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City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[Adopted 5-13-1994 by Ord. No. 594-1]
[Amended 11-17-1995 by Ord. No. 1195-2]
No person desiring to connect any property located outside the corporate limits of the City with the water system of the City shall be permitted to connect with the City water system until such person has entered into a written agreement which shall provide that:
A. 
The City Manager approves the connecting of such property with the water system of the City.
B. 
Such person shall connect the property with the system at the point designated by the City Manager.
C. 
Such person shall bear the initial cost of constructing a pipeline from such property to the point so designated by the City Manager and in constructing the pipeline shall comply with all rules and regulations of the Commissioners with respect to the materials used and the installing of pipelines within the City, except that if such pipeline shall front on more than one property and, in the opinion of the City Manager, such pipeline is likely to provide service to any other properties fronting on the pipeline not presently being served by the City, then the City may elect to construct the pipeline with its own labor force or by contract.
(1) 
If the City elects to construct the pipeline, then the City Manager shall, in his sole discretion, determine which properties fronting on the pipeline are likely to be serviced by it and then calculate the front footage of each property. The cost of the construction of the pipeline shall then be assessed to each party so identified, with the apportionment among the different properties based on frontage footage. Such assessment shall be determined by multiplying the linear front footage of the properties so identified by a per-foot cost determined by the City Manager. Thereafter, no service shall be rendered to any of the identified properties without the owner of such property having made prior payment in full of the front footage assessment for the construction of the pipeline in front of such identified property, such front footage assessment being in addition to any other fees or charges established in this Code.
(2) 
The pipeline shall remain the property of the City.
D. 
Such person shall convey to the Commissioners, after it has been constructed, the pipeline together with a full, free, exclusive and perpetual easement or right-of-way across any property where the pipeline may be laid, permitting the City or its agents to go upon the property and repair, replace or remove all or any part of such pipeline.
E. 
After final inspections and approval by the City Manager, the water service shall be extended to the premises of any such owner, and such person shall pay to the Commissioners a sum of money equal to 200% of the rate established by the Commissioners for the furnishing of water service to those properties located within the corporate limits of the City, which charge or sum of money shall be due and payable in the same manner as charges are due and payable to the City for water services to properties located within the corporate limits of the City and shall be subject to all rules and regulations with respect to the payment thereof.
[Amended 6-27-1994 by Ord. No. 694-1; 3-10-1995 by Ord. No. 395-2; 7-14-2000 by Ord. No. 700-1; 3-18-2016 by Ord. No. 0316-01; 4-24-2019 by Ord. No. 0419-02]
A. 
The following rates are hereby established for water service within the City limits:
[Amended 3-20-2006 by Ord. No. 0306-04; 3-19-2010 by Ord. No. 0310-08; 3-18-2016 by Ord. No. 0316-01; 4-24-2019 by Ord. No. 0419-02; 8-16-2019 by Ord. No. 0819-01]
(1) 
A Ready to Serve charge, based on water meter size, for each meter for which a bill is processed, according to the following schedule. Said rates shall become effective for bills processed on or after November 1, 2019.
Meter Size
(inches)
Ready to Serve Charge
1 and smaller
$10.56
1 1/2
$10.24
2
$12.80
3
$25.61
4
$51.21
6 and larger
$102.43
(2) 
A base volume charge of $6.30 per 1,000 gallons of metered water consumption. Said rate shall become effective for bills processed on or after November 1, 2019.
B. 
The following rates are hereby established for water service outside the City:
(1) 
For the area of Breezewood, a rate that is 1.5 times the charge as established in Subsection A.
(2) 
For all other metered locations outside the City, a rate that is two times the charge as established in Subsection A.
C. 
Meter billing periods shall be established as follows:
(1) 
All meters one inch and smaller shall be billed quarterly.
(2) 
All meters greater than one inch shall be billed monthly.
D. 
For all users either within or outside of the City, it shall be the obligation of the City to maintain and repair any defective meters. Any meter damaged by the property owner shall be replaced by the City and paid for by the property owner.
E. 
Temporary shutting off of water to structures used seasonally will not excuse the owner from payment of the billing service charge in Subsection A(1) herein.
F. 
The City Manager is authorized and directed to add to any water bill which is unpaid interest at the rate of 1.5% per month for each month or fraction thereof.
A consuming unit shall be determined to be any one of the following as connected individually to the water system of the City at the water main as described in § 220-11:
A. 
Any building or part of any building, together with buildings or parts of buildings auxiliary thereto, erected on the same parcel of ground, occupied for dwelling purposes.
B. 
Any building or part of any building, together with the buildings or parts of buildings auxiliary thereto, erected on the same parcel of ground, used for the purpose of carrying on a single trade, occupation, profession or enterprise or used by any single or separate person, firm or corporation for the purpose of carrying on therein one or more trades, occupations, professions or enterprises.
C. 
Any building or part of any building, together with buildings or parts of buildings auxiliary thereto, erected on the same parcel of ground occupied for dwelling purposes and also used by the head or heads of the household, in whole or in part, for the purpose of carrying on a trade, occupation, profession or enterprise therein.
A. 
Water service shall not be furnished to any person other than the legal owner of the consuming unit, unless such user shall pay the estimated cost of such service in advance.
B. 
Unless the City Manager shall otherwise be notified, in writing, in advance of initiating of any such service, the legal owner of the consuming unit shall be deemed to be the person to whom such service is rendered and upon whose account such service shall be performed.
No person shall resell or give away water obtained from the facilities of the City water system.
No new water service connection from any City water main up to the water meter, or any replacement of any old water service connection to any given consuming unit, shall be of a diameter of less than one inch.
All water service lines from the water main to the property line or property shall have a minimum cover of three feet.
A. 
No rebate or allowance in any charge for metered water usage shall be made by reason of a consuming unit water system leak.
B. 
Rebates or an allowance of charges for metered water usage may be granted at the discretion of the City Manager in the case of a water meter that has been tested inaccurate as described by § 220-25.
All errors claimed in or other complaints against or objections to any statement rendered for any water service shall be made to the City Manager within two calendar months after the due date thereof. The statement shall be conclusively deemed to be correct unless such complaint or objection is made within the two months.
A. 
Water service to any consuming unit shall be terminated and such unit disconnected from the water system of the City by the City Manager for any one of the following reasons:
(1) 
The failure to pay all or any part of any amount due for water service or any other services contemplated hereby, rendered hereto, within 30 calendar days after the service charge shall be due and payable.
(2) 
The resale of water furnished to the consuming unit.
(3) 
A break or leak in any lateral or communication pipe from the street line to the consuming unit or in part of the water system of such consuming unit.
(4) 
The City Manager deems termination of water service to a consuming unit to be necessary to prevent or limit contamination of the public water system. In such cases, water service shall be restored as soon as the City of Rehoboth Beach and, if required, the Delaware Department of Health and Social Service determine the potential contamination is eliminated or controlled to the satisfaction of the City of Rehoboth Beach and/or the Delaware Department of Health and Social Service.
[Amended 8-18-2023 by Ord. No. 0823-03]
B. 
There is hereby established a charge of $30 for restoring water service which has been discontinued pursuant to the provision of this section.
C. 
Prior to the termination of services under this section, excepting termination pursuant to Subsection A(3), the City shall send a notice of termination to the consumer (identified pursuant to § 220-4 of this article) by first-class mail. The notice will state:
(1) 
The amount past due for services provided;
(2) 
That service will be terminated after a stated date if payment is not received by the City; and
(3) 
If a consumer disputes a bill, information as to where, when and before whom such a dispute will be considered.
Each consuming unit or property as defined in § 220-3 shall be separately connected to the water system of the City at the water main along or in front of the lot in which the consuming unit or property is erected or maintained unless approved otherwise by the City Manager.
[Amended 5-8-1998 by Ord. No. 598-3]
A. 
No person shall turn water on or off at any curb stop or any valve installed as part of any water metering system without first obtaining written permission of the City Manager. Further, no person shall tamper with any curb box, water meter, or meter pit.
B. 
Notwithstanding any other provision of this chapter to the contrary, the owner of any consuming unit connected to the City's water system or the agent of such owner is authorized to turn water off at any curb stop or valve installed as part of any water metering system if such action is taken as a result of a water leak that threatens to do severe damage to the building served and no other practical remedy is at hand. Any such person taking such emergency action shall notify the City of such action as soon as practicably possible.
All persons accepting water service furnished from the City water system to any consuming unit, as well as the owner of such consuming unit to which such water service is furnished, shall be conclusively deemed to have accepted such service subject to all the terms and provisions of this article.
After water service shall have been initiated to any given unit, unless otherwise provided by an express agreement in writing, the owner of the consuming unit or user of the water, as the case may be, shall be deemed to have agreed to accept, and the Commissioners shall be deemed to have agreed to furnish, at reasonable rates, subject to all the terms and provisions of this article, water service to such consuming unit and thereafter, unless the owner or user shall give written notice to the City Manager to terminate such service.
The Commissioners shall not be liable for interruptions in or any failure of water service resulting from the making of necessary repairs or extensions to or replacements in any part of the water plant and system of the City or from failures in wells or from fire, flood, inability to obtain labor or material, labor trouble, riot or any other catastrophe or cause beyond their control.[1]
[1]
Editor's Note: Former Sec. 15-16, Water rates; approval of Commissioners; public notice required, which immediately followed this section, was repealed 6-9-2000 by Ord. No. 600-2.
A. 
No new air-cooling or air-conditioning system installations shall discharge water so used into any of the sewers of the City's sanitary system, unless such systems reuse the water with a cooling tower or other device, the water needed to maintain the necessary supply and water discharged to prevent the accumulation of objectionable matter will be furnished by the City at the usual rate, and the discharge may be wasted in the sanitary sewers.
B. 
Before any water-cooled air-conditioning system is installed, plans should be submitted to the City Manager's office, and his approval must be secured before such installations are made.
A. 
Personal or individual wells may be installed for those property owners within City limits who wish to install water source heat pumps at the discretion of the City Manager.
B. 
Such wells must be installed within the individual's property lines and shall meet all state and federal permit requirements. A copy of said permits must be submitted to the City Manager for review and approval prior to the drilling of any well.
C. 
The discharge from any water source heat pump shall not be allowed to drain into the City's sanitary or storm sewer systems.
A. 
Property owners may, at their cost, request that the City install a secondary meter for the sole purpose of metering water consumption by an in-ground irrigation system.
B. 
The installed cost of said meter shall be as described in § 220-19, Water connection charges. The capitalization fee shall be waived if the water service used for said meter is tapped off of the existing property owner's water service piping.
C. 
It shall be the City's discretion to install both the existing water meter and the secondary meter within a single or separate meter pits.
D. 
All secondary water meters shall be one inch in size unless approved otherwise by the City Manager.
E. 
Both water meters shall be assessed a service charge as described in § 220-2.
F. 
No connection other than an in-ground irrigation system shall be made to the secondary meter for any reason at any time.
G. 
Billing for water consumption as recorded by the secondary meter shall be as described in § 220-2, Metered water rates. However, the sewer rate charge as described in §§ 220-27 and 220-28 shall be waived.
A. 
Water connection charges include all materials, equipment and labor supplied by the City to install a new or to replace a water service.
B. 
Water services installed by the City are from the water main to the water meter located on the owner's property at or near the property line.
C. 
Property owners shall be responsible for the installation and connection of their new or replaced water service from the City-installed water meter.
D. 
A plumbing permit must be obtained for all water service work done by any property owner, and all work must be done by a City-approved and -licensed plumber.
E. 
Water connection and installation charges for new or replacement water services, provided by and installed by the City, shall be based on the following rates:
[Amended 3-20-2006 by Ord. No. 0306-04]
1-Inch Water Service
Charge
1-inch service
$580
1-inch meter, pit and lid
$1,500
Street excavation and replacement fee
$1,000
TOTAL
$3,080
New 1-inch water service capitalization fee
$2,000
1-Inch Water Service w/2 1-Inch Meters per Section 220-18
Charge
1-inch service
$830
2 1-inch meters, pit and lid
$2,568
Street excavation and replacement fee
$1,000
TOTAL
$4,398
New 1-inch water service capitalization fee
$2,000
1 1/2-Inch Water Service
Charge
1 1/2-inch service
$831
1 1/2-inch meter, pit and lid
$2,598
Street excavation and replacement fee
$1,000
TOTAL
$ 4,429
New 1 1/2-inch water service capitalization fee
$4,500
2-Inch Water Service
Charge
2-inch water service
$1,250
2-inch meter, pit and lid
$3,350
Street excavation and replacement fee
$1,000
TOTAL
$5,600
New 2-inch water service capitalization fee
$ 8,000
1 1/2-Inch Water Service w/1-Inch Meter for House using Type "R" or "D" Sprinkler System
Charge
1 1/2-inch service
$831
1-inch meter, pit and lid
$2,136
Street excavation and replacement fee
$1,000
TOTAL
$3,967
New 1-inch water service capitalization fee
$2,000
2-Inch Water Service w/1-Inch Meter for House using Type "R" or "D" Sprinkler System
Charge
2-inch service
$1,250
1-inch meter, pit and lid
$2,392
Street excavation and replacement fee
$1,000
TOTAL
$4,642
New 1-inch water service capitalization fee
$2,000
F. 
Water services required larger than two inches in size shall be quoted and contracted by the City on an individual basis. Their associated new water service capitalization fees shall be based on the following:
[Amended 3-20-2006 by Ord. No. 0306-04]
Water Service
Capitalization Fee
3-inch
$18,000
4-inch
$32,000
6-inch
$72,000
G. 
The following additional installation services are not included in the cost of new water services and shall be billed on a time-and-material basis based on the following described rates:
Service
Charge
Concrete removal and replacement
$5.00 per square foot
Dewatering pumping
$15.00 per hour
Well points (minimum charge)
$250.00
H. 
Additional installation services, equipment and material required for water service installations not indicated in this section shall be billed to the requesting property owner based on a time-and-material basis.
A. 
Sprinkler and fire-fighting services used solely for fire-fighting purposes and not used by the property owner as potable water shall not be metered by the City nor be subject to water capitalization fees.
B. 
All new commercial sprinkler and fire-fighting services shall be a minimum of six inches in size and shall be quoted and contracted by the City on an individual basis.
C. 
A City building and/or plumbing permit must be obtained by any property owner for all sprinkler and fire-fighting water service work. All work is to be done by a City-approved and -licensed contractor.
D. 
Sprinkler and fire-fighting services installed by the City are from the water main to the curb stop at the related property line nearest the water main.
E. 
Property owners shall be responsible for the installation and connection of their sprinkler and/or fire-fighting service to the City-installed curb stop.
F. 
Sprinkler and fire-fighting services shall be reviewed and approved by the State Fire Marshal prior to installation.
G. 
Any sprinkler system installed in a single-family detached dwelling in accordance with NFPA 13-d shall be exempt from this section.
A. 
All water services from the water main up to the water meter shall be maintained by the City at the cost of the property owner.
B. 
All water services from the water meter to the consuming unit served shall be maintained by and at the cost of the property owner and at no cost or expense to the City.
C. 
Associated maintenance and repair costs shall be billed to the property owner based on a time-and-material basis.
D. 
In the event that there shall be any break or leak in any water service pipe between the street and any consuming unit to which water service is furnished by the City, such break or leak shall be deemed to be a public nuisance. The City shall forward to the owners of the premises a notice to abate and repair the break or leak. In the event that such person neglects or refuses to so repair such pipe, the City shall terminate the water service until repairs are made.
A. 
Notwithstanding any other provision of this chapter to the contrary, all requests for water turn-on or turnoff of a nonemergency nature during normal working hours shall be requested at least 24 hours in advance and shall be charged at $50. Any emergency water turnoff before or after normal working hours shall be charged at $100. Any nonemergency water turn-on or turnoff request before or after normal working hours, if agreed to by the City, shall be charged at a rate determined by the City Manager, but not less than $150.
[Amended 3-19-2010 by Ord. No. 0310-08]
B. 
The owner or his plumber must be present on site before water can be turned on or off. The owner will be charged a no-show fee equal to the water turn-on/turnoff fee if he or his plumber is not on site when the City arrives to turn the water on or off.
C. 
The charges for nonemergency water turnoffs shall be paid in advance. The charges for emergency water turnoff shall be billed accordingly.
D. 
In the case of an emergency when City personnel are unavailable, a licensed plumber may turn the water off at any curb stop as approved by the City Manager.
It shall be unlawful for any person not authorized by the City Manager or not engaged in the fighting of a fire to take water from a City fire hydrant. Those persons authorized by the City Manager shall apply for a permit and shall pay a fee of $50, plus a charge for the water used, calculated on the prevailing in-town City water rate per 1,000 gallons. The permit shall contain such conditions, including the time period and maximum usage of water, as shall be determined by the City Manager.
A. 
All water services provided by the City shall be metered.
B. 
The size of the water meter required shall be equal to the water service pipe up to and including two-inch water services. Water meter sizes installed on water services larger than two inches shall be as approved by the City Manager.
C. 
All water meters shall be set in a meter pit at a convenient location on the property at or near the property line of a consuming unit as approved by the City Manager so as to control the entire supply of water to the consuming unit and so as to be accessible at all times for reading and repair.
D. 
All water meters and water meter pits shall be installed by the City according to specifications set by the City Manager by using City employees or by contract with private contractors.
E. 
Water service may be disconnected to any consuming unit whose owner does not comply with the provisions of this section.
A. 
The City shall be responsible for maintaining and servicing all water meters and related accessories within the City's franchise areas.
B. 
Consuming unit owners may request to have their water meter tested by the City for accuracy. The City's charge for this service shall be $30, which shall be paid in advance by the requesting property owner. The thirty-dollar charge will be refunded to the owner if the water meter tested proves to be inaccurate as defined by the American Water Works Association, which stipulates an accuracy level of plus or minus 5%.
C. 
Metered water usage invoices may be adjusted at the discretion of the City Manager if a meter is tested inaccurate.
D. 
Owners may be present when their water meter is tested, if requested in advance.
E. 
All water meter testing shall be done by trained City Water Department personnel as scheduled by the Water Department Superintendent. Testing shall be done on a City-owned, approved and certifiable water meter flow test device.