[HISTORY: Adopted by the Town Council of the Town of Wolcott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-1988 by Ord. No. 61]
It is the purpose of this article to provide for the levying
of per-foot benefit assessments upon land and/or buildings in the
Town of Wolcott which are benefited by the extension of water mains,
which may be funded, in part, by the Town of Wolcott, as determined
by ordinance of the Town Council, and to provide for and further define
the authority of the Wolcott Sewer and Water Commission regarding
water main extensions and water system operation pursuant to the provisions
of Sections 7-234 through 7-244a, inclusive, of the Connecticut General
Statutes. Said assessments shall include areas within the Town of
Wolcott used for industrial or commercial purposes and partly for
industrial or commercial purposes and partly for residential purposes
or into residential areas or into areas zoned for residential use,
pursuant to the provisions of Sections 7-137c, 7-137d and 7-139 through
7-145, inclusive, of the Connecticut General Statutes, as amended.
When appropriating such funds, the procedure herein set forth shall
be followed.
A.
COMMERCIAL USE
INDUSTRIAL USE
INSPECTOR
MAIN
MAY
OPEN SPACE OR FARM LAND USE
OTHER USE
PERMIT
RESIDENTIAL USE
RULES AND REGULATIONS
SEWER AND WATER COMMISSION
SHALL
TOWN ENGINEER
WATER MAIN SYSTEM
WATER SYSTEM OPERATOR
For the purpose of this article, the following terms shall have the
meanings indicated:
Any use of a structure as a place for the exchange of commodities,
services or commercial recreation activities.
Any use of a structure as a place to manufacture, fabricate,
repair, build, package, assemble, store, demolish, process or transform
the quality or state of any goods.
Any employee, agent, or officer of the Town assigned by the
Sewer and Water Commission to examine and test material and work furnished
by a contractor, to observe the construction of a water main or water
service or any appurtenance, to assist the contractor in the clarification
of specifications and methods of construction, to make measurements
and keep records, to report to the Engineer and Sewer and Water Commission
on the performance and progress of the contractor relative to the
work, all as and only as instructed by the Engineer and Sewer and
Water Commission. No inspector shall act as assistant to or foreman
for a contractor. Inspectors shall have no power to waive specifications
of these rules and regulations or to otherwise deviate from the original
covenants of any agreements or contracts.
A pipe carrying potable water for general distribution and
located within a Town right-of-way or property or located within property
to become a Town right-of-way or property.
Is permissive.
An open space or farm land use of any vacant property that
is covered by Section 12-107b of the Connecticut General Statutes.
Any use which cannot be defined under this article as a residential,
commercial, industrial or open space or farm land use.
The document issued by the Sewer and Water Commission to
a duly authorized contractor authorizing extension of mains or connection
of private water service. A permit binds the contractor to current
rules and regulations of the Wolcott Sewer and Water Commission.
Any use of a structure as the living quarters of any person
or group of persons.
The Rules, Regulations, Standards and Specifications for
Water Main and Water Service Installations in the Town of Wolcott,
as amended, which have been adopted by the Sewer and Water Commission
of the Town of Wolcott.[1]
The authority over public water in the Town of Wolcott or
its authorized representative.
Is mandatory.
The appointed engineer of the Town of Wolcott.
Includes all pipes, pumping stations, storage tanks, hydrants
and appurtenances within the Town's rights-of-way and includes the
metering equipment on all properties.
The qualified individual appointed by the Sewer and Water
Commission who is responsible for the proper operation, maintenance,
record-keeping, inspection and cross-connection control for the whole
distribution system.
B.
Word usage. Whenever herein used and the context so permits, the
singular shall be construed to include the plural and the masculine
or neuter shall be construed to include both and the feminine gender,
and each owner or owners and his or their respective heirs, successors
and assigns shall be jointly and severally bound.
Notwithstanding the provisions of any special act, any owner
or owners of lands or buildings which abut such main shall reimburse
the Town of Wolcott his/their proportionate share as determined by
the Wolcott Town Council, except that where the Town of Wolcott and
the Commissioner of Energy and Environmental Protection concur in
determining that the need for such extension is in response to a community
pollution problem as defined by Section 22a-423 of the Connecticut
General Statutes, the Wolcott Town Council may waive such reimbursement.
All costs shall be proportioned in such a way as to ultimately
leave the Town of Wolcott free of any cost of the extension of the
water main and expenses incidental thereto except where any portion
of such water service is to be used for a municipal purpose, in which
instance the municipality shall contribute a fair portion of the expense
representing such municipal share. In the case of land zoned for other
than residential, commercial or industrial purposes, or classified
pursuant to Sections 12-107a to 12-107e, inclusive, of the Connecticut
General Statutes as farm land, forest land or open space land, on
the last completed grand list of the Town of Wolcott, which exceeds
by more than 100% the size of the smallest lot permitted in the lowest
density residential zone allowed under the Town of Wolcott Zoning
Regulations, assessment of such excess land shall be deferred until
such time as such excess land shall be built upon or a building permit
is issued therefor or until approval of a subdivision plan of such
excess property by the Planning and Zoning Commission, whichever event
occurs first, at which time assessment may be made as herein provided.
The Town of Wolcott shall place a caveat on the land records in each
instance where an assessment is deferred.
A.
Subject to reasonable allowances by the Wolcott Town Council for
particular situations, the benefits assessed each parcel or piece
or land abutting said water main shall be determined for each phase
of the extension on a per-lineal-foot basis as follows:
(1)
Cost per lineal foot: quotient derived by dividing the total number
of lineal feet of all properties abutting the water main by the difference
between the total project cost and the project grants and/or municipal
share (if any).
(2)
Calculation of assessable lineal feet for each property: quotient
derived from dividing by two the sum of lineal feet constituting front
and back property lines. In the case of lots abutting two streets,
i.e., corner lots, the total lineal feet are calculated by dividing
by two the sum of lineal feet abutting each street.
B.
Such benefit assessments shall represent a reasonable proportion
of the total cost of such water mains and appurtenances, including,
but not limited to, engineering, rights-of-way acquisition, bonding
costs and interest, legal fees, construction administration and inspection,
permits, testing, disinfection, pumping stations, storage tanks, valves,
hydrants, blow-off and air/vacuum manholes and restoration of ground
surface and features.
C.
Such benefit assessment shall be laid by resolution of the Wolcott
Town Council after completion of construction of the extension of
the water main and after the water system is capable of delivering
a potable water supply to the abutting property owners.
[Added 3-16-1993 by Ord.
No. 70]
A public hearing on any assessment under this article shall
be provided. Due notice of the time and place for said hearing shall
be signed by the Wolcott Town Clerk and published, at least five days
before the date scheduled for such hearing, in a newspaper having
a general circulation in the Town, and a copy of such notice shall
be mailed to the owner of each property affected thereby.
Pursuant to Section 7-137c of the Connecticut General Statutes,
as amended, within 60 days of an assessment under this article, the
owner of any property so assessed may appeal to the Superior Court
for the Judicial District of Waterbury from the valuation of his assessment,
by service of process made in accordance with the provisions of Section
52-57 of the Connecticut General Statutes. Such appeal shall be a
privileged case and shall not stay any proceeding under this article.
The Court shall have the power to grant such relief as to justice
and equity appertains, upon such terms and in such manner and form
as appear equitable.
A.
The owner of real property subject to such a water main assessment
shall be liable for and shall be billed for payment of such assessment.
Such assessment, together with interest thereon, as defined by the
Connecticut General Statutes, shall constitute a lien upon the property
being assessed and such lien may be foreclosed, and such charges may
be collected in the manner provided in Section 7-137d of the Connecticut
General Statutes and such other statutes which are applicable.
B.
The water main assessment is not assumable and any balance due thereon,
together with interest and lien fees, shall be paid in full immediately
upon the transfer of title to the property.
The water main assessment shall be collected by the Tax Collector
of the Town of Wolcott. The Wolcott Sewer and Water Commission shall,
subject to the provisions of the Wolcott Town Charter, establish rules
and regulations regarding the payment method and due date of such
assessment and may, if it so desires, provide for installment payments
of such assessments. The amount of the annual interest rate shall
be set by resolution adopted by the Town Council and shall be applied
to the balance due on assessment payments unpaid for a period exceeding
30 days of the notice of payment due. Said rules and regulations shall
be incorporated into and become a part of this article.
A.
Where a water main is available, the property owner abutting the
street where the water main is located may connect a private water
service to the water main.
B.
No unauthorized person shall uncover, make any connection with or
opening into, use, alter, or disturb any public water main or appurtenance
thereof without first obtaining a written permit from the Sewer and
Water Commission. Any person proposing a new private water service
connection to the public water main or any change in an existing private
service connection shall notify the Sewer and Water Commission at
least 45 days prior to the proposed connection or change.
C.
Classes of connection.
(1)
There shall be seven classes of private water service connection
permits:
(a)
Single residential: service connection for a single-family residential
building to a main fronting the property.
(b)
Single commercial: service connection for a single commercial
building to a main fronting the property.
(c)
Single industrial: service connection for a single industrial
building to a main fronting the property.
(d)
Multifamily residential: service connection for a single multifamily
building to a main fronting the property.
(e)
Subdivision and multiple industrial/commercial: service connections
to a main fronting the property for multiple buildings requiring multiple
services and that may also require main extensions onto private property
that is planned to become a Town right-of-way.
(f)
Subdivision and industrial/commercial requiring main extension:
any service type requiring main extensions along a Town right-of-way
or property.
(g)
Fire service: service connection for a single building to a
main fronting the property for the purpose of sprinkler protection
and fire protection only.
(2)
In any case, a property owner or his duly authorized agent shall
make application on a special form furnished by the Sewer and Water
Commission. The permit application shall be supplemented with any
plans, specifications, or other information considered pertinent in
the judgment of the water system operator. A permit and inspection
fee in an amount according to the rate schedule adopted by the Wolcott
Town Council pursuant to Section 7-239 of the Connecticut General
Statutes, as amended, shall be paid to the Town at the time the application
is filed.
D.
All costs and expenses incident to the installation of a private
water service to the water main shall be borne by the property owner.
No permit will be issued to any contractor until he has filed with
the Town a certificate of public liability and property damage insurance
and a performance bond in amounts specified by the Town Attorney of
the Town of Wolcott. Any insurance and performance bond required by
the Town shall be approved by the Treasurer of the Town of Wolcott.
Such insurance shall indemnify the Town from any loss or damage that
may directly or indirectly be occasioned by the installation of the
water main extension for a period of one year from the date of its
completion. The performance bond shall cover defects in materials,
workmanship and pavement restoration for all work within Town property
and rights-of-way for a period of one year from the date of its completion.
E.
A separate and independent private water service shall be provided
for every building, except that 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,
court, yard or driveway, the private water service from the front
building may, at the discretion of the Sewer and Water Commission,
be extended to the rear building, provided an acceptable right-of-way
is recorded on the Wolcott Land Records.
F.
Old private water services may be used in connection with new buildings
only when they are found, upon examination and test by the water system
operator, to meet all requirements of this article.
G.
The construction methods and materials for the installation of a
private water service shall conform to the requirements of the state
and local building and plumbing codes and the adopted rules and regulations
of the Sewer and Water Commission, as amended.[1]
H.
The applicant for a private water service connection permit shall
notify the water system operator at least two working days prior to
construction activity commencing.
I.
All excavation for private water service shall be adequately guarded
with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Town Engineer. When Town and/or state police are required for
maintenance and protection of traffic on Town or state rights-of-way,
then the contractor shall secure their services and pay their cost.
A property owner agrees to pay all charges for water use according
to the rate schedule adopted by the Town Council in accordance with
Section 7-239 of the Connecticut General Statutes, as amended, and
on file with the Sewer and Water Commission, from the date a service
is turned on by the water system operator to the date it is shut off
by the water system operator and the meter removed.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the water main system. No person shall
bypass or attempt to bypass any meter installation. Any person violating
this provision shall be subject to immediate arrest under charge of
disorderly conduct.
A.
The water system operator, the Town Engineer, the Sewer and Water
Commissioners and those duly authorized employees of the Town bearing
proper credentials and identification shall be permitted to enter
all properties for the purpose of inspection, observation, measurement,
meter reading, sampling, testing meter reading, meter changeover,
meter removal, service shutoff and cross-connection inspection per
Connecticut Health Code Sec. 19-13-B37 through 19-13-B39, inclusive,
and as amended in accordance with the provisions of this article.
B.
While performing the necessary work on private properties referred to in Subsection A above, all duly authorized employees of the Town shall observe all reasonable safety rules applicable to the premises established by the contractor. The contractor shall be held harmless for injury or death to the Town employees and the Town shall indemnify the contractor against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the contractor and arising out of any inspection or testing operation, except as such may be caused by negligence or failure of the contractor to maintain safe conditions as required in § 346-10 and the rules and regulations of the Wolcott Sewer and Water Commission, as amended.[1]
A.
Any person found to be violating any provision of this article, except § 346-12, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $250 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
C.
Any person violating any of the provisions of this article shall
become liable to the Town for any expense, loss, or damage occasioned
the Town by reason of such violation.
This article may be amended by the Wolcott Town Council from
time to time, and at any time as it deems necessary, subject to the
Charter of the Town of Wolcott, its ordinances and the statutes of
the State of Connecticut.
The Sewer and Water Commission shall be empowered to promulgate
from time to time, and at any time it deems necessary, and in accordance
with the Charter of the Town of Wolcott, its ordinances and the statutes
of the State of Connecticut, rules and regulations for the purpose
of facilitating the provisions of this article. Said rules and regulations
shall be incorporated into and become a part of this article.
[Adopted 2-26-2002 by Ord. No. 82]
The Town of Wolcott recognizes water as a valuable resource
and hereby adopts the following article under the provisions of Town
Charter Section 306(c) and (f).
A.
The Sewer
and Water Commission shall monitor the Town's available water supplies
to ensure that a flow of water is provided which will be adequate
to:
(1)
Meet
the health and sanitation requirements of those residents of the Town
who are supplied by water from the Town's water system;
(2)
Provide
sufficient fire-fighting capacity; and
(3)
Provide
a reserve sufficient to meet the foregoing requirements and meet such
emergencies and contingencies as may exist from time to time.
B.
The provisions
of this article shall apply to only connections supplied by the Waterbury
water system.
As used in this article, the following terms shall have the
meanings indicated:
The fee for water per 100 cubic feet (CCF) consumed by a
service connection as determined by the Sewer and Water Commission.
The Town of Wolcott Sewer and Water Commission, or its duly
authorized representative(s).
A prolonged period of deficient precipitation.
The average daily water consumption for an individual service
for the period of June 1 through September 30 minus the non-peak seasonal
average flow multiplied by two.
The base rate multiplied by two.
The average daily water consumption for an individual service
for the most recent period of October 1 through May 31.
The average daily water consumption for an individual service
for the period of June 1 through September 30 minus 1.25 times the
non-peak seasonal average flow.
The percentage determined by dividing "unaccounted-for water"
by the "total production water" gallons, as defined by the Public
Utilities Regulatory Authority of the State of Connecticut in the
report required under Section 16-27 or 16-29 of the Connecticut General
Statutes.[1]
Any individual, corporation, trust, partnership or association,
or other entity.
The base rate multiplied by two.
"Total non-revenue (unaccounted-for) water" gallons as defined
by the Public Utilities Regulatory Authority of the State of Connecticut
in the report required under Section 16-27 or 16-29 of the Connecticut
General Statutes.[2]
All public and private users of the Town's public water system,
irrespective of any person's responsibility for billing purposes for
water used at any particular facility.
A.
The Commission shall, no later than April 15 of each year, calculate
percent unaccounted-for water for the preceding calendar year. If
percent unaccounted-for water is greater than or equal to 10%, a leak
detection survey of the water system will be conducted. Any leaks
revealed by the leak detection survey will be repaired within one
year of the completion of the survey.
(1)
Records of estimated water loss due to main breaks and the type of
breaks will be kept for the purpose of identifying problem areas in
the system. Records shall describe the type, cause, and remedial measures
taken for each break in the Town of Wolcott water system pursuant
to the requirements and standards of the American Water Works Association
(AWWA) as they appear in AWWA M36, Water Audits and Loss Control Programs.
B.
Meter testing.
(1)
Meters will be tested at the following intervals:
|
Meter Size/Type
(inches)
|
Testing Interval
(years)
|
|---|---|
|
6 and larger
|
Annually
|
|
4
|
2
|
|
3
|
3
|
|
2
|
6
|
|
1.5
|
6
|
|
1 and smaller
|
15
|
(2)
Testing of the water service meters shall be completed in accordance
with AWWA testing and accuracy standards appearing in Water Meters-Selection,
Installation, Testing and Maintenance (AWWA M6).
C.
A water conservation kit including a low-flow shower head, two low-flow
faucet aerators, two toilet tank displacement devices, leak detection
tablets, and a conservation handbook shall be provided to all current
residential customers within two years of the effective date of this
article. Additional water conservation kits will be provided at cost
to customers upon request.
D.
A water conservation informational brochure containing information
regarding rebate programs for water-efficient appliances, which are
available through the Connecticut Light and Power Company, and information
on water-efficient landscaping shall be provided annually to all customers.
E.
Meter readings shall be analyzed for unusually high usage. Any individual
meter reading greater than three times the previous annual average
meter reading shall be reread. The Town will leave a notice of high
usage and leak detection tablet package at the door of any single-family
residential customer with a meter reading of 50,000 cubic feet or
more in any quarter. The Commission will provide notice of high usage
to nonresidential customers on a case-by-case basis.
F.
The Town of Wolcott shall replace all water meters on existing service
connections, at or before the fifteen-year anniversary date for each
service meter, with state-of-the-art metering equipment.
G.
Hydrants shall be inspected, tested and maintained per the requirements
of American Water Works Installation, Field Testing, and Maintenance
of Fire Hydrants (AWWA M17). Inspection and testing shall be performed
semi-annually. Any hydrants found to be leaking shall be repaired
or replaced.
A.
In the event of a drought or other water supply emergency, the Commission
shall closely monitor water supplies in the Town of Wolcott and surrounding
communities. The Commission shall have the authority to impose water
use restrictions, and to establish penalties, fines and other appropriate
enforcement mechanisms. The Town's water supply drought response shall
consider regional drought conditions and, upon declaration by the
Commission, shall proceed through the following drought response stages,
listed in order of increasing limitations:
B.
When the Commission declares a Water Supply Alert, the Town shall
take measures to curtail all noncritical uses of water by facilities
and employees of the Town of Wolcott.
C.
When the Commission declares a Water Supply Advisory, the Town shall
take the following measures:
D.
When the Commission declares a Water Supply Emergency - Phase I,
the Town shall take the following measures:
(1)
Continue all measures previously initiated under the Water Supply
Alert and Water Supply Advisory.
(2)
Restrict outdoor nonconsumptive uses, including lawn watering, car
washing, swimming pool filling (both bulk and residential), and street
sweeping.
(3)
Restrict serving of drinking water in restaurants to only consumers
requesting water.
(4)
Request larger users to reduce consumption an additional 5%.
E.
When the Commission declares a Water Supply Emergency - Phase II,
the Town shall take the following measures:
F.
When the Commission declares a Water Supply Emergency - Phase III,
the Town shall take the following measures:
G.
Notice of the restrictions imposed by the above shall be published
in a newspaper having a general circulation in Wolcott at least three
days before the effective date of such restrictions, and may be promulgated
by such other means as the Town Council deems desirable.
H.
The Commission may impose restrictions in addition to those previously
imposed. Any additional restrictions adopted by the Commission shall
be published in accordance with the provisions noted above and may
be promulgated by such other means as the Town Council deems desirable.
I.
The restrictions set forth in this section shall not apply to any
use of water necessary to maintain an adequate level of health or
sanitation standards, as determined by the Director of Health, for
any persons using water from the Town's system. Any such persons who
consider that the restrictions imposed upon them adversely affect
their health or sanitation may make an application for a certificate
of exemption from the Director of Health. The Director of Health,
after considering the circumstances of such persons and applying the
standards necessary for the preservation of the public health, may
issue a certificate of exemption from the restrictions set forth in
this article and shall notify the Sewer and Water Commission of any
such exemptions.
J.
The restrictions set forth in this article shall not apply to any
fire-fighting or civil defense emergency.
K.
Any person who uses water during any phase of drought response or
other water supply emergency from an outdoor faucet or spigot which
is not connected to the Town's water system may apply to the Sewer
and Water Commission for a certificate evidencing such fact, and upon
inquiry from a person charged with the enforcement of such ordinance
shall make such certificate available to the enforcement officer.
A.
Any person violating any provision of the restrictions imposed by
this article shall be fined not more than $250. In the case of a continuing
violation, each day's continuance thereof shall be deemed a separate
and distinct offense.
B.
If there has been a violation of any provision of the restrictions
imposed by this article by the same person on three separate occasions,
the Sewer and Water Commission may, after such notice and hearing
as may be required by the Public Utilities Regulatory Authority for
termination of such service to such person, enforce such restriction
by reducing or discontinuing the supply of water to the residence
or business owned or occupied by such person.
A.
Upon determination by the Commission that the regional drought conditions
and water supplies available to the Town's water system are such that
a drought response stage may be lifted, the Commission shall publish
a notice of termination of the drought response stage in a newspaper
having a substantial circulation within the Town, and may promulgate
such notice by other means as it deems desirable.
B.
This article shall not be construed as prohibiting the taking of
action which may be necessary to ensure the safe and secure operation
of the Town's water system in the interval between the occurrence
of an event giving rise to drought response or other water supply
emergency and imposition of any water conservation measures or restrictions
by the Commission. The Sewer and Water Commission or its Chairman
shall take such action as may be necessary to ensure the safe and
secure operation of the Town's water system during such intervals.
A.
For the period of October 1 through May 31, each service connection
shall be billed at the base rate non-peak seasonal average flow.
B.
For the period of June 1 through September 30, each service connection
shall be billed at the base rate for all flows up to 1.25 times the
non-peak seasonal average flow.
C.
For the period of June 1 through September 30, each service connection
with excessive water use will be billed the excessive use rate of
the non-peak seasonal average flow multiplied by two.
