health department. The pump test results shall demonstrate that adequate flow and quality exists to serve all intended uses of the well. An inadequate pump-test shall result in that subdivision's approval being void unless another lawfully approved water source can be provided. 2. Metering. The applicant shall install a radio-meter, or other automated usage-reporting meter, pursuant to the standards and specifications of the Weber Basin Water Conservancy District, if applicable. 5. Culinary water conditioned on secondary water. If a culinary water service provider has conditioned its service on adequate access to a secondary water service, the following apply: 1. Verification. A culinary water service provider bears full responsibility for verifying a secondary water system’s capability to satisfy the culinary water service provider’s conditions and requirements before it will offer culinary water service to the subdivision. 2. Culinary water restrictions. Unless expressly authorized by the culinary water provider, no culinary water is authorized for watering vegetation using sprinklers or other irrigation methods. A culinary water provider has the authority to take appropriate action if unauthorized use of culinary water for an outdoor application is found. 3. Exactions and denials of water service provider. A water service provider, whether culinary or secondary, shall not use this section to require an unlawful exaction or an unlawful subdivision denial, pursuant to state law. Requirements for secondary water shall be reasonable and in accordance with industry best practices. 6. Irrigation water exemption in small subdivisions. In the Ogden Valley, a small subdivision, as defined in Section 101-2-20, may use existing irrigation water to meet the secondary water requirements of this Section if irrigation water has been consistently used on the land prior to the subdivision, and is being proposed to be used to irrigate the same general area. Each resulting lot shall be given sufficient water rights, shares, or stock to irrigate the area specified in Subsection (b)(2) of this Section 106-4-2.1. 7. Transfer of rights or shares and penalty for removal. If required by the water service provider, all necessary culinary or secondary water rights or shares required for each lot shall be transferred to the culinary or secondary water service provider, respectively. The culinary water service provider, or when the subdivision is located in a secondary water service provider's expansion area, the secondary water service provider, is authorized to require sufficient secondary water rights or shares to be transferred to them to be held in trust until the secondary water service provider's system has been extended to the subdivision. Otherwise, the rights or shares required shall be recorded to the lot for an individual well, or a governing owner’s association or entity for a shared private well, at the time of subdivision recordation. Removal or reallocation of required rights or shares shall constitute a violation of this land use code, with all associated enforcement measures being at the City’s disposal. The City is also authorized to void the recorded plat or withhold any further land use approvals for the affected lot or lots, as determined by the Planning Director or City Engineer.