The water system of the Town shall be under the immediate supervision
of the Town Manager, or his/her designated representative, and the
Committee on Sewer and Water. The Town Manager or his/her designated
representative shall exercise immediate control of the water system.
The Committee on Sewers and Water shall see that all provisions
of this chapter and other ordinances of the Town and state law, the
general object of which is to safeguard public health against injurious
effects arising from impurities, contamination, insanitary or other
objectionable conditions affecting the water supply of the Town, are
strictly enforced.
All connections to the Town water system shall be made as provided
in this chapter and only upon approval of the Town Manager or his/her
designated representative. The owner of each lot or parcel of land
which abuts a street or other public right-of-way which contains or
is adjacent to an easement containing a water main or water system
and upon which a building has been constructed for residential, commercial
or industrial use, shall connect the building with the water main
at the owner's expense in accordance with the provision of this
chapter. The aforementioned shall not apply to an existing building
now having an approved well. However, the well must be tested every
year to ensure it meets Department of Health standards for drinking
water. These tests must be filed with the Town, and if the well ever
fails a test, the owner may be required by Town Council to connect
to public water.
[Amended 2-20-2017]
Each individual residence or property shall be required to have a separate connection and meter unless otherwise authorized by the Council. In the event a property owner desires to have a separate connection for an accessory building as defined in § 110-302 of this Code, and the separate connection is approved by the Town, then the separate connection shall either be tied into the meter for the main building or have a separate meter installed for the separate connection. All costs for the additional connection and meter shall be the sole cost of the property owner.
A.
The owner or his agent (the applicant) of a parcel of land located
within or without the corporate limits of the Town of Elkton may apply
to the Director of Public Utilities of Elkton (the Director) for a
permit to connect to the Town's potable water system. Prior to
applying for a permit from the Town, if the applicant's land
lies outside the corporate limits of the Town of Elkton, the applicant
shall obtain at least preliminary approval from the County of Rockingham
for the development project. Preliminary approval may take whatever
form is acceptable to both the County and the Director and need not
commit the County to final approval. Such evidence of County approval
shall be submitted with the application to the Town. Water connection
permit applications shall include the estimated average daily demand,
peak instantaneous demand, and fire flow demands.
B.
Where the intended use of the applicant's land is residential
involving four or fewer units, the Director shall either approve or
reject the application. Where there is any other intended use, the
Director shall forward the permit application to the Planning Commission
for its recommendation. After consideration by the Commission, the
permit application shall be forwarded to the Town Council, with the
recommendations of both the Commission and the Director, for final
approval or rejection.
C.
Prior to acting on the application, for residential projects of five
or more units, and for all other categories of projects, the Director
shall require, and for residential projects of four or fewer units
the Director may require, that the applicant submit appropriate engineering
reports or studies that demonstrate the anticipated impact on the
Town's water system, along with any recommendations for changes
or additions to the Town's infrastructure indicated because of
the proposed new connections. All engineering studies and reports
shall be paid for by the applicant.
D.
All infrastructure, whether it be an extension to a main, or a new
service line or lateral, shall be installed in accordance with the
Town's design and construction standards at the applicant's
expense. Once installed by the applicant and accepted by the Director,
waterlines up to the meter shall be the property of the Town. The
applicant shall provide all reasonably required easements, at the
applicant's expense.
E.
Any permit issued under this provision shall expire if construction
on the unit for which it was issued is not commenced within three
months of the date of issuance or if the building permit issued by
Rockingham County is canceled or expires for any reason, but shall
expire in any event at the expiration of 18 months after the date
of issuance if the project is not completed. Once a permit expires,
a new permit must be obtained by filing a new permit application and
paying all fees and charges at the then-current rates.
F.
Terms of this section may be modified on a project-by-project basis
only by the Town Council acting to approve a contract with a specific
developer by ordinance. Contracts between the Town and a specific
developer already approved and signed prior to the date of enactment
of this amended section are hereby reaffirmed and ratified as if so
approved.
G.
Permits issued under this section are nontransferable.
H.
The Director may charge a reasonable application fee to cover time
and expenses of processing the application.
I.
A "main" is a waterline that serves more than one customer. A "service
line" is a waterline proceeding from a main that serves one customer.
A.
Connection fees.
[Amended 4-16-2018]
(1)
Before a connection to the Town water system is made within or outside
the Town, the applicant therefor shall pay to the Town Treasurer a
connection fee in an amount determined by the Town Council. If the
applicant does not connect to the Town water system within six months
from the date the connection was purchased, the applicant shall be
entitled to:
(2)
However, any connection purchased but used after six months from
the date of purchase shall be at the then-current rate, and the applicant
shall pay any increase in the connection fees.
B.
Connection charges within Town. The Water Department shall run all
waterlines to the applicant's property line for a distance not
to exceed 100 feet. If the distance exceeds 100 feet, the applicant
shall pay all costs in excess of 100 feet.
C.
Connection charges outside Town. Applicant shall install at his or
her expense the connecting line to existing available Elkton waterlines.
The installation must meet Town requirements and becomes Town property
when connected to the Town lines.
D.
Subdivisions inside Town.
(1)
In case of subdivisions inside the Town, the owner shall install
all water mains at his or her own expense in the particular subdivision.
Such installation shall be in accordance with the standards of the
Town Water Department, which standards shall be on file in the office
of the Town Manager or his/her designated representative. The water
main shall be of a diameter determined by the Town.
(2)
In addition to the requirements of the above paragraph, the individual
home owner shall pay the regular water connection charges for the
property.
(3)
After all water mains in a subdivision inside the Town have been
installed to the satisfaction of the Town Manager or his/her designated
representative, they shall become the property of the Town and shall
be maintained by the Town.
E.
Charges Paid by Town. If the Town Council determines it to be in
the best interests of the Town to extend existing waterlines partly
or wholly at Town expense, it may enter into agreements with individuals,
landowners or developers whereby such extensions of existing waterlines
shall be accomplished and the costs thereof shared as mutually agreed;
or, in the proper case, the Town Council may resolve to extend the
Town water system wholly at Town expense. In determining the best
interests of the Town, the Council shall consider:
(1)
The number of potential connections which such extension of the system
might be expected to facilitate;
(2)
The enhancement to the value or capability of the existing system
that would result from such extension;
(3)
The value of any easements that would be granted to the Town under
such agreements;
(4)
The potential for increased revenue from utility service charges
and taxes that could be expected to result from future development
made possible by extension of the water system; and
(5)
The potential for increased employment opportunities and economic
development that might reasonably be expected to follow such extension
of the water system.
F.
Connection charges for accessory buildings. In the event a property owner desires to obtain a connection to the Town water system for an accessory building as defined in § 110-302 of this Code, and the Town approves such connection, then the applicant shall pay to the Town Treasurer an accessory building water connection fee in accordance with the Town adopted fees, which fee shall be determined in the Town's sole discretion. In addition, the applicant shall be responsible to pay for all costs involved with installing all waterlines to the property and connecting to the Town's water system.
[Added 2-20-2017]
A.
Installment payments of the water availability/connection fees for
single-family residences and duplexes (no more than two residential
units) may be approved for certain property owners who qualify under
this section. The approval of installment payments is to be administered
by the Town Manager or his authorized designee.
B.
The Town Manager and/or his/her authorized representative is hereby
authorized to approve on behalf of the Town installment payments of
water availability/connection fees if the property owners meet any
of the requirements detailed below.
(2)
The owner of the title or partial title to the property is 65 years of age or older at least 120 days prior to the installation or scheduled installation date, whichever comes first, of the waterline and meets the requirements in Subsection C below.
(3)
The owner of the title or partial title to the property is under 65 years of age and is permanently and totally disabled and meets the requirements in Subsection C below.
(a)
The owner shall possess a certification by the Social Security
Administration, the Veterans Administration, or the Railroad Retirement
Board, or if such person is not eligible for certification by any
of these agencies, a sworn affidavit by two medical doctors licensed
to practice medicine in the commonwealth, to the effect that such
person is permanently and totally disabled. For purposes of this section,
a person is permanently and totally disabled if he is so certified
and is found by the Town Manager to be unable to engage in any substantial
gainful activity by reason of any medically determined physical or
mental impairment or deformity which can be expected to result in
death or can be expected to last for the duration of such person's
life.
(b)
The affidavit of at least one of such doctors shall be based
upon a physical examination of such person by such doctor. The affidavit
of one of such doctors may be based upon medical information contained
in the records of the Civil Service Commission which are relevant
to the standards for determining permanent and total disability. Such
medical affidavits shall be filed with the Town Manager at such time
as the applicant files a waterline fee payment plan application.
(5)
The owner(s) of the title to the property desires to connect to the Town's water system and the total combined income during the immediately preceding calendar year from all sources of the owner(s) of the property and any of the owner's relatives who are either living in the dwelling at the time of application or anticipated to live in the dwelling within six months from the date of application, does not exceed the amount set forth in Subsection C(3) below. This provision shall be applicable to existing dwellings or construction of a new dwelling.
[Added 3-27-2017]
C.
Installment payments shall be subject to the following provisions:
(1)
Title to the property for which the exemption is sought must
be held or partially held by the applicant at least 120 days prior
to the installation, or scheduled date of installation, whichever
comes first, of the waterline.
(2)
The dwelling to be connected to the waterline must be the sole
dwelling of the applicant claiming hardship.
(3)
The total combined income of the owner and the owner's
relatives living in the household during the year immediately preceding
the installation, or anticipated to live in the dwelling within six
months from the date of application, does not exceed $65,000.
[Amended 3-27-2017]
(5)
The net combined financial worth of the owner shall not exceed
$80,000, excluding the fair market value of the house to be connected
to the waterline. Net combined financial worth shall include the value
of all assets, including equitable interests, of the owner and of
the spouse of the owner.
D.
If approved, the terms of such payments shall be all availability/connection
fees shall accrue interest at the rate of 5.0% per annum and shall
be paid in equal monthly payments over a six-year period. The first
payment shall be due on submission of the Town's payment plan
affidavit and all following payments shall be due along with the water
fee payment each month until paid in full. All outstanding principal
plus accrued interest shall automatically become due and payable in
full upon any conveyance of the property.
[Amended 3-27-2017]
E.
At the time of approval, the property owner shall execute a promissory
note payable to the Town and a deed of trust against the property
securing payment, which deed of trust shall be recorded in the Clerk's
Office of the Circuit Court of Rockingham County, Virginia, and which
documents shall be prepared by the Town. The property owner shall
be responsible for payment of all recording fees and the costs of
preparing the documents.
F.
The Town Manager is hereby authorized and empowered to prescribe,
adopt and enforce such rules and regulations, including the requirement
of answers under oath, as may be reasonably necessary to determine
qualifications for installment payments. The Town Manager may require
the production of certified tax returns and appraisal reports to establish
income and financial worth.
G.
Persons applying for a availability/connection fee payment plan under
this section must file with the Town Manager an availability/connection
fee payment plan affidavit, setting forth, in a manner prescribed
by the Town Manager, the location and value of the property to be
connected to the waterline, the names of the persons related to the
owner and occupying the dwelling, their gross combined income and
their net combined financial worth. If such applicant is under 65
years of age, medical certification or affidavits, as set forth above,
shall also be filed with the Town Manager.
H.
If, within 12 months after the payment plan is obtained under this
section, the applicant's financial position should change so
that its effect would be to remove the person holding the exemption
from within the limits and standards of this section, then the remaining
balance shall be immediate due and payable.
I.
Any person falsely claiming an exemption or violating any provisions
of this section shall be guilty of a Class 1 misdemeanor.
J.
Owners shall only be entitled to make installment payments on one
property per owner.
No person who is not a member of the Fire Company shall use
or manipulate, unless by order of the Town Manager or his/her designated
representative or Fire Chief, any of the fireplugs or hydrants of
the Town.
Every person occupying a lot or tenement into which water is
conveyed, from the Town water system, shall permit the Town Manager
or his/her designated representative to enter such lot or tenement,
at reasonable hours, to inspect the work therein or to see if the
provisions of this chapter and other ordinances of the Town relative
to the water system are being or have been violated.
No person shall bathe in the reservoir or springs of the Town
water system.
No person shall deposit any offensive matter or any stick, mud
or rubbish in the reservoir or springs of the Town water system. No
person shall knowingly or willfully cast any dead animal or any other
noxious substance or matter, or what is commonly known as "bait,"
into any of the streams, springs, reservoirs, or other sources of
the Town water supply, nor drown and leave, or cause to be drowned
and left, any animal therein, or do any other similar act by reason
of which the health of any person is affected, or the water supply
of the Town is rendered impure or offensive.
No person shall, without lawful authority, climb over or get
through or break into the enclosure of the reservoir or springs of
the Town water system.
No person shall place any building material, rubbish or other
matter at the stopcock, street main or service pipe or obstruct access
to any fixture connected with the waterworks.
No person shall remove or injure any pipe, fireplug, hydrant,
cock or other part of the Town water system.
No person shall open any pipe, fireplug, hydrant, cock or other
part of the Town water system so as to waste water.
A.
Incorporation of state waterworks regulations. 12 VAC 5-590-590 through
5-590-630 (along with the definitions of 12 VAC 5-590-10 of the Virginia
Administrative Code), are incorporated into this chapter. Future revisions
of these regulations shall be incorporated herein, ipso facto, without
further action by the Council (Code of Virginia § 15.2-2144).
B.
Cross-connection control program. The Town shall adopt and implement
a cross-connection and backflow prevention program in accordance with
12 VAC 5-590-600(B).
C.
General requirement. No person shall create, maintain, or allow a
cross-connection involving the Town's water system.
D.
Discontinuance of service. If a cross-connection exists or backflow
occurs with respect to a user's water system or if the pressure
in the waterworks is lowered below 10 psi gauge, the Town may discontinue
the water service to the user until the deficiencies have been corrected
in the judgment of the Town.
E.
Protection of potable water supplies. Any water outlet could be used
for potable or domestic purposes and is not supplied by the potable
system must be labeled as "Water Unsafe for Drinking" in a conspicuous
manner.
F.
Entry and inspection.
(1)
The privilege of maintaining a connection to the Town's water
system is conditioned upon the Town's being afforded the right
to enter a customer's premises after reasonable notice to inspect
the customer's water system for compliance with this chapter
and other applicable law.
(2)
If, after request, the Town is denied the right to enter and inspect,
it may terminate water service until it can verify that the customer's
water system is compliant.
Water shall not be turned on in any house or private service
except by the order of the Town Manager or his/her designated representative;
provided, however, that this section shall not be construed to prohibit
duly licensed and bonded plumbers from turning water into any such
pipes to test same or for purposes of testing the plumbing connected
thereto.
A.
No new water system, or extensions, shall be constructed except in
accordance with construction standards adopted by the Town Council
of the Town of Elkton. Detailed plans of such system or such extension
must be submitted to and written approval obtained from the Town Manager
or his/her designated representative before any work may be done in
connection with any such new system or extension.
B.
A copy of all such standards adopted by the Town Council for water
main construction or extension shall be maintained in the office of
the Town Manager or his/her designated representative and be open
to public inspection.
