|
Town of Elkton Town Code
|
|||||||||||||||||
![]() |
|||||||||||||||||
|
|
|||||||||||||||||
|
|
|||||||||||||||||
|
CHAPTER 170 WATER AND SEWERS
ARTICLE I General Provisions § 170-1. Sewer connection or sanitary closet required. § 170-2. Sanitary closet required for recreation or construction camp. § 170-3. Endangering drinking water by disposal of human excrement. § 170-4. Depositing human excrement upon ground. § 170-5. Indemnification of state highway department by Town. ARTICLE II Water System § 170-6. Supervision and control. § 170-7. Responsibility for enforcement of local and state laws. § 170-8. Water connections; conditions. § 170-9. Separate connections and meters. § 170-10. Water connections inside and outside Town limits. § 170-11. [Repealed 1-15-2007]. § 170-12. Unauthorized use of fireplug or hydrant. § 170-13. Right of entry of Town Manager. § 170-14. Bathing in reservoir. § 170-15. Pollution of reservoir. § 170-16. Unauthorized entry of reservoir enclosure. § 170-17. Obstruction of waterworks fixtures prohibited. § 170-18. Removing or injuring parts of water system prohibited. § 170-19. Opening pipes so as to waste water. § 170-21. Turning on water to house or private service. § 170-22. Water main construction. ARTICLE III Sewer System § 170-24. Purposes of sanitary sewers. § 170-25. Sewer service outside the Town. § 170-26. Sewer connections to be in accordance with chapter. § 170-27. Sewer connection required; conditions. § 170-28. Application for sewer connection and sewer service. § 170-29. Connection charges within Town. § 170-30. Connection charges outside Town. § 170-31. Subdivisions inside Town. §170-32. Sewer service to commercial users discharging chemicals. § 170-33. Discharge into house sewer prior to completion. § 170-34. Discharge of hot water into sewer. § 170-35. Connection of downspouts with sewer. [Amended 12-18-2000] § 170-36. Sewer connection cleanout services. [Amended 2-23-2005] § 170-37. Sewer main construction. [Amended 2-23-2005] § 170-38. Metering of water furnished by Water Department. § 170-39. Tampering with water meter. § 170-40. Collection of charges by Treasurer. ARTICLE V Assessments for Local Improvements § 170-43. Adoption of procedures. § 170-44. Procedure for ordering improvements. ARTICLE VI Enforcement § 170-45. Violations and penalties.
ARTICLE I General Provisions § 170-1. Sewer connection or sanitary closet required. It shall be unlawful for any house or other building to be used as a human habitation in the Town, to occupy or rent or lease the same for occupancy or to permit the same to be occupied, unless and until such house or building shall be properly connected with the Town sewer system, if available, or be provided with a sanitary closet connected with a sewer system or septic tank. § 170-2. Sanitary closet required for recreation or construction camp. It shall be unlawful for any person to maintain or to rent or lease any recreation or construction camp or camping place for tourists or to use any building or tent for protracted meetings, until such camp, camping place, building or tent is supplied with sanitary closets connected with a sewer system or septic tank. § 170-3. Endangering drinking water by disposal of human excrement. No person shall maintain or permit on premises owned by him or her, within the Town, any arrangement for the disposal of human excrement which may possibly endanger a source of drinking water or be accessible to flies or animals. § 170-4. Depositing human excrement upon ground. No person shall deposit human excrement upon the surface of the ground or other place within the Town where it may be exposed to flies or animals. § 170-5. Indemnification of state highway department by Town. [Amended 12-18-2000] In the event the Town obtains a permit from the Virginia Department of Highways for the purpose of installing, constructing, maintaining or operating its public works, along or over said department's highway rights-of-way and a condition of such permit is that the Town shall indemnify the Commonwealth of Virginia for all damages and injuries to persons or property lawfully thereon, then the Town agrees to indemnify and save harmless said commonwealth from any loss, damage or injury a aforesaid. ARTICLE II Water System § 170-6. Supervision and control. [Amended 2-23-2005] The water system of the Town shall be under the immediate supervision of the Town Manager, or his/her designated representative, and the Committee on Sewer and Water. The Town Manager or his/her designated representative shall exercise immediate control of the water system. § 170-7. Responsibility for enforcement of local and state laws. The Committee on Sewers and Water shall see that all provisions of this chapter and other ordinances of the Town and state law, the general object of which is to safeguard public health against injurious effects arising from impurities, contamination, insanitary or other objectionable conditions affecting the water supply of the Town, are strictly enforced. § 170-8. Water connections; conditions. [Amended 2-23-2005] All connections to the Town water system shall be made as provided in this chapter and only upon approval of the Town Manager or his/her designated representative. The owner of each lot or parcel of land which abuts a street or other public right-of-way which contains or is adjacent to an easement containing a water main or water system and upon which a building has been constructed for residential, commercial or industrial use, shall connect the building with the water main at the owner's expense in accordance with the provision of this chapter. The aforementioned shall not apply to an existing building now having an approved well. However, the well must be tested every year to ensure it meets Department of Health standards for drinking water. These tests must be filed with the Town, and if the well ever fails a test the owner may be required by Town Council to connect to public water. § 170-9. Separate connections and meters. Each individual residence or property shall be required to have a separate connection and meter unless otherwise authorized by the Council. § 170-10. Water connections inside and outside Town limits. [Amended 1-15-2007] (a) The owner or his agent (the Applicant) of a parcel of land located within or without the corporate limits of the Town of Elkton may apply to the Director of Public Utilities of Elkton (the Director) for a permit to connect to the Town's potable water system. Prior to applying for a permit from the Town, if the Applicant's land lies outside the corporate limits of the Town of Elkton, the applicant shall obtain at least preliminary approval from the County of Rockingham for the development project. Preliminary approval may take whatever form is acceptable to both the County and the Director, and need not commit the County to final approval. Such evidence of County approval shall be submitted with the application to the Town. Water connection permit applications shall include (i) the estimated average daily demand, (ii) peak instantaneous demand, and (iii) fire flow demands. (b) Where the intended use of the Applicant's land is residential involving four (4) or fewer units, the Director shall either approve or reject the application. Where there is any other intended use the Director shall forward the permit application to the Planning Commission for its recommendation. After consideration by the Commission, the permit application shall be forwarded to the Town Council, with the recommendations of both the Commission and the Director for final approval or rejection. (c) Prior to acting on the application, for residential project of five (5) or more units, and for all other categories of projects, the Director shall require, and for residential projects of four (4) or fewer units the Director may require, that the Applicant submit appropriate engineering reports or studies that demonstrate the anticipated impact on the town's water system, along with any recommendations for changes or additions to the Town's infrastructure indicated because of the proposed new connections. All engineering studies and reports shall be paid for by the Applicant. (d) All infrastructure, whether it be an extension to a main, or a new service line or lateral, shall be installed in accordance with the Town's design and construction standards at the Applicant's expense. Once installed by the Applicant and accepted by the Director, water lines up the meter shall be the property of the Town. The Applicant shall provide all reasonably required easements, at the Applicant's expense. (e) Any permit issued under this provision shall expire if (i) construction on the unit for which it was issued is not commenced within three (3) months of the date of issuance, or (ii) if the building permit issued by Rockingham County is canceled or expires for any reason, but (iii) shall expire in any event at the expiration of eighteen (18) months after the date of issuance if the project is not completed. Once a permit expires a new permit must be obtained by filing a new permit application and paying all fees and charges at the then current rates. (f) Terms of this Section may be modified on a project by project basis only by the Town council acting to approve a contract with a specific developer by ordinance. Contracts between the Town and a specific developer already approved and signed prior to the date of enactment of this amended Section are hereby reaffirmed and ratified as if so approved. (g) Permits issued under this Section are non-transferable. (h) The Director may charge a reasonable fee to cover time and expenses of processing the application. (i) A "main" is a water line that serves more than one customer. A "service line" is a water line proceeding from a main that serves one customer.
§ 170-12. Unauthorized use of fireplug or hydrant. [Amended 2-23-2005] No person who is not a member of the Fire Company shall use or manipulate, unless by order of the Town Manager or his/her designated representative or Fire Chief, any of the fireplugs or hydrants of the Town.
Every person occupying a lot or tenement into which water is conveyed, from the Town water system, shall permit the Town Manager or his/her designated representative to enter such lot or tenement, at reasonable hours, to inspect the work therein or to see if the provisions of this chapter and other ordinances of the Town relative to the water system are being or have been violated. § 170-14. Bathing in reservoir. No person shall bathe in the reservoir or springs of the Town water system. §170-15. Pollution of reservoir. No person shall deposit any offensive matter or any stick, mud or rubbish in the reservoir or springs of the Town water system. No person shall knowingly or willfully cast any dead animal or any other noxious substance or matter, or what is commonly known as "bait," into any of the streams, springs, reservoirs, or other sources of the Town water supply, nor drown and leave, or cause to be drowned and left, any animal therein, or do any other similar act by reason of which the health of any person is affected, or the water supply of the Town is rendered impure or offensive. § 170-16. Unauthorized entry of reservoir enclosure. No person shall, without lawful authority, climb over or get through or break into the enclosure of the reservoir or springs of the Town water system. § 170-17. Obstruction of waterworks fixtures prohibited. No person shall place any building material, rubbish or other matter at the stopcock, street main or service pipe or obstruct access to any fixture connected with the waterworks. § 170-18. Removing or injuring parts of water system prohibited. No person shall remove or injure any pipe, fireplug, hydrant, cock or other part of the Town water system. § 170-19. Opening pipes so as to waste water. No person shall open any pipe, fireplug, hydrant, cock or other part of the Town water system so as to waste water. § 170-20. Cross connections. [Amended 2-23-2005] No person shall make or permit to be made to the Town water system or to any private waterline connected thereto, any connection from a private well, reservoir, spring or other private source of water supply, whether such connection be made on or off the property of such person; provided, however, that the Town Manager or his/her designated representative may allow such cross connection to be made, where in his or her judgment, no contamination of the Town water supply will result therefrom. In no case, however, shall any such cross connection be made, except under the authority of a written permit from the Town Manager or his/her designated representative, and except further in 'accordance with plans and specifications approved by the Town Manager or his/her designated representative. All such cross connections, where made, shall be inspected and approved from time to time by the proper officials of the Water Department of the Town. The Town Manager or his/her designated representative shall have power to revoke the permit allowing such cross connections at any time such cross connection does not pass inspection, or it is to the best interests of the public that such cross connection be discontinued. § 170-21. Turning on water to house or private service. [Amended 2-23-2005] Water shall not be turned on in any house or private service except by the order of the Town Manager or his/her designated representative; provided, however, that this section shall not be construed to prohibit duly licensed and bonded plumbers from turning water into any such pipes to test same or for purposes of testing the plumbing connected thereto. § 170-22. Water main construction. [Amended 2-23-2005]
Sewer System For the purposes of this chapter, the following terms shall have the meanings indicated:
The system of sanitary sewers is for collecting, carrying and disposing of domestic sewage. It shall be unlawful to use the house sewer for any purpose other than the collecting, carrying and disposing of domestic sewage. § 170-25. Sewer service outside the Town. The Town may furnish sewer service outside the Town limits if requested and approved by Council. § 170-26. Sewer connections to be in accordance with chapter. [Amended 2-23-2005] All connections to the Town sewer system shall be made as provided in this chapter and only upon order of the Town Manager or his/her designated representative. § 170-27. Sewer connection required; conditions. [Amended 2-23-2005] The owner of each lot or parcel of land which abuts a street or other public right-of-way which contains or is adjacent to an easement containing a sanitary sewer system which is a part of or may be served by such sewer system and upon which a building has been constructed for residential, commercial or industrial use shall connect the building with the sanitary sewer, provided that such owner can make such sewer connection within 150 feet of the premises and provided further that no person shall be required to cross the private property of any other person to make such connection. The aforementioned shall not apply to an existing building now having a serviceable septic tank. However, if said serviceable septic tank fails at any time to meet the applicable standards established by the Virginia Health Department, the owner shall also provide to the Town Council a written plan for bringing the septic tank back into compliance or apply for connection to the public sewer system within 15 days. Owners exempt from a sanitary sewer system connection, as described above, may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge imposed by the Town Council. § 170-28. Application for sewer connection and sewer service. [Amended 1-15-2007] (a) The owner or his agent (the Applicant) of a parcel of land located within or without the corporate limits of the Town of Elkton may apply to the Director of Public Utilities of Elkton (the Director) for a permit to connect to the Town's sanitary sewer system. Prior to applying for a permit from the Town, if the Applicant's land lies outside the corporate limits of the Town of Elkton, the applicant shall obtain at least preliminary approval from the County of Rockingham for the development project. Preliminary approval may take whatever form is acceptable to both the County and the Director, and need not commit the county to final approval. Such evidence of County approval shall be submitted with the application to the Town. (b) Where the intended use of the Applicant's land is residential involving four (4) or fewer units, the Director shall either approve or reject the application. Where there is any other intended use the Director shall forward the permit application to the Planning Commission for its recommendation. After consideration by the Commission, the permit application shall be forwarded to the Town Council, with the recommendation of both the Commission and the Director for final approval or rejection. (c) Prior to acting on the application, for residential projects of five (5) or more units, and for all other categories of projects, the Director shall require, and for residential projects of four (4) or fewer units the Director may require, that the Applicant submit appropriate engineering reports or studies that demonstrate the anticipated impact on the Town's sanitary sewer system, along with any recommendations for changes or additions to the Town's infrastructure indicated because of the proposed new connections. All engineering studies and reports shall be paid for by the Applicant. (d) All infrastructure, whether it be an extension to a main, or a new lateral, shall be installed in accordance with the Town's design and construction standards at the Applicant's expense. Once installed by the Applicant and accepted by the Director, sanitary sewer lines up to the laterals shall be the property of the Town. The applicant shall provide all reasonably required easements, at the Applicant's expense. (e) Any permit issued under this provision shall expire if (i) construction on the unit for which it was issued is not commenced within three (3) months of the date of issuance, or (ii) if the building permit issued by Rockingham County is canceled or expires for any reason, but (iii) shall expire in any event at the expiration of eighteen (18) months after the date of issuance if the project is not completed. Once a permit expires a new permit must be obtained by filing a new permit application and paying all fees and (f) Terms of this Section may be modified on a project by project basis only by the Town Council acting to approve a contract with a specific developer by ordinance. Contracts between the Town and a specific developer already approved and signed prior to the date of enactment of this amended Section are hereby reaffirmed and ratified as if so approved. (g) Permits issued under this Section are non-transferable. (h) The Director may charge a reasonable fee to cover time and expenses of processing the application. (i) A "main" is a sanitary sewer line that serves more than one customer. A "lateral" is a sanitary sewer line proceeding from a main that serves one customer.
§ 170-29. Connection charges within Town. [Amended 5-18-1987]
Before a connection to the Town sewer system is made outside the Town, the applicant for a connection to the Town sewer system shall pay to the Town Treasurer a connection fee in an amount determined by the Town Council. Applicant shall install at his or her expense the connecting line to existing available Elkton sewer lines. The installation must meet Town requirements and becomes Town property when connected to the Town lines; provided, however, that if it is in the best interest of the Town to extend existing sewer line partly or wholly at Town expense, it may enter into agreements with individuals landowners or developers whereby such extensions of existing sewer lines shall be accomplished and the costs thereof shared as mutually agreed; or, in the proper case, the Town Council may resolve to extend the Town sewer system wholly at Town expense. In determining the best interests of the Town, the Council shall consider:
Sewer service to commercial users, either within or without the Town, discharging chemicals into the sewer collecting system shall be a matter of negotiation between the commercial user and the Town Council. § 170-33. Discharge into house sewer prior to completion. No discharge shall be made into any house sewer before it is completed and connected to the sewer main. § 170-34. Discharge of hot water into sewer. Neither the exhaust, the blowoff, drip pipe or sediment from any boiler, nor the discharge of large volumes of hot water from any source, shall be discharged into the sewer. Such pipes may first discharge into a basin properly tapped and vented which, after being relieved of sediment, pressure or high temperature, may discharge into the Town sewer. Water over 130° F. shall not be admitted into the Town sewer. Any damage, such as a cracked sewer pipe, resulting from admitting water or sewage exceeding this temperature shall be repaired at the total expense of the violator. § 170-35. Connection of downspouts with sewer. [Amended 12-18-2000] No downspout, basement or surface drain from any building or area shall be connected to any sanitary sewer. § 170-36. Sewer connection cleanout services. [Amended 2-23-2005] Upon request, the Town will provide a cleanout service for private sewer connections in accordance with rules and regulations established by the Town Manager or his/her designated representative. A private sewer connection is determined to be the connection from the main line to the structure owned or occupied by the sewer service customer. When it is determined by the Town Manager or his/her designated representative that stoppage of the sewer connection is the responsibility of the customer, a special charge for these cleanout services shall be made in accordance with rates set and established by the Council. A copy of such schedule of rates and a copy of such rules and regulations shall be maintained in the office of the Town Manager or his/her designated representative and in the Treasurer' s office and shall be available for public inspection during working hours. Billing for sewer cleanout services shall be made and included on the customer' s water and sewer bill, and provisions relating to the imposition of penalties and termination of service for nonpayment set out elsewhere in this chapter shall be applicable to the sewer connection cleanout services charge. § 170-37. Sewer main construction. [Amended 2-23-2005]
Charges § 170-38. Metering of water furnished by Water Department. All water furnished by the Water Department of the Town shall be, wherever practicable, measured by meters furnished and installed by the Town for that purpose. Such water meters shall be the property of the Town and shall be, unless otherwise authorized by the Town Superintendent, placed as near the curb line as possible and on property owned by the Town. § 170-39. Tampering with water meter. No person shall tamper with a water meter, or use, or cause to be used, any device whatsoever, so as to injure the same, or as to prevent or interrupt the proper and accurate registering by it of the quantity of water from the Town water system used or supplied. § 170-40. Collection of charges by Treasurer. The Town Treasurer shall collect all charges made for water and sewer service furnished and supplied by the Town to its consumers. § 170-41. Rates for water and sewer sold by town inside and outside the town. [Amended 10-21-1985; 5-18-1987] Monthly charges for water and sewer furnished and supplied by the Town of Elkton shall be determined by the Town Council, and subject to rules and regulations adopted therewith. § 170-42. Meters reading; water and sewer bills; penalty; disputing correctness of bills; right of hearing and appeal.
Assessments for Local Improvements § 170-43. Adoption of procedures. The following procedures for the imposition of taxes or assessments upon abutting property owners for making, improving, replacing or enlarging the walkways upon existing streets; for improving and paving existing alleys; for either the construction or the use of sanitary or storm water sewers, including retaining walls, curbs and gutters; for the construction, replacement or enlargement of sidewalks, waterlines, sanitary sewers or storm water sewers; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, including but not limited to benches or waste receptacles, are hereby adopted. § 170-44. Procedure for ordering improvements. Whenever any of the foregoing local improvements is desired, the same shall be done and the cost thereof shall be borne in accordance with the provisions of this chapter and the same shall be ordered done only as hereinafter set out:
Enforcement § 170-45. Violations and penalties. It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed six months, or both. Each day any violation of this article shall continue shall constitute a separate offense.
|
|||||||||||||||||
|
|
|||||||||||||||||
|
|
|||||||||||||||||