[Amended 8-4-2014]
Water utility operation and control. The water collection, treatment and distribution system owned and operated by the Town of Selbyville shall be known collectively as "Town of Selbyville Water Utility." The operation and management of this utility shall be under the control of the Town Council and shall direct the construction of additions thereto and the maintenance thereof and, in all cases not particularly provided for by this Part 1 or other ordinances of the Town, shall determine in what manner and upon what terms water may be taken from the water utility, any property owner or water consumer and the character of the connections and appliances which may be made or used therefor. Please see § 160-9, Improvements, Subsection C, Construction standards and specifications.
The following definitions shall apply under
this Part 1 concerning water service:
A well used for farming or agricultural activities where
farming or agriculture is the principal use of the parcel; "agricultural
well" does not include a well for irrigation of property which has
its principal use as residential.
[Added 10-6-2008]
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of the receptacle.
Accepted or acceptable under an applicable specification
cited in this Part 1, or accepted as suitable for the proposed use
under procedures and powers of the consulting engineer or its designated
representative.
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable supply of water from any
source or sources.
A device or means to prevent backflow.
The flowing back of used, contaminated or polluted water
from a plumbing fixture or vessel into a water supply pipe due to
a negative pressure in such pipe.
A structure built, erected and framed of component structural
parts designed for the housing, shelter, enclosure or support of persons,
animals or property of any kind.
The consulting engineer or its authorized agent or representative
of the Town of Selbyville.
The critical level marking on a backflow prevention device
or vacuum breaker is a point established by the manufacturer which
determines the minimum elevation above the flood level rim of the
fixture or receptacle served at which the device may be installed.
When a backflow prevention device does not bear a critical level marking,
the combination valve, bottom of the vacuum breaker, or the bottom
of any approved device shall constitute the critical level.
Any connection or arrangement between two otherwise separate
piping systems, one of which contains potable water and the other
water of unknown or questionable safety, whereby water may flow from
one system to the other.
That portion of the annual assessment fee, as determined
by the Town, which is applicable to designing, acquiring and constructing
those water facilities whose major use is distributing water to individual
units.
A structure having walls and a roof designed and used for
housing, shelter, enclosure or support of persons, animals or property.
A right acquired by public authority to use or control property
for a designated use. An easement restricts but does not abridge the
rights of the fee owner to the use and enjoyment of his land.
An arbitrary term used to express the load-producing effects
on the water system caused by one dwelling place.
A quantity in terms of which the load-producing effects on
the water system of sanitary fixtures are expressed on some arbitrarily
chosen scale.
Water plant connection charge; transmission connection charge.
An area of land measured, surveyed and plotted and set apart
for separate use and occupancy.
May is a permissive word.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
When used alone shall mean these regulations, subsequent
amendments, or any emergency rule or regulation which the Town may
lawfully adopt.
An area of land measured, surveyed and plotted and set apart,
which may be a lot or may include one or more plotted lots.
Any natural individual, firm, partnership, company, association,
society, corporation, organization or any other group acting as a
unit.
Water which is satisfactory for drinking, culinary and domestic
purposes, and meets the requirements of the Health Authority having
jurisdiction.
A legal right of passage over another person's ground acquired
by public authority.
Any single parcel of land consisting of less than 1/4 of
an acre at the time of the enactment of this Part 1 and abutted at
the time on at least two sides by developed property.
Shall is a mandatory term.
A public or private thoroughfare which affords the principal means of access to abutting property having a minimum right-of-way width of 50 feet or, prior to the enactment of Chapter 160, Subdivision of Land, having a right-of-way width as platted of record in the Office of the Recorder of Deeds, in and for Sussex County.
Assessable parcel or lot footage measurement as determined
in this Part 1 and by the Official Sussex County Property Map.
The Mayor and Council of the Town of Selbyville.
Any connection to the water system, and shall include but
is not limited to all requirements, service, irrigation only, fire
protection only, and irrigation and fire protection only service.
That portion of the annual assessment fee as determined by
the Town which is applicable to the designing, acquiring and constructing
of water facilities whose major use is transmitting water to distribution
lines, storing and/or treating water and pumping.
A water supply pipe for public use.
The rate established by the Mayor and Council.
The pipe from the water main or other source of potable water
supply to the water distribution system of the building served.
The Town of Selbyville Water Utility.
A.
The owner or owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated in an area served by the public water system of the Town
of Selbyville and abutting on any street, alley, easement or right-of-way
in which there is now located or may in the future be located a public
water main of the Town, is hereby required at his expense to install
a suitable water supply system and to connect such system directly
with the proper public water main in accordance with the provisions
of this Part 1, within 60 days after date of official notice to do
so.
B.
No person shall connect an independent water supply
onto the municipal water utility system.
C.
No unauthorized person shall uncover, make any connections
with or openings into, use, tamper with, alter or disturb any public
water main or appurtenance there without first obtaining a permit
from Town.
D.
Wells.
[Added 10-6-2008]
(1)
It shall be unlawful for any person to drill or otherwise
construct, install, operate or use any well for the taking of water
within the corporate limits of the Town of Selbyville without first
securing the approval of the Town Council and a permit issued by the
Department of Natural Resources and Environmental Control.
(2)
Any private well on private property approved by the
Town shall meet the following requirements:
(b)
(Reserved)
(c)
For farm or agricultural wells, the parcel to
be served shall be not less than 10 acres.
(d)
The use of any well may be temporarily suspended
and restricted by the Town if the Town determines that an emergency
exists in the supply of water.
(e)
The well and all plumbing may be inspected by
the Town upon completion of the installation of the well for the determination
that there is no cross-connection or contamination of the Town's water
system.
(f)
A copy of the drilling permit and the drilling
log shall be furnished to the Town upon completion of the well and
before the well begins operation.
(3)
The drilling or otherwise constructing, installing
and operating a well within the Town of Selbyville without compliance
with the provision of this chapter shall be deemed to be a common
and public nuisance and may be abated by the Town Council upon the
finding that such a well has been drilled, constructed or installed
and is being operated without first complying with the provisions
of this chapter.
(4)
Any well permitted by this section shall be subject
to the following conditions:
(a)
Such well shall meet all the requirements established
by the Town for the installation of wells.
(b)
There shall be backflow prevention installed
in accordance with Town standards and specifications.
(c)
All installations, operations, disconnections,
billing, charges, and other regulations shall be subject to Town ordinance,
inspection and oversight.
(d)
The Town shall have the right to enter on said
property and inspect said system at any time.
(e)
Any geothermal heating/cooling system, agricultural
or pond-fill well shall also be subject to federal, state and county
regulations.
(f)
(Reserved)
(g)
(Reserved)
(h)
Any agricultural well shall be capped and shall
no longer be used for any purposes upon final approval of subdivision
or land development plans by the Town for the parcel served by such
well.
Prior to connection, the owner must first obtain
a permit from the Town. It shall be unlawful for unauthorized individuals
to tap or connect to the Town of Selbyville water distribution system
without authorization. The owner of the property with an unauthorized
connection shall be liable to the Town for all water use resulting
from such connection and may be subject to criminal fines and penalties.
All connections shall be approved and inspected by the Town Engineer.
Upon connection, regular water service fees must be paid.
A.
Application for a permit to install and connect a
water service pipe shall be made by a plumber licensed by the State
of Delaware who has filed a bond with the Town and who will install
or supervise the installation of the water service pipe. The application
will be made on forms provided by the Town and shall be supplemented
by any plans, specifications or other information considered pertinent
in the judgment of the Engineer of the Town. The application shall
be signed by the licensed plumber and the owner or owners of the building
having the water service pipe connected thereto. If approved, the
application will be signed by the Town Administrator or his authorized
agent and shall constitute a permit.
B.
An application for a permit shall be made to increase
the size of an existing service. The cost of increasing the size of
service shall be borne entirely by the applicant.
A separate and independent water service shall
be provided by the Town for every dwelling, building or property used
for human occupancy, employment, recreation or for other purpose.
A water service and water service pipe shall not service more than
one:
A.
Dwelling house, provided that a garage, a guest house
or other similar features attached to the main dwelling home and incidental
to the family life shall be considered as portion of the dwelling.
B.
Industrial, commercial or manufacturing establishment.
C.
Building separated from adjacent buildings by a party
wall or walls and comprising apartments, stores, offices or a combination
thereof.
D.
Detached building comprising apartments, stores, offices
or any combination thereof.
E.
Establishment consisting of individual dwelling units
under the management of a single commercial or cooperative entity.
F.
Unit of property commonly referred to as a "condominium
unit" and/or more specifically referred to as "unit property," subject
to the requirements of the Unit Property Act, Title 25 of the Delaware
Code, Chapter 25. Property which is converted from ownership by a
single commercial or cooperative entity or from any other form of
ownership to condominium units shall comply with the requirements
of this section.
A.
Water shall only be supplied to the property listed
on the permit and the use of water shall be confined to the premises
named on the permit. No property owner, whether with or without charge,
shall supply another with water nor shall he use it for any purpose
not listed on the permit application.
B.
All costs and expenses incident to the installation
and connection of water service pipe shall be confined to the premises
named on the permit. No property owner, whether with or without change,
shall supply another with water, and all water supplied shall be used
solely for domestic purposes. The owners shall indemnify the Town
from any loss or damage that may, directly or indirectly, be occasioned
by the installation of the water service pipes.
C.
The water supply system of each property owner or
owners shall be designed, installed and maintained by the property
owner or owners in a manner that will prevent the contamination of
the water supply.
D.
The connection of the water service pipe and the size,
alignment and materials of construction of the water service pipe,
and the methods to be used in excavating, placing of pipe, jointing,
testing and backfilling the trench shall all conform with the requirements
set forth in this Part 1.
E.
The Town shall inspect all connections to the water
mains, furnish, install and maintain all water service lines from
the water main to and including the curb cock and box, which shall
be placed in back of the property line, all of which shall be and
remain the property of the Town and under its exclusive control.
F.
Each property owner shall apply for the water service
pipe permit and shall notify the Town when the water service pipe
is ready for inspection and connection to the public main. The connection
shall be made under the supervision of the consulting engineer of
the Town or its authorized representative.
G.
All excavations for water service pipe installations
shall be adequately guarded with barricades and barricades and lights
at night so as to protect the public from the 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.
Except for those properties which have installed
private wells pursuant to the ordinances of the Town of Selbyville,
in order to conserve water supplied by the water utility, a limited
resource in the Town of Selbyville, outside watering of lawns and
landscaped areas using Town water shall not, at any time, use water
for sprinkling or irrigating streets, grass, shrubbery, gardens or
other, through a hydrant or hose except between the hours of 6:00
p.m. and 8:00 p.m., prevailing time, between the first day of May
and the first day of October, inclusive, in any one year, without
a nozzle or lawn sprinkler and no sprinkler opening used shall be
more than 3/8 inch in diameter.
The Town Administrator may declare by executive
order, or the Mayor and Council may declare by resolution or motion,
a state of water emergency when it appears to the Town Administrator
or the Mayor and Council that the Town's water sources are incapable
of producing sufficient water to meet all the needs of the Town's
water users.
A.
During a declared water emergency, water service may
be interrupted in any or all parts of the Town in order to effect
repairs, provide water for fire fighting or for any other good cause.
Upon the expiration of the emergency, water service shall be restored
without charge.
B.
Upon such a declaration, and for the duration of the stated water emergency, it shall be unlawful to use the Town of Selbyville municipal water supply water for outside irrigation, watering or sprinkler uses except as provided in Subsection C.
C.
The declaration of a state of water emergency shall
specify outside watering and irrigation schedules and may specify
other water conservation measures appropriate to the circumstances
of the emergency.
A.
Public fire hydrants are installed and supplied with
water for the express purpose of combating fires. Fire hydrant use
is restricted to Fire Departments and those authorized by the Town.
B.
It shall be unlawful for any person:
(1)
For any unauthorized person to open or operate any
fire hydrant, draw water therefrom or obstruct the approach thereto.
(2)
To have in possession any key to any fire hydrant,
except such key as may be furnished by the Town.
(3)
To open a fire hydrant with any device except the
proper key.
(4)
To have a fire hydrant wrench. Wrenches for fire hydrants shall be furnished by the Town Administrator or designee to such Fire Departments for the use of its members, and to such other persons as the Town Administrator may deem proper, and to be unlawful for any person to whom a wrench is furnished to permit the same to be taken from his control, to use the same, or to permit the use of the same by any other persons or for other purpose other than that authorized by the provisions of this Part 1.
(5)
To place or allow to be placed any vehicle, object
or material within 15 feet of any fire hydrant which obstructs or
restricts access to said fire hydrant.
C.
Temporary use of water may be supplied through a public
fire hydrant for uses other than extinguishing fires by application
for a use permit to the Town and payment of charges that may be stipulated
if the application is approved by the Town. The applicant shall be
responsible for any damage occasioned by the use of the fire hydrant
or other appurtenance.
D.
The Town does not assume any liability to parties
receiving water service as an insurer of property or person, and the
Town does not guarantee any special service, pressure, capacity or
facility other than is permitted by the ordinary and changing operating
conditions of the Town as the same exist from day to day. The Town
shall be free and exempt from any claims for injury to any persons
or property by reason of fire, water and failure to supply water pressure
or capacity.
E.
The members of any Fire Department with the jurisdiction
in the Town of Selbyville shall at all times have free access to the
fire hydrants in case of fire.
A.
Authority: The Mayor and Council may grant connections
to scattered parcels at the equivalent dwelling unit (EDU) density
of the abutting property, but in no instance at an EDU density exceeding
18 EDUs per acre.
B.
Conditions for grant of connections: The connection
for scattered parcels may be granted by the Mayor and Council only
upon a study and a written determination by it that the proposed connection
will not overload the capacity of existing water facilities, taking
into account the full development capacity of the other parcels within
the Town.
The Town Administrator or other designated official
may from time to time examine and inspect any premises where water
from the water utility is used in or upon such premises in order to
ascertain the nature, character and extent of such water use, and
the condition of the water pipes, fixtures and appliances, and to
determine if water is being wasted upon the premises.
A.
It shall be unlawful for any person to injure or in
any way damage or interfere with property or appliances constituting
or being a part of the water utility, or any fence, guardrail, box
cover or building, or other structure constructed or used to protect
any part of the water utility.
B.
It shall be unlawful for any person, unless authorized
by this Part 1, to trespass upon the water utility or the grounds
upon which the same are constructed.
C.
It shall be unlawful for any person to cast, place,
pump or deposit in the water utility any substance or material which
will in any manner injure or obstruct the same.
The Town Administrator or the Mayor and Council
reserve the right to shut off the street mains for repairing the mains
or making connections or expansions to the same, or for the purpose
of cleaning the same. No main shall be shut off except in emergency
without prior notice to the water users affected. No licensed plumber
or other persons shall shut off the water from any of the Town mains
or any tap thereon. In case of any emergency, the Town Administrator
may restrict the use of water until the next meeting of the Mayor
and Council.
