A. 
By petition. Property owners abutting public or traveled ways in which there is no water main pipe or in which the existing main is not considered adequate and who desire a new water main or extension of an existing main shall petition the Board for such installation no later than 90 days before the next regular Town Meeting or Special Town Meeting called for this purpose. The petition shall contain the names, addresses and signatures of all property owners requesting the extension.
B. 
Action by Board on petition. Upon the request of any such petition, the Board will determine the locations, specifications, size and amount of pipe, and required appurtenances and estimate the cost of the proposed water main. The Board will draft a proper article or articles providing for installation and financing of the proposed water main and will present said article to the petitioners no later than 30 days before the Town Meeting, so that the petitioners can properly insert the article or articles in the Town Meeting warrant. The Board will also notify the Town Finance Committee of such action, together with its recommendation of approval or disapproval of the article. Recommendation for approval will be based on the number of petitioners, the benefit of the proposed water main to the system, anticipated revenue, available finances and the degree to which the proposed water main is required in the interest of health and safety. In certain instances, where the cost of the main is small and Department finances are available, the Board may include the installation and expense of the proposed water main as part of a general article to be inserted in the warrant for Department construction.
C. 
Mains installed by Board. With or without petition by property owners, the Board may initiate action at any time to install new or additional water mains to any public way or in any right-of-way or easement obtained for such purpose and whenever it sees fit that such mains are necessary for the improvement, reinforcement, or satisfactory operation of the water supply system. In such cases, the Board will draft the necessary special articles or include the proposed construction as part of a general article for Department construction, all as may be necessary under the law for insertion in the Town Meeting warrant.
D. 
Approval by Town Meeting. Approval of all articles providing for the installation and financing of water mains and appurtenances in public ways or easements, as described in Subsections B and C, will be by a majority vote of the Town Meeting.
A. 
By application. Each property owner or his authorized agent requiring installation of water mains and appurtenances in private property or in private developments of any kind shall notify the Board of his intentions, request a copy of these rules and regulations and necessary application form, and thereafter proceed in strict accordance with these rules and specifications. The owner shall submit his application to the Board for approval, accompanied by a layout plan and cash deposit or certified check to cover engineering services, all the details of which follow.
B. 
Application form. On the prescribed application form, the owner or his authorized agent shall request permission to construct waterworks utilities in specific locations and furnish a detailed description of the proposed work, the materials to be used and name of contractor to be employed to do the work. Application forms shall be as shown in Appendix B of these regulations[1] and must be signed by the owner or his authorized agent agreeing to follow the Water and Sewer Commission rules, regulations and specifications and delivered to the office of the Commissioners, Tower Way, or P.O. Box 1108, Marblehead, Massachusetts.
[1]
Editor's Note: The application form (Appendix B) is available at the Town offices.
C. 
Plan. Each application must be accompanied by a plan showing the general layout of the property and the specific locations and details of all waterworks utilities proposed for construction, including the size, length and location of each water main, hydrant and valve locations, service connections, appurtenances and specifications of materials to be utilized. Approval by the Board of the accompanying plan and specifications as meeting the following requirements of the Board and these regulations and specifications shall be requisite for approval of the application.
(1) 
The proposed street layout shall be approved by the Board of Survey. In developments, mains must be provided in all streets, extended to the limits of the development and connected to all existing mains in boundary streets and, if necessary, through easements provided by the owner for the elimination of dead-end water mains. Services shall be provided for all indicated lots. Minimum size of water mains shall be eight inches in diameter. Should the Board deem it in the best interest of the water system to install pipe larger than eight inches in diameter at any location, the owner will be directed to install the larger pipe, and the Board will pay the difference in cost between furnishing and installing eight-inch pipe and the larger size pipe. All materials shall be as specified in Article V.
(2) 
The owner or applicant shall accept as final the interpretations and decisions of the Board relative to the size of pipes, amount of pipe, fire protection and connections to existing mains on boundary streets which the Board deems as necessary in the best interest of the Town.
D. 
Deposit to cover engineering.
(1) 
Each application, as a requisite for approval by the Board, shall be accompanied by a cash deposit or certified check made payable to the engineer and in the name and amount designated by the Board, such deposit to pay for the engineering services required by the Board for the proposed construction. The amount of the required deposit will be estimated by the Board based on the actual salaries of the persons employed.
(2) 
Charges for engineering services will be made on the basis of total length of water main to be installed and the estimated time for completion of the installation. Any difference between the required cash deposit and the actual engineering charges as specified above will be adjusted following completion of the work, and any excess of deposit over actual charge will be returned to the applicant upon acceptance of the work by the Board. Any excess of actual charge over the deposit must be paid by the applicant. Statements of charges and deposit balances will be provided as requested by the engineer.
E. 
Basis of approval by Board. Approval by the Board of any application will be subject to the applicant having complied with these regulations and with all requirements of the Town bylaws, rules, regulations and ordinances relating particularly to the development of land for building purposes. The Board reserves the right to refuse all such applications it deems in the public interest to do so.
F. 
Construction. Construction of waterworks utilities in private property and developments shall not begin until the owner's application is approved by the Board and until roadways have been developed at least to subgrade. Thereafter, construction shall proceed in accordance with the plans and specifications approved with the application. The applicant shall notify the engineer at least 24 hours in advance of construction and shall allow access to the site by the engineer and the Department at all times for the purpose of observing the installation of the water mains. There shall be no departures from the approved plans and specifications unless approved by the engineer and the Department. Unauthorized departures from plans or specifications, unsatisfactory work on the installation and unapproved materials may result in action by the Department to disconnect the new mains from the existing system. Refusal by the Board to accept the work shall remain in force until satisfactory action has been taken by the owner to correct the situation.
G. 
Connection to existing mains. The owner shall furnish all materials which must be approved by the Board and do all excavation required to connect the proposed work to the existing mains. The Department will perform the work of installing the necessary fittings and making the actual connections at the existing mains, in accordance with a current schedule of services or on the basis of the cost of labor and materials. The owner shall then begin to install the proposed work from the fitting installed by the Department.
H. 
Service connections. In general, the owner shall install all service connections from the corporation to all of the lots contained in the development or private property. Before finished road surfaces are constructed, in accordance with Articles III and V of these regulations, the installation shall be subject to all ordinances relative to the development of land for building purposes as a condition of acceptance of the proposed rights-of-way. The Department will install a corporation cock on the main in a satisfactorily prepared excavation by the owner. The owner will be charged for this installation in accordance with the above-mentioned schedule. Should variances from this requirement be permitted by the responsible authorities, the owner may construct the finished roadways and do all other work required for acceptance prior to the development of all the lots. In such cases, the owner shall install service connections only to lots developed or in the process of development prior to construction and acceptance of the roadway.
(1) 
Service connections required for the remaining lots, when developed, will be installed by the Department in accordance with Article III of these regulations.
(2) 
The cost of all such service connections made by the Department will be charged to the owner of record of the lot, as detailed in Article III, and the Department will not be responsible or liable for any understanding or agreement relative to payment of service connection costs between the original owner (developer) and the purchaser of the lot (owner of record). The original owner or developer shall make the information contained herein available to all prospective purchasers of lots.
I. 
Costs. The owner shall bear all costs, including engineering costs, in connection with the installation of the proposed and approved waterworks utilities in private property or developments except for the extra cost of installing mains greater than eight inches in diameter.
J. 
Water mains in private property by action of Board. The regulations of this section are not intended to cover or limit the installation of water mains and waterworks utilities in private property as authorized and initiated by the Board to reinforce the water system or for any other reason it may deem necessary. Such mains shall be installed in accordance with § 268-13C.
K. 
Responsibility. The owner will supervise and direct the work and will be responsible for the means, methods, techniques, sequences and procedures, including safety for workers and public safety at the work site.