13.12.060 Exception to constructing public sewer mains or public water mains to bring non- conforming water or sewer service lines into compliance with Title 13.
The Public Works Director may allow water or sewer service lines to be located in a manner that does not conform to Title 13 of the Municipal Code, the IDCM, and the Standard Specifications if all of the following conditions are satisfied:
A. In the judgment of the Public Works Director, extraordinary circumstances exist that make compliance impractical.
B. The water or sewer service line must be located within a dedicated service line easement.
1. The easement shall include provisions requiring the owners of the dominant and all servient tenements to defend, indemnify and hold the city harmless from all claims related to the non-conforming service line. This requirement may be waived by the Public Works Director for easements created prior to January 1, 2007.
2. Should the properties be under single ownership, the owner must enter into a covenant agreement promising to grant the easement if any part of the property served by the non-conforming service line is ever transferred to a different owner.
C. The applicant of the non-conforming service line shall execute a covenant agreement consenting to an assessed project to construct public sewer mains or public water mains.
1. The covenant agreement shall include provisions requiring all property owners to defend, indemnify and hold the city harmless from all claims related to the non-conforming service line.
2. The Public Works Director is hereby authorized to execute the covenant agreements required by this section on behalf of the city.
3. The requirement to enter a covenant agreement may be waived by the Public Works Director for good cause.
D. Should the Public Works Director deny a request for an exception under this subsection, the applicant may appeal the decision to the Rapid City Council. Any such appeal shall be filed with the Public Works Department within 10 days of the Public Works Director’s denial.
Regardless of the foregoing, a single service line for multiple lots shall not be allowed. Individual service lines shall be required for each lot being served unless the lots are designated as a developmental lot, as provided in Title 17 of the Municipal Code.