Town of Henlopen Acres, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 4-11-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 65.
Sewer easement — See Ch. 98, Art. I.
Private wells — See Ch. 127.
The water collection, treatment and distribution system owned and operated by the Town of Henlopen Acres shall be known collectively as "Town of Henlopen Acres Water Utility." The operation and management of this utility shall be under the control of the Town Manager who shall direct the construction of additions thereto and the maintenance thereof and, in all cases not particularly provided for by this chapter 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.
A. 
Except for the 11 properties connected to the public water system of the City of Rehoboth Beach, 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 Henlopen Acres and abutting on any street, alley, easement, bridle path 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 chapter, within 60 days after date of official notice to do so.
B. 
No person shall connect an independent water supply onto the water utility system.
C. 
The cost of constructing all water mains and appurtenances, such as valves, service lines and the like, shall be borne by the owner of the property requesting such service. If the lot is beyond or not yet part of the Town's water main or water service, the property owner shall be required to pay for all of the cost of extending the applicable services to the lot and to pay for all the off-site extensions.
[Added 2-14-1998]
D. 
Swimming pools, irrigation systems, and geothermal heating/cooling systems shall not be connected to the Town's public water system. Such uses currently connected shall be disconnected no later than April 30, 2005. Such system(s) shall be served solely by private wells and subject to the regulations of Chapter 127.
[Added 4-16-2004]
A. 
The members of any Fire Department with jurisdiction in the Town of Henlopen Acres shall, at all times, have free access to the fire hydrants in case of fire.
B. 
It shall be unlawful for any unauthorized person to open or operate any fire hydrant, draw water therefrom or obstruct the approach thereto.
C. 
Wrenches for fire hydrants shall be furnished by the Town Manager or designee to such Fire Departments for the use of its members and to such other persons as the Town Manager may deem proper, and it shall 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 chapter.
The Town Manager or other designated official may from time to time examine and inspect and 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, 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 chapter, 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 injury or obstruct the same.
A. 
The following definitions shall apply under this chapter concerning water service:
AIR GAP
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.
APPROVED
Accepted or acceptable under an applicable specification cited in this chapter or accepted as suitable for the proposed use under procedures and powers of the consulting engineer or its designated representative.
BACKFLOW
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.
BLACKFLOW PREVENTER
A device or means to prevent backflow.
BACK SIPHONAGE
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.
BUILDING
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.
CONSULTING ENGINEER
The consulting engineer or its authorized agent or representative of the Town of Henlopen Acres.
CRITICAL LEVEL
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.
CROSS CONNECTION
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.
GEOTHERMAL HEATING/COOLING SYSTEM
A system using water to provide heating and cooling to a structure.
[Added 4-16-2004]
IRRIGATION SYSTEM
The distribution of water to growing plants on a systematic basis by using pipes, sprinklers, ditches or similar means.
[Added 4-16-2004]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
ORDINANCE OR CHAPTER
When used alone shall mean these regulations, subsequent amendments or any emergency rule or regulation which the Town may lawfully adopt.
[Amended 7-9-1999 by Ord. No. 99-1]
PERSON
Any natural individual, firm, partnership, company, association, society, corporation, organization or any other group acting as a unit.
POTABLE WATER
Water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the health authority having jurisdiction.
SWIMMING POOL
Any portable pool or permanent structure containing a body of water 18 inches or more in depth intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment.
[Added 4-16-2004]
TOWN
The Town of Henlopen Acres.
TOWN OF HENLOPEN ACRES UTILITY SERVICE
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.
WATER MAIN
A water supply pipe for public use.
WATER SERVICE PIPE
The pipe from the water main or other source of potable water supply to the water distribution system of the building served.
WATER SYSTEM, TOWN WATER SYSTEM, WATER UTILITY, MUNICIPAL UTILITY SYSTEM, MUNICIPAL WATER UTILITY SYSTEM OR TOWN WATER UTILITY
The Town of Henlopen Acres Water Utility.
B. 
Word usage.
(1) 
May is a permissive word.
(2) 
Shall is a mandatory term.
Rates shall be established by the Commissioners of the Town of Henlopen Acres by resolution.
The Town shall send an annual billing for water. Payment is due within 45 days from receipt of the bill. Interest shall be assessed against all accounts which are more than 30 days past due at the rate of 1 1/2% per month, which is an annual rate of 18%. An account is due and payable upon mailing of the annual statement, and interest will be assessed if the bill, or any portion of the bill, remains unpaid 45 days from mailing.
A. 
In the event of nonpayment of any billing for Town service in the sixty-day balance exceeding $50, the Town may maintain an action to recover the amount owed and, after giving written notice to the owner of the property and the occupant thereof, may terminate service. Notice of termination of service shall be served upon the occupant of the property in person or shall be posted on the property, and notice shall be given to the owner of the property by mail to the last known address prior to such termination.
B. 
All the rates and charges specified in this chapter shall be paid by the owner of the premises on which the water is used. All such water rates and charges from the time such shall be due and chargeable shall become and remain a lien upon the premises until such rates and charges shall be paid. Water rates and charges may be collected against any owner by suit, such action to be in the name of the Town in any court having jurisdiction thereof and to be prosecuted as an action at law personally against such owner or by suit in equity for the enforcement of such lien.
C. 
If after a permit to use water is issued, it is ascertained that water is being used on any premises not authorized by the permit or in a greater amount or for a different purpose than that provided for in the permit, of if any water user fails or refuses to pay water charges for the use of water, as the same shall become due, it shall be the duty of the Town Manager to terminate water service; provided, however, that the Town shall give notice to the owners of the premises prior to the time the water service is terminated.
D. 
The Town Manager or the Commissioners 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 an 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 Manager may restrict the use of water until the next meeting of the Town Commissioners.
E. 
Any lien for unpaid water rates and charges against any premises may also be collected as provided by the statutes of the State of Delaware for the collection of taxes and other liens and assessments against real estate.
A service charge shall be established by resolution for each connection or disconnection of water service. If a disconnection is made in accordance with § 124-9 because of nonpayment of water service charges or CES liens, the disconnect fee shall be as established by resolution.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 65, Fees.
Any customer who has had water shutoff for nonpayment of the bill, failure to repair leaks or failure to comply with the request of curtailment during a water emergency, in addition to any other fees, moneys owed, deposits or fines, shall pay a reconnection fee as established by resolution before service is reinstated.
An user paying by check will pay an additional fee as set by resolution if the check is returned by the bank for any reason.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Connection and impact fees shall be as set by resolution.
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 Henlopen Acres 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 consulting 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 Manager 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.
C. 
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 dwelling house, provided that a garage, a guesthouse or other similar features attached to the main dwelling home and incidental to the family life shall be considered as a portion of the dwelling.
D. 
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 change, shall supply another with water, and all water supplied shall be used solely for domestic purposes.
E. 
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.
F. 
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.
G. 
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 § 124-17 of this chapter.
H. 
The Town shall make 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.
I. 
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.
J. 
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.
A. 
Water service to any property may be terminated by the Town upon notice to the owner, his authorized agent or occupant for any of the following causes:
(1) 
Use of water for any purpose other than that described in the permit.
(2) 
For willful waste of water through faulty pipes, fixtures or otherwise.
(3) 
For tampering with or damaging any service pipes, seals or any other property of the Town.
(4) 
Refusal of reasonable access to the property for the purpose of inspections and maintenance by the Town Manager or his authorized representative.
(5) 
For making, or refusing to sever, any cross connections between a pipe or fixture carrying water furnished by the Town and a pipe or fixture carrying water from any other structure.
(6) 
For the nonpayment of water service, charges, fines or penalties or any of them.
(7) 
For extending water pipes to other buildings without obtaining a proper permit.
(8) 
Failure to correct piping and fixtures in a water distribution system that could allow contamination of the water source.
(9) 
For violation of any regulation governing water service.
B. 
Water service may temporarily be discontinued by the Town for any of the following reasons:
(1) 
For the making of alterations, repairs or inspections of water mains or pipes.
(2) 
In case of emergency such as fire, contamination or any other emergency.
C. 
When the Town discontinues or terminates water service for any reason, it does so without liability to any owner or occupant as may own or occupy the building to which such connection is made.
D. 
No customer shall be entitled to recover damages or to have any portion of the water charges refunded for any stoppage of water service.
A. 
Before any person shall engage in the business of installation, alteration or maintenance of any plumbing within the scope of this chapter, he shall obtain a proper license from the Town of Henlopen Acres. The license period shall be one year beginning January 1 and terminating December 31. To obtain a license from the engineer, the person, firm or corporation shall:
(1) 
Show proof that he has been duly registered as a plumber by the State Board of Plumbing Examiners and that he is licensed to do business as a plumber in the State of Delaware.
(2) 
Obtain and deposit with the Town of Henlopen Acres a bond in the amount of $5,000 conditioned that the person, firm or corporation engaged in the plumbing business will faithfully observe all the laws and regulations pertaining to that business and that the Town of Henlopen Acres shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm or corporation engaged in the plumbing business, or by any other unfaithful, inadequate work done either by themselves or their agents or employees and that such person, firm or corporation will maintain in a safe condition for a period of one year all ditches and excavations which may be opened in the performance of any plumbing work, and further that all dirt and other material excavated will be replaced in a good condition with similar materials. The form of a bond shall be in a form acceptable to the Town.
(3) 
Produce a certificate that an insurance policy that protects against claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the work whether such work be done by the applicant or by anyone directly or indirectly employed by him. The insurance should so state that the Town office will be notified by the insurance company 10 days prior to the expiration of the insurance. Such insurance shall not be less than:
(a) 
Bodily injury liability insurance, in an amount not less that $3,000,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $5,000,000 on account of any one accident.
(b) 
Property damage insurance in an amount not less than $1,000,000 for damages on account of any accident or for damages on account of all accidents.
B. 
Any duly licensed plumber who desires to install and connect any work covered under the scope of this chapter shall first make application to the Town of Henlopen Acres and obtain the required permit.
C. 
Application for a permit shall be made in person and on application forms provided by the Town. Such information as required shall be provided to complete the application. The application shall be signed by the licensed plumber and the owner of the building to be connected. If the consulting engineer, or its authorized representative, is satisfied that the work described in the application and attached exhibits conform to the requirements of this chapter, and other pertinent laws and ordinances, it shall sign the application and in doing so grant a permit, which shall be a license to proceed with the work as detailed and specified on the application. When the application is approved and the permit granted, one set of the plans shall be returned to the applicant and be kept at the job while work is in progress and one set shall be retained by the Town Manager as a permanent record.
D. 
The permit fee for each water service pipe connection to the public main shall be as stated in the permit.
E. 
Nothing in this chapter shall prevent any building owner or occupant from installing or maintaining a water service pipe within his own property boundaries, provided that such water service pipe installation and maintenance is done by the property owner, is used exclusively by the property owner and his family and is installed and inspected in accordance with the requirements of this chapter and provided also that he shall:
(1) 
Obtain a proper permit from the Town of Henlopen Acres.
(2) 
Have a plumber who is licensed by the Town install and connect water service pipes to the facilities of the Town.
F. 
The water service pipe shall be either:
(1) 
Ultra high molecular weight polyethylene pipe per ASTM D-2239 (SDR-&) meeting the requirements of Type III Class C category P34 polyethylene as defined in ASTM D-1248 and rated at 160 pounds per square inch at 73.4° F. and approved by the National Sanitation Foundation for use as a carrier of potable water.
(2) 
The polyethylene pipe joint system shall be the Ford Meter Box Company "Pack Joint," the Hays Manufacturing Company "Hays-Tite" or the Mueller Company "110 Compression Connection" or an equal as determined by the consulting engineer for the Town. The connection shall be brass and assembled with a stainless steel pipe liner as specified and furnished by the connector manufacturer.
(3) 
Polyvinyl chloride schedule 40 pressure pipe meeting ASTM D-1785 and approved by the National Sanitation Foundation for use as a carrier of potable water.
(4) 
The polyvinyl chloride pipe joint system shall be with solvent weld schedule 40 polyvinyl chloride fittings using a PVC solvent cement as specified by the pipe and fitting manufacturer and approved by the National Sanitation Foundation for use with potable water.
(5) 
Type K or L copper water tube per ASTM B88-66. The copper water tube joint system shall be bronze fittings for flared copper tube per ANSI B-16.26.
(6) 
The water service pipe shall be three-fourths-inch, one-inch, one-and-one-half-inch or two-inch as required for the service and not less than the water meter outlet connection.
G. 
The consulting engineer of the Town or its authorized representative may require that the water service pipe be disinfected before it is placed in service if in its judgment such action is necessary. One of the following disinfecting methods shall be used:
(1) 
The water service pipe shall be filled with a solution of 50 parts per million available chlorine and allowed to stand six hours before flushing and placing in service; or
(2) 
The water service pipe shall be filled with a solution of 100 parts per million available chlorine and allowed to stand two hours before flushing and placing in service.
H. 
The water service pipe shall not be less than five feet horizontally apart from the building sewer and shall be separated by undisturbed or compacted earth unless all of the following conditions are met:
(1) 
The bottom of the water service pipe at all points shall be at least 12 inches above the top of the sewer line at its highest point.
(2) 
The water service pipe shall be placed on a shelf excavated at one side of the common trench.
(3) 
The number of joints in the water service pipe shall be kept to a minimum.
(4) 
If the water service pipe must cross the sewer line, the bottom of the water service pipe, within 5 feet of the point of crossing, shall be at least 12 inches above the top of the sewer line. Joints shall not be used within 5 feet of the sewer line.
(5) 
The building sewer shall be at least 10 feet removed from all wells unless such wells are permanently abandoned.[1]
[1]
Editor's Note: See Ch. 127, Wells, Private.
I. 
When mud or water are encountered in the trench, such as may be found by excavation below groundwater, additional precautions shall be taken appropriate to the trenching conditions encountered to ensure that the pipe has uniform and continuous support from a firm base. Where excessive groundwater conditions exist, the engineer may require trench pumping, well pointing or other trench stabilizing methods.
J. 
The pipe shall be uniformly supported throughout the trench by tamped fill. Plastic pipe shall be snaked into the trench to allow for expansion and contraction.
K. 
Backfill with pipe at a temperature approximating normal operating temperature of 40° F. to 60° F. run cool water through pipe is necessary. Backfill with clean fill free of sharp stones, objects or heavy material.
L. 
Protection from contamination.
(1) 
The potable water shall be protected from contamination from any source.
(2) 
There shall be no cross connection between the potable water service pipe and distribution system and any other source of water.
(3) 
Any building supplied with water by the Town of Henlopen Acres shall have no other source outlet located within the building.
M. 
A backflow prevention device shall be installed in the water service pipe to every building served by the Town of Henlopen Acres. The device shall be located immediately as the water service pipe enters the building and shall be accessible for service. As a minimum requirement, the blackflow prevention device shall consist of a manual shutoff valve followed by a spring-loaded check valve.
N. 
Permanently abandoned wells shall be filled and sealed in accordance with the regulations of the State of Delaware Division of Environmental Control.
O. 
Inspection, issuance of certificate of compliance.
(1) 
All plumbing work installed under the scope of this chapter shall be inspected to ensure compliance with this chapter and to assure that the installation is in accordance with the approved plans and the permit. It shall be the duty of the installing plumber to give reasonable advance notice to the Town when plumbing work is ready for inspection and testing, at least 24 hours in advance of the inspection and before 3:00 p.m. the day before the inspection is requested. The plumbing shall be deemed ready for inspection and testing when the pipe is laid on proper fall and bedded 1/4 to 1/3 of its diameter, with joints properly made and connected to the building. Prior to inspection and testing, the service water pipe shall not be connected to the water meter house connection. The equipment, material and labor necessary for the inspection and the test shall be furnished by the installing plumber. The plumbing shall not be covered until it has been inspected, tested and approved, and it shall be uncovered upon direction.
(2) 
Upon the satisfactory completion and final test of the plumbing, a certificate of compliance will be issued to the owner by the consulting engineer.
P. 
The water service pipe shall be tested and proved tight under a pressure not less than the working pressure under which it is to be used. The water used for the test shall be potable water from the house service connection and shall be supplied to the water service pipe only in the presence of and at the direction of the authorized Town inspector. If the water service pipe is approved, the pipe shall be covered pursuant to § 124-17K of this chapter.
A. 
The consulting engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
B. 
While performing the necessary work on private properties, the consulting engineer or any duly authorized employee of the Town shall observe all safety rules applicable to the premises established by the Town, and the Town shall be held harmless for injury or death to any Town employee, and the Town shall indemnify the property owner against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the performance of necessary work on the property of the property owner except as such may be caused by negligence or failure of the property owner to maintain safe conditions as required on the property.
C. 
The consulting engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purpose 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 duly negotiated easement pertaining to the private property involved.
Except as changed, added to, deleted or modified by the foregoing provisions of this chapter, the 1990 BOCA National Plumbing Code, Eighth Edition, as published by the Building Officials and Code Administrators International, Inc., be and the same is hereby adopted as the Plumbing Code of the Town of Henlopen Acres insofar as that code relates to the installation of water service pipes and insofar as the regulations, provisions, conditions and terms of said code are hereby referred to, adopted and made a part of this chapter with the additions, changes, deletions and modifications as hereinbefore set forth as though fully set out.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Except for those properties connected to the public water system of the City of Rehoboth Beach or which have installed private wells pursuant to the ordinances of the Town of Henlopen Acres, in order to conserve water supplied by the water utility, a limited resource in the Town of Henlopen Acres, outside watering of lawns and landscaped areas using Town water shall not, at any time, use water for sprinkling or irrigating through a hydrant or hose, without a nozzle or lawn sprinkler, and no sprinkler opening used shall be more than 3/8 inch in diameter.
A. 
The Mayor may declare by executive order, or the Commissioners may declare by resolution or motion, a state of water emergency when it appears to the Mayor or the Commissioners that the Town's water sources are incapable of producing sufficient water to meet all the needs of the Town's water users.
B. 
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.
C. 
Upon such a declaration, and for the duration of the stated water emergency, it shall be unlawful to use the Town of Henlopen Acres municipal water supply for outside irrigation, watering or sprinkler uses, except as provided in Subsection D below.D. 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.
[Added 12-10-2004]
A. 
Owner shall comply with all applicable federal, state, County and Town regulations.
B. 
Water pumped from a swimming pool or irrigations system shall be drained onto the owner's property which may include that part of the bridle path located on the owner's property, all in conformance with DNREC regulations governing control of water protection activities.
C. 
Prior to draining a swimming pool, the owner shall submit an application to the Town Manager for a permit. Such application shall be on an appropriate form if the Town has provided such form. In any event, the application shall contain the following information:
(1) 
Name of property owner.
(2) 
Address: both mailing and physical addresses of the property owner and the location of the swimming pool.
(3) 
Owner's phone number and fax number, if existing.
(4) 
Name, address, and phone number of any contractor or other entity which will be performing the drainage.
(5) 
Description of the location of the swimming pool on the lot.
(6) 
The amount of water in gallons to be drained.
(7) 
Proof that there is no residual chlorine remaining in the water.
(8) 
Identification of the specific area of the lot on which the water will be pumped.
(9) 
Specific details of how the pumping is to be accomplished, controlled, and the rate of flow.
D. 
The application shall be reviewed by the Supervisor of Maintenance. If all information is complete and in compliance with the regulations, the Supervisor shall issue a permit for the drainage activity.
E. 
There shall be no fee or charge for the filing of the application or issuance of a permit to proceed.
A. 
Whoever willfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary to the authority granted by permits issue therefore by the Town of Henlopen Acres, or without a permit therefor in accordance with the provisions of this chapter, shall be fined not less than $50 nor more than $500 and shall pay the costs of prosecution and the appropriate Victims' Compensation Fund assessment.
[Amended 7-9-1999 by Ord. No. 99-1]
B. 
Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation, including but not limited attorneys' fees and costs of prosecution.
C. 
Each day or part of a day that an offense occurs or continues shall be deemed to be a separate offense.
D. 
Violations of § 124-21 are infractions punishable by a fine but not imprisonment. Violators shall be fined not less than $50 nor more than $500 and shall pay the costs of prosecution and the appropriate Victims' Compensation Fund assessment. The owner or tenant of properties cited for illegal watering or irrigation under this section shall be required to pay a penalty in the amount set forth by resolution and, if the allegations in the citation are not contested, may forfeit the penalty in lieu of trying the charges. Fines shall be paid to the Town of Henlopen Acres by cash or check to the Town's post office box which shall be stated on all citations or at the the Town Hall. Unpaid, uncontested fines may be debited against the municipal account of the cited party and will be subject to collection pursuant to Town water bill collection policies.
[Amended 7-9-1999 by Ord. No. 99-1]