The URL can be used to link to this page

Home My Public Portal About2010_03_23_O006 - Amending Chapter 34 (Utilities)The Town of ~~~~~~~~ PRESENTED March 23, 2010 ORDINANCE NO. 2010-0-006 ADOPTED March 23, 2010 AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLES II AND III OF THE TOWN CODE WHEREAS, review of the recent recodification of Chapters 15 and 19 of the Town Code identified the need for minor code changes to clarify and give definition to various sections of Chapter 34, Articles II and III of the code; and WHEREAS, the Leesburg Town Council conducted a public hearing on March 23, 2010 and recommended approval of the proposed amendments. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Amendments to Chapter 34 (Utilities) of the Town of Leesburg Code, as amended, is hereby amended to read as shown in Exhibit A attached hereto and incorporated herein. SECTION II. This ordinance shall be in effect upon passage. PASSED this 23rd day of March 2010. `'~i I~ristalfC. Umstattd, Mayor Town of Leesburg '"~1 ~~ ~ST• r _~ Clerk of Coun "1 P:\Ordinances\2010\0323 Amending Chapter 34.doc ARTICLE II. WATER SYSTEM* DIVISION 1. GENERALLY Sec.34-18. Definition. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Availability fee means the payment for purchase of capacity from the town's water system and facility. Charges mean other costs as established by town council. Connection Fee means the payment for purchase of a water meter assembly consisting of a meter, meter crock, meter setter, frame, cover and meter transmitting unit. Cross connection means any actual or potential connection or piping arrangement between potable and non-potable water supply. Public facility permit means a permit required prior to issuance of a zoning permit for payment of fees associated with connection to the public water supply system. Rate means amounts established by town council for consumption and use of public water supply system. Service line means the portion of water supply between the water main and the meter Supply line means the portion of water supply from the meter to the point of use. Water System is any part of the town's public water supply that includes water mains, fire hydrants, valves, pump stations, storage and treatment facilities. Sec. 34-22. Damage or obstruction of water system property; cross connections; unauthorized connections. No person shall obstruct the water system. No person shall make any connection to or draw water from the water system without first having received the permits to do so required in this article. No person shall maliciously, willfully or negligently break, damage, destroy. uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the town water system. Anv person violating this provision shall be subject to the fullest extent of the law including the cost of replacement or repair including materials, equipment and labor. (Code 1976, § 19-4; Ord. No. 77-0-8, § 1, 6-8-1977) Sec. 34-26. Permit to uncover lines, make connections, etc. No unauthorized person shall uncover, make any connections with, use, alter or disturb any public waterline or meter crock and appurtenances or use, alter, disturb or molest any meter crock assembly, pipe or other property of the town waterworks without first obtaining a written permit from the town manager. Anv damage from any cause directly or indirectly attributable to the owner or occupant of the premises shall be renewed or repaired by the town at the expense of the owner or occupant in auestion including the cost of materials, equipment and labor. (Code 1963, § 25-3; Code 1976, § 19-19) Sec. 34-38. Duty of owner of building to bear cost of installation and indemnify town. (a) All costs and expenses incident to the installation and connection of the water service, including service line and supply line, shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the water service. (b) The property owner is responsible for the maintenance and repair of the supply line. (c) The Town will maintain and repair the service line. Sec. 34-62. Rate for water drawn at public meter. The charge for eas# purchase of water drawn at the public meter at the water treatment plant or through a town leased meter shall be the In-Town Hiah Water Usage Rate as established by the town council. (Code 1963, § 25-25; Code 1976, § 19-47; Ord. No. 78-0-16, § 1, 6-28-1978; Ord. No. 91-0-46, § 2, 10-9-1991; Ord. No. 92-0-17, § 1, 6-23-1992; Ord. No. 93-0-14, § 1, 4-27-1993; Ord. No. 95-0-13, § 2, 5-9-1995) ARTICLE III. SEWERS AND SEWAGE DISPOSAL* DIVISION 1. GENERALLY Sec. 34-121. Duty of owner of building to install water closets, make sewer connections and discontinue use of privies. (a) The owner of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer at any point where such lot or parcel of land abuts on such streets or other public way, which is a part of, or which is served or may be served by the sewer system operated by the town, and upon which lot or parcel a building shall have been constructed for residential, commercial, industrial or recreational use, shall install, within such building, suitable sanitary water closets and make the necessary sewer connection to such sanitary sewer, provided such connection will not require a sewer line over 200 feet in length. (b) An owner installing sanitary water closets and making a sewer connection, as required in subsection (a) of this section, shall also discontinue the use of any dry closet or pit privy on the lot or parcel of land in question from the date of receiving notice to this effect from the town council or its duly designated agent. (c) Any owner whose property is now served by, or which at the time a sanitary sewer may be available, is served by a septic tank system or a privately owned sewage treatment plant will not be required to make the installation and connections referred to in subsection (a) of this section, as long as such septic tank system and private sewerage system conforms to and is maintained in strict accordance with all applicable ordinances, statutes, rules and regulations. In the event that such septic tank system or privately owned sewage treatment plant is not so maintained or is altered, enlarged or repaired, then such owner shall comply with the provisions of subsection (a) of this section, upon due notice thereof by the town council or its designated agent. (d) The owner or occupant se~s~-er is responsible for the maintenance of building drain, building sewer and building lateral. However, the town will repair any portion of the building lateral within the public right of way or public easement. (Code 1963, §§ 19-6--19-8; Code 1976, § 15-6) Sec. 34-124. Permit required to uncover, connect with, etc., public sewer. No unauthorized person shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the town manager. Anv damage from any cause directly or indirectly attributable to the owner or occupant of the premises shall be renewed or repaired by the town at the expense of the owner or occupant in question including cost of materials, equipment and labor. (Code 1963, § 19-9; Code 1976, § 15-10) Sec. 34-132. Damaging, defacing, etc., sewage works property. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the town sewage works. Anv person violating this provision shall be subject to the fullest extent of the law including the cost of replacement or repair including materials, equipment and labor. (Code 1963, § 19-39; Code 1976, § 15-19)