The water service of the City shall be operated
as a self-liquidating utility, and charges for such services shall
be imposed upon users thereof. The revenues derived shall be dedicated
to the purposes of the service as a self-liquidating utility.
As used in this article, the following terms
shall have the meanings indicated:
CUSTOMER SERVICE LINE
The piping or other appurtenance necessary to connect the
premises owned or leased by the customer to the water lateral located
at the curbline.
WATER LATERAL
A corporation stop, bend connection, stopcock and service
pipe extending from the water main to the curbline.
WATER MAIN
The City-owned piping in or along public highways and streets
or along privately and publicly owned rights-of-way used for the transmission
or distribution of water.
[Amended 4-3-2007 by Ord. No. 10-2007]
It is the policy of the City to protect the
public health, safety and welfare. These regulations reflect a realization
of the benefits of connecting existing properties to the municipal
water system to protect the public health, safety and welfare. Where
there has been an extension of water mains, the owners of property
located within 200 feet of the water main measured from their property
line shall be required to connect their premises to the municipal
water system within 180 days after notification from the City to make
the connection.
A. Exception. Unless otherwise required by state law,
a residential property owner may delay connection to the municipal
water system if the property owner already has an existing private
well servicing the premises that is operating properly.
B. Testing protocol. It is recommended that a test of
the private well shall be conducted at least once every five years
during the summer months of June, July, or August at the expense of
the property owner in accordance with the requirements set forth in
Ordinance 9 of the Cumberland County Health Department. If the property
owner chooses to undertake the test, a copy of the written report
setting forth the results of the test shall be filed with the Cumberland
County Health Department for review, certification, and further action,
if required. A copy of the report also shall be filed with the Superintendent
of the Municipal Water Utility.
C. Noncompliance. If the Cumberland County Health Department
determines that the private well which services the premises cannot
be certified, pursuant to requirements set forth in Ordinance 9, the
Superintendent shall notify the property owner that connection to
the municipal water system must be made within 180 days. If the private
well represents an immediate health risk, as determined by the Cumberland
County Health Department, the connection shall be made forthwith.
D. Annual report. The Superintendent of the Water Utility
shall file an annual report with the Commissioner in charge of the
Department and the City Clerk which contains the following information:
The location of each property (block and lot number and street address)
excepted from the connection to the municipal water system pursuant
to these regulations; the name and address of the property owner;
the date of each test report received for the subject property; and
the results set forth in the test report (pass or fail).
When there has been completion of construction
of water mains, and no exception is applicable, the Superintendent
shall give written notice to the adjacent property owners within 30
days after the completion of construction, that the property owners
must connect their homes or other building to the system. Said notice
shall be in writing and sent by regular and certified mail, return
receipt requested, to the property owners last known address.
All water mains laid within the City shall be
at least six inches or more in diameter or as may be prescribed by
the City Engineer.
Applications for extension of service shall
be made to the office of the City Clerk who shall report the same
to the Superintendent of the Water Utility and to the City Engineer.
The Superintendent of the Water Utility, together with the City Engineer,
shall estimate the cost of the extension and shall estimate the annual
revenue to be derived from the consumption of water by means of the
extended service.
[Amended 4-2-2002 by Ord. No. 13-2002]
When an application for the extension of water
service is filed with the City, the following requirements shall apply
and the cost of the projected extension shall be paid in the following
manner at the option of the City:
A. All construction shall be completed by the applicant in accordance with the design standards approved by the City Engineer and in conformity with the Land Use and Development Regulations contained in Chapter
30.
B. The construction shall thereafter become the property
of the City upon connection with the water system of the City, the
approval of the construction by the City Engineer, and the adoption
of an ordinance accepting the dedication of the improvement.
C. The City shall require the applicant to pay the entire
cost for the installation of water mains, water laterals, and related
improvements where no discernible public benefit is involved. This
requirement shall apply to extensions of water service to individuals
and to commercial, industrial, institutional and residential developments.
D. In the alternative, the City may negotiate an agreement
with the applicant to share a portion of the cost for the installation
of water mains, water laterals, and related improvements where there
is a discernible public benefit involved. Before determining whether
the City will contribute to the cost of the project and in what proportion,
City officials shall consider the benefits the project will provide
to economic development and job creation, to existing water customers
or to future commercial, industrial, institutional and residential
developments. Any agreement must be approved by resolution of the
governing body.
In lieu of the foregoing, the City may proceed
to extend and install service connections, including the construction
and installation of water mains and water laterals and other appurtenances
as may be necessary and assess the cost thereof as a local improvement.
While the City reserves the right to exercise this power at its option
in the discretion of the Board of Commissioners, it will be the policy
of the City to do so upon the written consent of 2/3 of the owners
of property to be benefited. This percentage will be determined by
calculating the estimated cost of such extension and the damages and
benefits attributable to each owner affected thereby.