FAIRFAX WATER DEPARTMENT

WATER USE ORDINANCE

TOWN OF FAIRFAX

REVISED OCTOBER 24, 2011

FAIRFAX UTILITY DEPARTMENT

WATER USE ORDINANCE

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE

ARTICLE I DEFINITIONS 3-6

ARTICLE II - I USE OF FAIRFAX PUBLIC WATER SUPPLY 6-10

ARTICLE II - II SPRINKLER SYSTEMS 10-11

ARTICLE II - III CONSTRUCTION STANDARDS 11

ARTICLE II – IV WATER UTILITY ACCEPTANCE REQUIREMENTS 12

ARTICLE III WATER RATES AND CHARGES 12-14

ARTICLE IV POWERS AND AUTHORITY OF INSPECTORS 14

ARTICLE V PROTECTION FROM PHYSICAL DAMAGE 14

ARTICLE VI CONFLICT 14

ARTICLE VII PENALTIES 14-15

ARTICLE VIII LATE FEE POLICY 15

ARTICLE IX ORDINANCE IN EFFECT 16

DOCUMENTS & FORMS TABLE OF CONTENTS 17

The Town of Fairfax, by and through its Water Commissioners, ordains that the rules and regulations herein set forth are established as necessary and desirable for regulating the use of public and private water supplies and providing penalties thereof in the Town of Fairfax, County of Franklin, State of Vermont. Be it ordained and enacted by the Water Commissioners of Fairfax, State of Vermont, as follows:

ARTICLE 1

DEFINITIONS AND

DESCRIPTION OF TOWN WATER SYSTEM

Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance shall be as follows:

Back Flow Preventer shall mean a device which does not allow any water or fluid to flow back.

Building Service Line shall mean the pipe or conduit, connected on one end to the curb stop. The other end terminates inside the building to provide water service and is the Users’ responsibility. Valves connected beyond the curb stop toward the building are also the user’s responsibility.

Cellar Stop shall mean a valve or device attached to the building service line, located before the water meter, to enable the water to be shut off.

Commercial shall mean any building for use as other than residential or industrial.

Commissioners shall mean the Fairfax Water Commissioners, i.e. the Fairfax Selectboard.

Curb Stop shall mean the valve which terminates the building service line and to which the building service line is connected to provide water service to the User.

Department or Utility Department shall mean the Commissioners and those persons employed by the Town to perform work related to operation of the Town Water System.

Disconnection shall mean deliberate interruption by the Department of water service to the User, for reason of delinquent payment or illegal connection/theft of services.

Distribution Main (“water main” or “main”) shall mean the primary supply pipe or conduit from which service connections are made to supply water to the User, installed or caused to be installed by the Utility Department for the transmission of water and owned by the Town.

Duplex shall mean two residential units.

Extension or Water Main Extension shall mean any extension out of the water district of the public water system in accordance with the rules, regulations, standards and specifications of the Town of Fairfax.

Industrial shall mean any structure(s) used or intended for use as a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article.

Fire Service shall mean water service provided to User for fire protection systems or equipment installed on the property of the User.

May is permissive. Shall is mandatory.

New Service Locations shall mean areas at a distance of more than 200 feet from distribution mains of Department where extension of distribution mains is required to provide service while remaining in the Town’s right-of-way.

Person shall mean any individual, firm, company, association, group, or other legal entity.

Public Water System shall mean all of the facilities of the water system owned by the Town of Fairfax, as further described below.

Property Owner (Owner, shall mean the person(s)identified as the owner of property by recorded deed.

Residential shall mean any building occupied or used as a one or more family dwelling unit.

Service Line shall mean the pipe or conduit running from the distribution main to a curb stop at the property line of the User, but also remaining in the Town right-of-way.

Subdivision shall mean the division of any part, parcel, or area of land into two or more lots or parcels for the purpose of conveyance, transfer, improvements or sale, with appurtenant roads, streets, lanes, alleys and ways, dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting there on, as defined in the Subdivision Regulations of the Town of Fairfax.

Tap shall mean any connection of a service line to the Main or an extension of a distribution line which does not meet the meaning of service line above.

Town shall mean the municipality of Fairfax, County of Franklin, State of Vermont, acting by and through its Selectboard or, in appropriate cases, acting by and through its authorized representatives, agents, deputies, operators, Superintendent or Commissioners.

Unconnected Properties shall mean those properties with boundary line(s) 200 feet or less from distribution mains which do not receive water service.

Unit shall mean any building or specific portion thereof which is separately identifiable as:

a. Residential: Self contained housekeeping facility (house, duplex, apartment, condominium).

b. Commercial: Individual, self-contained facility or business such as store, motel, hotel, garage. For hotels and motels, each room shall equal ½ unit. A meter will be required for each building in a hotel/motel complex.

c. Industrial: Individual self-contained facility for use in manufacturing or industry.

All unit designations shall be as determined by the Commissioners.

User(Customer) shall mean any person, firm, corporation, association, or group receiving or requesting water from the Department.

Water District shall mean that area of the Town of Fairfax which is served by the Town of Fairfax Water System. (Please refer to the Water District Map)

Town Water System

A. The Town of Fairfax owns and operates a water system consisting of a single source well, treatment facilities, storage tanks, distribution mains, service lines and curb stops, which Town-owned improvements (except service lines and curb stops) are shown on a plan entitled, “____________” (“Plan” herein). These improvements are referred to collectively in this Ordinance as Town Water System.

B. The Town Water System is identified by the State of Vermont as Water System #5117, PIN#: EJ96-0577. It is subject to a Public Water System Permit to Operate issued by the Vermont Agency of Natural Resources (“Permit”: herein). The Permit establishes conditions on the operation of the Town Water System and is subject to periodic renewal, which renewal may establish new conditions.

C. The Town Water System is able to supply ____ gallons of water per day based on the “safe yield capacity” of the source well (“Well Capacity” herein). The Commissioners shall operate the Town Water System in a manner that limits the volume of water pumped from the source well to the Well Capacity, using an average over a ___ day period. To meet this limitation, the Commissioners may, in the manner set forth in this Ordinance:

1. Prohibit or limit connections to the Town Water System;

2. Require properties connected to the Town Water System to install and maintain reasonable water conservation devices;

3. Require owner(s) of property that are connected to the Town Water System by a single service line that serves multiple units to implement measures reasonably intended to ensure that the occupant of each unit pays for the cost of water provided the unit based on the Town’s established rates; and

4. Implement “emergency” limitations on Town Water System water use when, in the exercise of their reasonable discretion, they determine that such action is required to ensure that the Well Capacity is not exceeded.

D. Use of the Town Water System shall be limited to providing properties connected to the system water for reasonable residential purposes and commercial/industrial/institutional purposes necessary to meet drinking water/sanitary and fire protection requirements of the user. The Town Water System shall not be used to meet the needs of commercial/industrial/institu- tional users for processing or cooling water.

E. Connection to the Town Water System shall be limited to properties that are located within two hundred feet (200’)of transmission mains or distribution lines shown on the Plan. Such properties constitute the Water District of the Town Water System. Transmission and service mains may only be extended in the manner provided in this Ordinance. Approval of any extension in accordance with this Ordinance shall, by such action, modify the boundaries of the Service Area.

ARTICLE II – I

USE OF FAIRFAX PUBLIC WATER SUPPLY

A. Each User of the Town system shall be bound by this Ordinance and all subsequent changes and amendments thereto. The User’s application for water service shall be considered the User’s consent to be bound by this Ordinance.

1. A copy of this Ordinance is available for review at the Town Office.

2. Failure to know the Rules and Regulations of this Ordinance will not excuse the User from the consequences of neglect of this Ordinance.

B. Water Supply Emergencies: The Commissioners may prescribe emergency rules governing the supply and use of water as it may deem appropriate to accommodate such emergency. Such rules shall be adopted at any duly held meeting of the Commissioners. Any required notice of such meeting shall state that the Commissioners will consider adopting emergency rules governing the supply and use of water. Such rules shall be adopted by majority vote of the Commissioners, shall be thereafter recorded in the minutes and posted in three (3) locations with the Town and shall become effective immediately upon adoption. Such rules may remain in effect for a period not to exceed ninety (90) days, unless again adopted in the manner set forth herein.

C. The Commissioners may, by resolution approved at a duly warned meeting, established requirements for the installation of water conservation devices as follows:

1. Such devices shall be recognized by the United States Environmental Protection Agency or the Vermont Agency of Natural Resources as water conservation devices; and

D. It shall be unlawful for any person to extend, tap, or in any way injure or tamper with a water main or service line. All tapping and turning of water main valves/curb stops shall be done under the direction of the Commissioners or authorized agent.

E. It shall be unlawful for any person to remove any seal placed on any valve, meter, or other appurtenance of the Town Water System, unless permission to do so has been given in writing by the Commissioners prior to the actual removal of said seal.

F. Except with the permission of the Commissioners, or their authorized agent, no person shall turn on water to any premises or shutoff the same and water shall not in any instance be turned on to any premise for use at meter rates until said meter has been suitably attached.

G. No person shall adjust, open, close, alter, or perform any operations to valves, hydrants, or to any other parts of the water system, except with the permission of the Commissioners, Water Superintendent, and/or the Fire Department personnel.

H. No person shall suffer or permit water from the water system to run to waste through any faucets or fixtures to prevent freezing, or for any purpose to be kept running for any longer than necessary for non-wasteful consumption without prior approval of the Commissioners or their authorized agent. The Commissioners shall restrain and prevent any and all waste of water and to that end may, when necessary, turn off water or take such action as in its judgment appears proper.

I. No connection will be made to the water system without first obtaining approval from the Commissioners. An owner of property within the Water District may apply to connect to the Town Water System by completing an application form approved by the Commissioners. The Commissioners shall first review an application to connect to the Town Water System at a regular or special meeting of the Commissioners within thirty (30) days of submission of the application, together with the required application fees, to the Superintendent of the Town Water System. The Commissioners shall approve the application upon determination and issuance of a written decision that:

1. The property to be served is located at least in part in the Water

District existing on the date of the application; and

2. The source well has sufficient capacity to serve the development described in the application, based on estimated water use for the development as set forth in Table II-I Unitize Average Daily Flows of this Ordinance; and

3. The property owner has provided documentation that the applicant and the applicant’s successors will comply with the requirements of this Ordinance.

J. All fees and charges shall be paid in full before connection to the town water system. All fees and charges are as stated in the Water and Sewer Rates which is available at the Town Office.

K. Completion of the application and payment of fees shall be considered acknowledgement and agreement by the Applicant to conform to the Standards and Specifications for Construction and this Ordinance.

L. Contractor “Construction Services” shall include the Water Connection Fee before water is turned on, and if service equipment is not then installed in the final location, the additional cost of labor and material to relocate this equipment shall be paid by the contractor.

M. When it is desired to discontinue the use of water, written notice shall be given to the Commissioners and water charges shall continue to be collected until the water is turned off at the curb stop.

N. All meters shall be furnished by the Utility Department and shall be installed to their specifications under the direction of the Water Superintendent. The cost of installing meters shall be borne by the property owner. Any cost for repair caused by frost, hot water, malicious mischief, or any other improper usage shall be paid by the Property Owner. The Utility Department shall not furnish water through any meter over which it does not have exclusive control.

O. All meters shall be installed with cellar stops on each side of the meter. No water meter shall be installed without a backflow preventer where it is considered by the Commissioners to be injurious to the water system. The full cost of these devices shall be the responsibility of the Owner. All routine and necessary maintenance of the water meter shall be responsibility of the Fairfax Utility Department. Cost of replacement or repairs of cellar stops, pressure regulators and backflow preventers shall be the responsibility of the Owner. Required periodic testing of the backflow preventers shall be at the Owner’s expense.

P. In installing a service to any premise and furnishing water, material, or labor, the Utility Department shall negotiate only with the Owner of said premises. The Owner on the other hand, desiring to use Fairfax water on his premise shall keep the Utility Department advised of the address to which bills, notices and other communications shall be delivered and Owner of the premises shall be held responsible for the same. If the property is leased, a change of tenants will not relieve the owner of the premises from liability for payment of delinquent bills and lien securing said obligations. All User fee bills will be billed directly to the legal owner of the property serviced.

Q. The Commissioners may require that each Unit served by the Town Water System have a separate water meter for the water supplied to such unit unless they:

1. Grant the unit an exemption from this requirement based on their determination that the unit has been continuously in existence and un-metered since ____________; or (insert actual date of water plans)

2. Determine that the occupant of the unit is legally obligated to pay for the cost of water provided the unit based on the Town’s established rates.

R. All private distribution mains shall be metered at the point where the main leaves the Town of Fairfax easement or right-of-way. Water metered by said meter shall be billed to the property owners whose property is served by the main and such property owners shall be jointly and severally liable for all charges billed by the Town. Unpaid charges shall constitute a lien on the property of all properties served by the main.

S. No person shall open any hydrant or draw water from therein except:

1. The Commissioners or persons acting under their authority or direction of the Commissioners.

2. Members of the Fairfax Fire Department or other Fire Departments and then only in connection with extinguishing fires.

T. Repair fees shall be charged to the operator of any motor vehicle which shall cause any water system appurtenances damage, broken, or otherwise rendered inoperative by reason of accident with said motor vehicle. In addition, said owner or operator shall be liable for costs of materials, labor and equipment required to return the system appurtenances to operable condition.

U. Water mains may be extended only upon an agreement in writing wherein the applicant shall agree to pay for engineering, labor and material cost and materials necessary: including, valves, hydrants, tapping, service lines, and appurtenance. Also, they shall agree such extension shall be installed to American Water Works Association standards as well as Town, State and local standards.* After the water main extension has been constructed, and has passed the required pressure and bacteriological tests, then it shall be acceptable to the Fairfax Utility Department to place the extension in service.

*See Article II–III for construction standards.

V. All material, labor and locations for installation or extension of mains or services shall be approved by the Commissioners and or the Town Engineer. All water main extensions or alterations must be submitted to the Board on a detailed, workable 24” x 36” print drawing to 1” = 50’ or 1” = 40’ scale and presented in triplicate at least thirty (30) days prior to the anticipated date construction is to commence.

W. The Town of Fairfax and its Utility Department shall not be liable for any injury, loss or damage of whatever nature caused occasion, by failure to maintain a constant or uniform pressure within the water main or by a stoppage of water by frost or other causes, or insufficient supply of water or for accident or damage of any kind caused or created out of furnishing or failing to furnish water.

X. The Town shall not be required to provide notice of interruption. Notice of interruption may be provided as a courtesy only except as noted in “Y” below.

Y. Users shall be notified in writing of interruption of service by “Disconnection” as provided by the provisions of this Ordinance and by the provisions of 24 VSA Chapter 129.

Z. No person shall be entitled to damages, nor have any portion of a payment refunded for any stoppage occasioned by accident to any portion of water system or for non-use occasioned by absence or any other reason.

AA. All persons taking water shall keep the fixtures and building service line within their own premises in good repair and fully protected from frost and shall prevent the waste of water. The Town of Fairfax and its Utility Department shall not be liable for leakage of hydrants, pipes, or fixtures upon the premises of the taker, nor for any obstructions, or restrictions therein caused by frost or otherwise, nor for any damage resulting from the foregoing.

BB. Repairs to any building service line from the curb stop to the meter and within the building shall be done at the Property Owner’s expense for material, labor and excavation, backfilling and patching.

CC. The curb stop shall be located at the limit of Town right-of-way or the limit of the water main right-of-way. The Town shall be responsible for the maintenance of the service line connected at the main up to and including the curb stop. The Property Owner shall be liable for the maintenance of the building service line from the curb stop to meter.

DD. A request by an Owner to change the use of an account property requires the submission of an application to the department and the payment of any fees as designated in the “Schedule of Rates and Charges”. The Commission may approve the change in use providing the new use results is equal to or lower total Unitized Average Daily Flow Quantity (as per the Vermont Water Supply Rule Table A2-1) then the current use.

ARTICLE II-II

SPRINKLER SYSTEMS

A. The Fairfax Utility Department water system is designed to provide fire protection within 500 feet of any hydrant.

B. Application for sprinkler systems shall be subject to all provisions and specifications that the Department may require.

1. The applicant must furnish the Department with a complete set of engineered drawings that show the location of the premises to be sprinklered and the proposed location of all valves, pipes, hydrants, tanks, sprinkler heads and other appurtenances. These plans will remain the property of the Department. The Applicant must also furnish engineered drawings of any later revisions to piping or appurtenances when they are made. The Applicant must also furnish estimated maximum flow requirements. All water main extensions or alterations must be submitted to the Board on a detailed, workable 24” x 36” print drawing to 1” = 50’ or 1” = 40’ scale and presented in triplicate at least thirty (30) days prior to the anticipated date construction is to commence.

2. The Department may decline to supply service, in whole or in part, to any sprinkler system if, in the determination of the Commissioners, the system would place undue demands upon any portion of the Department’s water system.

C. If a fire service is connected to the water system it shall be subject to periodic inspections by the Department. The Owners of such systems will afford the Department’s inspectors all reasonable assistance in making the inspection and will provide all required information about the system, including but not limited to inspection and certification records. Inspections will be made with as little inconvenience to the Owner as possible.

D. When water supplied for fire protection purposes is found to be used for other than fire protection purposes, after written notification to the owner, the water will be shut off by the Department until the offenders give reasonable assurance to the Department that the offense will not be repeated.

E. The sprinkler system must meet all State, Local, and all American Water Works Association Standards, as well as approved engineered drawings.

ARTICLE II-III

CONSTRUCTION STANDARDS

A. The Town shall utilize construction standards and specifications as it deems to be in the best interest of the water system. Said standards will be administered by the Commissioners and/or authorized agent(s).

B. The construction standards and specifications applicable to the Town of Fairfax water system will include the standards, rules, regulations and requirements as specified by:

1. Town of Fairfax Construction Standards

2. Vermont Department of Health

3. Vermont Department of Environmental Conservation Water Supply Division. Water Resources Section.

4. Environmental Protection Agency

5. American Water Works Association (AWWA most recent specifications apply

6. The Town’s Engineer

7. Any other Town, State or Federal agencies having jurisdiction

C. Any materials and equipment used will meet the most recent AWWA specifications and will be compatible with materials and equipment presently utilized in the water system, or as approved by the Commissioners.

D. The Commissioners and Town Engineer shall review plans of all proposed water system construction to insure compliance with said standards at the expense of the property owner.

E. All construction activities within the Town’s ROW shall occur between April 1 and November 15, except as approved by the Commissioners.

ARTICLE II-IV

WATER UTILITY ACCEPTANCE REQUIREMENTS

Water mains and their related appurtenances may be eligible for acceptance as a part of the Town Water System when the following criteria have been complied with:

A. The installation and material have been approved by the Commissioners as in compliance with established standards (See Article II-III B).

B. The installation has passed the necessary hydrostatic pressure and leakage tests in accordance with the last revisions of AWWA C-6000. Copies of the pressure testes must be submitted to the Utility Department.

C. The installation has been disinfected in accordance with the latest revision of AWWA C-601 and has been certified by a State of Vermont certified laboratory to be free of bacteriological contamination.

D. No new main shall be placed in service until it has met the above requirements.

E. The installation must be shown on an engineered print, within an existing or proposed highway ROW and an easement, granted by the Owner to

the Town.

F. Prior to acceptance of any new water facilities into the municipal water distribution system the Utility Department shall be furnished three (3) sets of record drawings and one (1) set of reproducible record drawings. All record drawings shall be 24” x 36” in size and drawn to a 1” = 40’ or 1” = 50’scale.

G. One (1) year from the date that the new installation was placed in service it may be conveyed to the Town of Fairfax and become a part of its distribution system and by such acceptance, the Town of Fairfax shall be responsible for the maintenance of it. Prior to acceptance into the distribution system full responsibility for the maintenance and repair of the new main and its related appurtenances shall rest with the Owner. Such conveyance shall be in such manner as is acceptable to the Fairfax Water Commissioners.

ARTICLE III

WATER RATES AND CHARGES

A. All charges, rates or rents of the Utility Department for, or in connection with, the water supply shall be determined by the Commissioners and shall be a lien upon real estate, furnished with the service for which such charges, rates or rents are imposed, in the same manner and to the same effect as taxes are a lien on real estate under Section 5061 of Title 32, VSA.

B. No abatement of charges, rates or rents for, or in any connection with, water supply shall be allowed by reason of disuse or diminished use of such services or vacancy of the premises served, unless thirty (30)days advance notice of such disuse, diminished use or vacancy of premises shall have been given to the Commissioners.

C. Every bill rendered by the Utility Department shall, unless specified therein, be paid in full by the due date. All delinquent water bills shall be collected, or water service shall be discontinued, in accordance with the Municipal Uniform Disconnect Act (24 VSA Chapter 129), or other remedies provided by law.

D. In the event any water meter is removed from any premises at the request of the Owner for any reason, a reinstallation fee shall be charged. (This section is not applicable to leaking or faulty meters.) (A fee schedule is available from the Utility Department at the Town Office.)

E. Should any meter become inoperative between readings, upon investigation and after approval of the Commissioners, the customer shall be billed at the average amount of the preceding four (4) quarters that the meter recorded correctly.

F. Nothing contained herein shall limit the authority of the Utility Department, or the Fairfax Water Commissioners, to impose taxes or assessments upon the grand list, as provided by law.

G. The Owner is responsible for the payment of water bills and is also responsible for notifying the Utility Department at the Town Office of any changes in mailing addresses. Failure to receive a bill does not relieve the Owner of the obligation for payment or for the payment of penalties.

H. For each service, the Owner in whose name the bills are rendered shall be responsible for payment, without regard to whether that person is the ultimate User. By applying for water service, or being connected to the water system: the Owner agrees to pay all bills that become due and failing to do so agrees to pay all costs of collection, including attorney’s fees.

I. In order to determine water usage charges, the water meters shall be read quarterly using the self-read meter cards for the first three quarters; then by the Utility Department personnel or duly authorized representatives for the fourth quarter of the year. Water use charges shall be subsequently billed quarterly becoming due 45 days from the bill date or the first workday thereafter.

J. In the event a User’s utility service payment is returned more than two (2)times within a twelve (12) month period from their financial institution for non-sufficient funds (NSF) a personal check will no longer be accepted as payment. The only form of payment that will be accepted will be cash, a certified bank check or money order.

K. A customer/owner of any water allocation, who has requested and been granted removal from the water system, shall continue to be charged the current, and any increases to Operation + Maintenance, fees for as long as they maintain that reserved allocation. Any outstanding bond fee will continue to be charged until the bond debt is retired.

If the reserve on this allocation is surrendered it shall revert back to the Town Water System at no cost to the Town Water System. In surrendering the water allocation the customer will be exempt from the Operation + Maintenance fees only, as stated above. Requests to surrender an allocation shall be done in writing and approved by the Water Commissioners.

ARTICLE IV

POWERS AND AUTHORITY OF INSPECTORS

The Commissioners, and other duly authorized employees of the Utility Department, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation and supervision of any utility activity. Inspectors and meter readers will carry appropriate identification and will show same upon request to the Property Owner or authorized agent.

ARTICLE V

PROTECTION FROM PHYSICAL DAMAGE

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the Fairfax Public Water System. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

ARTICLE VI

CONFLICT

A. If any provision(s) of this Ordinance is(are)found to be in conflict with any provision(s)of any Zoning, Building, Safety or Health, or other Ordinance or code of the Town or State of Vermont existing on,or subsequent to the effective date of this Ordinance, that provisions which, in judgment of the Commissioners, establishes the higher standard of safety and health shall prevail

B. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

ARTICLE VII

PENALTIES

A. A violation of this ordinance shall be a civil matter which may be enforced in the Vermont Judicial Bureau or in the Franklin County Superior Court, at the election of the Commissioners.

B. Violations enforced in the Judicial Bureau shall be in accordance with the provisions of 24 VSA SS 1974a and 1977 et seq. A civil penalty of not more than $100 per violation may be imposed for violation of this ordinance.

1. A municipal ticket will be issued 5 days after written notification of violation is mailed by the Commissioners if the violation has not been corrected in accordance with this Ordinance. Each day that the violation continues shall constitute a separate violation of this ordinance.

2. For purposes of enforcement in the Judicial Bureau, any designee of the Commissioners shall be the designated enforcement officer(s). Said designee(s) shall issue tickets and may be the appearing officer at any hearing.

C. Violations enforced in the Superior Court shall be in accordance with the Vermont Rules of Civil Procedure. The Commissioners may pursue all appropriate injunctive relief. In addition, a civil penalty of not more than $100 per violation may be imposed for violation of this ordinance. A civil action may be initiated within 30 days after written notification of violation is mailed by the Commissioners if the violation has not been corrected in accordance with this Ordinance. Each day that the violation continues shall constitute a separate violation of this Ordinance.

In any action for damages or injunctive relief against a User in which the Town obtains judgment, the User shall pay the Town’s cost and attorney’s fees, and such amount shall be added to any such judgment.

D. In addition to any other remedies, the Town shall be empowered to disconnect water service to a User, after notice, when payment of a valid bill or charge is delinquent, as provided by 24 VSA Chapter 129. The Town shall administer the Articles of 24 VSA Chapter 129 as it deems in the best interest of the water system and its operation.

ARTICLE VIII

LATE FEE POLICY

On April 18, 2011, at a duly warned meeting the Selectboard has approved a $25.00 late fee to ALL accounts not paid in full per billing quarter.

This new fee will be charged starting with the July 2011 billing quarter.

In order to not be charged this fee you must pay your bill in full or make payment arrangements before your bill is due. If you make payment arrangements and do not make the arranged payments then the late fee will be charged to your account.

If you have any questions please feel free to give Amy Sears a call at

849-6111 ext 6.

We would like to thank all of our users who pay in a timely manner.

Fairfax Selectboard

ARTICLE IX

ORDINANCE IN EFFECT

A. This Ordinance as amended shall be in force and effect sixty (60) days from the date of enactment by the Selectboard for the Town of Fairfax.

Duly enacted and ordained this ______ day of ___________, 2011 by the Selectboard of the Town of Fairfax, County of Franklin, State of Vermont, at a duly called and duly held meeting of said Selectboard.

TOWN OF FAIRFAX

SELECTBOARD

_______________________________________

______________________________________

_______________________________________

Witness to Signatures

DOCUMENTS & FORMS

TABLE OF CONTENTS

SECTION:

1. APPLICATION/TRANSFER FOR WATER SERVICE CUSTOMER AGREEMENT

2. NOTICE OF DISCONNECTION - LETTER

3. NOTICE – YOUR WATER SERVICE HAS BEEN DISCONNECTED - LETTER

4. LETTER OF TRANSMITTAL – AGREEMENT FOR PAYMENT OF DELINQUENT WATER BILL

5. AGREEMENT FOR PAYMENT OF DELINQUENT WATER BILL

6. NOTICE OF INTENT TO FILE LIEN

7. FAIRFAX WATER SYSTEM CUSTOMER COMPLAINT FORM

8. CUSTOMER REQUEST FOR TERMINATION OF WATER SERVICE

9. TABLE A2-1 – UTILIZED AVERAGE DAY FLOWS

10. VERMONT STATUTES – TITLE 24, CHAPTER 89 – WATER WORKS §3306.

11. VERMONT STATUTES – TITLE 24, CHAPTER 129 – UNIFORM WATER & SEWER

DISCONNECT §5141 – 5147.

APPLICATION/TRANSFER FOR WATER SERVICE

CUSTOMER AGREEMENT

I/We, the undersigned, being the occupant(s)/owner(s) of the premises at:

Name: _____________________________________Tele. #: ________________________________

Address: _________________________________________________________ Apt. #: _________

Legal Description of Property/Location/E911: ________________________________________

_____________________________________________________________________________________

Within the boundaries of the Town of Fairfax, Vermont Water System (administered by the Fairfax Water Department, i.e. Water Commissioners) I/We hereby request water service at the above address. The water service shall be used for the following purpose(s). Check appropriate items and provide information as required.

*Deposit Required (See Page 2)

1. Residential Service _____ Single Family Unit _____ Number of Bedrooms

_____ Multi-Family Unit _____ (Number of Units)

_____ Total Number of Bedrooms in Multi-Family Unit

Design Value – Daily Consumption _________Gallons

2. Agricultural Service _____ House (Number of bedrooms) __________

_____ Barn

Kind of Livestock ________________________________________

Number of Livestock ______________________________________

Estimated Daily Consumption _______________________Gallons

3. Commercial _____ Store _____Service Station _____Hotel/Motel/# of Units

_____ Other: Describe: __________________________________

Number of people Employed at Location FT:________PT:_______

Services Provided ________________________________________

Estimated Daily Consumption _______________________Gallons

(Show calculations)

4. Industrial Average Number of People on Premises _____________________

Type of Operation ________________________________________

Estimated Daily Consumption _______________________Gallons

(Show calculations)

DOCUMENTS & FORMS

Initial one of the following paragraphs: Cont.

__________ I/We certify that the stated premise is owned by me/us; and has a present value, in excess of any liens or encumbrances, in excess of one (1) year’s estimated annual charges, noted below. We acquired ownership by deed recorded in Book ______, Page ______, of the Land Records of Fairfax, VT.

__________ I/We understand that I/We must pay a deposit equal to the estimated cost of installation, consumption, and removal of the temporary service, as shown below, and that this deposit will be held until I/We request a termination of service. I/We further understand that this deposit will then be applied to all outstanding charges for which I am/we are responsible, and that any balance remaining after the payment of such charges will then be refunded.

I/We agree:

1. To pay promptly all bills, rates, and other charges assessed by the Department in connection with the furnishing of water service to the above address, together with all lawful costs of connection, including the Department’s attorneys’ fees.

2. To give reasonable, prior notice to the Department, any intention to terminate water service to the above address.

3. To assume full responsibility for all bills, rates, and other charges in connection with the furnishing of water service to the above address until such time as I/We have notified the Department of my/our intentions to terminate such service.

4. To comply with the Rules and Regulations of the Water Department Ordinance as currently in effect and as may be adopted or amended, from time to time, including such emergency rules as the Selectboard may adopt.

Signed: ________________________________ Date: ___________________

TO BE COMPLETED BY THE FAIRFAX WATER DEPARTMENT

Estimated Annual Charges for Water Service: $ ____________________

Other Estimated Costs (itemized)__________: $ ____________________

________________________: $ ___________________

________________________: $ ____________________

Service Connection Fee (if any) $ ____________________

Accepted by: ___________________________ Date: ________________

Verification of Identity: __________________________________________________

DOCUMENTS & FORMS

NOTICE OF DISCONNECTION

DATE: _____________________

$____________________

AMOUNT IN ARREARS

Dear: __________________________

(Name of Customer)

According to our records, your water service account is still unpaid. Please make full payment of the account or contact our office to make satisfactory arrangements before ______________________. If this is not done we will no longer be able to extend credit and will have to discontinue your service on that date on any one of the following four (4) business days.

(Under the law, “business days” means Monday through Thursday excluding legal holidays and the day before any day when the office of the District Treasurer is not open to the public.) An unpaid bill may become a lien on your real property.

SPECIAL CHARGES – Title 24, Section 5151, Vermont Statutes Annotated, provides that we charge a fee for coming to your location to collect the amount overdue. Also, the same statute provides that we shall charge a reconnection fee for restoration of service if your service has been disconnected for nonpayment. These fees are as follows:

Collection Trips: $10.00 per delinquent charge regardless of the number of trips

Reconnection: $25.00 per occurrence (normal business hours)

Overtime $37.50

If payment has already been sent, we recommend that you contact our office to make certain that payment is recorded on your account by the indicated date as such payment may have become delayed or lost in the mail. Payment in the mail is not considered payment until received by us.

THIS IS A FINAL REQUEST

TOWN OF FAIRFAX WATER DEPARTMENT

An additional $12.50 fee is charged for overtime disconnection or

reconnection.

DOCUMENTS & FORMS

NOTICE

YOUR WATER SERVICE HAS BEEN DISCONNECTED

Name: _______________________________________

Address: _______________________________________

_______________________________________

You are hereby notified that your water service has been disconnected due to your failure to pay past due amounts totaling $_________________, as specified in the Notice of Disconnection mailed to you on __________________.

If you wish to have your water service reconnected, you should pay the full amount owed immediately and notify this office of your desire to have service restored. You may be required to furnish a deposit as a condition to restoration of service, if you have not previously paid such a deposit or, if you have previously paid such a deposit which has already been applied against amounts due.

In the event you can not pay the full amount owed immediately, you should contact his office about arranging an agreement to make partial payment over a period of time. If such an agreement is entered into, failure to abide by the terms of the agreement can lead to disconnection without further notice, as well as further collection action, the cost of which will be charged to you.

If disconnection would result in an immediate and serious health hazard within your household, your service will be reconnected upon presentation of a duly licensed physician’s certificate.

Reconnection of your service may result in an assessment against you of a reconnection fee of Twenty-five Dollars ($25.00) for normal hours or Thirty-seven Dollars and Fifty Cents ($37.50) for overtime hours. In the event you enter into a repayment agreement, the reconnection fee will be added to the amount owing under the agreement.

The Department reserves the right to institute collection action to recover the amount which you owe the Department. Under the Department’s Rules of Regulations, you will be charged the cost of any such collection action, including attorney’s fees.

All inquiries and correspondence should be made to:

THE TOWN OF FAIRFAX WATER DEPARTMENT

THE TOWN OF FAIRFAX SELECTBOARD

DOCUMENTS & FORMS

LETTER OF TRANSMITTAL

AGREEMENT FOR PAYMENT

DELINQUENT WATER BILL

DATE: __________________________

Dear ________________________

(Name of Customer)

We are enclosing a written Agreement form which sets forth the terms and conditions to which we orally agreed today.

As explained to you, this form must be signed at the Town Office in Fairfax, Vermont by 4:00 PM on _____________________________. Failure to do so will constitute a breach of this Agreement, and we will disconnect your water service without further notice.

Please note in particular paragraphs 4&5 of the Delinquent Water Bill Agreement (Documents & Forms Section 5), which sets forth the possible charges to be incurred if you fail on your Agreement with the Department.

Signed: _____________________________

Title: ______________________________

DOCUMENTS & FORMS

AGREEMENT FOR PAYMENT

DELINQUENT WATER BILL

I/We, _________________________________________, the undersigned, hereby agree with the Town of Fairfax (the “Town”), as follows:

1. There is due and owing a bill for water service of $___________ which is delinquent, and for which the Town is entitled to disconnect service, and which we are unable to pay in full at this time.

2. There are also the following charges which have been or are about to be assessed to us by the Town, but which are not yet delinquent:

a. Collection Trip(s) $10.00

b. Reconnection Fee (Normal Hours) $25.00

c. Reconnection Fee (Overtime) $37.50

TOTAL: $

3. The amounts specified in Paragraphs 1 and 2 above total $________

and we agree to pay this total to the Town as follows:

__________________________________________________________Dollars

($_________________________________) per month, payable on or

before the _________ day of each month, for a period of ______

months starting on _______ day of the month of ____________.

4. We understand and agree that in the event we fail to abide by the terms of this Agreement, our water service is subject to termination without further notice, and that the Town may then institute legal action to recover the amount due, together with court costs and its attorney’s fees.

5. We further understand that in the event our water service is terminated, pursuant to paragraph 4 hereof, we may incur and be required to pay in full all of the following charges before service is restored:

a. The balance owing under this Agreement.

b. Any other amounts which have become delinquent subsequent to executing this Agreement.

c. A deposit equal to two-twelfths (2/12^th) of the estimated annual bill.

d. A reconnection fee of Twenty-five Dollars($25.00)(Normal Hours)

Signed: ______________________________________Dated: _______________________

Signed: ______________________________________Dated: ________________________

Accepted by the Town by: ____________________________________________________

DOCUMENTS & FORMS

NOTICE OF INTENT

TO FILE A LIEN

Date: _________________________

According to the records of the Town of Fairfax you are the owner of the following property. According to the records of the Fairfax Water Department you have failed to pay the following charges which are now delinquent and for which you are responsible.:

ADDRESS OF PREMISES: ________________________________________________________

NAME OF OWNER: ______________________________________________________________

_____________________________________________________________________________

PERIOD OF SERVICE

TYPE OF RATE/CHARGE (IF APPLICABLE) DATE DUE AMOUNT

_____________________________________________________________________________

Accrued interest will change TOTAL UNPAID

this balance in the future. BALANCE: $ _____________

You are hereby given notice that unless this amount is received by the Fairfax Water Department by the close of business on _______________________, or unless you dispute this charge and request a hearing before the Selectboard of the Town of Fairfax, Vermont before that date, the statutory procedures for placing a lien upon your property will be followed.

Signed ____________________________

Authorized Agent for the

Fairfax Water Department

DOCUMENTS & FORMS

FAIRFAX WATER SYSTEM

CUSTOMER COMPLAINT FORM

Date/Time: ___________________________________

Customer Name: _______________________________

Address/Location: ____________________________ Phone: ___________________

Form filled out by: __________________________ Title: ___________________

NATURE OF COMPLAINT

_____________________________________________________________________________

___________________________________________________________________________

ACTION TAKEN

Fill out what is necessary

Site Visit: _______________________________ Date/Time: ______________________

Water quality at time of complaint: _________________________________________

(pH, chlorine residual etc.)

Work performed: _____________________________________________________________

Other: ______________________________________________________________________

FOLLOW-UP COMMENTS

DOCUMENTS & FORMS

CUSTOMER REQUEST FOR TERMINATION OF WATER SERVICE

Any customer/ownership of any water allocation that has been granted removal from the water system shall continue to be charged the current bond rate and any increases to Operation + Maintenance fees until the note is completely paid off in 2029.

The water allocation(s) with the Town of Fairfax reverts back to the Town of Fairfax Utility Department and is at the discretion of the Water Commissioners. The water service will be cut off at the curb stop. A filing in the Fairfax Land Records of this action will be recorded at the customer’s expense. At any point, within a three year period of time, should a customer want to be reconnected to the town’s water system, they will be treated as a new application and will be responsible for any fees accrued by the reconnection of this service.

Note, after a three year period of time, or the property changes hands, reconnection to the Town’s water supply will no longer be an option.

(A list of grandfathered accounts/parcels are: MP0007, MP0015, MA1192, BO0087, FR0128 and MA1261/MA1271.)

Date/Time: ___________________________________

Customer Name: _______________________________

Address/Location: ____________________________ Phone: ___________________

Signature: ____________________________________________

DOCUMENTS & FORMS

TABLE A2-1 – UNITIZED AVERAGE DAY FLOWS

DOCUMENTS & FORMS

TITLE 24: MUNICIPAL AND COUNTY GOVERNMENT

PART II: MUNICIPALITIES

CHAPTER 89: WATER WORKS

§ 3306 – Charges, lien

The owner or occupant of any tenement, house or building, who takes the water of such municipal corporation shall be liable for the rent or price of the same, and the officers and agents of such municipal corporation entrusted with the care and superintendence of the water may at all reasonable times enter all premises so supplied to examine the pipes and fixtures and prevent any unnecessary waste. If any person, with the consent of such municipal corporation, shall use any water, a civil action on this statute may be maintained against such person by such municipal corporation for the recovery of damages therefore. The charges, rates or rents for water shall be a lien upon the real estate furnished with the municipal corporation water in the same manner and to the same effect as taxes are a lien on real estate under section 5061 of Title 32.

DOCUMENTS & FORMS

VERMONT STATUTES

TITLE 24: MUNICIPAL AND COUNTY GOVERNEMENT

PART II: MUNICIPALITIES

CHAPTER 129: UNIFORM WATER AND SEWER DISCONNECT

§ 5141 – Scope

This chapter applies only to municipalities providing water or sewer services, or both, and it allows disconnection of water or sewer services, or both, as a delinquency collection procedure for water or sewer delinquencies. Disconnection of water service as a collection procedure for delinquent sewer bills is specifically allowed. This delinquency collection procedure is a separate procedure from that allowed under Title 32. (Added 1977, No. 93: amended 1989, No. 45 & 7.)

§5142 – Definitions

For the purpose of this chapter:

(1) “Board of Selectmen” means the board of selectmen in the case of a town, the city council in the case of a city, the board of trustees in the case of an incorporated village, the prudential committee in the case of a fire district or the board of commissioners in the case of a consolidated sewer or water district.

(2) “Disconnection” means the deliberate interruption or disconnection of water or sewer services, or both, to a ratepayer by the servicing municipality for nonpayment of water or sewer charges.

(3) “Delinquency” means failure of the ratepayer to tender payment for a valid bill or charge within 30 days of the postmark date of that bill or charge, or by a “due date” at least 30 days after mailing, which shall be clearly printed on the bill and which shall control in the absence of the postmark. A delinquency of sewer charges shall be considered a delinquency of water charges, if operated by the same municipal corporation.

(4) “Hearing officer” means a person appointed pursuant to section 5147 of this chapter to act as a fact finder and to hear and investigate evidence, and to make recommendations to the board of selectmen for final determination of the dispute.

(5) “Notice” means the written notice on the form prescribed in section 5144 of this chapter, sent within 40 days after delinquency and postmarked and sent not more than 20 days, nor less than 14 days prior to the disconnect of service.

DOCUMENTS & FORMS

§ 5143 – Disconnection of Service

(a) No municipality shall disconnect service to a ratepayer unless payment of a valid bill or charge is delinquent as defined herein, and notice of disconnection has been provided previously to the ratepayer. A copy of the notice shall be sent to the occupant of a residential dwelling which will be affected by the disconnection of the occupant is different than the ratepayer.

(b) Disconnection shall not be permitted if:

(1) The delinquent bill or charge, or aggregate delinquent bills and charges do not exceed $15.00

(2) The delinquency is due solely to a disputed portion of a charge which is the subject of an appeal.

(3) The delinquency is due to a failure to pay a deposit, line extension special assessment, special construction charge, or other nonrecurring charge.

(4) The disconnection would represent an immediate and serious hazard to the health of the ratepayer or a resident within the ratepayer’s house- hold, as set forth in a physician’s certificate which is on file with the municipality. Notice by telephone or otherwise that such certificate will be forthcoming will have the effect of receipt, providing the certificate is in fact received within seven days.

(5) The ratepayer has not been given an opportunity to enter into a reasonable agreement to pay the delinquent bill or; having made such agreement, has abided by its terms. – Added 1977, No. 93; amended 1989, No. 45 §9.

DOCUMENTS & FORMS

§ 5144 – Uniform notice form

The notice form required under section 5143 of this chapter, and defined in section 5142 of this chapter shall be clearly printed on a pick colored sheet of paper, and shall be according to the following form: Date________________ $________________

AMOUNT IN ARREARS

Dear Customer:

According to our records, your (water) (sewer) service account is still unpaid. Please make full payment of the account or contact our office to make satisfactory arrangement before. If this is not done, we will no longer be able to extend credit and will have to discontinue your service, on that or any one of the following four business days. (Under the law, “Business days” means Monday through Thursday, excluding legal holidays, when the offices are not open to the public). An unpaid bill is a lien on your real property, and may lead to tax sale proceedings.

SPECIAL CHARGES – Section 5151 of Title 24, Vermont Statutes Annotated, provides that we charge a fee for coming to your location to collect the amount overdue. Also, the same statute provides that we shall charge a reconnection fee for restoration of service if your service has been disconnected for nonpayment. These fees are as follows:

Collection Trips - $25.00, regardless of number of trips

Reconnection – Normal Hours - $25.00

Overtime - $37.50

Interest according to 32 V.S.A. § 5136 (a)

THIS IS A FINAL REQUEST FORM:

(NAME OF CREDIT SUPERVISOR)

(NAME OF MUNICIPALITY)

(ADDRESS OF MUNICIPALITY)

(TOWN)

VERMONT (ZIP CODE)

(TELEPHONE NUMBER)

OTHER IMPORTANT INFORMATION – If you have a question concerning this bill or if you want to seek an agreement with us to pay the balance due in partial payments over a period time, you should contact this office as soon as possible after receipt of this notice. In the event an agreement is entered into, failure to abide by the terms of agreement can lead to disconnection without further notice. If disconnection would result in an immediate and serious health hazard to you or to a resident with your household, disconnection will be postponed upon presentation of a duly licensed physician’s certificate.

DOCUMENTS & FORMS

APPEALS – If you cannot reach agreement as to payment of this bill with the credit supervisor whose name appears above, you may appeal to:

(NAME OF CHAIRMAN OF THE LOCAL LEGISLATIVE BODY)

(NAME OF TOWN, CITY OR VILLAGE)

(ADDRESS OF OFFICE)

(MAILING ADDRESS)

or by calling

(Telephone Number)

An appeal cannot be taken unless you first attempt to settle with the credit supervisor: You may appeal only as to the proper amount of your bill or the correctness of application of the rules and regulations. You may not appeal as to the level or design of the rates themselves. No charge shall be made for the appeal. However, undisputed portions of the charges giving rise to this notice must be paid before the disconnection date given above.

-Added 1977, No. 93; amended 1987, No. 33 § 1; 1989, No 45, § 10.

§ 5145. Time and notice of disconnection

(a) Disconnection of utility service shall occur only between the hours of 8:00 a.m. and 2:00 p.m. of the business day specified on the notice of disconnection, or within the same ours during the four business days thereafter.

(b) When service is disconnected or interrupted at the premises of the ratepayer, which shall include disconnection or interruption at or near the premises of the ratepayer, the individual making the disconnection shall immediately inform a disconnected or interrupted, or if no responsible adult is then present, shall leave on the premises in a conspicuous and secure place a notification advising that service has been disconnected or interrupted and what the ratepayer has to do to have service restored. (Added 1977, No. 93.)

§ 5146. Restoration of service

If service has been disconnected or interrupted, the municipality shall within 24 hour restore service upon the customer’s request when the cause for disconnection of service has been removed or when an agreement has been reached between the ratepayer and the municipality regarding the dispute which led to the disconnection or when directed to do so by the board of selectmen. Restoration of service, to the extent feasible, shall be done so as to avoid charging ratepayers for overtime rates and other abnormal expenses. No collection or reconnection fees may be charged for disconnections or interruptions of service made for reasons of health or safety of the ratepayer or of the general public.

(Added 1977, No. 93; amended 1989, No. 45, § 11.)

DOCUMENTS & FORMS

§ 5147. Jurisdiction for appeals and exceptions

The board of selectmen shall promptly and fairly hear any or all appeals by the ratepayer after notice to all interested parties. During appeal, disconnection will be postponed. Upon just cause shown, the Selectboard may grant exceptions to any ratepayer. The Selectboard may appoint one or more members of the Selectboard to act as hearing officers for the purposes of the appeal. Alternatively, the Selectboard may appoint responsible citizen to act as a hearing officer for the appeal. – Added 1977, No. 93.

DOCUMENTS & FORMS