As used in this article and in Article III, the following terms shall have the meanings indicated:
The American National Standards Institute, Inc.
A person, persons or corporation who applies for an account,
a service connection, or the installation of other infrastructure
for water, sewer, or drainage.
Accepted by the City of Melrose Department of Public Works
(DPW) as meeting an applicable specification stated or cited in this
regulation or as suitable for the proposed use.
The American Water Works Association.
The flow of water or other liquids, mixtures or substances
under pressure into the distributing pipes of a potable public water
supply system from any source or sources other than the intended source.
The physical examination and testing of an installed backflow
prevention device to verify that the backflow prevention device is
functioning properly.
A device or means designed to prevent backflow or backsiphonage.
Allowable backflow devices in the Commonwealth of Massachusetts are
defined in 310 CMR 22.22.
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable public water supply system
from any source other than its intended source caused by the sudden
reduction of pressure in the potable public water supply system.
An examination approved by the Commonwealth of Massachusetts
for the purpose of testing competency in all areas of cross-connection
control and backflow prevention device testing.
An individual who holds a valid Massachusetts backflow prevention
device tester's certificate issued by the commonwealth.
The City of Melrose.
The City Engineer of the Melrose Department of Public Works
or their designee.
The Commonwealth of Massachusetts.
A physical, chemical, biological or radiological substance
or matter in water.
Any actual or potential connection between a distribution
pipe of potable water from a public water system and any pipe of nonpotable
water.
The person or party responsible for a water and/or sewer
account.
The Director of the Melrose Department of Public Works or
their designee.
The City of Melrose DPW Water Division.
The City of Melrose Department of Public Works.
A report form, designated by the Commonwealth of Massachusetts,
which is to be used by certified testers to record all pertinent testing
information.
Any equipment that conveys water for irrigation purposes
and that is permanently connected to the public water supply.
The Massachusetts Department of Environmental Protection,
which is the regulatory agency for the Federal Safe Drinking Water
Act.
A device installed for the measurement of water quantities
to be used as a basis for determining charges for water and sewer
service.
An underground chamber along a service line, suitable for
installation of a water meter and for protecting the meter from the
effects of weather.
The owner of record of any property.
The City of Melrose Water, Sewer, and Drainage Schedule of
Fees, which includes all charges for water and sewer use, permits,
application fees, and all other rates or fees associated with the
City of Melrose water, sewer, and drainage systems. This Schedule
of Fees shall be revised periodically as appropriate. All water and
sewer volumetric rates and base fees as listed in the Schedule of
Fees shall be approved in advance by the City Council.
The City of Melrose water supply pipe laid in the right-of-way
or easement from which potable water service connections are made.
All the lines and materials from the water main to the customer's
water system and is equivalent to "water service."
Water which is not safe for human consumption or which is
of questionable potability, including private wells.
Water from a public source which has been approved by the
Massachusetts Department of Environmental Protection and the United
States Environmental Protection Agency for human consumption.
[Amended 5-21-2012 by Ord. No. 2012-158]
A.
The owners or occupants of any premises served by the City of Melrose
water system shall, upon presentation by Department personnel of their
credentials, authorize entry to their premises during normal business
hours, as provided for under MGL c. 165, § 11D, for the
purpose of inspecting and surveying their water system for new installations
or cross-connections, or to remove, repair or replace any water meter,
or to conduct water quality sampling and testing. When such access
is refused, the water shall be shut off after proper notice has been
provided until such access has been allowed and fees have been paid
for shutting off and turning on the water.
B.
Duly authorized employees of the Department, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the City holds an easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling, repair,
and maintenance of any portion of the water works lying within said
easement. All entry and subsequent work, if any, on said easement
shall be done in full accordance with the terms of the easement pertaining
to the private property involved.
State law reference – Authority of municipalities to make
regulations relative to pipes through which water is supplied, MGL
c. 40, § 21, cl. (7).
A.
Except as otherwise provided by the rules and regulations of the
Planning Board governing the subdivision of land, water service pipes
will be replaced from the main to the line of the street without charge
and from the line of the street to the building at the expense of
the applicant, provided that the whole or part of the work from the
street line to the building may be done by the property owner or their
agent, subject to the approval of the City Engineer, if the property
owner so elects. All new water service pipes and appurtenances associated
with new construction or redevelopment shall be paid for and installed
by the private property owner and their agents, following approval
by the City Engineer. No work shall be performed on any component
of the water system, including both public and private water mains
and/or services connected to the City's water system, without a written
permit application and approval from the DPW Engineering Division.
All pipes and appurtenances shall conform to the Department's standards
as described in the City of Melrose Design and Construction Standards.
B.
Approval of applications shall be valid for six months. If applicants
do not make a service connection within six months of the date of
approval, then the approval shall be revoked, unless extended in writing
by the City Engineer.
C.
The approval of an application for a water service account will be
contingent upon the existence of a water main in the public or private
way in front of the property to be served, unless otherwise allowed
by the City Engineer. Furthermore, the pressure and carrying capacity
of the water main must be sufficient to serve the applicant without
adversely affecting the service to existing users.
D.
The main must be extended (including necessary hydrants and appurtenances)
to the furthest limit of the property to be served by water unless
otherwise approved by the City Engineer. A waiver can be obtained
if hardship is demonstrated at the discretion of the City Engineer.
The applicant shall pay for the cost of permits, installation, and
inspection in accordance with the Schedule of Fees.
E.
An applicant requesting extension of water mains in a private right-of-way
must comply with the City of Melrose Design and Construction Standards,
and must convey to the Division any easements necessary to maintain
the pipe and appurtenances, along with ownership of the main itself
when applicable.
F.
That portion of a service connection installed within a public way
and terminating at a shutoff shall be considered the property of the
City upon its construction and acceptance unless otherwise specified
by the City Engineer. The Department shall be responsible for its
maintenance unless otherwise specified by the City Engineer. That
portion of a service connection not lying within the public way shall
remain the property of the customer, who shall be responsible for
its maintenance.
G.
If a property is subdivided, then each of the resulting properties
must have its own service connection. This may require replacing an
existing service connection with a main.
H.
In case of a leak in the customer's service connection or water system,
such leak must be repaired as soon as possible upon discovery by the
customer or upon report to the customer by the Department, as a condition
of continued service. The customer may be billed for the estimated
water use if repairs are not made within two weeks. The City also
reserves the right to make repairs to private service lines and bill
the customer for the expense if repairs are not made, when the City
deems the level of water loss to be unacceptable, regardless of the
length of time that has passed since the leak was discovered.
I.
Any contractor performing work on utilities connected to the City
of Melrose's water system must provide all bonds and insurance required
by the DPW Engineering Division permitting process.
[Amended 5-21-2012 by Ord. No. 2012-158]
No water service pipe less than one inch will be laid or allowed,
except upon special consent of the City Engineer. Allowable residential
meter sizes are 5/8 inch, 3/4 inch, or one inch, unless otherwise
approved by the City Engineer. For a water service or meter larger
than one inch, the owner will be responsible for the cost. All pipe
laid on private property shall be of such material and size as may
be approved by the City Engineer and in accordance with the applicable
water and sewer design and construction standards.
[Amended 5-21-2012 by Ord. No. 2012-158]
No two buildings shall be supplied with domestic water through
the same service pipe. The service pipe from the street line to the
building must include a stop and waste cock, properly located inside
the building. The building owner must keep the service pipe, stop
and waste cock, and all fixtures connected therewith on their premises
in good repair and protected from frost, and they will be held liable
for all damage which may result from a failure to do so. Fire service,
where required, shall be provided using a separate pipe from the water
main.
Any person desiring or requiring more than one water service
pipe for any one building will be required to pay the entire cost
of such pipe. Furthermore, the City may require new development projects
to assume all costs associated with new or re-laid water services.
[Amended 5-21-2012 by Ord. No. 2012-158]
A.
Applications for the original laying of pipes in public and private
ways for the conveyance and distribution of water shall be made, in
writing, to the City Engineer in the form of an application for utility
installation and shall include all plans and other documentation required
by the City Engineer. Such work shall be performed entirely at the
expense of the applicant, in accordance with all DPW design and construction
standards in place at the time the application is made.
B.
Cases may arise where the City chooses, at the City's option, to
lay a new water main and services where one did not previously exist.
At the discretion of the City Engineer, a procedure may be used to
assess betterments to the bettered properties in accordance with MGL
c. 40, § 42k.
C.
This section shall not apply to the laying of water pipes for which
provision is otherwise made by the rules and regulations of the Planning
Board governing the subdivision of land.
In the event the City determines that it is necessary to install
a water main on private property, a permanent water easement shall
be sought.
[Amended 1-21-1992 by Ord. No. 91-264A]
A.
No person except the Department's licensed primary water distribution
system operator, or those authorized by them, shall at any time turn
or let on water to any house or building or in any way interfere with
any gate valve, fire hydrant or standpipe.
[Amended 5-21-2012 by Ord. No. 2012-158]
B.
Charges for turning water on or off, testing meters, and conducting
other activities related to the provision of water by the City are
defined in the Schedule of Fees.
C.
Any person who turns City water service on or off without permission
from the DPW Operations Manager or the primary distribution system
operator may be subject to fines as described in the Schedule of Fees.
A.
No customers shall operate apparatus on their water lines, water
meter or elsewhere on their premises that will adversely affect the
operating conditions of the City's water system or its equipment or
ability to serve other customers.
B.
Customers are responsible for notifying the Department if a building
becomes vacant and requesting that the water service be shut off.
C.
Variations in water pressure will not be considered a violation of
this chapter when they arise from unusual or extraordinary conditions,
or arise from the operation of the customer's own fixtures or appliances.
It is the customer's responsibility to install suitable equipment
to protect private piping, equipment and property from variations
in water pressure.
D.
The Department reserves the right to interrupt service temporarily
in order to perform maintenance or repairs on the water system. Whenever
possible, the Department will notify customers of scheduled interruptions.
However, in case of an emergency, the Department reserves the right
to interrupt service without first giving notice of such action if,
in its opinion, it is necessary to do so in order to facilitate the
making of repairs or alterations, or other necessary purposes. In
such cases, no person shall be entitled to receive damages or refunds
of payments because of any such interruption or any consequent conditions.
E.
A customer shall not be permitted to supply another property with
water, except in emergencies, and then only with the permission of
the Department.
F.
No person shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance,
or equipment which is a part of the water system. Any person violating
this provision shall be subject to appropriate criminal proceedings.
A.
No person except the DPW Operations staff will be allowed to set,
take off or repair water meters owned by the City.
[Amended 8-21-2017 by Ord. No. 2018-4]
B.
All water meters up to 5/8 inch in size will be furnished, placed
and maintained by the City. For any premises requesting a 3/4- or one-inch
meter, the meter will still be furnished, placed, and maintained by
the City, with the exception that the property owner shall pay the
difference in cost between the price of the standard 5/8-inch meter
and the larger size meter requested (up to one inch), which will be
charged directly to the water bill. Any premises requiring a meter
over one inch is the owner's responsibility to purchase, install,
and maintain. Any damage to any meter done or caused by the carelessness
or neglect of the owner or occupant will be charged to their next
bill. Nonpayment will result in fees consistent with nonpayment of
water bills.
[Amended 6-24-2024 by Order No. 2024-39]
C.
Effective October 1, 2017, a manual read fee as specified in the
Schedule of Fees shall be charged to any account that cannot be remotely
read by the City of Melrose.
[Added 6-19-2017 by Ord.
No. 2017-148]
D.
A tampering fee shall be assessed to any customer, contractor, or
other individual or company who deliberately and knowingly tampers
with a water meter in order to change the meter reading, the value
of which is specified in the Schedule of Fees. Assessment of this
fee does not preclude the City or others from imposing any applicable
criminal or other charge.
E.
Installation and repair of meter pits must be approved by the City
Engineer and shall be done at the customer's expense. Meter pits may
be required at the discretion of the City Engineer.
F.
All meters installed must meet the City of Melrose standards for
both the metering and communications devices.
G.
It shall be the responsibility of every customer to ensure that meters
on service connections are readily accessible to Division personnel,
regardless of where the meters are located.
H.
If a customer requests that a device be installed to transfer meter
registration information off the premises for the customer's convenience,
it shall require the approval of the City Engineer and shall be installed
at the customer's expense. The Division maintains the right of access
to the premises in order to verify the consistency of the meter registration
with the remote registration. The meter having actual contact with
water shall serve as the primary measuring device and shall govern
all billing and billing adjustments.
I.
The Division has the right to replace and repair meters or test meters
in order to verify or ensure their accuracy. The cost of periodically
testing and replacing all meters larger than one inch in size shall
be the responsibility of the customer.
J.
For meters over one inch in size, if the customer is unable to provide
an opportunity to change, repair or test the meter during normal working
hours, it is the responsibility of the customer to provide an acceptable
bypass of the meter in order to accomplish replacement, make repairs
or conduct in-place testing. All bypasses shall be metered unless
the Department waives this requirement.
K.
Customers may request to have the meter which is currently in place
and being used for billing by the City tested for accuracy. All meters
will be tested for accuracy in accordance with industry standards
for the type of meter in use as published by the American Water Works
Association. A written report of the meter accuracy test will be provided
to the customer and a one-time charge will be assessed according to
the current Schedule of Fees. If the meter is found to be over registering,
then the Division will assume the full amount of the charge for testing
the meter, and the water user fees based on readings from the meter
shall be adjusted in accordance with the result of the test.
L.
The property owner is responsible for all costs and fees associated
with the purchase and installation of a secondary water meter for
outdoor water use. All plumbing work and meter installations must
be done by a licensed plumber with all applicable permits obtained.
Plumbing must effectively isolate all exterior uses from interior
uses, and all exterior water uses must have no connection to the sanitary
sewer. Second water meters for lawn sprinklers shall be installed
after the primary water meter and so that they measure only exterior
water use. Plumbing to exterior uses must be properly isolated by
use of both ball valves and a proper backflow prevention device. Both
the primary and secondary water meters must be consistent with all
current standards of the DPW.
[Amended 5-15-1978 by Ord. No. 19837; 6-5-1978 by Ord. No. 19917; 7-17-1978 by Ord. No. 19837A; 9-6-1989 by Ord. No. 90-2; 10-15-1990 by Ord. No. 90-278; 9-9-1991 by Ord. No. 92-22; 1-6-1992 by Ord. No. 92-137; 1-21-1992 by Ord. No. 92-166; 6-6-1994 by Ord. No. 94-221; 7-18-1994 by Ord. No. 94-221A; 6-17-1996 by Ord. No. 96-335; 6-27-2001 by Ord. No. 01-323; 6-26-2002 by Ord. No. 02-358; 12-16-2002 by Ord.
No. 02-060A; 6-26-2003 by Ord. No. 03-290; 6-21-2004 by Ord. No. 04-268; 6-30-2005 by Ord. No. 05-248; 6-26-2006 by Ord. No. 06-248; 7-17-2006 by Ord. No. 06-248A; 7-16-2007 by Ord. No. 07-179; 5-19-2008 by Ord. No. 08-225; 10-20-2008 by Ord. No. 08-269; 6-15-2009 by Ord. No.
09-202; 5-17-2010 by Ord. No. 10-160; 6-20-2011 by Ord. No. 11-170; 5-21-2012 by Ord. No. 2012-158; 6-18-2012 by Ord. No. 2012-189; 8-20-2012 by Ord. No. 2013-4; 3-4-2013 by Ord. No.
2013-118; 6-27- 2013 by Ord. No.
2013-204; 5-19-2014 by Ord. No. 2014-117; 6-15-2015 by Ord. No. 2015-143; 6-16- 2016 by Ord. No. 2016-163; 5-15-2017 by Ord. No. 2017-136; 6-19-2017 by Ord. No. 2017-146]
A.
Except as provided by § 228-16, all bills for water furnished by the City shall be rendered at intervals of three months (quarterly) or one month (monthly) at rates established by the Mayor and City Council.
(1)
Tiered water rates per 100 cubic feet, following approval, shall
be documented in the Schedule of Fees.
[Amended 6-18-2018 by Order No. 2018-178]
(2)
The water rate shall be applied to all properties in the City of
Melrose classified under Commonwealth of Massachusetts Department
of Revenue (DOR) Property Classification Code of April 2019, or latest
version, as commercial, industrial, or residential. Properties owned
and operated by the City of Melrose shall not receive a water bill
unless otherwise determined by the City Auditor. Water at said properties
will still be metered for the purpose of accounting for water use
and promoting conservation.
(3)
Owners of property are responsible for payment of all fees for water
service. The Department shall not bill tenants or contractors, although
they may receive a copy of bills upon request. Customers shall be
charged fees and held responsible for service until the Department
is notified in writing that they no longer desire to use the public
water supply. The Department is not responsible for leaks on the customer's
property. Water passing through a meter shall be considered used by
the customer.
(4)
A minimum charge shall be assessed for water service from the date
the water is turned on, regardless of the amount of water used, according
to the current Schedule of Rates. The City reserves the right to charge
base fees when the water is turned off.
(5)
If a meter fails to work, the customer shall be charged a user fee
based on the average daily consumption of water as shown by the meter
when it was working, for the corresponding billing period of the preceding
year. If this methodology is not feasible, a different method of estimating
water usage deemed appropriate to the Department shall be used.
B.
There is hereby created a Water and Sewer Rate Review Committee,
to consist of the Director of Public Works, City Engineer, Auditor,
Treasurer-Collector, a member of the City Council appointed by the
President of the City Council, and two citizens of Melrose appointed
by the President of the City Council. The Committee shall meet at
least quarterly to review the water rate charges established pursuant
to this section, the costs of operating and maintaining the water
system, and any capital improvements to the system. The Committee
shall hold at least one meeting per year after 7:00 p.m. It shall
report its findings and any recommendations to the City Council in
conjunction with submission of the annual operating budget.
[Amended 10-2-2017 by Ord. No. 2018-23]
|
State law reference — Law of commonwealth making water
rates a lien on real estate, MGL c. 40, §§ 42A to 42F.
|
[Amended 6-17-1985 by Ord. No. 1047; 12-16-2002 by Ord. No. 02-060A]
A.
The following rates shall be charged for water used for building purposes except as provided in § 228-16B:
B.
The City Engineer shall have the right to require the applicant to
pay by meter instead of the foregoing schedule for building purposes.
[Amended 5-21-2012 by Ord. No. 2012-158]
C.
The fees for water for building purposes which are to be paid in
advance include the charge for turning on and shutting off water;
no allowance will be made if water is obtained from other premises.
A refundable deposit may also be assessed. Charges for metered use
during construction shall be assessed on a schedule as determined
by the Department.
D.
Water used for demolition and construction shall be in accordance
with Department policies governing such uses.
A.
Applications for the use of water for service pipes, for thawing
frozen pipes, or for any other work to be done or materials to be
furnished in connection with the supplying of water to any premises
shall be made to the City Engineering Division.
B.
In cases of extreme emergency, of which the City Engineer shall be
the judge, such application shall not be required, provided that as
soon as may be after the furnishing of such water or materials or
the completion of such work, the City Engineer shall render a bill
therefor, in an amount representing the actual cost to the City, to
the owner of the premises. Such bill shall be payable on presentation.
[Amended 5-21-2012 by Ord. No. 2012-158]
C.
In no case shall water be turned on for specific purposes until all
charges are paid or, for fractional parts of the year, until the proportional
part of the minimum charge is paid up to the first day of January
next following. Fractional parts of a month shall be considered a
full month, and the three-month base fee shall be the minimum amount
charged.
[Amended 12-16-2002 by Ord. No. 02-060A; 5-21-2012 by Ord. No. 2012-158]
In case of vacancy, base fees may be suspended at the discretion
of the Department. No suspension of fees shall be allowed or made
unless notice of vacancy is given, in writing, at the office of the
City Engineer and the fee paid for shutting off the water, which sum
shall include the expense of turning on again. No premises will be
considered vacant unless such notice is given in writing and water
so shut off.
[Amended 5-21-2012 by Ord. No. 2012-158]
A.
No person except the City's primary water distribution system operator
or those authorized by them, and the officers of the Fire Department
in case of a fire, shall open or otherwise interfere with any fire
hydrant, tie or fasten a horse or any other animal to any fire hydrant,
or place any obstruction in the way of its free use by the firefighters.
B.
Written approval of the DPW Director or their designee is required
in order to use a hydrant as a temporary source of water. Charges
for such temporary use shall be assessed in accordance with the Schedule
of Fees.
C.
Fire hydrants and water mains on private property may be inspected
periodically by the City. Any repairs necessary for proper operation
of hydrants or the proper functioning of water mains on private property
shall be the responsibility of the property owner. Such repairs shall
be completed within 30 days after due notice has been given in writing
to the owner by the Department.
D.
No water shall be taken or used through private fire systems for
testing unless the DPW issues written permission. Such test must be
conducted in the presence of a representative of the Department.
[Added 4-3-1989 by Ord.
No. 2324; amended 5-6-1996 by Ord. No. 96-237]
A.
A 20% discount on water bills shall be given upon application to
the office of the City Engineer in accordance with the following procedure:
[Amended 5-21-2012 by Ord. No. 2012-158]
(1)
The applicant must have reached or already been over age 65 in the
calendar year prior to that in which they are making application for
discount. In the case of joint home ownership, either spouse/owner
must have reached age 65 by the prior year.
(2)
The applicant must be the owner of record of the property for which
the discount is requested, their name must appear on the water bill
for that property, and they must have lived at the subject property
for a minimum of one year.
(3)
The yearly consumption of water by the applicant's household shall
not exceed 6,250 cubic feet.
[Amended 6-16-2016 by Ord. No. 2016-166]
(4)
The discount shall only apply to owners of one-family or two-family
homes who are able to demonstrate their primary residence in said
single- or two-family home.
[Amended 6-16-2016 by Ord. No. 2016-166]
(5)
Otherwise eligible condominium owners will be entitled to a discount
which shall be equal to the average single-family discount provided
for in this section for the immediately preceding fiscal year.
[Added 6-16-2016 by Ord.
No. 2016-166]
(6)
Senior citizen owners of owner-occupied two-family homes who meet
the 6,250 cubic feet per year usage threshold per dwelling unit and
all other requirements of this section shall be entitled to a discount
which shall be equal to the average single-family discount provided
for in this section for the immediately preceding fiscal year.
[Added 6-24-2024 by Order No. 2024-39]
B.
Applicants who have not reached 65 will also qualify for discount
if:
(1)
They are in conformity with the other provisions of this section.
(2)
Their yearly gross income does not exceed $35,000 for a single person
and $40,000 if filing jointly. Eligibility shall be determined using
the gross income (not total taxable) found on the owner's IRS 1040
form.
[Amended 6-24-2024 by Order No. 2024-39]
