DOW - RULES&REGS

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     Rules & Regulations
             Charter
             Part I
             Part II
             Part III
                Section 1
                Section 2-3
                Section 4-5
                Section 6-7
                Section 8-9
                Section 10-12
                Section 13
                Section 14-16
             Part IV

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RULES AND REGULATIONS

PART 3 - Section 2 - 3

ESTABLISHING STANDARDS FOR SUBDIVISION WATER SYSTEMS

within the County of Kauai

and Providing Penalties for the Violations Thereof

SECTION II - AVAILABILITY OF WATER AND APPROVAL OF

SUBDIVISION MAP

1. Extensions from and connections to the public water system will be approved by the Department where pressure conditions permit, provided the following have been met:

a. The Department has a sufficient water system developed for domestic use and, if required by the Department, a sufficient water system for fire protection.

b. The additional service on the existing system will not be detrimental to people already being served in that area.

c. The subdivision water system complies with these rules and regulations.

d. The facilities reserve charge for the subdivision has been paid, or a bond posted in lieu thereof, as provided under Section XIII of this Part.

2. In areas where there is no public water supply available, or where large quantities of water are required or a large investment is necessary to provide service, the subdivider will be informed as to the conditions under which the subdivision may be approved and, where appropriate, refunds made.

3. After the Director submits the subdivision map to the Department, the Department will inform the Director in writing of its approval, requirements for approval, or its disapproval of a subdivision map after taking the above into consideration.

SECTION III - FACILITIES RESERVE CHARGE

1. The subdivider shall pay to the Department the facilities reserve charge established in Part 4 of the Rules and Regulations of the Department, for each (additional) parcel created by the subdivision, including the first lot, except (as provided below) when facilities reserve charges have already been paid by the developer or subdivider.

2. No facilities reserve charge will be made for lots created by the subdivision which will not be served by the Department’s water system. In the event that the Department determines that the subdivision will not be serviced by the Department’s water system, but later water service is requested, full payment of the then applicable facilities reserve charge must be paid. A statement to this effect shall be clearly lettered on the subdivision map.

3. No facilities reserve charge will be made for any parcel which is already serviced by an existing meter or which was serviced by a meter within 365 days prior to formal submittal of the subdivision request to the Planning Department.

4. When the consumer or subdivider is required to install a water source and/or water storage facility, the total facilities reserve charge for the subdivision will be reduced up to 1/3 each by the cost of such installation which qualify for refund under these Rules.

5. The subdivider shall pay the facilities reserve charge to the Department prior to subdivision approval by the Department except that subdivision approval may be given prior to construction of required improvements and the payment of the facilities reserve charge by the posting of a bond, as described in Section XIII of this Part.

6. In the event the facilities reserve charge has been paid for a subdivision and subsequently the subdivision is consolidated, the facilities reserve charge will be returned provided the consolidation is completed within 365 days following the prior subdivision approval.

7. The facilities reserve charge shall be credited with the amount of refund contributions the consumer previously paid to the Department for source and storage facilities that were installed by a previous developer. Said credit shall not exceed the total facilities reserve charge.

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