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§ 50.06 SPECIFIC WATER SERVICE AREAS AND AREA-SPECIFIC WATER LINE EXTENSION FEES.
   (A)   The Department may recommend to the Council the acceptance of a specific water service area and the establishment of an area-specific water extension fee if:
      (1)   An applicant for a permit to construct and extend a water main requests that the Department approve construction of a water main with a capacity in excess of the size required to serve his or her development.
      (2)   The Department finds that such construction is:
         (a)   In accordance with the water service plan of the town;
         (b)   In the public interest; and
         (c)   That the water main extension would have sufficient capacity to serve property not owned by applicant.
      (3)   The owner of the development submits plans and specifications for construction of the water system in that service area to the Department for review and approval.
   (B)   The Department may establish a specific water service area and an area-specific water system extension fee. A specific water service area and/or fee shall contain the following:
      (1)   A description or map showing the specific water service area;
      (2)   The cost of construction and installation of the water system and related facilities or a method to determine those costs; and
      (3)   A requirement that all landowners or other persons who connect to the water system extension shall pay to the Department an amount equal to their pro rata share of the connection fee or a fee based on acreage or another appropriate method approved by the town. These payments will pay for the cost of the supply, the distribution system and related facilities and administrative costs of the Department incurred in administering the specific water service area.
   (C)   Prior to connection of the water system mains to the water system extension and area-specific water main, the Department may require such persons to pay their pro rata share of the cost as set forth in division (B)(3) above.
   (D)   Upon the recommendation of the Department, the water system may advance a portion, or all, of the costs of construction of a water system extension with a capacity to serve a specific water service area and may establish an area-specific water system extension fee pursuant to division (C) above. The area-specific water system extension fee shall be utilized to reimburse the Department for the cost of construction of the water system extension.
   (E)   (1)   Water system extensions may be granted by the Department at no cost to the user based on the financial viability of the extension and the projected user fees to be collected from additional system users connected to extension.
      (2)   A water system extension is generally determined to be financially viable if that extension generates sufficient demand and subsequent connection fees and monthly user fees to cover associated development costs, debt retirement and its pro rata share of operation and maintenance costs as determined by the Department.
   (F)   If the developer is required to pay for an oversized water system in order to facilitate future connections between the town system and the newly developed property, the town will enter into a development agreement with the developer which will outline reimbursement for the cost of the oversized portions of the system.
(Prior Code, § 17-1-8) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
§ 50.07 UNLAWFUL ACTS.
   (A)   Any person who interferes with the officers or agents of the Department in the discharge of their duties or who violates any of the provisions of this chapter is guilty of a misdemeanor.
   (B)   Such interference’s include, but are not limited to:
      (1)   The tapping of a water main belonging to the system;
      (2)   Laying, connecting, inspecting or repairing of main;
      (3)   The excavating, either directly or indirectly, of a street or alley for the purpose of connecting to the water system without first obtaining a permit from the Department and the town’s Building Department; and
      (4)   Illegal use of the water system including, but not limited to:
         (a)   Serving more than one lot or parcel from a single meter; and
         (b)   Being connected to the water main belonging to the system without a properly installed and maintained backflow assembly, where required.
(Prior Code, § 17-1-10) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
§ 50.08 VIOLATIONS.
   Any person found in violation of the provisions of § 50.05 of this chapter will be subject to the following penalties and cost recovery.
   (A)   Fines shall be those as set forth for any code violation.
   (B)   In addition to the fine, costs equal to the remedy of the violation may be assessed. Those costs include, but are not limited to:
      (1)   Uncovering, inspecting, reinstalling (where required) and covering the tap;
      (2)   Uncovering, inspecting, relaying or repairing the water main;
      (3)   Testing, re-excavating (where required), inspecting, backfilling and compacting of a street or alley excavated without a permit; and
      (4)   Correcting or repairing any physical damage caused by an illegal connection.
(Prior Code, § 17-1-11) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
§ 50.09 WATER DEPARTMENT.
   (A)   Design, review and issuance of construction permit. The Water Department, in conjunction with the town’s Building Department, shall review all designs, plans, specifications and the like, relating to water supply and distribution systems, pumping structures and water connections prior to issuing a construction permit. The Department, in conjunction with the Building Department, shall issue a construction permit only if they are satisfied that all departments are in compliance with this code and the water supply and distribution systems, pumping structures and water connections will operate in a safe and sanitary manner. Prior to the issuance of a construction permit, the owner shall pay all fees assessed by the town.
   (B)   Construction inspections. All water lines and service lines to be attached directly to a water main shall be inspected by personnel of the Water Department and Building Department during construction. At least 48 hours prior to tapping the water main, the Water Department and Building Department shall be notified, in making a connection to a water system, no physical alteration of the facilities shall commence until a Department Inspector is present. No water shall be withdrawn from any water main prior to obtaining inspections, meter installation and approval of construction by the Department. Following satisfactory completion of construction, inspection, pressure and microbiological testing, the Department shall issue a construction inspection certificate.
   (C)   Collection of fees and miscellaneous powers. Fees levied pursuant to this code shall be collected by the Department. The Department shall enforce such rules and regulations the Council authorizes as for the safe, economical and efficient management and protection of the system; for the construction and use of the waters and connections to the water system; and for the regulation, collection, rebating and refunding of such water fees.
(Prior Code, § 17-2-1)
§ 50.10 EASEMENTS.
   (A)   All property owners desiring the connection of the improvements on their property to the water system of the town shall grant to the town, at no charge, those easements necessary to properly effectuate the water connection desired.
   (B)   All easements granted to the town shall be subject to the following restrictions and conditions of use.
      (1)   No person, firm or corporation having charge of property subject to easement in favor of the town shall hereafter construct, build or establish a building upon the property subject to said easement. A BUILDING means a house, commercial building, industrial building or any structure of a size or construction that the moving thereof would cause great inconvenience to any person.
      (2)   Should the owner of the property subject to an easement in favor of the town construct a building thereon in violation of this code, the town may employ individuals to clear said property and charge the costs of the same to the owner of the property. Nothing contained herein shall obligate the town to compensate the owner of the property subject to the easement for the value of a “building” cleared. The town may take those steps as are required to work in the easement and preserve the improvement, rather than clear the improvements.
      (3)   No person shall excavate deeper than three feet upon the property subject to the easement in favor of the town without having first obtained a permit therefor as herein required. Such permit shall be issued by the town. Applications for a permit to excavate upon property subject to easement in favor of the town shall be made in writing to the town and shall state thereon specifically the size of the space intended to be excavated and the purpose for the excavation.
      (4)   No person shall plant any trees or shrubbery upon the property subject to the easement in favor of the town without having secured a permit therefor. Applications for such permit shall be made to the town. All trees and shrubs so planted shall be placed subject to the direction and approval of the town. No boulders, benches or fences shall be built or maintained upon the property subject to the easement unless approved by the town.
      (5)   In the event any improvements are constructed within the boundaries of the easement and these create any additional costs to the town because it must incur additional expenses to repair, install or replace its water system, the property owner shall be charged all additional costs incurred.
(Prior Code, § 17-2-3) Penalty, see § 10.99
WATER FEES
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