HomeMy Public PortalAboutOrdinance No. 441 Amending CH. 13 Art. 2 TOWN OF FRASER
ORDINANCE NO. 441
Series 2017
AN ORDINANCE AMENDING CHAPTER 13 ARTICLE 2 OF THE FRASER MUNICIPAL CODE.
WHEREAS; the Water and Wastewater Committee and Town Board have evaluated the
Backflow Prevention and Cross-connection Control program and related matters and have
determined these amendments to be in the best interest of the community.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: ADOPTION OF AMENDMENTS TO TOWN CODE.
[Note: additions are shown in black bold print; deletions are shown as ctrikethrough print.]
CHAPTER 13 ARTICLE 2 -Water System
Sec. 13-2-10. - Definitions.
Whenever in this Article the words hereinafter defined or construed in this Article are used, they shall,
unless the content requires other uses, be deemed to have the following meanings:
"ACTIVE DATE" means the first day that a backflow prevention assembly or backflow prevention
method is used to control a cross-connection in each calendar year.
"AIR GAP" is a physical separation between the free-flowing discharge end of a potable water
supply pipeline and an open or non-pressure receiving vessel installed in accordance with
standard AMSE A112.1.2.
"BACKFLOW" means the undesirable reversal of flow of water or mixtures of water and other
liquids, gases or other substances into the public water systems distribution system from any
source or sources other than its intended source.
"BACKFLOW CONTAMINATION EVENT" means backflow into a public water system from an
uncontrolled cross connection such that the water quality no longer meets the Colorado Primary
Drinking Water Regulations or presents an immediate health and/or safety risk to the public.
"BACKFLOW PREVENTION ASSEMBLY" means any mechanical assembly installed at a water
service line or at a plumbing fixture to prevent a backflow contamination event, provided that the
mechanical assembly is appropriate for the identified contaminant at the cross connection and is
an in-line field-testable assembly.
"BACKFLOW PREVENTION METHOD" means any method and/or non-testable device installed at a
water service line or at a plumbing fixture to prevent a backflow contamination event, provided that
the method or non-testable device is appropriate for the identified contaminant at the cross
connection.
"CERTIFIED CROSS-CONNECTION CONTROL TECHNICIAN" means a person who possesses a
valid Backflow Prevention Assembly Tester certification from one of the following approved
organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow
Prevention Association (ABPA). If a certification has expired, the certification is invalid.
"CONTAINMENT" means the installation of a backflow prevention assembly or a backflow
prevention method at any connection to the public water system that supplies an auxiliary water
system, location, facility, or area such that backflow from a cross connection into the public water
system is prevented.
"CONTAINMENT BY ISOLATION" means the installation of backflow prevention assemblies or
backflow prevention methods at all cross connections identified within a customer's water system
such that backflow from a cross connection into the public water system is prevented.
"CONTROLLED" means having a properly installed, maintained, and tested or inspected backflow
prevention assembly or backflow prevention method that prevents backflow through a cross
connection.
"CROSS CONNECTION" means any connection that could allow any water, fluid, or gas such that
the water quality could present an unacceptable health and/or safety risk to the public, to flow from
any pipe, plumbing fixture, or a customer's water system into a public water system's distribution
system or any other part of the public water system through backflow.
"MULTI-FAMILY" means a single residential connection to the public water system's distribution
system from which two or more separate dwelling units are supplied water.
"OWNER" means any person owning water-using property.
"SINGLE-FAMILY" means a single dwelling unit which is supplied by a separate service line, shut
off, and water meter assembly; or
"SINGLE-FAMILY EQUIVELANT (SFE)" means a Standard unit of measurement that is based upon the
generally accepted amount of water used by one (1) single family dwelling unit.
"UNCONTROLLED" means not having a properly installed and maintained and tested or inspected
backflow prevention assembly or backflow prevention method, or the backflow prevention
assembly or backflow prevention method does not prevent backflow through a cross connection.
"WATER METER ASSEMBLY" means an individual water meter measuring unit, a meter
setter/copperhorn, a pressure reducing valve, a testable backflow prevention assembly and all
additional appurtenances that complete the assembly.
"WATER-USING PROPERTY" means any real estate within the Town on which a water-using unit is
located or intended or desired to be located.
"WATER SUPPLY SYSTEM" means a water distribution system, piping, connection fittings, valves
and appurtenances within a building, structure, or premises. Water supply systems are also
referred to commonly as premise plumbing systems.
"WATER SYSTEM" means the public water system owned and/or operated by the Town of Fraser(Town).
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"WATER-USING UNIT" means any space or any structure or building, movable,fixed or otherwise, or any
part or parcel of the same, for which a separate water rate is applicable, as hereinafter set forth, or, in the
alternative, any space or any structure or building, movable, fixed or otherwise, or any part or parcel
thereof, having or being equipped with a device, fixture or method for using water.
(Ord. 378 Part 1, 2010)
Sec. 13-2-20. -Other water systems.
No person or owner shall own, operate, manage, control or possess a well or other water system for
purposes of furnishing water service to any water-using property or water-using unit within the corporate limits
of the Town without first obtaining a franchise therefor from the Town in the manner provided by,through and
under the laws of the State. Said franchise shall not be issued if the Board of Trustees finds and determines
that the water system owned and operated by the Town can furnish water to the water-using property at a
reasonable cost and expense to the owner.
(Ord. 378 Part 1, 2010)
Sec. 13-2-30. -Obtaining water.
No person shall obtain water from the water system of the Town, nor shall any water be furnished to any
water-using unit or water-using property, except by, though, under and in accordance with this Article.
(Ord. 378 Part 1, 2010)
Sec. 13-2-40. -Application procedures.
(a) Written application required.
(1)Service connections.Owners desiring water service shall submit a complete building permit application
and other required documents to the Building Department. ' -- .• -- ••- --- - - e: -- . - -
(2)Applications shall be made only in the name of and for owners of real property.
(b) Conditions for new tap.A tap and service connection will be considered and deemed a new tap except
where all of the following conditions exist:
(1)A tap and service connection from the water system to the water-using property and/or water-using
units is in existence which is adequate by acceptable standards, serviceable and in good repair;
(2)The supplying of water from the water system to the water-using property and/or water-using units from
said tap and service connection has not been abandoned or discontinued by action or request of the
owner of said water-using units and/or water-using property; and
(3)No delinquency exists in any charges for water service or fees provided for in this Article concerning
the water-using property and/or water-using units.
(Ord. 378 Part 1, 2010)
Sec. 13-2-50. -Service connections.
(a) Installation by owner. Installation of all service lines and other facilities extending from the corporation
stop to the water-using unit, including,without limitations,all excavation and backfilling,and the continued
maintenance thereof, shall be done, made and performed by the owner at the owner's sole expense.
(b) No excavation shall be made in, on or about any street, highway or public rights-of-way unless and
until the owner or excavator shall have first obtained any and all applicable permits.
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(c) Excavation and backfilling.
(1)All excavations in a galley public right-of-way shall be in conformity with this Article and this
Code, including Chapter 14.
(2)The backfilling of all trenches under public rights-of-way shall be completed
according to the approved permit.
(d) Extension of service line prohibited. Each property shall be served by its own service line, and no
connection with the water utility shall be made by extending the service line from one (1) property to
another property. In cases where service lines have been so extended from one(1)property to a different
property before this prohibition was adopted,the continued use of such extension shall be permitted only
until water mains are laid to service such property,at which time connections shall be made to the water
main at the expense of the owner of the property served by such extension, and such extended service
line shall be discontinued.
(e) Owner to maintain service line. The owner of any property connecting to the water utility shall be
responsible for the maintenance of the water service line from the corporation stop on the main to the
structure being served and shall keep such line in good condition at his or her expense. The property
owner shall, at his or her expense, at all times keep all pipes, fixtures and appliances on said property
leak-free and in good working order so as to prevent waste of water. Leaks or breaks in any portion of the
water service line shall be repaired by the property owner within a reasonable period of time after
notification of such condition by the Town,or within the time specified in the notification from the Town, if
applicable. The Town reserves the right to shut off the water service, effect a repair and collect the cost
thereof from the customer if notification of the customer cannot be accomplished in a timely manner,if the
customer does not act promptly to affect the repair or if, in the sole opinion of the Town Manager, other
circumstances make such action necessary and in the best interests of the Town. Without limiting the
generality of the foregoing, the Town may charge the customer for repairs if the source of a leak is not
obvious and, upon investigation by the Town, the source of the leak is determined to be the customer's
service line. In all such cases where a leak occurs in a service line,the customer shall be responsible for
costs of repairing the service line and any collateral damage caused by the leak and repairs,including any
damage to adjoining public rights-of-way or infrastructure.The Town's lien, as provided in Section 13-2-
280 of this Article, shall extend to and secure all such costs and other sums owed to the Town. No
adjustment shall be made on water service fees by reason of a leak in a service line. Any water leak is
considered an emergency and shall be handled as such.
(f) Separate connections required.
(1)No tap and service connection shall be connected to or serve more than one (1) water-using unit,
except where such water-using unit is contiguous with another water-using unit, and is reasonably
operated with such other water-using unit as an integrated operation and where such water-using unit
is, and shall remain, in common ownership.
(2)Any water-using unit operated as an integrated unit and operation under this Section which
subsequently passes into the ownership of different owners shall each be required to have a
separate tap and service connection and shall pay all applicable fees prior to any change in
ownership.
(3)No water pipes shall be permitted to connect between one (1) water-using unit and another water-
using unit, except pursuant to, and in accordance with, this Section.
(4)No water pipes or water installations of any type whatsoever shall be laid,constructed or permitted to
cross property not owned by the owner on whose property the tap and service connections from the
water system originate, nor shall any such pipes or water installations be constructed, laid or
permitted to cross other property owned by the owner on whose property the tap and water
connection from the Town originates.
(5)Other provisions of this Article to the contrary notwithstanding, multiple units,such as but not limited to
condominiums and apartments may be connected to the Town system in the following manner:
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a. Condominiums.At the discretion of the builder or developer,each condominium structure may
be served by a single service line from the water main to each structure of such size as may be
required by the then-applicable plumbing code or, if there is none, then as may be required by
the Building Official, to serve all units within such structure; or by multiple service lines which
shall be not less than three-quarter inch lines from the water main to each individual unit.
Each service line, whether to a structure or a unit, shall include a curb stop which shall be
readily accessible and clearly marked to show which unit or structure is served by said line and
shall also include a separate water meter assembly for each unit. If a single service line to
a structure is provided, billing shall be made to the homeowners'association responsible for the
structure,and failure to pay any portion of the amount due may result in the termination of water
service to the entire structure and/or such other procedure as may be available to the Town to
collect the funds due. For such purposes, the entire structure shall be considered as a single
water user, and under no circumstances shall billings be made to individual owners in a
structure served by a single water service line. When single service lines and water meter
assemblies are provided for each unit in a multiple structure, billing shall be made to each
individual owner.
b. Duplexes,apartments and other multiple-unit single-ownership structures.At the discretion of
the builder or developer, a multiple-unit structure with a single owner may have single or multiple
service lines, provided that any such line is not less than three-quarters (3/) inch or as may be
required by the then-applicable plumbing code or, if there is none, then as may be required by
the Building Official. Payment of water charges and fees shall be the responsibility of the owner
of the property served, and, if there are any multiple units which are owned separately by
individuals, the structure shall be subject to the same procedure as is applicable to
condominiums in Subparagraph a.above,with termination of the entire structure if there is only
one (1)service line and one(1)water meter assembly and nonpayment of any portion of the
water service fees occurs.
(g) No connection to be made in winter. No connections shall be made to the Town water system between
October 15'^and April 15"'unless approved by the Town. - -• ••- •. • - • • deems that such
(h) Backflow Prevention and Cross-Connection Control Program
(1)Purpose
The purpose of this program is to protect the Town of Fraser's public water system (Town)from
contaminants or pollutants that could enter the distribution system by backflow from a customer's
water supply system through the service connection.
(2)Authority
The authority to implement this program is contained in the following statute, legislation and
regulations and acts:
a. Article 1-114 and Article 1-114.1 of Title 25 of the Colorado Revised Statutes (CRS)
b. Section 39 of 5 CCR 1002-11, Colorado Primary Drinking Water Regulations
c. Colorado Plumbing Code
The Town shall have the authority to survey all service connections within the distribution system
to determine if the connection is a cross-connection.
The Town shall have the authority to control all service connections within the distribution system
if the connection is a cross-connection.
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The Town may control any service connections within the distribution system in lieu of a survey
as long as the service connection is controlled with an air gap or reduced pressure zone backflow
prevention assembly.
The Town may collect fees for the administration of this program.
The Town shall maintain records of cross-connection surveys and the installation, testing and
repair of all backflow prevention assemblies installed for containment and containment by
isolation purposes.
Except as otherwise provided herein, the Town shall administer, implement and enforce the
provisions of this program.
(3) Applicability
This program applies to all Water Using Units.
(4)Requirements
a. If a cross connection has been identified an appropriate backflow prevention assembly and or
method shall be installed at the customer's water service connection within 120 days of its
discovery. The assembly shall be installed downstream of the water meter or as close to that
location as deemed practical by the Town. If the assembly or method cannot be installed within
120 days the Town shall take action to control or remove the cross connection, suspended
service to the cross connection or receive an alternative compliance schedule from the
Colorado Department of Public Health and Environment.
b. In no case shall it be permissible to have connections or tees between the meter and the
containment backflow prevention assembly.
In instances where a reduced pressure principle backflow preventer cannot be
installed,the owner must install approved backflow prevention devices or methods at
all cross-connections within the owner's plumbing system.
c. Backflow prevention assemblies and methods shall be installed in a location which provides
access for maintenance, testing and repair.
d. Reduced pressure principle backflow preventers shall not be installed in a manner subject to
flooding.
e. Provisions shall be made to provide adequate drainage from the discharge of water from
reduced pressure principle backflow prevention assemblies.Such discharge shall be conveyed
in a mater which does not impact waters of the state.
f. All assemblies and methods must be protected to prevent freezing. Those assemblies and
methods used for seasonal services may be removed in lieu of being protected from freezing.
The assemblies must be reinstalled and then tested by a certified cross-connection control
technician upon reinstallation.
g. Where a backflow prevention assembly or method is installed on a water supply system using
storage water heating equipment such that thermal expansion causes an increase in pressure,
a device for controlling pressure shall be installed.
h. All backflow prevention assemblies shall be tested at the time of installation. On an annual
schedule thereafter, commercial, industrial, and multi-family service connections shall be
tested on an annual basis.Alf-dingle . - . • - _ - .Such tests
shall be conducted by a Certified Cross-Connection Control Technician.
i. The Town shall require inspection, testing, maintenance and as needed repairs and
replacement of all backflow prevention assemblies and methods, and of all required
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installations within the owner's plumbing system in the cases where containment assemblies
and or methods cannot be installed.
j. All costs for design, installation, maintenance, testing and as needed repair and replacement
shall be borne by the customer.
k. No grandfather clauses exist except for fire sprinkler systems where the installation of a
backflow prevention assembly or method will compromise the integrity of the fire sprinkler
system.
I. For new buildings, all building plans must be submitted to the Town and approved prior to the
issuance of water service. Building plans must show:
Water service type, size and location
ii. Meter size and location
iii. Backflow prevention assembly size, type and location
iv. Fire sprinkler system(s) service line, size and type of backflow prevention assembly.
All fire sprinkling lines shall have a minimum protection of an approved
testable double check valve assembly for containment of the system.
ii. All glycol (ethylene or propylene),or antifreeze systems shall have an approved
reduced pressure principle backflow preventer for containment.
iii. Dry fire systems shall have an approved testable double check valve assembly
installed upstream of the air pressure valve.
iv. • .. • . .
(5) Inspection, Testing and Repair
a. Backflow prevention assemblies or methods shall be tested by a Certified Cross-Connection
Control Technician upon installation and tested at least annually,thereafter.The tests shall be
made at the expense of the customer.
Any backflow prevention assemblies or methods that are non-testable, shall be
inspected at least once annually by a certified cross-connection control technician.The
inspections shall be made at the expense of the customer.
b. As necessary, backflow prevention assemblies or methods shall be repaired and retested or
replaced and tested at the expense of the customer whenever the assemblies or methods are
found to be defective.
c. Testing gauges shall be tested and calibrated for accuracy at least once annually with the
results being provided to the Town for their records.
(6) Reporting and Recordkeeping
a. Copies of records of test reports, repairs and retests shall be submitted to the Town by mail,
facsimile or e-mail by the testing company or testing technician.
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b. Copies of records of test reports, repairs and retests, or replacements shall be kept by the
customer for a minimum of three (3) years.
c. Information on annual test reports shall include, but may not be limited to,
Assembly type
ii. Assembly location
iii. Assembly make, model and serial number
iv. Assembly size
v. Test date; and
vi. Test results including all results that would justify a pass or fail outcome
vii. Certified cross-connection control technician certification agency
viii. Technician's certification number
ix. Technician's certification expiration date
x. Test kit manufacturer, model and serial number
xi. Test kit calibration date
(7) Right of entry
a. Representatives of the Town shall have the right of entry to survey any and all buildings and
premises for the presence of cross-connections for possible contamination risk to and for
determining compliance with this section.This right of entry shall be a condition of water service
in order to protect the health, safety and welfare of customers throughout the public water
system's distribution system.
(8)Compliance
a. Customers shall cooperate with the installation, inspection, testing, maintenance, and as
needed repair and replacement of backflow prevention assemblies and with the survey process.
For any identified uncontrolled cross-connections,the Town shall complete one of the following
actions within 120 days of its discovery:
Control the cross connection
ii. Remove the cross connection
iii. Suspend service to the cross connection
b. The public water system shall give notice in writing to any owner whose plumbing system has
been found to present a risk to the public waters system's distribution system through an
uncontrolled cross connection. The notice and order shall state that the owner must install a
backflow prevention assembly or method at each service connection to the owner's premises to
contain the water service. The notice and order will give a date by which the owner must comply.
In instances where a backflow prevention assembly or method cannot be installed,the
owner must install approved backflow prevention assemblies or methods at all cross-
connections within the owner's water supply system. The notice and order will give a
date by which the owner must comply.
(9)Violations and Penalties.
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Any violation of the provisions of this program,shall result in penalties as adopted by the Board of
Trustees and/or as provided in all applicable statues, laws, and
regulations.
(10) Conflict with other codes.
If a dispute or conflict arises between the Colorado Plumbing Code as adopted herein, and any
plumbing, mechanical, building, electrical,fire or other code adopted by the State or Town,then
the most stringent provisions of each respective code shall prevail.
(h) - e .e ' - - .e• e . ' - e .e••-. •-• • - -- ' •' - • - - -• •-- •- .•
backflow event, these contaminants can be drawn or pushed back into the potable water system. A
. .. • .. .
being taken.
prevention devices, as required by Article 12 of the Colorado Primary Drinking Water Regulations,5
C.C.R. 1003 1 ("Article 12").All service connections within the water system must comply with said
Town's water system operator or water system engineer. Any new water service installation will be
inspected for compliance with these requirements for backflow prevention.
technician. Testing results must be submitted to the Town; failure to submit satisfactory testing
results shall result in penalties as adopted by the Board of Trustees.
(Ord. 378 Part 1, 2010; Ord. 404 Part 1.1, 2013; Ord. 419 Part 1.2, 2014)
Sec. 13-2-60. -Supplying water to others.
No person or owner obtaining water from the water system for any water-using unit shall supply water to
any other water-using unit or any other user.
(Ord. 378 Part 1, 2010)
Sec. 13-2-70. - Method of extension.
(a) The supplying of water and water service to an area within the corporate limits of the Town where no
water distribution or transmission line is available shall be accomplished, made, done and performed by
one (1)of the following methods at the option of the Board of Trustees:
(1)The person requesting such water and water service shall advance to the Town all such distribution
and/or transmission line extension costs.
(2)The Town, at its discretion, may enter into a written agreement whereby the person requesting such
water and water services shall install, at his or her own expense, the necessary distribution or
transmission line extensions under a contract let to the lowest acceptable host responsible and
responsive bidder as approved by the Board of Trustees.
(b) Any of the above methods shall be made, accomplished and performed in accordance with adopted
standards, specifications, drawings,engineering and other reasonable requirements established,adopted
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and/or approved by the Board of Trustees. See Chapter 14 — Design Criteria and Construction
Standards.
(Ord. 378 Part 1, 2010)
Sec. 13-2-80.- Extension fee required.
In addition to any and all other fees and costs, the person requesting such water and water service shall
pay to the Town the sum of three percent(3%)of the total construction costs of said distribution or transmission
line extensions to defray the costs of administration by the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-90. - Extension of facilities reimbursement.
(a) An applicant who extends a water line to serve#is-er-her their particular property may be eligible for
reimbursement from future connectors to that extension. The basis, or formula,for this reimbursement
shall be determined by the Board of Trustees and shall be outlined within an written agreement between
the applicant and the Town prior to any construction.The applicant's right to reimbursement under a water
service contract shall extend from the date of the execution of said contract to a date negotiated between
the applicant and the Town.
(b) This reimbursement shall be made only by future connecters connections to the line. Such
reimbursement shall not be made from any revenues,fees or charges inuring to the benefit of the Town
water utility as a result of this Article.
(Ord. 378 Part 1, 2010)
Sec. 13-2-100. -Water distribution and transmission lines and appurtenances to become Town property.
(a) Customers, applicants, landowners, subdividers or developers who have completed construction of
water lines and appurtenances shall, before these water lines and appurtenances are accepted by the
Town for service, deed these water lines and appurtenances, except for service lines and including all
necessary easements, to the Town free and clear of all liens and encumbrances, properly described by
certified survey, and furnish appropriate surety to warranty the facilities for one(1)year from the date of
acceptance of the lines by the Town.
(b) In the event a special district is formed by the applicant for the purpose of financing water lines and
appurtenances, the applicant shall make such transfer by deed free and clear of all liens and
encumbrances incurred by said special district.
(c) During any period of time prior to the deeding of the water distribution and transmission lines and other
appurtenances to the Town by the applicant, the Town shall have control of these lines as though they
were deeded to the Town, except that the applicant will be responsible for maintenance of the lines until
they are deeded to the Town. This means that the Town will have the exclusive authority to determine
what additional uses will be made of this line, including but not limited to such items as who will be allowed
to connect to the line, the conditions under which connections will be made, the rates to be charged and
the conditions of service.
(Ord. 378 Part 1, 2010)
Sec. 13-2-110. -Construction of mains and trunk lines.
All plans and specifications relating to water lines, storage facilities, pumping facilities or other
appurtenances to be connected to the Town water system shall conform to the utility dDesign Criteria and
Construction sStandards established by the Board of Trustees. Such plans and specifications shall be
submitted to the Town for review and approval prior to construction.The cost of such review by the Town shall
be borne by the applicant.
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(Ord. 378 Part 1, 2010)
Sec. 13-2-120. -Conformance to Town standards.
As a condition of receiving water service from the Town,an applicant for service shall agree not to develop
his-or her their land without first submitting his-erhef their development plans, including detailed construction
drawings and specifications for water lines,sanitary sewer lines and roads,to the Town for review and approval
prior to construction.An applicant for water service shall not build any streets or other public improvement-type
facilities or buildings except in accordance with standards and specifications established by the Board of
Trustees.
(Ord. 378 Part 1, 2010)
Sec. 13-2-130. -Sale of land restricted.
No developer or subdivider shall offer for sale any land within the corporate limits of the Town with the
implication that water service is available from the Town water utility, unless and until the Town and applicant
have entered into a written agreement pursuant to the conditions of Section 13-2-70.
(Ord. 378 Part 1, 2010)
Sec. 13-2-140. -Water conservation measures.
(a) Outside watering and irrigation are prohibited between the hours of 9:00 a.m.and 5:00 p.m.Hand-held
watering by hose and watering canister is exempt from these provisions.
(b) Washing of cars, boats,campers,windows and the like shall be done only when the hose is equipped
with a flow-restricting device such as a trigger nozzle.
(c) Outside watering may be prohibited within certain subdivisions pursuant to water decrees and/or
development approvals.
(Ord. 378 Part 1, 2010)
Sec. 13-2-150. -Cross-connections prohibited.
It shall be unlawful for any person to have a cross-connection between any private line,facility or source
and a line or facility carrying water from the Town water utility.
(Ord. 378 Part 1, 2010)
Sec. 13-2-160. - Health hazards.
The Town may refuse to provide water service for any use which would constitute a health and safety
hazard to the Town or County as determined by the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-170. -Change of use of water prohibited.
It shall be prohibited for any person to alter,change,enlarge or extend in any manner whatsoever the type
of use for which water was originally taken and used from the Town water utility without the express written
consent of the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-180.- Use of water by other than water utility customers.
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It shall be unlawful for any water-using unit receiving water service hereunder to permit any other person,
firm or corporation to take or use water from hic er their water service for any use not approved by the
Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-190. -Sewer service requirement.
All water-using units must connect to the Town sanitary sewer system.The terms of such connection shall
be determined by the Town and conform to the rules and regulations of the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-200. -Connection fees.
An applicant for water service from the Town shall pay all connection fees prior to connection as
established by the Board of Trustees.Connection fees include, but are not limited to,a water meter assembly,
sill-sesk water shut-off and other necessary appurtenances; and such meter installation shall become the
property of the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-210. - Plant investment fees.
(a) An applicant for water service shall pay a water plant investment fee for each water-using unit
requesting such service. Water plant investment fees will be established by the Board of Trustees by
resolution and are subject to change from time to time.Such fee shall be paid in full prior to the issuance
of a certificate of occupancy for any water-using unit. Said fee shall be in addition to all other fees or
charges relating to water service elsewhere described in this Article, and in no case shall such plant
investment fee be rebated under any circumstances.
(b) The water plant investment fee for each SFE unit is contained in Appendix A to this Code.
(c) Upon issuance of a building permit, the water-using unit may access the Town water system for
construction and firefighting purposes in accordance with the provisions of the Article.After issuance of a
building permit,and prior to issuance of a certificate of occupancy,water service fees shall be assessed at
thirty-three percent(33%)of the normal base service fee applicable to the unit.
(d) The water plant investment fee for any new development, remodel,addition or change of use shall be
determined by multiplying the"water plant investment fee per SFE"rate by the applicable SFE multiplier
set forth in the SFE Schedule for Plant Investment Fees set forth below.This SFE schedule is based upon
typical expectations for the specified meter size and/or use. Unusual circumstances,or uses not specified
within the schedule, may require further evaluation to determine the applicable SFE rate.
SFE SCHEDULE FOR PLANT
INVESTMENT FEES
(1)A single-family residence is considered as a unit for all rate and fee calculations and is referred to as a
Single-Family Equivalent(SFE).
(2)Due to fire sprinkler and other requirements in some neighborhoods, single-family residences are
provided service by a range of water meter sizes between five-eighths-inch and one-inch meters.A
single-family residence serviced by such size water meter shall be considered one(1)SFE.A single-
family residence requiring a meter larger than one(1)inch shall be assessed SFEs pursuant to the
schedule provided by Paragraph (5) below.
(3)Accessory dwelling units as provided by the Zoning Ordinance shall be considered .35 SFE.
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(4)Multi-family residential units:
a. Individually owned units, such as townhomes and condominiums, shall be assessed in
accordance with paragraph (1)above.
b. Multi-family rental units under common ownership, such as apartment buildings, shall be
assessed as follows:
1. Studio unit equals .25 SFE.
2. One-or two-bedroom unit equals .3 SFE.
3. Additional bedrooms equal .1 SFE per bedroom.
(5)Commercial structures shall be assessed a number of SFEs based upon the meter size in accordance
with the following schedule:
A
Commercial Meter
Size SFE
5/8 or 3/" meter 1 SFE
1" meter 2 SFE
1%2" meter 4 SFE
2" meter 8 SFE
3" meter 12 SFE
4" meter 24 SFE
6" meter 48 SFE
(6)Mixed use residential and commercial structures shall be assessed SFEs based upon the commercial
meter size as provided by Paragraph (5) above.
(e) A water-using unit that replaces an existing water meter with a larger water meter,or any other change
in use or additions, shall be responsible for additional plant investment fees in accordance with the
increase in SFEs.
(Ord. 378 Part 1, 2010; Ord. 395 Part 2, 2012; Ord. 436 Part 1(Exh. A), 2016)
Sec. 13-2-220. - Utility report fee.
There is hereby established a separate fee for providing a report of water or other utility charges owed
upon request by or on behalf of the utility rate payer, in such amount per report requested as is established
from time to time by ordinance or resolution adopted by the Board of Trustees,as set forth in Appendix A to this
Code.
(Ord. 378 Part 1, 2010)
Sec. 13-2-230. - Reserved.
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Sec. 13-2-240.-Water service rates.
Fees are hereby levied and assessed for water and water service at the rates as established from time to
time by resolution adopted by the Board of Trustees.Such rates are hereby found,determined and declared by
the Board of Trustees to be equitable and just.
(Ord. 378 Part 1, 2010)
Sec. 13-2-250.- Basis for water service fee.
All rates for water service shall be based on the SFE schedule for water service fees as set forth below.
Fees for water service will be established and subject to change from time to time upon approval of the Board
of Trustees by resolution.
SFE SCHEDULE FOR WATER
SERVICE FEES
(1)A single-family residence is considered as a base unit for all rate and fee calculations and is referred to
as one(1)Single-Family Equivalent(SFE).
(2)Due to fire sprinkler and other requirements in some neighborhoods, single-family residences are
provided service by a range of water meter sizes between five-eighths-inch and one-inch meters.A
single-family residence serviced by such size water meter shall be considered one(1)SFE.A single-
family residence requiring a meter larger than one(1)inch shall be assessed SFEs pursuant to the
schedule provided by Paragraph (5) below.
(3)Accessory dwelling units as provided by the Zoning Ordinance shall be considered .35 SFE.
(4)Multi-family residential units (townhomes, apartments, condominium units, mobile homes) shall be
assessed one(1)SFE per unit.
(5)Commercial structures shall be assessed a number of SFEs based upon the meter size in accordance
with the following schedule:
Meter Size SFE
5/8 " or 3/" meter 1 SFE
1" meter 2 SFE
1W' meter T 4 SFE
2" meter 8 SFE
3" meter 12 SFE
4" meter 24 SFE
6" meter 48 SFE
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(6)Mixed use residential and commercial structures shall be assessed an SFE based upon the
commercial meter size as provided by Paragraph (5).
(7)Vacant platted residential lots shall be assessed an availability of service fee which shall be five
percent(5%)of the base service fee.
(Ord. 378 Part 1, 2010; Ord. 436 Part 1(Exh. A), 2016)
Sec. 13-2-260. -On-and-off charges.
Each time that the Town is required to either turn on or turn off the water service for a water-using unit,the
owner shall pay the applicable on-and-off charge as established by the Board of Trustees by resolution. This
charge shall not apply in cases where a new connection/service is being installed,emergency repairs or initial
construction of the water-using unit.
(Ord. 378 Part 1, 2010)
Sec. 13-2-270. - Late payment charges.
Water accounts are billed on the last day of the quarter and shall be considered delinquent on the twenty-
sixth day of the following month. Delinquent accounts will be assessed a penalty as adopted by the Board of
Trustees and a finance charge of one percent(1%) per month on the unpaid balance due.
(Ord. 378 Part 1, 2010)
Sec. 13-2-280. - Unpaid water bills a lien.
(a) All unpaid water fees and charges shall be a lien upon the water-using property and/or the water-using
unit to or for which water was supplied and/or fire protection services were provided from the time when
said taxes and charges become due and shall be a perpetual charge and lien against said water-using
property and/or water-using unit until paid. Said taxes and charges shall be collected and such lien
enforced as provided by law.
(b) In addition to the foregoing,the Town may terminate service to property and/or the water-using units to
or for which water was supplied until such time as all unpaid water fees and charges are paid.Terminated
water service will not be reconnected until all fees and charges are paid or arrangements are made for
payment as approved by the Town.
(Ord. 378 Part 1, 2010)
Sec. 13-2-290.- Delinquent charges placed on tax rolls.
In addition to or as an alternative to the foregoing sections for collection of unpaid water charges, and to
the other remedies provided in this Article, in the event that any charges as provided in this Article are not paid
when due, which charges shall include service fees, plant investment fees, penalties, interest and attorneys'
fees,among any other charges,the Town Clerk may certify such delinquent charges to the County Treasurer to
be placed by the County Treasurer upon the tax rolls for the current year, to be collected in the same manner
as other taxes are collected,with ten percent(10%)of the amount of such delinquency added thereto to defray
the costs of collection; and all laws of the State for the assessment and collection of general taxes and the
enforcement of liens therefor, including the laws of the sale of property,delinquency taxes and redemption of
the same, shall apply.The property to be assessed the delinquent charges shall be that real property which is
being benefited by the water service provided by the Town or contemplated to be provided by the Town, for
which the particular water charges have not yet been paid.This certification and assessment may be made by
the Town Clerk whenever any delinquent charges exist.
(Ord. 378 Part 1, 2010; Ord. 436 Part 1(Exh. A), 2016)
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Sec. 13-2-300. -Other water sources.
No person shall in any way connect to or introduce water from any other source to the Town water system.
(Ord. 378 Part 1, 2010)
Sec. 13-2-310.-Water meters.
(a) All new connections to the Town water utility shall be metered in accordance with Town requirements.
(b) All water meters assemblies shall be of a type,size and design as set forth in the-Water Chapter 14—
Design Criteria and Construction Standards as adopted by the Board of Trustees.Maintenance and repair
of water meters shall be performed by the Town.Any costs associated with neglect,abuse or tampering of
the water meter assembly shall be the responsibility of the property owner and shall be added to other
water service fees.
(c) It shall be unlawful for any person to fail to install a water meter assembly as required in this Article or
for any person to tamper or interfere with any meter or meter seal or to so arrange his or her their water
service or piping so that the use of water will not be accurately registered by the meter. The Town may
terminate water service immediately to any user who violates the provisions of this Article until the water
meter assembly has been properly installed and any outstanding fees have been paid.
(d) The Town must be provided reasonable access for inspection and maintenance of the water meter
assembly. The Town may terminate service to any water-using unit if such access is denied and if the
Town has reason to believe that the water meter assembly is faulty in any way.
(e) Properties experiencing equipment failure will be given until the third quarter to grant access to the
Town for inspection and maintenance if currently prohibited by winter conditions or other unforeseen
circumstances. Failure to grant access and/or to repair the problem before this timeframe could cause the
assessment of an unmetered water penalty.
(Ord. 378 Part 1, 2010; Ord. 387 Part 1, 2011)
Sec. 13-2-320. - Installation of water meters.
(a) The cost of the water meter assembly and all labor and materials for the installation of the meter-and
appurtenances assembly shall be borne by the owner of the property served.
(b) The charges for water meter assemblies are hereby established as set forth in Appendix A to this
Code.
(c) The owner of the property shall provide adequate access for Town personnel to inspect the meter and
for remote meter readout.
(Ord. 378 Part 1, 2010)
Sec. 13-2-330. -Additional fees and charges.
(a) The payment of the fees and charges imposed by this Article shall not relieve the person paying the
same from the payment of any other fees or charges hereinafter imposed by ordinance; it being the intent
of this Article that said fees and charges prescribed by the various sections or subsections of this Article
shall be cumulative except where otherwise specifically provided.
(b) Water usage may be estimated from time to time for individual or groups of users due to acts of God,
equipment failure or other reasonable and customary reasons.Where adequate historical usage records
are available, these may be used to make such estimates. If historical records are inadequate to make
such estimates,the Town Manager may use typical usage for similar users or any other data to estimate a
fair usage.
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(c) The owner of any premises served shall also be liable for and shall reimburse the Town for all costs
incurred in connection with the collection of any fees, charges, penalties or other sums payable for the
provision of water equipment or service to the premises or in connection with the enforcement of this
Article, including reasonable attorney fees,whether or not suit is brought.The Town's lien shall extend to
and secure all such costs and other sums owed to the Town.
(Ord. 378 Part 1, 2010; Ord. 387 Part 1, 2011; Ord. 404 Part 1.1, 2013)
Sec. 13-2-340. - Deferral of plant investment fees.
(a) For purposes of this Section, the following words and phrases shall have the meanings as defined
herein:
Affordable housing means residential dwelling units for which the annual purchase or rental expense
does not exceed thirty percent(30%)of the gross annual income for low-income families in the County,as
published in the latest edition of the U.S. Department of Housing and Urban Development Block Grant
Program Guidelines.
Qualified developer means any person constructing new residential housing within the Town who is
contractually bound,through financing arrangements or otherwise, by a governmental or nonprofit agency
other than the Town,to provide all or a major portion of such residential housing as affordable housing for
a period of twenty(20)years or more.
(b) A qualified developer may request deferral of payment of water plant investment fees by submitting a
written application to the Board of Trustees in conjunction with development or subdivision review for an
affordable housing project. The applicant shall submit written proof of eligibility demonstrating to the
satisfaction of the Board of Trustees that the applicant is a qualified developer and the proposed project
will provide affordable housing in accordance with the requirements of this Section.Adequate proof shall
also be submitted that the developer cannot afford to immediately pay the water plant investment fees for
which deferral is requested, and that the deferral is necessary to make the project financially feasible.
(c) Final determination of eligibility for deferral of water plant investment fees, and the terms and
conditions for any such deferral, shall be made by the Board of Trustees. If determined to be eligible and
as a condition to the grant of any deferral,the applicant shall be required to enter into a contract with the
Town stating the terms of payment for the deferred water plant investment fees, and including suitable
guarantees,as determined by the Board of Trustees,that the project shall remain available as affordable
housing for twenty(20)years or more. Each such contract shall provide that, in case of any default by the
developer in the payment of the deferred fees or in the performance of the other terms of the contract,
such fees shall become immediately due and payable and shall be subject to the collection and penalty
provisions of this Article.
(d) Any deferral of payment of water plant investment fees that is granted pursuant to this Section shall not
be construed as excusing the performance of any other duty or obligation as required by this Article.
(Ord. 378 Part 1, 2010)
Sec. 13-2-350. -Civil actions.
The Town shall have the right to recover all sums due under the terms of this Article by judgment and
execution thereon through civil action in any court of competent jurisdiction.Such remedy shall be cumulative
with all other remedies provided herein for the enforcement of this Article.
(Ord. 378 Part 1, 2010)
Sec. 13-2-360. -Violations.
Failure to comply with the terms of this Article by failure to pay the necessary fees,charges and taxes and
failure to otherwise comply with the terms of this Article shall constitute an offense and a violation thereof.
Every person violating this Article shall be punished, upon conviction, by a fine of not less than twenty-five
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dollars($25.00) nor more than two thousand six hundred fifty dollars($2,650.00)or by imprisonment for a term
not exceeding one(1)year, or both such fine and imprisonment for each offense.Account delinquency for each
calendar month shall constitute a separate offense.
(Ord. 378 Part 1, 2010; Ord. 412, Part 1.8, 2013)
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or
parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided,
however,that such repeal shall not affect or prevent the prosecution or punishment of any person for
any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of
this Ordinance.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that
it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
thereof be declared invalid or unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND
SIGNED THIS 19th DAY OF APRIL, 2017.
Votes in favor: S BOARD OF TRUSTEES OF THE
Votes opposed: 1 TOWN OF FRASER, COLORADO
Votes abstained: ('1
BY:
Phili Vandernail, Mayor
�N OF F�SF
ATTEST:
(� AtAL aK YYI !
Antoinette McVeigh, Town Clio
cotoRA00
Published in the Middle Park Times on Alert;���, 2017.
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