[HISTORY: Adopted by the Commissioners of
the Town of Henlopen Acres 4-11-1997. Amendments noted where applicable.]
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 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.
[Amended 10-8-2021]
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, exterior water features, 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; amended 10-8-2021]
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.
AIR GAP
APPROVED
BACKFLOW
BLACKFLOW PREVENTER
BACK SIPHONAGE
BUILDING
CONSULTING ENGINEER
CRITICAL LEVEL
CROSS CONNECTION
GEOTHERMAL HEATING/COOLING SYSTEM
IRRIGATION SYSTEM
NATURAL OUTLET
ORDINANCE OR CHAPTER
PERSON
POTABLE WATER
SWIMMING POOL
TOWN
TOWN OF HENLOPEN ACRES UTILITY SERVICE
WATER FEATURE
WATER MAIN
WATER SERVICE PIPE
WATER SYSTEM, TOWN WATER SYSTEM, WATER UTILITY, MUNICIPAL UTILITY
SYSTEM, MUNICIPAL WATER UTILITY SYSTEM OR TOWN WATER UTILITY
The following definitions shall apply under this chapter
concerning water service:
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 chapter 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 Henlopen Acres.
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.
A system using water to provide heating and cooling to a
structure.
[Added 4-16-2004]
The distribution of water to growing plants on a systematic
basis by using pipes, sprinklers, ditches or similar means.
[Added 4-16-2004]
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
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]
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.
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]
The Town of Henlopen Acres.
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.
Any one or combination of the following which requires a
water source for operation: fountain, pool, pond, cascade, waterfall,
stream, or similar structures.
[Added 10-8-2021]
A water supply pipe for public use.
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 Henlopen Acres Water Utility.
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.
[Added 7-9-1999 by Ord. No. 99-1; amended 10-8-2021]
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.
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 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.
[Amended 10-8-2021]
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 connection shall not service more than one dwelling house, provided that a garage shall be considered as a portion of the dwelling. Water service connection shall not be in conflict with § 124-2D of this chapter.
[Amended 4-8-2022]
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, all of which shall be
and remain the property of the Town and under its exclusive control.
[Amended 10-8-2021]
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.
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:
[Amended 10-8-2021]
(1)
Show proof that they are registered as a plumber by
the Delaware Division of Professional Regulation and that they are
licensed to do business as a plumber in the State of Delaware.
(2)
(Reserved)
(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 certificate of insurance should so state that the Town of Henlopen
Acres is named as an additional insured and 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 property
owner from installing or maintaining water service within their own
property boundaries, provided that such water service installation
and maintenance is used exclusively by the property owner and other
lawful occupants and is installed and inspected in accordance with
the requirements of this chapter and provided also that they shall:
[Amended 4-8-2022]
F.
The water service pipe shall be either:
(1)
Ultra high molecular weight polyethylene pipe per
ASTM D-2239 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 NSF International
for use as a carrier of potable water.
[Amended 10-8-2021]
(2)
The polyethylene pipe joint system shall be the Ford
Meter Box Company "Pack Joint," or the Mueller Company "110 Conductive
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.
[Amended 10-8-2021]
(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 NSF International for use with potable water.
[Amended 10-8-2021]
(5)
Type K or L copper water tube per ASTM B88. The copper
water tube joint system shall be bronze fittings for flared copper
tube per ASTM B-16.26.
[Amended 10-8-2021]
(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.
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.
Cross-connection control program established.
[Amended 10-8-2021]
(1)
The
Town hereby establishes a cross-connection control program pursuant
to and in conformance with the Delaware Department of Health and Social
Services, Division of Public Health, 16 Delaware Code Section 4462,
Cross Connection Control,[2] as may be amended from time to time and which is incorporated
herein by reference. If any conflicts exist between the Town's cross-connection
control program and the Delaware Administrative Code, the more restrictive
regulations shall govern.
[2]
Editor’s Note: See 16 Del. Admin. Code 4462-21.0.
(2)
The
requirements of this cross-connection control program are intended
to meet or exceed the relevant requirements contained in the Delaware
Plumbing Code (IPC 2018) as well as the technical specifications and
the installation. repair and maintenance requirements contained in
the American Water Works Association (AWWA) M14 Manual, Third Edition,
2004, entitled "Recommended Practice for Backflow Prevention and Cross-Connection
Control."
(3)
Cross-connection
control plan adopted; compliance required. The Town Manager or designee
shall promulgate a manual, which shall be known as the "Town of Henlopen
Acres Cross-Connection Control Plan" (the "Plan"), which manual is
hereby adopted and incorporated by reference herein and which may
be updated and amended by the Town Manager or designee from time to
time. Compliance with the Plan and the cross-connection control program
set forth therein is hereby required, and it is prohibited and unlawful
to act in any manner that is inconsistent therewith.
(4)
Inspections. The Town Manager or
designee is granted the authority to inspect any and all water service
connections served by the public potable water supply and to take
appropriate action to ensure the integrity of the potable water system.
The frequency of inspections and reinspections based on potential
health hazards involved shall be established in the Plan and in accordance
with applicable state regulations. Duly authorized representatives
of the Town shall be permitted to enter any building, structure, or
property served by a connection to the public potable water supply
system of the Town to inspect for actual or potential cross-connections
or water quality, to test backflow preventers, to conduct health hazard
assessments, to inspect reclaimed water or reuse water systems, and
to identify hazards that could contaminate the public potable water
supply system. Granting reasonable access to the Town and its agents
to enter private property for such inspections in order to administer
the cross-connection control program is a condition of receiving Town
utility service.
(5)
Discontinuance
of service. The Town Manager or designee is hereby authorized and
directed to discontinue potable water service to any property wherein
any connection in violation of the cross-connection control program
exists and to take such other precautionary measures deemed necessary
to eliminate any danger of contamination to the public potable water
supply system. Water services to such property shall not be restored
until the actual or potential cross-connection has been eliminated
or until an appropriate backflow prevention device has been installed
in compliance with the provisions of this cross-connection control
program.
(6)
Testing,
maintenance, and records; customer responsibility. All testable backflow
prevention assemblies shall be tested initially upon installation
to be sure that the assembly is working properly. Subsequent testing
of assemblies shall be conducted at least once every two years for
residential service connections and at least once per year for nonresidential
service connections. For the purposes of the cross-connection control
program, nonresidential service connections include all commercial
and industrial service connections.
(a)
The Town shall be responsible for the installation, testing, maintenance,
repair, and/or replacement of required backflow prevention devices
for all residential service connections. Residential service connection
customers required to utilize a backflow prevention device shall be
assessed a service charge as established by resolution of the Board
of Commissioners.
(b)
Water customers with nonresidential service connections shall bear
all expense of installing, testing, and maintaining the protective
devices required by the cross-connection control program to ensure
proper operation on a continuing basis. Installation, testing, and
maintenance of protective devices shall be conducted by certified
personnel approved by the Town and in accordance with the requirements
set forth in the Plan. Nonresidential service connection customers
shall keep records on testing, maintenance, and repair activities
related to cross-connection control and shall make such records available
to the Town or its agents upon request. Copies of all testing, maintenance,
and repair records shall be reported to the Town pursuant to the procedures
set forth in the Plan.
(7)
Authority
to bill customers. The Town is authorized to bill water customers
or property owners an amount equal to costs incurred by the Town to
perform services required by this cross-connection control program.
(8)
Other
codes and regulations. This cross-connection control program does
not supersede the Delaware Plumbing Code, the Delaware Department
of Health Plumbing Rules, provided that where conflicts exist, the
more restrictive provision shall apply.
N.
Permanently abandoned wells shall be filled and sealed
in accordance with the regulations of the State of Delaware Department
of Natural Resources and Environmental Control.
[Amended 10-8-2021]
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.
[Added 7-9-1999 by Ord. No. 99-1; amended 10-8-2021]
Except as changed, added to, deleted or modified
by the foregoing provisions of this chapter, the 2018 International
Plumbing Code, or future editions as published by the International
Code Council, 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.
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. 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.
[Amended 10-8-2021]
[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
$100 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; 10-8-2021]
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 $100 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. Unpaid, uncontested fines will be subject to collection pursuant to Town water bill collection policies.
[Amended 7-9-1999 by Ord. No. 99-1; 10-8-2021]
E.
Any other
civil or criminal remedy available at law.
[Added 10-8-2021]
