TITLE 8
WATER AND SEWER
WATER AND SEWER
CHAPTER 1
WATER SYSTEM
WATER SYSTEM
SECTION:
8-1-1: Title
8-1-2: Definitions
8-1-2-1: Public Utilities Rate Committee
8-1-3: New Accounts; Application For Service
8-1-4: Extensions
8-1-5: Additional Capacity; Water Availability Statement
8-1-6: Service Connection; Fees
8-1-7: Fire Protection Systems
8-1-8: Service Pipes; Maintenance
8-1-9: Meters
8-1-10: Rates
8-1-11: Special Water Usage
8-1-12: Liability Of Village
8-1-13: Village Not Required To Furnish Service
8-1-14: Right To Restrict Usage
8-1-14-1: Water Conservation
8-1-15: Contractor's Duty
8-1-16: Revenues; System Of Accounts
8-1-17: Contributions In Aid Of Construction
8-1-18: Water Efficient Fixtures
8-1-19: Right Of Access
8-1-20: Prohibited Acts
8-1-21: Collection; Service Termination; Delinquencies
8-1-22: Penalty
8-1-23: Remedies Not Exclusive
For purposes of this Chapter, certain words are hereby defined. Words in the present tense shall include the future, the singular number shall include the plural and the plural the singular and the word "shall" shall be mandatory and not directory. Whenever in this Chapter the following terms are used, they shall have the meanings respectively ascribed to them as set forth in this Section:
ADMINISTRATIVE CHARGE: A charge added to a water bill when said bills become delinquent. It is a charge established to cover the costs of handling delinquencies and is not a penalty.
AGENT: Superintendent of Public Works, Village Engineer or other person designated by the chairman of the Public Utilities Rate Committee.
BASIC USER CHARGE: The basic assessment levied on all users of the water system.
BOARD: The Board of Trustees of the Village.
BUFFALO BOX: A valve on the water service line to an individual customer.
CHAIRMAN: Chairman of the Village Public Utilities Rate Committee.
CONNECTION FEE: The charge to be paid by an applicant desiring water service for a parcel of land to be serviced by the Village water system.
CONTROL AUTHORITY: The chairman of the Public Utilities Rate Committee.
CORPORATE AUTHORITIES: The President and Board of Trustees of the Village.
CUSTOMER: The owners of the premises to which water service is provided or the owner and occupant of such premises jointly and severally.
DEBT SERVICE CHARGE: The amount to be paid each billing period for payment of interest, principal and coverage of bond outstanding and shall be computed by dividing the annual debt service by the number of users.
DELINQUENCY TURNOFF CHARGE: A charge which will be applied when customer's service is discontinued for nonpayment of bills.
DIRECTOR: The director of the Illinois environmental protection agency.
EASEMENT: An acquired legal right to the specific use of land owned by others.
ENGINEER: A registered engineer authorized to act for the village as staff engineer or as consulting engineer.
IEPA: Illinois environmental protection agency.
METERED WATER: The tap or other outlet in the service connection village main or lateral, pipe and appurtenant facilities such as the corporation cock, service cock, pipe fittings, meter and meter box used to deliver water from the village's mains or lateral to the property side of the water meter.
OWNER: The holder of legal title of any property as shown by the public records of Kane County.
PERSON: Any individual, firm, company, association, society, corporation or group.
PLUMBING INSPECTOR: The plumbing inspector of the village.
PUBLIC UTILITIES RATE COMMITTEE: The village public utilities rate committee.
RESIDENTIAL OR COMMERCIAL USER: Any user of the water system not classified as an industrial user nor excluded as an industrial user.
SERVICE CHARGE: A monthly charge per connection based upon a tap serving a particular property.
SERVICE CONNECTION: A pipeline, with its appurtenances, which branches off or connects a water main with the premises.
USEFUL LIFE: The estimated period during which the water system will be operated.
USER CHARGE: A charge levied on users of the water system for the cost of operation and maintenance.
WATER AVAILABILITY STATEMENT: A report prepared by village staff which states conditions and costs of serving proposed developments as well as existing fire hydrant locations and available fire flow.
WATER SYSTEM MAIN: The water supply pipe which is generally located in the right of way at the front of the property from which water supply is delivered to the service pipe leading to specific premises.
WATER SYSTEM OR WATERWORKS SYSTEM: Shall mean collectively all of the property and appurtenances involved in the operation of the water system including land, wells, pumps, water lines and mains. (Ord. 577, 3-22-1993; amd. 1998 Code; Ord. 681, 2-17-1998)
The committee shall be appointed and meet on an as needed basis when required to meet. When appointed the committee shall be comprised of nine (9) members. Six (6) members shall be appointed by the president subject to the advice and consent of the board of trustees as provided in this code and three (3) shall be appointed by the governing board of the Prestbury Citizens' Association. (Ord. 2011-01-11A, 1-11-2011)
A. Contracts:
1. Implied Contract: The rules, regulations and water charges hereinafter specified shall be considered a part of the contract with every person who is supplied with water through the water system of the village. Every such person shall be considered to have consented to all of the provisions of this chapter by using the water system.
2. Contracted By Customer: All new accounts shall be contracted for by the customer and all deposits shall be in the name of the customer. Whenever an occupant of a premises seeks to open a new account, he shall be presumed to be authorized by the owner of the premises to obligate him for the payment of charges for water service jointly and severally with such occupant as herein provided, and any deposit made shall be presumed to be made by the owner and occupant jointly and severally.
B. Applications For Service: Applications for service must be made to the chairman. (Ord. 577, 3-22-1993)
A. Application: Any person desiring an extension of water system mains within the village must present a written request to the board by submitting an application similar in form and substance to an IEPA permit for water main extensions, together with a plat of subdivision showing the location of such proposed extensions with all rights of way and easements fully set forth.
B. Plat: The plat shall be submitted to an engineer designated by the village for determination of the size and lengths of water system main installations, locations of flush valves, water service valves and other appurtenances as required by ordinance and statute and as dictated by sound engineering practice.
C. Approval By Board Of Trustees: Any extensions of water system mains must be approved by the board of trustees; however, any such approval shall be made only after the person making application has paid all the required connection fees and after obtaining all easements deemed necessary by the village engineer in accordance with civil engineering standards and such properties have been annexed into the village.
D. Applications For Permits: All applications for construction or any other actions to be taken which may from time to time be required by a governmental or regulatory body regarding the extension of the water system mains shall be completed by or on behalf of the person making such application. All such applications shall be submitted to the board and shall be subject to its written approval prior to being submitted to other governmental or regulatory agencies.
E. Outside Corporate Limits: Any person owning property outside but contiguous to the corporate limits of the village who now or hereafter desires to avail himself of the use of the village's water supply and distribution system shall first pay to the village such charges and costs of such improvements and shall annex their property so as to be in the corporate limits of the village prior to receiving any such services. Any person outside the corporate limits who cannot lawfully annex shall sign an agreement to annex which shall require immediate annexation upon the removal of the legal impediment to annexation of the property into the village. (Ord. 577, 3-22-1993)
F. Closing Existing Wells:
1. Credits: From the period commencing on the effective date hereof and continuing for a twenty four (24) month period thereafter, any owner of residential property inside the corporate limits of the village who connects said property to the village water system, and simultaneously (or upon a reasonable transition schedule approved by village staff) closes all existing well(s) on the same property, shall be entitled to a credit equal to one connection water tap-on fee for the property in question. All closings of said existing well(s) shall be in conformance with all requirements as set forth by the village engineer for the safe and sanitary closing of said well to protect the surface of the property and to ensure the integrity of the belowground water supply free from surface contamination.
2. Eligible For Credit: Pursuant to subsection F1 of this section, any property that possessed an existing well(s) may apply to be included to take advantage of the credit provided in subsection F1 of this section and, if satisfactory proof is presented to the director of public works that said well existed prior to the effective date hereof, said property may be included as eligible under this section. (Ord. 2004-09-17A, 9-17-2004)
G. Wells:
1. Well Restrictions: No wells, water pumps, controls, valves, piping, connections and appurtenances necessary and incident to the constructing of a waterworks system or supplying water to any person, firm or corporation within the limits of the village shall be laid in, upon, under, across or over any street in the village or private property within the village by any person or authority other than the village, unless the village is unable to supply water service, including all extensions of service from existing private wells.
2. Grandfather Clause: Existing wells, with existing water distribution systems, as of the effective date hereof, may continue in use, including repairs of the same to continue use of the existing well and water distribution system in its existing configuration, provided however, that any expansions of any such water distribution systems or drilling of new wells to replace existing wells that have ceased to function, shall not be entitled to this continuing use exemption and are prohibited.
3. Definitions: A "well" shall, for this subsection only, be defined as provided in 225 Illinois Compiled Statutes 345/2 (1 and 2) but shall not include a required sump pump under other provisions of village ordinances. The phrase "unless the village is unable to supply water service" shall mean where either a unique configuration of the physical topography of land prevents service to the property or legal access to the property is prohibited by other landowners (not including the landowner seeking such well) and necessary easements cannot be reasonably obtained either through negation or eminent domain proceedings. All costs of extending any required water systems, including, but not limited to, water mains, extensions or obtaining easements shall be the responsibility of the landowner as otherwise required in this code and said costs, regardless of length, size or other factor shall not be considered in determining whether service is able to be supplied to the property. (Ord. 2004-08-17A, 8-17-2004)
A. Additional Capacity: Any person necessitating an increase in the water system's capacity shall submit an application to the board. The application shall detail the amount of increased capacity required and the reasons for such increased capacity. The board, in its absolute discretion, may refuse or may grant such application. If the application is granted, the board's approval may be made subject to the applicant's providing payment for such increase in capacity or other financing as is appropriate and the fulfillment of conditions as determined by the board.
B. Water Availability Statement: Any person may request, and the board may issue, a "water availability statement" as defined in section 8-1-2 of this chapter. (Ord. 577, 3-22-1993)
A. General Requirements: The general requirements for connecting to a village water system main are as follows:
1. Connections By Village: All connections shall be made by the village. No person, except the village, will be permitted to make a service connection to the water system or insert corporation cocks, shutoff valves or ferrules therein.
2. Permit; Notice: No service connection with a water system main shall be made without a village building permit being issued and not less than forty eight (48) hours' notice given to the village clerk and the village engineer.
3. Meter Location Within Building: When the meter is located within a building, type K copper service pipe shall be installed at least five feet (5') underground. No installation shall be covered until it has been inspected and found to be satisfactory by the village.
4. Compliance With Codes: No water shall be turned on for service in any premises in which the plumbing does not comply with the provisions of this chapter, the plumbing code as adopted by the village and other applicable ordinances and statutes. Water may be turned on for construction work in unfinished buildings subject to the provisions governing same as provided in this chapter.
5. Turn On By Village: No water shall be turned on for service into any premises by any person other than the village.
6. Plans And Specifications: Each application for a building permit must be accompanied by plans and specifications which describe the proposed fittings and components. These plans and specifications shall be reviewed by the village plumbing inspector who is hereby vested with the authority to specify and require the quality, size, type and kind of the components and fittings with a view to maintaining the quality of and compatibility with the village water system in accordance with applicable ordinances, statutes, laws and regulations.
7. Branching Prohibited: One service connection is allowed per house or per unit except when a fire sprinkler system is required and for which a separate service connection must be provided. No branching of service connections will be allowed. The only multiple use of a single service connection will be through the use of a meter room accessible directly from outside.
8. Installation: Upon approval, each lot shall be provided a service connection at the property owner's expense. After payment of the required connection fees, the village shall furnish and install a corporation stop, the service pipe to the curb stop, and the curb stop and curb box to a point seven feet (7') outside the property line or at a point approved on the permit. These items and services shall be furnished only after suitable trench excavation has been provided by or on behalf of the owner. The owner shall also be responsible for the proper backfilling of the trench and any repair of sidewalk, curb or paving.
9. Additional Installation Requirements: For further installation requirements, refer to chapter 4, "Cross Connection Control" of this title and title 12, "Subdivision Regulations", of this code including material specifications.
B. Connection Tap-On Fees:
1. Residential: Each application for residential service must be accompanied by the required connection fee in accordance with the rate in effect.
2. Industrial: The connection fees for obtaining a service connection to the water system for industrial users shall be determined. (Ord. 577, 3-22-1993)
C. Modification: The village of Sugar Grove board of trustees is authorized to modify, by resolution, the amount charged as the connection tap-on fee for both residential and industrial water service connections to the village water system. (Ord. 2004-09-07G, 9-7-2004)
A. Fire System Required: Any governmental, commercial, business, industrial or other public building over five thousand (5,000) square feet internal measurements is required to have adequate fire protection in accordance with NFPA 13 (National Fire Protection Agency). The cost of the service connection to the water system main for fire protection is an expense of the owners. No expense will be incurred by the village for the cost of the service connection. If it is found that the service connection for fire protection is used for other than a fire protection system, a fine per day, as provided in section 1-4-1 of this code, commencing the first day of violation until corrected shall be assessed and each day during which such violation occurs shall be a separate violation. (Ord. 577, 3-22-1993; amd. 1998 Code)
B. Required Fees:
1. Service connection fee.
2. Maintenance fees per year for fire readiness will be billed through the public works billing department.
C. Cross Connection Responsibility: Refer to cross connection ordinance, chapter 4 of this title.
D. Private Sprinkler And Fire Protection Water Systems: Private sprinkler and fire protection water systems may be connected with village water mains subject to the following provisions and regulations, and provided the applicant is a customer taking water supply for other uses from the village at regular rates for such uses.
1. Application: Whenever sprinkler or fire protection services are desired, application shall be made to the chairman for installing such service, which application shall include complete specifications and plans of the installation contemplated. If the application is approved by the chairman, the applicant shall enter into an agreement with the village for connection to village mains subject to the provisions of this chapter.
2. Inspection; Pressure Tests: Village water will be turned into any sprinkler or fire protection system only when such installation has been subjected to and passed such inspection and pressure tests as may be required by the public works department. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross-connections between private water supplies and services connected to Village mains shall be permitted.
3. Charge For Water Used For Testing: Any premises defined as a distinct and definite locality, including but not limited to shops, stores, buildings or other areas, held under separate ownership or lease, and which has installed a sprinkler or fire protection system which is connected, directly or indirectly, with the water mains of the Village, shall not be metered or charged for such water as may be necessary to use in making the usual and ordinary tests of such systems under the underwriters' rules or for actual fires. Should it be found that water is used from same for purposes other than for the usual tests or for firefighting, the Village is empowered to require the installation of a meter for charges to be made.
4. Additional Inspections: Any and all premises connected to Village water mains for sprinkler or fire protection services shall be subject to inspection by a representative of the Public Works Department at any time for count and conformity to the Village regulations. (Ord. 577, 3-22-1993)
A. Service Pipes And Buffalo Boxes:
1. Installation: All service pipes from the buffalo box to the premises served shall be installed by and at the sole expense of the owner.
2. Location Of Buffalo Boxes: Buffalo boxes shall be placed on every service pipe and shall be located seven feet (7') outside the property line where this is practicable. Such boxes shall be so located so that they are easily accessible and shall be protected from frost and placed at a location at which it is not likely to have pavement for driveways, sidewalks or any other hard service installed over it.
B. Maintenance:
1. Responsibility Of Village: In the event a break or a leak develops in the service pipe, the Village shall be responsible for repair if such leak is located on the Village's side of the buffalo box (between the center of the buffalo box and the main).
2. Responsibility Of Owner: The owner shall be responsible for the repair of any leaks or other required maintenance on the owner's side of the buffalo box (between the center of the buffalo box and the water meter location).
3. Refusal Or Failure To Repair: In the event of required maintenance on the property owner's side, if the owner refuses or fails to make necessary repairs, the Village may make the necessary repairs at the expense of the owner. Failure of the owner to make such repairs shall be sufficient cause for discontinuance of water service. Election by the Village to discontinue water service shall not be an election of remedies by the Village and the Village shall also have the right to pursue any and all other remedies as provided at law and equity. (Ord. 577, 3-22-1993)
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