As used in this article, the following terms shall have the
meanings indicated:
CITY WATER SYSTEM
Includes the water meter, curb stop, pitsetter, valves, connections,
water service pipes, house cutoff valves and distribution pipes which,
once installed and certified, become part of the City water system
within or without the City limits.
[Amended 12-11-2006]
PERSON
Includes corporations, companies, associations, firms, partnerships,
societies and joint-stock companies, as well as individuals.
PREMISES
Includes all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated in an
area served by the City waterworks system.
[Amended 12-11-2006; 6-24-2019]
Where any land and/or buildings abut(s) a street, alley or way in the City of Lewes or any area in which there is a City water main, all plumbing facilities on such land or in such building(s) shall be connected to the City water system within 90 days of the date such City water main is available for connection to such land and/or buildings. After such connection, such property shall immediately cease using any method, other than the City water system, to obtain water; provided, however, that geothermal heating/cooling systems shall not be connected to the City's water system (see also §
145-35 of this Code). Where any land and/or buildings not in the City of Lewes wherein the owner thereof is seeking to connect to the City water system, the property owner shall first annex the property into the City. If the subject property is not contiguous to the City boundary at the time of connection, the property owner shall first execute a preannexation agreement with the City agreeing to annexation if, and when, the property becomes contiguous to the City boundary or otherwise becomes annexable into the City. Preannexation agreements pursuant to this section shall constitute a deed restriction, shall be in recordable form and be recorded in the Office of Recorder of Deeds in and for Sussex County. The City may waive the annexation requirements of this section upon a showing before the Mayor and City Council that special conditions exist making annexation infeasible or otherwise not in the best interests of the City.
No connection with a water main shall be made without a water
tapping and connection permit. Application for a water tap and connection
permit shall be made, in writing, to the Board of Public Works and
shall contain an agreement by the applicant to abide by and accept
all of the provisions of this article as conditions governing the
use of the City water supply. A fee established by the Board of Public
Works by resolution shall be paid at the time of submitting the application
and prior to issuance of the tapping permit.
Hereinafter the passage of this article, metallic curb stops,
approved by the Board of Public Works, shall be placed on every new
or replacement service pipe and shall be located as near to the property
line of the premises served as is practicable. Such boxes shall be
so located that they are easily accessible and shall be protected
from frost by a metallic lid approved by the Board of Public Works.
Curb stops shall be installed by the Board of Public Works at the
expense of the property owner.
All premises upon which any building has been constructed, or
may hereafter be constructed, including living units within such building,
having a connection with any main or pipes which are now or may be
hereafter constructed and used in connection with the City water system,
shall pay such rates as established by the Board of Public Works by
resolution. The effective date of the rate charges shall also be set
by the Board of Public Works by resolution.
No water shall be resold or distributed by the recipient thereof
from the City supply to any premises other than that for which application
has been made and the meter installed, except in cases of emergency
and only as authorized by the Board of Public Works. Under no circumstances
shall water be sold from the City water supply other than by the Board
of Public Works.
Water service may be discontinued at the request of a property
owner or owner's agent for a period as may be requested to the
Board of Public Works. Upon receipt of the notice from the owner,
the Board of Public Works shall read the owner's meter and discontinue
the service. Minimum monthly charges will continue on a monthly basis.
The fees for such discontinuance and resumption shall be set by the
Board of Public Works by resolution.
The City and Board of Public Works may, from time to time, promulgate
and enforce such rules and regulations and may execute such contracts,
as may be necessary, governing the use of the entire or any part of
such water system, either within or outside its corporate boundaries.