[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
All applications for the construction of sewer and water mains,
whether by persons, developers, corporations, contractors, or otherwise,
shall be in the form of a petition addressed to the City Council,
in compliance with the rules of the Council and having inscribed on
the face thereof a recommendation by the Community Services Director,
or designee, and by the Planning Board, signed by the Chair and Secretary
of the Planning Board; provided, however, that in the case of water
main extension or sewer lines, the petition shall also bear the approval
of the Utilities Commission.
The Council in finance session, upon investigation of costs
of construction, materials or any other factor involved in such installation,
may, by majority vote, grant the petition at any regular or special
meeting of the Council.
All construction shall be under the supervision of the Community
Services Director, or designee.
The Council may require that a petitioner file with the City
Clerk such rights-of-way, releases, completion bonds, payment bonds
or any other instruments reasonably consistent with any such construction,
and the City of Dover shall be the grantee, insured or payee of any
such instrument.
The petitioner shall pay full costs for any such construction
of sewer or water mains and installation, and full title to the same
shall, upon acceptance by the City Council, be in the City of Dover.
All construction of water mains and sewers shall be under the
direct control of the City Council and Dover Utilities Commission,
but any heads of departments having the duty of repair and/or maintenance
of these installations may make rules and regulations governing the
same, subject to confirmation by the Council.
Upon recommendation of the Mayor and the Dover Utilities Commission,
the Council, by a two-thirds vote, may suspend the provisions of this
article. All recommendations and the evidence supporting the same
shall be in writing and submitted to the City Clerk, according to
the rules of the Council.
If a provision of this article is found to be in conflict with
any provision of any zoning, building, safety or health or other ordinance
of the City of Dover, that ordinance which, in the judgment of the
Director of Community Services or the Board of Health, establishes
the higher standard of safety and protection of health shall prevail,
and that ordinance or provision which sets the lower standard is hereby
declared to be invalid to the extent that is found to be in conflict
with the ordinance or provision which sets the higher standard.
The invalidity of any section, clause, sentence or provision
of this article shall not affect the validity of any other part of
this article which can be given effect without such invalid part or
parts.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any provisions of
this article shall, upon conviction, be subject to a fine as provided
in the City Fine Schedule for each violation. Each day in which any
such violation shall continue beyond the time limit shall be deemed
a separate violation.