Chapter 13.15
IN GENERAL

Sections:

13.15.010    Violations of division.

13.15.020    Record of materials and map of water system.

13.15.030    Classification of premises for supply purposes – Consumers generally.

13.15.038    Required water connection and well restrictions.

13.15.040    Application for service generally.

13.15.050    Application for service outside city limits.

13.15.060    Connection charges – Connection fees.

13.15.070    Line extensions to facilitate connections.

13.15.080    Annual review of facilities fees and connection charges.

13.15.090    Service installation.

13.15.100    Size of service pipes to private residences.

13.15.110    Furnishing service through private lines.

13.15.120    Requirements and charges for fire suppression systems.

13.15.130    Unlawful connections or use of water.

13.15.140    Discontinuance of service at request of consumer.

13.15.150    Discontinuance or curtailment of service or water usage in event of drought or other water supply shortage or other emergency.

13.15.160    Damaging, obstructing, etc., waterworks property.

13.15.170    Protection of creeks and reservoirs.

13.15.180    City agents’ right of entry to consumer’s premises.

13.15.010 Violations of division.

Unless otherwise specifically provided, a violation of any provision of this division shall constitute a Class 3 misdemeanor. (Code 1985, § 29-1).

Cross reference – Penalty for Class 3 misdemeanor, SCC 1.05.100.

13.15.020 Record of materials and map of water system.

The director of public works shall keep a record of the quantity and description of all the materials used by him in erecting fire hydrants or in making extensions of water mains or services and cutoffs therein, and the location thereof, measured in feet and inches from some fixed and definite point, and shall furnish the city manager a complete report of all such work done by him or under his supervision. This data shall, from time to time, be entered upon a map of the city, to be furnished by the council, copies of which shall be preserved in the office of the director of public works and the city manager. (Code 1964, § 29-20; Code 1985, § 29-2).

13.15.030 Classification of premises for supply purposes – Consumers generally.

For the purpose of supplying city water all premises shall be placed in one or more of the following classes:

(1) A building under one roof and occupied as one residence, business or place of manufacture.

(2) A combination of buildings in one common enclosure and occupied by a family, business or place of manufacture.

(3) Every division of a double or tenement house having a partition wall and using a separate hall or entrance.

(4) A building of one or more apartments using in common one hall or entrance. Every apartment may be metered separately, if desired and if approved by the city manager.

(5) A building of one or more apartments or offices or both, using a common hall or entrance. Each apartment or suite of offices may be metered separately, if desired and if approved by the city manager.

(6) A vacant lot or tract of land. The owner or tenant of premises within each such class shall constitute a water consumer for which a minimum charge will be made. One connection and one meter will be allowed for one consumer as described above and only one water consumer shall be supplied through one connection or meter. (Code 1964, § 29-1; Code 1985, § 29-3).

13.15.038 Required water connection and well restrictions.

(1) Whenever city water service is available to any property in the city, the owner of the property shall be required to cause any and all facilities on the premises to be connected with such water service, the connection to be made as determined by the director of public works.

(2) If any owner of property in the city fails or refuses to connect to available city water service, the city may, at its option, cause the necessary work to be done to make the connection and the amount so expended, including any such fees and charges, shall be recoverable against such property owners.

(3) In the case where city water service is not available to a particular property, and city water service later becomes available to such property, the owner of the property shall be required to either have such connection made or elect to have such connection made within five years of the date city water service becomes available to the property.

(4) No water well shall be permitted when city water service is available to the property.

(5) For the purpose of this section, city water service shall be deemed available to any single-family housing structure whenever the city water main is either situated on the particular property or the distance from a 90-degree lateral connection to the city water service to the nearest property line of the parcel does not exceed 100 feet. For any property used for multifamily dwellings or for any business, commercial or industrial use, city water service is deemed available where the city water main is either located on the particular property, or the distance from a 90-degree lateral connection from the city main to the nearest property line of a parcel would not exceed 300 feet. Notwithstanding the foregoing, however, if the straight line distance from the point of connection to the water main to the nearest part of the structure to be served exceeds 200 feet in the case of a single-family structure, or 600 feet in the case of a multifamily, business, commercial, or industrial structure, the property owner may connect with such water service but is not required to do so. (Ord. 2010-16).

13.15.040 Application for service generally.

(1) Whenever any person owning property along the line of any water main desires the introduction of water into his premises, he shall make written application therefor to the chief finance officer, on forms prescribed by him and approved by the city manager. Such application shall set forth the name of the applicant, the location and description of the property into which the water is to be introduced, the purpose for which the water is to be used and the agreement of the property owner to pay, promptly upon presentation of bills for water consumed, at the rates prescribed by the city council by ordinance, all costs which may accrue on account of water service.

(2) The owner or occupant of any premises or lot previously connected to the city water system, but from which the meter has been removed, may apply for water service, on a form prescribed by the chief finance officer and approved by the city manager. Such application shall set forth the name of the applicant, the location and description of the property into which the water is to be reintroduced and the agreement of the applicant to pay, promptly upon presentation of bills for water consumed, at the rates prescribed by the city council by ordinance, all costs which may accrue on account of water service. Such applicant shall pay in advance the sum of $10.00 for cut-on service or for transfer of service.

(3) The owner of any lot or premises may also apply for water service for the exclusive use of construction, lawn irrigation, and plant watering. The installation of a meter to measure such separate service shall be at the owner’s expense. Such water service will not be extended into any dwelling, structure, or used in any manner which would lead to metered water from this service entering into the city’s sanitary sewer system. In turn, there will be no sewer user fee assessed against the metered water flowing through this service. Refer to SCC 13.45.030(4). (Code 1964, §§ 29-2, 29-3; Code 1985, § 29-4; Ord. 10-23-86, § II; Ord. 4-13-89).

13.15.050 Application for service outside city limits.

If the owner or occupant of property located outside the city limits, which property is along the line of a water main conveying potable water, desires to have city water introduced into his premises, he shall make written application to the city council, on forms prescribed for that purpose, except that an application requesting either a five-eighths-inch or three-fourths-inch meter serving one residence only shall be made to the city manager. Such application shall contain the applicant’s agreement or acknowledgment.

(1) That he will pay all water bills against such property.

(2) That the rates for water used outside the city shall be not less than 50 percent over the rates charged for the use of water for the same purpose within the city limits.

(3) That he will observe, and perform according to, all the rules, regulations and ordinances now in force or that may be hereafter passed or enacted by the city council in reference to the use of city water.

(4) That the city reserves the right to discontinue the service of water, at any time, to any person using same outside the corporate limits and without notice to such user.

Upon approval of the application, the procedure for the introduction of water shall be the same as provided for inside the city limits, unless otherwise required by the city council or the responsible administrative city officials. (Code 1964, § 29-24; Code 1985, § 29-5).

13.15.060 Connection charges – Connection fees.

(1) Connection Fees.

(a) The fees charged for all connections, including connections made to provide fire suppression systems, shall be $2,100 each, except as otherwise provided herein. This charge includes, but is not limited to, the service connection, the corporation stop (where required), the meter box, and the meter. Such fees shall be paid to the city prior to such connection. The foregoing notwithstanding, the director of public works may require that a higher deposit be made, prior to connection, if, in his opinion, the actual cost of such particular connection is likely to exceed $2,100. Such deposit may be made in cash, by bond with corporate surety, or by a letter of credit payable to the city approved by the director of public works. If such higher deposit is made and the actual cost exceeds the deposit, the person requesting the deposit shall owe the difference to the city which shall be due and payable within 30 days of billing; or, if the actual cost is less than the deposit, the city shall refund the difference to such person within 30 days of completion of work. Such actual cost may include, but is not limited to, labor, equipment, materials and other costs, but in no event shall the fees charged be less than $2,100 for each connection.

(b) Where the service connection and the meter box are installed by the developer, the city will install the required meter. The cost for the meter shall be based on actual cost, plus 30 percent of the actual cost to cover overhead and indirect cost. The developer shall be responsible for the inspection provided by the city. This cost includes all direct cost, plus 30 percent to cover overhead and indirect cost.

(2) Off-Site Facilities Fee.

(a) The off-site facilities fee for all applicants is to cover the cost of present and future capital facilities constructed. Capital expenditures include, but are not limited to, water source, raw water storage, treatment facilities, transmission lines, pump stations and major finished water storage facilities. The off-site facilities fee shall be assessed all connectors to an existing or proposed establishment of a water system as set forth in the schedule of facilities fees under subsection (2)(g) of this section. All monies collected as “off-site facilities fees” under this section shall be deposited in a special account of the water enterprise fund to be known as the “water facilities fees account.” Funds unexpended and remaining in this special account, at the end of each fiscal year, shall carry forward to succeeding fiscal years. Monies shall be disbursed from this special account to pay the costs of such present and future capital facilities, and related existing and future debt service with respect thereto.

(b) Off-Site and Oversize Main Credit Policy. Credits will be allowed against the off-site facilities fee for off-site extension in excess of 300 feet and/or line size in excess of minimum size required for the development. No credit will be allowed where a main size greater than minimum size in diameter is required to adequately serve the owner. Credits will be computed based on public bids for the subject construction, or the schedule of rates determined for construction of water systems established annually by the city engineer.

(c) The city council may by separate agreement with a developer enter into a reimbursement agreement for off-site facilities which may be required by the city and which would not be covered by the off-site and oversized main credit policy above.

(d) The total connection fee(s) and facilities fees for affected lots as shown on the final plat as approved by the planning commission will be submitted to the city no later than the date of consideration of said final plat by city council. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier’s check. In the event final plat approval is not obtained by the applicant, such connection fee(s) and facilities fee(s) shall be returned to the applicant without interest within five business days of the final plat consideration unless the applicant requests the aforementioned fees to remain in the city’s possession pending modifications and resubmission of the final plat for approval by city council.

The total connection fee(s) and facilities fee(s) for development requiring final plan approval by the building official shall be submitted to the city prior to said final plan approval. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier’s check.

The total connection fee(s) and facilities fee(s) in cases of increased water services that do not require any form of plan approval shall be paid at the time when service is requested. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier’s check.

(e) The city council may, by resolution, waive a portion of the facilities fees for water facilities installed under federal- or state-funded water projects. The portion of the fee that is waived shall be indicated as city financial participation in the water project.

(f) The city council may, by resolution, authorize the off-site facilities fee to be waived entirely or to be paid from the general fund for those commercial or industrial owners which the city council determines would be in the best interest of the city’s economic development and which would generate significant employment.

(g) Schedule of Water Facilities Fees.

Water Meter Size (Inches)

EDU*

Off-Site Facilities Fee

5/8"

1

$3,500

3/4"

1.5

$5,250

1"

2.5

$8,750

1 1/2"

4.375

$15,310

2"

8

$28,000

3"

16

$56,000

4"

25

$87,500

6"

50

$175,000

*Equivalent Dwelling Unit.

(h) Total Connection and Facilities Fee.

(i) The total fee due by the owner to the city shall be the appropriate facilities fee based on meter size and the connection fee. A connection fee shall be due for new connections only. Facilities fees shall be due for both new structures and additions to existing structures which add one-half equivalent dwelling units (EDU) or more to an existing structure.

The EDU, as set forth herein, shall be considered the same as the equivalent dwelling connection (EDC) as defined and derived in the latest Virginia Health Department Waterworks Regulations.

The facilities fee due shall be determined, first, by establishing the EDU demand on the system, and second, by the meter size set forth in subsection (2)(g) of this section, which will accommodate such demand. Such fee is due regardless of need for change to an existing water meter.

(ii) The minimum fee for any connection shall be that established for a five-eighths-inch meter.

(iii) If connections are made to water lines outside the city limits, or if the connecting lines come from outside the city limits, the total fee for connecting the applicant’s water line to the city’s water system shall be 50 percent more than the rate for a resident of the city for services within the city. (Ord. 2016-13; Ord. 2014-08; Ord. 2011-10; Ord. 2008-08; Ord. 2007-05; Ord. 2006-06; Ord. 2004-19. Code 1964, §§ 29-2, 29-2.1; Code 1985, § 29-6; Ord. 1-24-85; Ord. 2-27-86; Ord. 2-29-89, § 1; Ord. 3-22-90, § 1; Ord. 2-28-91; Ord. 4-11-91; Ord. 6-25-91; Ord. 2-27-92; Ord. 9-10-92; Ord. 12-16-93; Ord. 4-27-95; Ord. 3-14-96; Ord. 4-12-01; Ord. 10-25-01; Ord. 4-11-02).

13.15.070 Line extensions to facilitate connections.

(1) On any request for a water connection with the city’s water system, where a line is available in the street, a regular connection fee and facilities fee will be charged and the service line will be extended to the edge of the street right-of-way or property line. The applicant will be responsible for the construction and maintenance of the water line beyond the right-of-way line or the easement line.

(2) On any request for a water connection with the city’s water system, where the end of the water line must be extended along a city street prior to the service pipe leaving the main water line to extend to the right-of-way line, the cost of the main line extension will be charged to the applicant for the actual direct cost, plus 30 percent to cover overhead and indirect expenses. The regular connection fee and facilities fee shall be added to this charge.

(3) On any request for a water connection with the city’s water system, where a line is not in the street but available in the vicinity, a regular connection fee and facilities fee will be charged for the connection. The applicant will be responsible for easement costs and the cost of the construction of the water line beyond this point or the city will install the water line to the applicant’s property line for the actual cost, plus 30 percent to cover overhead and indirect expenses. The extended water line, if on private land, must be installed with a permanent easement between the main water line and the applicant’s boundary line.

(4) All water lines and connections which connect the city’s water system must be inspected and approved by the city. The developers shall be responsible for all direct cost related to inspection, plus 30 percent of the actual cost to cover overhead and indirect cost. This subsection does not apply to installations made by the city.

(5) Notwithstanding the provisions of this section, the city shall not be required to extend any water line along a street which is not part of the street system maintained by the city, until satisfactory bond has been furnished, conditioned upon the satisfactory improvement of the street in accordance with specifications for similar improvement set forth in SCC Title 17.

(6) Notwithstanding the foregoing, however, the city council may, by resolution, authorize the off-site water line extension to be wholly or in part paid by the city from the general fund and/or water utility fund for those commercial or industrial owners which the city council determines would be in the best interest of the city’s economic development and would generate significant employment. The city manager is authorized to approve such cost share arrangement, without such council resolution, provided the city’s cost or share meets the guidelines and parameters set forth by city council for dealing with developers, if the particular project, in the opinion of the city manager, proves to be in the best interest of the city as set forth above and is in accordance with the comprehensive plan and zoning requirements. (Code 1964, §§ 29-27, 29-28; Code 1985, § 29-7; Ord. 1-10-91; Ord. 2-28-91).

13.15.080 Annual review of facilities fees and connection charges.

Connection charges and facilities fees for the city water system shall be reviewed by the director of public works during the first quarter of each calendar year and presented to the city council for updating. (Code 1964, § 29-28.1; Code 1985, § 29-8; Ord. 12-13-90; Ord. 2-28-91; Ord. 2-23-95).

13.15.090 Service installation.

(1) Upon the receipt of an application for introduction of water into premises pursuant to SCC 13.15.040(1), the city manager shall cause to be constructed, by the department of public works, at the expense of the city, a water service pipe, including valve, leading from the water main to the curb nearest the main where the tap is to be introduced, and install a water meter thereon.

(2) Upon the receipt of an application for reintroduction of water into premises pursuant to SCC 13.15.040(2), the city manager shall cause the water meter to be reinstalled and the water cut on. (Code 1964, § 29-4; Code 1985, § 29-9).

13.15.100 Size of service pipes to private residences.

In tapping water mains for service pipes to private residences, no pipe of greater diameter than three-fourths inch shall be used, unless the owner of the property to be served has agreed, in writing, to pay the difference between the entire cost of the connection, including the meter, and the cost of a three-fourths-inch service pipe and a standard five-eighths-inch meter. (Code 1964, § 29-15; Code 1985, § 29-10).

13.15.110 Furnishing service through private lines.

Before the city furnishes water through pipe lines laid by property owners, such private lines, including the size, location and construction, shall be inspected and approved by the city manager or his authorized representative. Whenever the city furnishes water through any privately laid pipe lines, the city shall maintain such lines, so long as it furnishes water through them. In consideration of such maintenance, the city shall have the right to connect with and furnish water to such additional consumers through such lines as the city may determine, without any charge being made by the owners of such lines to the city or to the owners of any property connected therewith. (Code 1964, § 29-26; Code 1985, § 29-11).

13.15.120 Requirements and charges for fire suppression systems.

All fire suppression systems to be connected to the city’s water supply for fire protection purposes shall be installed in a manner and be of such types as are approved by the director of engineering and utilities and the fire chief. Such system shall be maintained in such manner as to conserve water and the city reserves the right to discontinue water service if they are not so maintained. (Code 1964, § 29-15.1; Code 1985, § 29-12; Ord. 4-11-91).

13.15.130 Unlawful connections or use of water.

(1) It shall be unlawful for any person to introduce water from the city waterworks upon any premises, except as provided in this chapter, or for any person, other than the authorized agents of the city, to introduce into any lot or tenement water from the city pipes, or introduce any ferrule or other fixture into such pipes, or construct or lay down, or have constructed or laid down, any pipes or other works for the purpose of introducing water into a lot or tenement, or break up any street for the purpose of constructing or laying down any such pipes or works.

(2) It shall be unlawful for any person not acting under the authority of the director of public works to turn the water on for any premises or for any person to take, receive or use city water, other than as provided in this chapter. (Code 1964, § 29-17; Code 1985, § 29-13).

13.15.140 Discontinuance of service at request of consumer.

An owner or tenant of property supplied with water may discontinue the use thereof by giving the chief finance officer notice in writing, one week prior to such discontinuance, of his desire to have water service discontinued and the meter removed. In such case, the meter will be removed and a final bill rendered. The minimum charge prescribed by SCC 13.20.020 will be made, however, as long as the meter remains connected, whether any water is consumed at the premises or not. (Code 1964, § 29-5; Code 1985, § 29-14).

13.15.150 Discontinuance or curtailment of service or water usage in event of drought or other water supply shortage or other emergency.

(1) Purpose. The city reserves the right to discontinue or curtail the service of water or water usage to any user at any time, in the event of a drought or other shortage of water or any likely or existing water supply emergency necessitating the discontinuance or curtailment of the local supply or usage. The enforcement of this section shall apply to all persons, including residential, business, commercial and wholesale water customers served by the city of Staunton water system.

(2) Drought or Water Supply Source Indicators. The following sources will be used to indicate drought severity or an existing or likely water supply emergency: reservoir levels at Elkhorn Dam and Staunton Dam, and the Gardner Springs/Middle River pump station wet well level. Upon determination that these sources exceed the threshold of a drought stage as set forth in Appendices A and B of the upper Shenandoah River Basin Drought Preparedness and Response Plan, which entire plan is incorporated by reference, city council may declare a specific drought stage or the existence or reasonable likelihood of a water supply emergency based on the recommendations of the director of public works and city manager.

(3) Drought Stages. The following drought stages will be used: drought watch, drought warning, and drought emergency, as recommended by the director of public works and city manager, consistent with the Upper Shenandoah River Basin Drought Preparedness and Response Plan, and State Water Control Board Regulation 9 VAC 25-120.

(4) Declaration. Upon notification to the city manager by the director of public works that a drought stage or water supply emergency exists or is likely to occur, city council may issue a drought or water supply emergency declaration by ordinance. The city may declare a drought stage or water supply emergency in the absence of a declaration by the Commonwealth of Virginia; however, the city shall declare a drought stage upon declaration by the Commonwealth of Virginia.

(5) Drought Stage or Water Supply Emergency Responses.

(a) Upon declaration by ordinance by city council of a drought watch or warning, or water supply emergency, the director of public works may recommend all water customers (residential, business, commercial and wholesale customers) to institute voluntary water conservation measures as set forth in the Upper Shenandoah River Basin Water Supply Plan, Appendices C and D, which are incorporated by reference.

(b) Upon declaration by ordinance by city council that a drought or water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken, mandatory restrictions shall apply consistent with the Upper Shenandoah River Basin Water Supply Plan, Appendix E.

(c) As shall be necessary to protect the public health, safety and welfare, city council may, by ordinance, also require the installation of water conservation devices in the case of the retrofitting of buildings constructed prior to July 1, 1978; and restrict the nonessential use of ground water during declared water shortages or water emergencies. For purposes of this provision “nonessential use” shall not include agricultural use.

(6) Waiver of Restrictions. Upon prior written request by an individual, business, or other water user, city council may permit less than full compliance with any drought or water supply restrictions if good cause is shown, including evidence that the applicant is affected in a substantial manner not common to other businesses or persons generally. No waiver shall be granted by the city council unless the city council determines that the public health, safety and welfare will not be adversely affected by the waiver. All waivers granted by city council shall be presented at the council’s regular meeting.

(7) Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be fined not less than $500.00, nor more than $1,000. Each act or each day’s continuation of the violation shall be considered a separate offense. The person shall be warned of the violation and officially notified of the need for immediate corrective action. Should the violation continue, the person shall be guilty of a Class 3 misdemeanor. In addition, the director of public works is authorized to discontinue water service to any such person and assess the usual fee for reconnection. (Ord. 2011-22. Code 1964, § 29-6; Code 1985, § 29-15).

13.15.160 Damaging, obstructing, etc., waterworks property.

No person shall deface or injure any house, wall, cock, wheel, fire hydrant or other fixture connected with or pertaining to the waterworks, or remove or injure any pipe, fire hydrant or cock, or open any of them so as to wastewater, or place any building material, rubbish or other matter upon the stopcock of a street main or service pipe or obstruct access to any meter or other fixture connected with the waterworks. (Code 1964, §§ 29-22, 29-23; Code 1985, § 29-16).

Cross reference – Damaging city property generally, SCC 9.05.060.

13.15.170 Protection of creeks and reservoirs.

(1) It shall be unlawful for any person to deposit, or cause to be deposited, into any creek within the corporate limits of the city or into any reservoir, the carcass of any animal, filth or nuisance of any kind. Every such nuisance shall be removed by the police, at the expense of the person responsible therefor, if he is known, otherwise at the expense of the city.

(2) No person shall bathe in the reservoirs or deposit any offensive matter or any stick, mud or rubbish in the reservoirs, or place the carcass of any animal or other deleterious substance on the watersheds or in any stream of the reservoirs or, without lawful authority, climb over or get through the enclosures of, or hunt or fish in, the reservoirs. (Code 1964, § 13-11; Code 1985, § 29-17).

13.15.180 City agents’ right of entry to consumer’s premises.

Every person occupying any premises into which water is conveyed under this chapter shall permit any authorized agent of the city to enter such premises, at reasonable hours, to inspect the works therein or to see if the provisions of this chapter have been violated. It shall be unlawful for any person to fail, neglect or refuse to comply with this section. (Code 1964, § 29-16; Code 1985, § 29-18).