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Sunapee Town Seal
 
Water Ordinances


SECTION I - GENERAL

A. INTRODUCTION

This publication of Rates, Rules and Regulations is effective as of this date and supersedes all previously published schedules governing the provision of water service to the customers in the Town of Sunapee, New Hampshire, in the county of Sullivan.

Rates, Rules and Regulations are subject to change without notice, including additions to and/or deletions from this publication.

The material contained herein is published for the information, guidance and compliance for all property owners within our municipal system. This revision is based on the Safe Drinking Water Act, RSA 485, as it may be amended from time to time.

B. DEFINITIONS

‘AWWA’ means the American Water Works Association, the professional association of organizations and individuals concerned with water supply, treatment and distribution.

‘COMMERCIAL UNIT’ means any retail store, restaurant, office building, laundry, and other business or service establishment.
‘COMMISSION’ means the Sunapee Water & Sewer Commission.

‘CUSTOMER’ means an individual, corporate body, governmental unit, business enterprise, or other legal entity furnished services by the Water Department.

‘DEPARTMENT’ means the Sunapee Water & Sewer Department.

‘DEVELOPER’ means a person(s) requesting installation of service to a real estate development.

‘MAIN’ is the Water Department's primary water distribution system, normally installed underground, from which individual service connections are made to furnish water to customers. <top>

‘NHWSPCD’ means the New Hampshire Water Supply and Pollution Control Division, a regulatory body of the State of New Hampshire charged, among other responsibilities, with Implementation of Safe Drinking Water Act and those laws and regulations pertaining to the supply, treatment and distribution of potable water.

‘OPERATION & MAINTENANCE’ means those functions that result in expenditures for materials, labor, utilities and other items, which are necessary for managing water facilities. The term ‘operation & maintenance’ includes replacement as defined herein.
‘REAL ESTATE DEVELOPMENT’ means a group of adjacent units of occupancy prepared by a single developer.

‘REPLACEMENT’ shall mean expenditures for obtaining and installing equipment, accessories or appurtenances, which are necessary during the useful life of the water system to maintain the capacity and performance.

‘RESIDENTIAL UNIT’ means one room or rooms connected together, constituting a separate, independent housekeeping unit established for owner occupancy, rental or lease, and containing independent cooking, sleeping, and sanitary facility. Any residential unit that has 5 or less bedrooms is considered a single unit. Any residential unit containing more than 5 bedrooms shall be treated as two units.

‘SERVICE CONNECTION’ means valves, pipe and ancillary items installed from a main to a customer's premises or point of water consumption. <top>

SECTION II - ADMINISTRATION

A. COMMISSION

The Water Department is governed by a seven member Water & Sewer Commission, elected pursuant to law.

The Commission directs the affairs of the Department in accordance with authority conferred by law.

The Commission is responsible for the establishment of water rates to be charged to customers, for preparation and submission to the voters of an annual budget, and for the conduct of all business for the department in accordance with good business practice, laws and regulations. <top>

B. SUPERINTENDENT

The Superintendent is appointed by the Commission and charged with day to day operations of the facilities of the Department. He/she is also responsible to the Commission for the performance of subordinates and the technical aspects of the water supply, treatment and distribution system.

SECTION III - SERVICE

A. PROVISIONS OF SERVICE

A customer desiring to have water service connected or disconnected or inspection shall give the Department a minimum of 48 hours notice and shall pay the applicable service charge (see schedule of rates and fees). A customer on regular service may request that service be disconnected and re-connected, during normal work hours, once each calendar year without being charged. All requests must be scheduled through the Water and Sewer Office at 603-763-2115.

Customers who require service after regular working hours, including turn-on or turn-off curb stops, shall be subject to overtime charges rather than the standard service charge. <top>

B. RESPONSIBILITIES

The property owner is responsible for all cost involved for the installation of water connections from the municipal system to the property line/curb line.

Installation of the water line, from the municipal system to the property line/curb line, shall be completed by the Department. The property owner shall be responsible for the continuation of the service to the building, which shall be inspected by the Department prior to back fill. The department requires 48 hours notice for all inspections. The service should be five and one half feet (5 1/2') deep or have sufficient insulation. Services shall be bedded in a minimum of 6" (six inches) and covered with a minimum of 6" (six inches) of clean fill.

The property owner is responsible for the repair of the service from the building to the property line/curb line. If any necessary repairs are not made in a timely manner, the Department may disconnect the water to that property. The Department is responsible for the repair of services from the property line to the municipal system in the Town's right of way, easements, public roads and streets. <top>

C. REAL ESTATE DEVELOPMENTS

A real estate developer may request water service to a development. The developer shall provide, to the Commission, a complete set of detailed plans and specifications prepared by a New Hampshire state- registered engineer, for review and comment. After approval by the Commission, detailed plans and specifications will be sent to the NHWSPCD for review, comment and approval. If the Commission requires assistance from the Commission consulting engineer to review the plans for the development, the cost will be charged to the developer.

If larger mains are required to serve the development, the cost will be charged to the developer. If the mains need to be extended to serve the development, the cost will be charged to the developer. No installation of water shall be allowed to commence until all agencies have approved the plans. All materials and installations shall meet AWWA, NHWSPCD and local standards, and when necessary, a qualified resident engineer may be required to oversee the project at the expense of the developer. The resident engineer must be approved by the Commission. <top>

D. NEW SERVICES

Applications for new water connection shall be made to the Department in writing on a Permit Application form by the customer or authorized agent.

A deposit for the estimated cost of the service connection and any attachment fees (see Appendix A) will be required at the time of application. If additional costs are incurred, the customer will be billed accordingly. If the cost of the service connection is less than the deposit, the customer will be refunded the difference.

Prior to service activation, there shall be a final inspection by the Department. <top>

E. TYPES OF SERVICE

Year round service shall be provided where water mains are determined by the Department to be frostfree.
Seasonal service will be provided from May 15 through October 15. Seasonal service lines are not frostfree and shall be shut off at the main during the cold season. After service has been shut off, it is the property owner's responsibility to be sure that any valve to the property is kept shut. The Department will not be liable for any damage done from flow through an open valve subsequent to reinstatement of service.

SECTION IV - METERING

A. USE OF METERS

It is the Commission’s intention that all water sold by the Department be based upon metered volume sales in accordance with a rate schedule established by the Commission.

B. TEMPORARY METERS

Temporary meters shall be procured from the Department for the purpose of measuring the volume of water used in construction. There shall be a setup fee for installation of the meter and back flow preventor. Usage will be charged at the current Metered Water Rate.

C. SIZE OF METERS

The size of the meter shall be determined by the Department after a review of the information submitted on the service application form. The cost of the meter, and installation shall be borne by the person(s) requesting service. The meter and outside reader shall be the property of the Department. <top>

D. NUMBER OF METERS

The Department's policy concerning the number of meters at any premises is as follows:

1. For single units, residential or otherwise, or for multiple units such as townhouses or duplexes which
have their own cellar or first floor space, each unit will have its own water service and meter.

2. For apartment type units or shared buildings which are conversions, the owner can choose to either service each unit on an individual water line or serve multiple units from one service. In the former, a meter will be set for each service and an account will be established for that meter. In the latter, one or more meters can be set according to the owner's wishes. If one meter is desired, one account will be established for the premises. The owner is not precluded from installing the owner's private meters downstream from the Department's meter for the purpose of splitting the usage among tenants, but the Department will not provide individual billing. If a meter is desired for each tenant, the plumbing must be arranged so that the meters are installed in parallel. Meters in series will not be accepted. Multiple billing accounts will be established for the premises.

3. When a customer fails or neglects to furnish a suitable location for a meter inside the customer's building or where, for other reasons, it is necessary or expedient to locate the meter in an underground box or vault, the customer shall ustomer's negligence or other cause, then an additional charge, plus the actual cost of meter parts, shall be made to the customer to cover cost of removal, thawing, repair, testing, re-installation and meter reading. <top>

F. METER TAMPERING

If meter tampering is discovered, the customer shall be charged based upon average consumption prior to the last known date of meter seal verification. This charge will be for the entire period, from last verification to discovery of tampering. The charge will be for twice the average consumption in which the tampering is detected. An additional fee will be charged to cover the cost of reading, resetting, re-sealing, re-billing, etc.

G. BACKFLOW TAMPERING

It is a violation to tamper with or bypass the back flow dual check valve.

H. METER TESTING

Installed meters shall be tested upon the customer's request, at an additional fee to the user. If the meter is malfunctioning the cost will be borne by the Department. Tested meters registering within one percent (1%) plus or minus shall be considered correct. All meter testing and repair charges for meters over one inch (1") size shall be charged to the customer at actual costs plus fifteen percent (15%). Thereafter, all meters will be tested in accordance with AWWA standards on meter testing frequency. <top>

SECTION V - BILLING

A. RATES

All services will be charged an annual user fee as established in the rate schedule. This fee includes a base rate that cannot be prorated. These rates are determined yearly by the Commission.

All services will be charged an annual water bond fee as established in the rate schedule. The water bond fee is for the cost of capital improvements which require funding through bonds. This fee cannot be prorated. These rates are determined yearly by the commission, based on the number of equivalent single units.

Any residential unit that has 5 or less bedrooms is considered a single unit. Any residential unit containing more than 5 bedrooms shall be treated as two units. <top>

B. ABATEMENTS

Abatement of the annual user fee is available where there was NO use of the water system for the year billed. If a customer believes that there has been an error in billing, a certified written request for abatement should be sent to the Commission. All requests for abatements, rebates or billing errors will be reviewed only back to the previous billing year.

If there are any changes to the property that would affect the annual charge, it is the responsibility of the user to notify the Department immediately. A visual inspection of the property by the Department may be necessary.

C. ATTACHMENT FEES

It is regarded as inequitable to finance future capital improvements to the municipal water system solely through water user rates. Therefore, attachment fees are due when a person attaches to the water system. (see Appendix A). <top>

D. RESPONSIBILITY FOR CHARGES

All users are responsible to pay all fees within the time allowed. All payments shall be made to the Department.
All users shall be billed in two installments, in April and October. Users will be notified in the first billing of the annual fees and their breakdowns.

Any payment not received within thirty (30) days of the billing due date shall be considered delinquent and appropriate action will be taken. When an account is overdue, interest will be added at an annual rate of twelve percent (12%). Interest is calculated on a monthly basis and a statement will be mailed upon request. Any payment made after the billing due date must include interest. property, in good working order and shall make repairs at their expense to prevent leakage. No cross connection between the municipal system and any other water supply shall be permitted.

Customers shall provide a proper back flow preventor in their supply lines to prevent damage to hot water tanks and property.
The customer shall assume all risks and cost to their property. The Department is not responsible for damage or inconvenience caused by reasons beyond their control.

No other utility connections will be combined in the same trench with water and sewer lines. It is recommended, wherever practical, that water and sewer lines should be installed in separate trenches. Written request must be made to the Department prior to lines being installed in the same trench.

No service connections will be installed after November 1st or before frost conditions permit in the spring. Only emergency repairs will be made during the winter months. <top>

SECTION VI - MISCELLANEOUS

State and Federal regulations prohibit water service connections to the municipal system with less than thirty-five (35) pounds pressure at the foundation sill.

When necessary to conserve water, the Commission may restrict or prohibit the use of water, including hoses, sprinklers and irrigation devices. The Commission may take whatever action is necessary to conserve water and protect the integrity of the water system. Customers shall take all reasonable steps to prevent waste of water.

The Department may disconnect, upon 72 hours written notice, for any violation of Department Rules and Regulations or nonpayment of fees or charges.

Employees of the Department, with proper identification, shall have access to all premises supplied with municipal water service, during normal business hours, for the purposes of inspection of plumbing and fixtures, to install, read or remove meters, to determine the quantity of water used and the manner of use, and the determination of compliance of these rules and regulations. The customer will be notified and he/she or a designated representative, must be present when access is necessary.
The Department shall not be held responsible for damage or inconvenience caused by a water main break, cleaning or flushing of water mains, hydrants and reservoirs, opening and closing gates, valves, and hydrants, curb shut off for repairs and maintenance, or for any occurrence beyond their control. <top>

Hydrants, gates, valves and other control devices are the property of the Department and shall not be operated, or tampered with by anyone other than authorized employees of the Department. In case of fire, Fire Department personnel may operate the fire hydrants.

If it becomes necessary to shut off water to all, or a portion of the system for repairs and maintenance, the Department will be held harmless or any damages resulting from shut down of the system or recharging the system. Users will be notified before the system is shut down except in case of emergency.

The Department telephone number is 763-2115. In an emergency call Police Dispatch at 763-5555.
The Water & Sewer Commission of the Town of Sunapee may amend any portion of this Ordinance for any reason deemed necessary.

This amended ordinance takes effect upon its adoption and replaces any ordinance in existence prior to this.
ADOPTED this 26th day of April, 2000 by the Water & Sewer Commission.
David Montambeault, Chairman Aaron Simpson, Vice-Chairman
Ronald Wyman Henry Cunningham
Raymond Hudson Stuart Caswell
Stuart Caswell <top>


TOWN OF SUNAPEE
WATER AND SEWER COMMISSION
P.O. BOX 347, SUNAPEE, NH  03782
(603) 763-2115

APPENDIX A

Ordinance Establishing a Water Attachment Fee

        In order to more appropriately allocate the costs of constructing, maintaining and paying off capital debt and interest incurred in constructing and maintaining the water system of the Town of Sunapee, the Sunapee Water and Sewer Commission, pursuant to RSA 38:26; RSA 38:27; RSA 38:28; Chapter 197, Section 4, NH Laws 1901, as they may be amended from time to time, and other provisions of law, ordains as follows:

        1. Water Attachment Fee.  In addition to charges for use of the water system and charges to cover the labor and material costs associated with connecting thereto, the owner of improved property shall be liable for a one-time water attachment fee, due and payable at the time of approval and connection of the property to the    water system. The water attachment fee shall be computed as follows:

                                Commercial-Industrial:  $4.62 per gallon per day
                                Residential/Apartment:  $1,000 per single family
                                        housing unit.

        The daily flow rate for Commercial-Industrial customers shall be determined by using half of the gallonage calculated in accordance with Table 1008-1, Unit Design Flow Figures, from the 'Subdivision and Individual Sewage Disposal System Design Rules’, NH Code of Administrative Rules, Chapter Env-Ws 1000, NH Department of Environmental Services, Water Division, Latest Edition. (Table 1008-1 shows maximum flow rates). The daily flow rate so determined shall be multiplied by $4.62 to determine the water attachment fee.

        The water attachment fee is separate from, and in addition to, charges made by the Town of Sunapee to cover labor and material costs associated with physical connection to the system.

        2.      Exception. The owner of improved property at which water is used solely in a structure which was in existence as of January 1, 1986, the use of which structure has not been changed so as to increase the water usage therefrom, shall be exempt from the water attachment fee.

        3.      Penalties and Remedies for Non-Payment of Fees.  In the event an owner fails or refuses to pay the water attachment fee, such unpaid charges shall result in a lien on the property in accordance with RSA 38:22, as it may be amended from time to time.  Interest at the rate of 1% per month computed monthly (12% per annum), from and after the date fees are assessed by the Commission, shall be charged on all fees which remain unpaid 30 days after notification by the Commission.  The person against whom fees are assessed shall be responsible for all costs of collection, including reasonable attorney fees.

        4.      Definitions. The definitions of terms and phrases set forth in Article I of the Rules and Regulations of the    Sunapee Municipal Water System apply to this Ordinance.

5. Severebility. If any provision of this Ordinance or any application of it to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance that can be given effect without the invalid provision of application, and to this end, the provisions of this Ordinance are severable

6. Applicability. The fees established in this Ordinance shall apply to improved properties connected to the water system after July 17, 1986.

7. Effective Date. This Ordinance was originally adopted on January 29, 1987. This amended Ordinance takes effect upon its adoption.

Adoption of this ordinance by the Water & Sewer Commission replaces any other Water Attachment Fee Ordinance in existence prior to this 26 th day of April , 2000.
David Montambeault, Chairman
Aaron Simpson, Vice-Chairman
Ronald Wyman
Henry Cunningham
Raymond Hudson
Stuart Caswell <top>


 
Town of Sunapee  23 Edgemont Road, Sunapee, NH 03782  Ph: (603) 763-2212
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