Town of Denton, MD Water

"May" is a permissive term.

"Shall" is a mandatory term.

§ 124-2 Minimum requirements.

Any items pertaining to water plumbing systems installed within the Town which are not specifically covered under this chapter shall meet or exceed the minimum provisions of the Plumbing Regulations of the State of Maryland. In case of conflict between this chapter and the plumbing regulations of the State of Maryland, the provisions of this chapter shall govern.

§ 124-3 Connections required; owner's expense.

Except as provided in Subsection G below, the owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley or right-of-way in which there is located a public water main of the Town, is hereby required, at his expense, to connect all inside water plumbing systems with the proper public water main in accordance with the provisions of this chapter within three months after date of official notice to do so, provided that said public water main is within 300 feet of the property line. If an owner of a house, building, or property used for the purposes above does not have fixtures or drains (including spigots or hydrants, toilets, and waste drains) or if the Town believes that the fixtures or drains are inadequate, the owner shall install adequate spigots or hydrants, toilets, and waste drains at his expense to the satisfaction of the Town.

Each mobile home and/or trailer unit used for residential or commercial purposes, and having domestic water and/or sanitary facilities therein, shall be considered a separate and independent building and, as such, shall have its own water plumbing system.

If an owner attempts to comply with Subsection A above and encounters conditions beyond the owner's reasonable control that make it impracticable to complete the required connection to the water main within the three-month time period provided, and if the owner provides evidence of the conditions to the satisfaction of the Town Council, the Town Council may grant a temporary waiver or extension of the time period for completion of the connection. The decision to provide a temporary waiver or extension is within the discretion of the Town Council.

The Town reserves the discretion to require that an owner comply as soon as practicable, notwithstanding the three-month time period above, if there is an existing privy, privy vault, septic tank, cesspool, drain, or other facility that the Town, the Health Department, or the Maryland Department of the Environment has determined is either failed or is failing that may impact the potable water on the property.

This section is supplemental to the authority vested in the Health Department and/or the Maryland Department of the Environment to regulate public or private water usage.

This section does not prohibit the Town from electing not to provide connections for improved or unimproved property for any reason.

This section does not apply to any owner with an executed annexation agreement that limits the requirement to connect to the public water. In such case, the terms of the annexation agreement govern.

Failure to comply with this section shall subject the owner to penalties pursuant to § 124-34 below.

§ 124-4 Use of wells or springs prohibited for potable use; restrictions for outdoor use.

Potable use prohibited. Except as provided below, no well or spring shall be drilled, used, or maintained on any property located within the Town for potable water use or consumption where the property is located within 300 feet of the public water main.

Outdoor or irrigation uses on residential property. No new wells shall be drilled for use by any residential dwelling unit (including any single-family or multifamily residence), for any purpose, including outdoor irrigation, gardening, or other uses incidental to any residential use. For residential properties with an existing well located on the property as of the effective date of this section, or for any residential property annexed into the Town of Denton after the effective date of this section, which is served by an existing well, the existing well may continue to be used for outside water supply purposes only, in accordance with the provisions of § 124-6 herein.

Outdoor or irrigation uses on agricultural or recreational property. For any property used for agricultural or recreational purposes (e.g., ballparks, public parks, etc.), the Town may permit a well to be drilled for outdoor uses or irrigation purposes in accordance with § 124-6 herein. For purposes of this section, "agriculture" shall have the same meaning prescribed by Chapter 128, Zoning, § 128-8, and is not intended to apply to any gardening, planting, or other outdoor activity that is incidental to a residential use.

§ 124-5 Abandoned wells to be capped and closed.

Except as hereinafter provided, after the commencement of public water supply service to a property previously served by a well, the well shall be abandoned and capped or closed in a manner satisfactory to the Town and in the timeframe required by the Town.

§ 124-6 Procedures for the use of wells.

Where an existing well is permitted to be used on residential property for outdoor use or irrigation purposes, or where a new well is permitted to be drilled for irrigation purposes in connection with agricultural or recreational uses in accordance with § 124-4 herein, the well shall be examined and the well water tested by the Caroline County Department of Health or the Town of Denton to determine whether the well is polluted or will be a menace to health. If the well will not create a threat to the public health, safety, or welfare, it may be used for outside water supply purposes, provided that it has been approved by any other state or governmental agency having jurisdiction over the same, and further provided that it is not physically connected to the inside water supply piping or water plumbing system or sewerage system. Should such a well be found to be polluted or a menace to health, it shall be abandoned and capped or closed in a manner satisfactory to the Town and in the time frame required by the Town.

§ 124-7 Permits required to construct or make connections.

No unauthorized person shall uncover, make any connections with, use, alter or disturb any public water main, water service or appurtenances thereof without first obtaining a written permit from the Town Council of Denton and/or the Superintendent and/or their duly authorized agent.

§ 124-8 Classes of building water service permits.

There shall be three classes of building water service permits: residential service, commercial service, and industrial service. In each case, the owner or his agents shall make application to the Town for a permit on a special form furnished by the Town. When requested, the permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town.

§ 124-9 Costs and expenses borne by owner.

All costs and expenses incidental to the installation and connection of the building water service shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building water service.

§ 124-10 Separate and independent building water service.

A separate and independent building water service shall be provided for every building, except as hereinafter provided in § 124-11 or except where one building stands at the rear of another on an interior lot, and no private water service is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. In the latter case, the building service from the front building may be extended to the rear building and the whole considered as one building service, provided that this shall only apply when both buildings have the same ownership.

In any case in which the Town of Denton Planning Commission has required that a commercial building maintain vegetative plantings, upon request by the property owner, the Town may permit a separate water meter to be installed for the irrigation system designed to support such plantings. When an irrigation meter is approved, the sewer charge for the meter shall be waived.

The Town may permit residential property owners to install a separate water meter exclusively for outside water usage. When a separate water meter for outside water usage is approved, the sewer charge for that meter shall be waived. The outside water meter shall be subject to the following conditions.

An outside separate water meter and access fee will be assessed. This fee shall be the equivalent of 1/2 of the capacity charge for water set by the Town Board.

The applicant will be assessed a fee for the cost of the second meter and meter pit. The fee will be as established by the Town Council.

Billing for an outside water meter shall be based on the usage rate established by the Town Council of Denton for the water system.

(4)

It shall be a municipal infraction for any property owner to misappropriate any outside water usage supplied by the Town.

§ 124-11 Property housing mobile homes, trailer units and multifamily dwellings.

The owner of a property housing mobile homes, trailer units and/or multifamily dwellings used for commercial or residential purposes and having domestic water and/or sanitary facilities therein shall have the options of:

Connecting all units or dwelling units to the public water main via a single building water service;

Connecting all units or dwelling units to the public water main via two or more building water services; or

Considering each unit or dwelling unit as a separate entity and connecting each unit or dwelling unit to the public water main via a separate and independent building water service.

The water rate structure established for use of the Town's public water mains will be such that revenue required from a property owner choosing either option in Subsection A(1) or (2) above will be equal to that revenue secured had each unit or dwelling unit been required to have its own separate and independent building water service.

§ 124-12 Connections made by authorized plumbers or contractor approved and authorized by Town.

All connections of building water services into the public water mains or public water services or installation of water meters shall be performed by a registered plumber, licensed by the Maryland State Board of Plumbing, or such other contractor as expressly authorized and approved by the Superintendent.

§ 124-13 Existing building water services.

Existing building water services may be used in connection with new buildings or with additions to existing buildings only when they are found, on examination and test by the Town, to meet all requirements of this chapter. If in the Town's discretion an existing building water service may not be used, the owner shall pay all costs and expenses to install a new building water service to provide service to the building or buildings.

§ 124-14 Materials of construction, methods, and specifications.

The size, depth, alignment and materials of construction of a building water service, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Town's Public Works Standard Specifications and Details for Public Works Construction, as that document may be amended from time to time, and the plumbing regulations of the State of Maryland. Any deviation from the prescribed procedures and materials must be approved by the Town before installation. Specific provisions of this chapter pertaining to the construction of building water services are indicated herein.

The building water service shall be at least as large as the public water service and larger if required by the water demand, length of service pipe and pressure available. It shall, in no case, be less than 1 1/4 inch in diameter.

§ 124-15 Excavations to be adequately guarded.

All excavations for building water service installation shall be adequately guarded with barricades and lights so as to protect the public from hazard or injury. Streets, sidewalks, parkways, and other public property shall not be disturbed in the course of the work without prior consent by the Town and shall be restored in a manner satisfactory to the Town at the property owner's expense. If restoration is not satisfactory, the Town may elect in its discretion to restore the street, sidewalk, parkway, and/or other public property and seek reimbursement from the appropriate party after the work is completed.

§ 124-16 Inspections; supervision of connections.

The applicant for the building water service permit shall notify the Town when the building water service is ready for inspection and connection to the public water service, and before the water service installation is backfilled or covered. The connection shall be made under the supervision of the Superintendent or other authorized Town representative. The applicant shall obtain the Superintendent's approval before backfilling or covering the water service pipe.

§ 124-17 Meters for water services.

Subject to §§ 124-10 and 124-11 above, each property owner shall install a water meter for each dwelling unit or building connected to the Town's water system. The water meter will remain under the ownership of, and will be maintained by, the Town as far as ordinary wear and tear are concerned. The property owner shall be responsible for any injury to, or loss of, the meter not caused by Town.

The Town will determine the size and type of any water meter and the type and location of the setting.

The meter housing or meter vault will be installed so that the top is on the ground surface of the permanent grade.

It shall be unlawful for any person not specifically authorized by the Town to interfere with, remove, replace, or tamper with a meter or a meter seal. Violations shall subject the responsible person to penalties pursuant to § 124-34 below.

No connection shall be made to any water service pipe between the water main and the meter, except such bypass as the Town may install. If such unlawful connection is found, the water house connection will be cut off at the main until such unlawful connection is disconnected and abandoned. Any expense to which the Town shall be subjected, due to the above work, shall be paid for by the owner before the service is restored. Violations shall also subject the responsible person to penalties pursuant to § 124-34 below.

Where the water meter fails to register the total amount of water used, the property owner shall pay for such period an estimated amount based on consumption in a similar period. The property owner shall at once notify the Town of any injury to, or any cessation in registration of, the water meter as soon as it comes to his knowledge. In case of a disputed account involving the accuracy of a water meter, such meter shall be tested, upon the request of property owner, in conformity with the provisions of the rules and regulations pertaining to water service utilities of the Public Service Commission of Maryland. In the event the water meter so tested is found to have an error in registration of 4% or more, the bills will be increased or decreased accordingly as provided by the aforesaid rules.

If water is supplied from the Town water system, then the number of gallons charged for in computing the sewer bill shall be determined from the reading of the water meter supplying the property owner. If water is supplied from a source other than from the Town water system, then the property owner shall install a water meter on each such source, and the reading of such meter shall be used in computing the sewer bill.

In addition to any penalties prescribed in § 124-34, and in addition to any other charges established herein or established elsewhere by Town ordinance for water or sewer services, any property owner who fails to install a water meter as required pursuant to this chapter within 30 days after written notice to the property owner by ordinary first-class mail at his address stated in the Town property tax rolls shall be liable to the Town for the following additional charges during such period until the water meter has been installed.

For water services: Charge as established by the Town Council.

For sewer services: Charge as established by the Town Council.

If a property owner has a peculiar or exceptional practical difficulty or exceptional hardship in installing a water meter as required under this chapter due to circumstances concerning a particular property, the Town may grant such property owner a variance in the installation of such water meter, but subject to such terms and conditions as the Town deems appropriate. Rates for properties receiving such variance shall be as set forth, from time to time, by further ordinance.

§ 124-18 Maintenance by Town and property owners; complaints.

The Town will maintain all water services from the street main to the property line.

All pipes and appurtenances on private property shall be maintained by, and at the expense of, the property owner. The Town, where it shall deem such action necessary, may do maintenance or repair work on private property, in which case the cost, including overhead expense, shall be paid by the property owner. Likewise, the cost of any work outside of the property line made necessary by the neglect or through the action of a property owner, tenant, or guest, or other agent of the property owner shall be charged to the property owner.

In the event of a complaint regarding a leak on a water service, the Town will determine if the leak is in the public way, in which case the leak will then be repaired by the Town. If it is found that the leak is not the Town's responsibility, the owner will be so notified, and it shall be his responsibility to have the leak repaired at once by a master plumber at the owner's expense. If the property owner fails to make such repairs within five days after written notification by the Town, the Town, in order to conserve water and protect the public health, will make such repairs as are necessary and will bill the owner for the costs of such work.

§ 124-19 Use of Town's water system; right to impose restrictions.

Water from the Town's system may be used for residential, business, industrial and public purposes. The Town reserves the right to impose at any time such restrictions on the use of water as, in its judgment, may appear necessary.

§ 124-20 Use of fire hydrants.

No person, other than an authorized employee of the Town or a member of a Fire Department acting under orders of his proper superior in the performance of his duties, may operate a public fire hydrant unless in possession of a permit from the Town to do so.

Public or private fire hydrants may not be used for flushing or for any other purpose except by special written permission of the Town, for the time and at the location specified. If such permission is granted, the water used shall be paid for by the user, who shall be charged for the water at the rate established by the Town Council.

Any violation of this section, including but not limited to the unauthorized use of water from a fire hydrant for any purpose, shall subject the responsible person to penalties pursuant to § 124-34 below.

§ 124-21 Approved water supply, plumbing fixtures and piping; inspection of systems.

All buildings or properties which are served with public water from the Town's system shall have approved water supply and plumbing fixtures and piping; where the same do not exist or are not of proper character, in the judgment of the Town, or are in a state of disrepair, they shall be provided, altered or repaired, as the case may be, in such manner as shall be required and within the time named, by notice served by the Town upon the property owner or occupant. No such building shall be hereafter erected in a location accessible to a public water main or sewer without being provided with adequate water supply and plumbing arrangements as required in this chapter.

The Town may at any time inspect existing plumbing systems and require such modifications as, in its judgment, may be necessary to put said plumbing in an approved, sanitary condition.

§ 124-22 Potable water supply systems; cross-connections.

Potable water supply systems shall be designed, installed, and maintained in such manner as to prevent nonpotable liquids, solids, or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system.

Piping conveying potable water shall be constructed of nontoxic material. No chemicals or other substances that could produce either toxic conditions, taste, odor, or discoloration in a potable water system shall be introduced into or used in such systems. The interior surface of a potable water tank shall not be lined, painted, or repaired with any material which will affect either the taste, odor, color or potability of the water supply when the tank is placed in or returned to service.

No physical connection or cross-connection shall be permitted between the public water supply and an industrial, fire or other auxiliary or emergency water supply source. This prohibition applies to all piping systems, whether inside or outside of any building or buildings.

Backflow or back-siphonage.

No plumbing fixture or device shall be installed which will provide a cross-connection between the Town's water supply and a drainage or sewerage system so as to permit or make possible backflow into the Town's water supply system; nor shall any such plumbing fixture or device be installed which will provide a possible cross-connection between the Town's water supply system and any well, spring, cistern, river or other private source of water supply. No water closet bowl shall be supplied directly from a domestic water supply system through a flush valve unless such valve is set above the water closet bowl in a manner so as to prevent any possibility of polluting the water supply and the valve is protected by an approved air-break or backflow preventer. The owner of a property with such fixture or device shall remove the fixture or device if directed to do so by the Town, within the timeframe established by the Town and at the owner's expense. If the property owner fails to comply, the Town may elect in its discretion to remove the fixture and device and seek reimbursement from the appropriate party after the work is completed.

In order to prevent back-siphonage, all heating plants connected to the water system shall have a Town-approved check valve installed on the waterline supplying the plant, and the check valve shall be installed ahead of the plant's automatic water feeder or ahead of the boiler shutoff valve.

All humidifiers or similar devices having the water inlet below the overflow level shall be equipped with a Town-approved nonsiphon ball cock.

(4)

Water which has been used for cooling or heating purposes shall not be reused for domestic purposes.

(5)

The owner of any property connected to the Town's potable water supply lines shall, if directed by the Town, install a backflow device to prevent any cross-contamination of the water system, within the time frame established by the Town and at the owner's expense.

Town inspections of backflow devices or cross-connections.

The Town or other duly authorized employees or representatives of the Town are authorized to obtain, and the owner or responsible person of a property shall provide, documentation or information concerning the installation and/or maintenance of backflow devices which have a bearing on the Town's potable water supply lines.

APPROVED KITCHEN SINK FAUCET FOR PRIVATE USE

The Town or other duly authorized employees or representatives of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspecting potential cross connections with the Town's potable water supply lines and for the purpose of inspecting a backflow device installed on the property.

Soda, bar, laboratory, dental, medical, surgical, and other appliances requiring either a waste or water supply connection are plumbing fixtures, and no such fixture may be connected to either a waste or water supply unless the said fixture is approved as free of any possibility of cross-connection or back-siphonage. Dental, surgical, or other aspirators shall not be of the type operated by water pressure, unless equipped with a Town-approved vacuum-break device.

Failure to comply with any part of this section will result in a fine and/or other enforcement pursuant to § 124-34 below.

§ 124-23 Swimming pool connections.

No direct connection shall be made from a swimming pool to the water supply piping of any building.

There shall be no direct connection between any domestic water supply line and any circulating pump, filter, water softener or other apparatus or device that comes in contact with water in or from a swimming pool. The potable water supply inlet to the make-up tank or pool shall be located above the extreme overflow level in such a manner as to prevent water from the tank or pool from entering the potable water supply line.

Water discharged from a public or private pool is not allowed in the storm drain or sewer system and shall be maintained on the owner's property and not allowed directly in the street.

§ 124-24 Water conservation requirements.

In general. For the purpose of this section, the following words have the meaning indicated:

Any faucet using no more than 2.5 gallons per minute, with the rate based on a pressure at the fixture of not more than 60 pounds per square inch under no-flow conditions.

APPROVED LAVATORY SINK FAUCET FOR PRIVATE USE

Any faucet using no more than 2.0 gallons per minute, with the rate based on a pressure at the fixture of not more than 60 pounds per square inch under no-flow conditions.

APPROVED SHOWER HEAD

Any automatic flow shower head using no more than 2.5 gallons of water per minute, with the rate based on a pressure at the fixture of not more than 60 pounds per square inch under no-flow conditions.

APPROVED SINK FAUCET FOR A PUBLIC FACILITY

Any faucet with spring-loaded valves or other devices that stop the flow of water upon release of the handle or that stop the flow of water after not more than 1.0 gallon of water has flowed through the fixture.

APPROVED URINAL

Any single flush-type urinal using not more than 1.5 gallons of water per flush, with the rate based on a pressure at the fixture of not more than 60 pounds per square inch under no-flow conditions.

APPROVED WATER CLOSET

Any water closet using not more than 1.6 gallons of water per flush, with the rate based on a pressure at the fixture of not more than 60 pounds per square inch under no-flow conditions.

BUILDING

Includes any building or structure the initial construction of which commenced on or after the effective date of this section.

CONSTRUCTION

The building, inspection and supervision of new structures and the installation of equipment required in connection with the new structures.

ENGINEER

The Town Engineer.

LOCAL PLUMBING INSPECTION

Inspection by the appropriate agencies or units of the Town which inspect the installation of plumbing fixtures and devices and water, drainage, and sewage systems.

REMODELED

The complete reconstruction, relocation, or addition of a whole plumbing system to another part of a building.

Required water-conserving fixtures and devices. Except as provided under Subsection D, the following fixtures or devices shall be installed, as necessary, in buildings constructed or remodeled after the effective date of this article:

Approved water closets in every building.

Approved showerheads in every building.

Approved sink faucets for private residences and in buildings with restrooms not intended for public use.

(4)

Approved sink faucets for a public facility in buildings with restrooms intended for public use.

(5)

Approved urinals for buildings intended for public use.

Excessive pressure. When street main pressure exceeds 60 pounds per square inch, an approved pressure-reducing valve and an approved relief device shall be installed in the water service pipe near its entrance to the building to reduce the water pressure to 60 pounds per square inch or lower. Pressure at any fixture shall be limited to no more than 60 pounds per square inch under no-flow conditions.

Enforcement suspended. Enforcement of this section may be suspended by the Town Engineer for a specified period of time if it is determined by the local plumbing inspectors that:

There is an inadequate supply of approved water closets, approved sink faucets or approved showerheads, or water-conserving devices intended for attachment to water closets, sink faucets or showerheads to allow the fixtures to qualify as approved fixtures, under Subsection A; or

The configuration of a drainage system for a building requires a greater quantity of water to adequately flush the system than is delivered by approved fixtures; or