TITLE FOUR - UTILITIES
1010.01 General Provisions
1010.02 Water Main Installations and Extensions
1010.03 Tap-in Fees
1010.04 Meters
1010.05 Usage Rates and Minimum Consumption Rates
1010.06 Inspections; Right of Entry
1010.07 Shut-Offs for Repairs or Testing
1010.08 Emergency Restrictions
1010.09 Protection of Water Utility System
1010.10 Backflow Prevention
1010.11 Bulk Water Program
1010.98 Severability
1010.99 Penalties
CROSS REFERENCES
Authority to Own and Operate Public Utility - see O. Const. Art. XVIII § 4
Extraterritorial Customers - see S.U.&P.S. CH. 1031
Power to Require Water Connections - see ORC 729.06
Powers of Municipal Corporations - see ORC 717.01
Rules and Regulations, Authority to Make - see ORC 743.02
Unpaid Water Fees, Assessments for - see ADMIN. 250.04
Utility Funds - see ADMIN. 251.04
Utility Billing - see S.U.&P.S. CH. 1030
(a) General. The public water utility, the water system, and connections to the system shall be regulated in accordance with the provisions of this Chapter, any other applicable provisions of the Streets, Utilities & Public Services Code, any other applicable provisions of the Xenia City Code, and any applicable provisions of the Ohio Revised Code, Ohio Administrative Code, Ohio Building Code, Ohio Fire Code, and any applicable federal laws.
(b) Rules and Regulations. The Public Service Director is hereby authorized to promulgate rules and regulations regarding the construction of, and materials used for, water mains, service lines, curb boxes, pipes, hydrants, and other appurtenances or facilities; the use and conditions for use of the City's public water utility and system and connections thereto; and any regulations necessary to carry out the Public Service Director's duties under this Chapter, the Xenia City Code, and any applicable federal or state law, rule, or regulation. Such rules and regulations shall be known as the "Water Utility Rules and Regulations," shall be made available to the public on the City's website and shall be kept up to date.
(Statutory Reference: ORC 743.02)
(c) Use of Public Water Required. The owners of all buildings within the City that are used, or are intended to be used, for human occupancy, employment, recreation or any other purposes and which abut any street, alley, or right-of-way in which there is now located or may in the future be located a public water main, are hereby required, at their expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper water main, in accordance with the provisions of this Chapter and the Water Utility Rules and Regulations, within ninety (90) days after the date of official notice from the City to do so; provided, however, that such public water main is within three hundred feet (300') of the property line.
(d) Scope. Every person whose premises is served by a connection to the water utility system, will be charged for the use of the City's water utility. The water utility usage charges shall be applied to each and every premises consuming water from the water utility system, and the charges shall be as specified in this Chapter.
(Ord. 63-10; Adopted 02/14/63; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
(a) Approval.
(1) All water main installations and extensions proposed for connection to the City's water utility that are to be constructed by a person other than the City, when such installation or extension lies completely within the corporate limits of the City, shall require the written approval of the City Engineer and the City Manager.
(2) All water main installations and extensions proposed for connection to the City's water utility that are to be constructed by a person other than the City, when any part of such installation or extension lies outside of the corporate limits of the City, shall require the approval of City Council, by resolution.
(b) Utility Easements. No water main installed or extended shall be connected to the City's water utility nor shall any water service be provided without the person to whom approval for the installation or extension was granted pursuant to division (a) of this section having first obtained and recorded the necessary utility easements for said main installation or extension at the person's own expense. Such utility easements shall be at least fifteen feet (15') in width, unless otherwise approved by the Public Service Director, and the language of such easements shall be approved by the City Law Director before recording.
(c) Size of Mains; Materials. The size of the mains and the materials to be used in all water main construction and extensions now or hereafter proposed shall be as set forth in the Water Utility Rules and Regulations.
(d) Plan Review and Inspection Fee. The party requesting and providing for the main installation or extension will be subject to the payment of a plan review and inspection fee to cover the cost of reviewing the plans of the proposed installation or extension and inspection of the water main installation or extension. The plan review and inspection fee shall be as set forth in the City's Fee Schedule, Appendix A
to the City Government Code.
(e) City to Share in Cost of Certain Mains. Upon determination by the City Engineer as to the sizes of water mains necessary to serve a subdivision or undeveloped area, larger mains may be required by the City Engineer in order to adequately supply a subsequently developed area. In such cases, the City shall pay the difference in cost between the sizes necessary for the subdivision or undeveloped area and the City-required larger mains. Where it is necessary to extend a main through an undeveloped area, or an area already served, in order to reach and serve a new subdivision or area to be developed, the City may pay the cost or such portion of the cost of such water main as the City Engineer may determine from the future customer potential thereof; however, in no case above-mentioned shall the City participate in the cost of water mains eight inches (8") in diameter or less, or in the cost of water mains connected to a water system other than that of the City.
(Ord. 63-10. Adopted 02/14/63; Ord.92-27. Adopted 05/28/92; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
(a) Tap-ins. No connection shall be made from individual properties to a City water main without payment of the required tap-in fee. Such connections shall be made and constructed in accordance with the provisions of this Chapter and the Water Utility Rules and Regulations.
(b) Tap-In Fees.
(1) Tap-in fees for connection to the City's water utility and inspection fees shall be as set forth in the City's Fee Schedule, Appendix A to the City Government Code.
(2) The fees set for tap-ins shall be based on the size of the required water meter. The inspection fee and any meter fee shall be paid at the same time as the tap-in fee.
(3) Tap-ins that are solely for fire suppression/fire sprinkler systems shall not be charged a tap-in fee, but shall pay an inspection fee.
(4) Tap-ins made by extraterritorial customers shall be at the current tap-in fee plus fifty percent (50%), in addition to the inspection fee and the meter fee.
(5) All fees shall be paid in full before any work is performed.
(c) Waiver of Tap-In Fees for Economic Development. For the purpose of encouraging new commercial and industrial development within the City, the waiver of all or any portion of the tap-in fees required under this section for economic development projects within the City may be granted as follows:
(1) For tap-in fees of $30,000 or less, the City Manager is hereby authorized to approve the waiver of all or any portion of the tap-in fee, by written administrative directive.
(2) For tap-in fees over $30,000, Council may approve the waiver of all or any portion of the tap-in fee, by resolution.
(3) Waiver of a tap-in fee shall not include waiver of the required plan review and inspection fee or meter fee.
(Ord. 80-28. Adopted 05/28/80; Ord. 06/72. Adopted 11/09/06; Ord. 08/04. Adopted 01/10/08; Ord. 12-08; Adopted 03/22/12; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
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