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DAKOTA DUNES CID ORDINANCES ORDINANCES OF THE DAKOTA DUNES COMMUNITY IMPROVEMENT DISTRICT **Please call (605) 232-4211 for a hard copy of the Ordinances** TABLE OF CONTENTS Chapter, Topic, 1. General Provisions (Reserved for future use) 2. Reserved 3. Building Art. I. Reserved Art. II. Building Code Art. III. Mechanical Code Art. IV. Electrical Code Art. V. Plumbing Code 4. (Reserved for Future Use) 5. Streets and Sidewalks 6. Traffic (Reserved for Future Use) 7. Utilities Art. I. General Code Art. II. Rates and Charges Code Division 1. General Division 2. Water Division 3. Sewer Art. III. Services Code Division 1. General Division 2. Water Division 3. Sewer 8. (Reserved for Future Use) 9. Waste Collection and Disposal (Reserved for Future Use) CHAPTER 1 - GENERAL PROVISIONS (Reserved for Future Use) CHAPTER 2 - RESERVED (Reserved for Future Use) CHAPTER 3 BUILDING Art. I. Reserved Code, '3-0 - 3-15 Art. II. Building, 3-16 - 3-30 Art. III. Mechanical Code, '3-31 - 3-50 Art. IV. Electrical Code, '3-51 - 3-80 Art. V. Plumbing Code, '3-81 - 3-122 ARTICLE II. BUILDING CODE Sec. 3-16. Adopted. The Uniform Building Code, 1994 Edition, The Uniform Building Code Standards, 1994 Edition, published by the Internal Conference of Building Officials, and amendments thereto as provided in this article, are hereby adopted by the Dakota Dunes Community Improvement District. A printed copy of such Code and additions and amendments thereto, shall be filed with the District Manager at the office of the District as an original ordinance. (Amended by Ord. No. 2000-1, 05/24/2000) Sec. 3-17. Conflicts. In the event of any conflict between the provisions of the Code adopted by this Article, and applicable provisions of this Code of Ordinances, the Dakota Dunes Building Design Guidelines, state law or district ordinance, rule or regulation, the provisions of this Code of Ordinances, the Dakota Dunes Building Design Guidelines, state law or district rule or regulation shall prevail and be controlling. Sec. 3-18. Definitions. The following definitions shall apply in interpretation of this title and the Uniform Building Code: (A) Building Official is defined as the district manager of the improvement district. (B) Board of Appeals is defined as the Board of Supervisors of the improvement district. Sec. 3-19. Amendments. The following amendments to the Uniform Building Code are hereby made and incorporated into such Building Code as filed: (A) Registered Professionals. Chapters 23, 24, 25, 26, 27, 28 and 29 of the Uniform Building Code are adopted, however, the official stamp of a South Dakota registered professional architect or engineer upon the required plans shall serve in lieu of a plan check of engineering factors by the Building Official. (B) Powers and Duties of Building Official (Section 202.(a) Uniform Building Code is amended to read as follows: Section 202.(a) General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as he may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code. (C) Board of Appeals (formerly Section 204, Uniform Building Code). In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of those persons who are members of the Dakota Dunes Improvement District Board of Supervisors. The Building Official shall be an ex?officio member of and shall act as secretary to said Board, but shall have no vote upon any matter before the Board. The Board of Appeals shall have authority to retain and rely on consultants having experience and training upon the matters of building construction in question. The Board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the Appellant with a duplicate copy to the Building Official. (D) Building Permits (Section 303(a) Uniform Building Code modified, Subsections (b), (c), (d) and (e) are adopted without change). Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall have already been reviewed and approved by the Dakota Dunes Design Review Committee and received preliminary approval from Union County for compliance with zoning and flood?plain requirements. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, he shall issue a conditional permit therefore to the applicant. The applicant shall then obtain a building permit from Union County, South Dakota. When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted. (E) Plan Review Fees (Section 304.(c), Uniform Building Code, Modified). When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee may be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set by the District Board of Supervisors by resolution. The plan review fees specified in this Subsection are separate fees from the permit fee specified in Section 304.(a) and the building permit fee required by Union County, South Dakota. A copy of the fee resolution shall be kept on file at the office of the District Manager. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee may be charged at the rate shown in TABLE No. 3-A. (F) Building Permit Fees. Table No. 3-A may be revised from time to time by resolution of The Dakota Dunes Community Improvement District Board of Supervisors. Said fees shall be published in accordance with SDCL 7-25A-36. A copy of the Building Permit Fee Schedule shall be kept on file with the District Manager at the office of the District. All permits and permit fees provided for in the appendix to the Uniform Building Code are deleted. The issuance of the building permit shall satisfy the requirement for a permit under any appendix and no additional fee shall be charged beyond the Fee Schedule set forth in Table 3-A. (G) Building Permit Fee Delinquencies (adding Section 304.(h) Delinquent Accounts). The Building Official may refuse to perform a plan review or to issue permits or conduct inspections for any person whose account is delinquent. (H) Certificate of Occupancy (Section 307.(a), Uniform Building Code, modified to add Subsection (g)). After the Building Official inspects the building and issues the Certificate of Occupancy, the applicant shall not occupy the building until a Certificate of Zoning Compliance is obtained from the planning and zoning officer of Union County, South Dakota. (I) General Construction Requirements (Section 2404.(c) (4) of the Uniform Building Code, modified as follows: Protection). All masonry shall be protected against freezing for at least forty-eight (48) hours after being laid. No masonry shall be built upon frozen material. (J) Appendix Chapter 4, Special Use and Occupancy, Division I-Barriers for Swimming Pools, Spas, and Hot Tubs of the Uniform Building Code shall be amended by adding the following to Section 421.1: (7) In lieu of the barrier requirement provided for in subsections 1 through 6 above, a swimming pool may be protected and enclosed, when not under the supervision of an adult who is at least 18 years of age, by means of a power safety cover meeting the most recent specifications approved by the American Society for Testing and Materials for Swimming Pool Covers under the fixed designation standard F 1346 (ASTM F 1346). (8) In lieu of the barrier requirement provided for in subsection 1 through 6 above, a hot tub or spa may be protected and enclosed, when not under the supervision of an adult who is at least 18 years of age, by means of a cover meeting the most recent specifications approved by the American Society for Testing and Materials for hot tub and spa covers under the fixed designation standard 1346 (ASTM). (Amended by Ordinance 2003-01, June 2003) Sec. 3-20. Enforcement (A) Nuisance Abatement. Any building erected, raised, converted or land or premises used in violation of any other provisions of this article or the requirements thereof is declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under South Dakota law. (B) Permits and Certificates of Occupancy. Permits or Certificates of Occupancy may be withheld by the Building Official for violation of any of the provisions of this article. (C) Utilities. The Community Improvement District reserves the right to refuse to provide utilities under its jurisdiction to any building erected, raised, converted, or land or premises used in violation of any other provisions of this Chapter. (D) Other Remedies. These enforcement powers shall not be exclusive so as to restrict the rights of the improvement district to take other actions authorized by law. (E) Building Contractors Bond. All persons seeking a building permit for construction under this section shall first make and execute to the District a bond from sufficient sureties, approved by the District, which shall be in the sum of Ten Thousand Dollars ($10,000). Said bond shall be conditioned as follows: on faithful performance of all ordinances of the District; on the prompt payment to the district of all fees for permits and licenses that may become due and owing to the district; on faithful performance of all covenants, conditions and restrictions of record against the property, and on indemnifying the District, its officers, agents, and employees, keeping it harmless from any liability for damages arising from the contractor's negligence and\or unskillfulness in doing, protecting and completing his/her work. The bond shall be kept in full force and effect for the period of one (1) year after cancellation or completing of construction. This section shall not require a bond for a person performing work on a structure owned and occupied by such person as his/her primary place of residence providing cost of such work does not exceed Ten Thousand Dollars ($10,000). Sec. 3-21. Procedure of Board of Appeals. (A) Scope of Appeal. In any appeal, the scope of review shall be limited to: 1. The interpretation of a particular ordinance or Code provision; 2. The factual circumstances of the particular case; and 3. The application of Code provisions to the facts of the particular case. The reasonableness of the exercise of any discretionary function, including the choice of a code enforcement remedy or a technique in a particular case, shall not be subject to review unless the Board of Appeals agrees to hear an appeal upon such grounds. (B) Any person, firm or corporation having any ownership or equitable interest in a property or structure, who is affected by an interpretation, notice or order issued by the Building Official, may request to appeal such notice or order. A written appeal shall be filed with the secretary of the Board of Appeals requesting hearing and setting forth a statement of the grounds for appeal on or before the date upon which a notice or order issued by the Building Official is effective or is to be complied with or within ten (10) days after the day upon which such notice or order is received, whichever period is less. Within ten (10) days of receipt of such petition, the secretary of the Board of Appeals shall set a time and place for hearing on said appeal and shall give the Petitioner, the Board of Appeals and all interested parties notice thereof. At such hearing, the Petitioner, Building Official, and other interested parties shall be given an opportunity to be heard and to show cause why such notice or order appealed from should be sustained, modified or withdrawn. The hearing shall commence no later than thirty (30) days after the date on which the Petition was filed. After such hearing, the Board shall sustain, modify or withdraw the notice depending on their findings. If the Board sustains or modifies a notice, it shall be deemed an order and the building in question shall be brought in compliance with the provisions of such order within a reasonable period of time as determined by the Board. After a hearing before the Board in the case of any notice suspending any permit required by this Chapter, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. The determination of the appeal made by the Board shall be reduced to writing and entered as a matter of public record in the office of the Building Official. The Secretary of the Board of Appeals shall notify all appealing parties of the Board's determination and disposition of the appeal by written notice sent by certified mail. (C) Effective Appeal Upon Notice or Order. No party filing an appeal with the Board of Appeals upon a notice or order shall he entitled to a stay of the effective date or date of required compliance as set forth in such notice or order unless the Building Official or Board of Appeals grants such a stay. Sec. 3-22. Judicial Review - Exhaustion of Remedies. With regard to any appeal granted pursuant to this Chapter, the appealing party shall be deemed to have exhausted his administrative remedies under this Chapter only after having pursued his appeal through the Board of Appeals. Any appealing party who, having exhausted his administrative remedies pursuant to the foregoing, is aggrieved by the final determination and disposition of his appeal by the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. (Repealed by Ord. No. 91-5, 8/12/91) Sec. 3-23 - 3-30. Reserved. (Ord. No. 91-1, 7/16/91) ARTICLE III. MECHANICAL CODE Sec. 3-31. Adopted. The Uniform Mechanical Code, 1994 Edition, published by the International Conference of Building Officials, and amendments thereto as provided in this Article, is hereby adopted by the Dakota Dunes Community Improvement District. A printed copy of such Code and amendment thereto shall be filed with the District Manager at the office of the District as an original ordinance. (Amended by Ord. No. 2000-1, 05/24/2000) Sec. 3-32. Amendments. The following amendments to the Uniform Mechanical Code are hereby made and incorporated into such Mechanical Code as filed: A. TABLE 3-A Mechanical Permit Fees and other inspection and fees set forth in the Mechanical Code are deleted. Sec. 3-33 - 3-50. Reserved. (Ord. No. 91-2, 7/16/91) ARTICLE IV. ELECTRICAL CODE Sec. 3-51. Adopted. The National Electrical Code, 1999 Edition, published by the National Fire Protection Association, is hereby adopted by the Dakota Dunes Community Improvement District. A printed copy of such Code and amendments thereto shall be filed with the District Manager at the office of the District as an original ordinance. (Amended by Ord. No. 2000-1, 05/24/2000) Sec. 3-52. Reserved. Sec. 3-53. Amendments. The following amendments to the National Electrical Code are hereby mad and incorporated into such Building Code as filed: A. Fees. All references to permit fees and other inspection fees be deleted. Sec. 3-54 - 3-80. Reserved (Ord. No. 91-4, 7/16/91) ARTICLE V. PLUMBING CODE Sec. 3-81. Adopted. The 1996 Edition of the National Standard Plumbing Code is hereby adopted by the Dakota Dunes Community Improvement District. A printed copy of such Code, and additions and amendments thereto, shall be filed with the District Manager at the office of the District as an original ordinance. (Amended by Ord. No. 2000-1, 05/24/2000) Sec. 3-82 - 3-110. Reserved. Sec. 3-111. Conflicts. In the event of any conflict between the provisions of the Code adopted by this Article and applicable provisions of this Code of Ordinances, the Dakota Dunes Building Design Guidelines, state law or district ordinance, rule or regulation, the provisions of this Code of Ordinances, the Dakota Dunes Building Design Guidelines, state law or district rule or regulation shall prevail and be controlling. Sec. 3-112. Definitions. The following definitions shall apply in Interpretation of this title and the Uniform Plumbing Code: (A) Administrative Authority shall be the district manager of The Dakota Dunes Community Improvement District Board of Supervisors. (B) Board of Appeals is defined as the Board of Supervisors of the improvement district. Sec. 3-113. Registration Required for Plumbing. No person shall engage in or do work as a plumbing contractor, plumber or plumber's apprentice unless registered to do so by the South Dakota State Plumbing Commission; provided that any person may do plumbing work which complies with the minimum standards prescribed by the Commission and these Ordinances on property owned and occupied by him, or on premises where he may be employed in full time maintenance work. Sec. 3-114. Enforcement. (A) Nuisance Abatement. Any building erected, raised, converted, or land or premises used in violation of any other provisions of this article or the requirements thereof is declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under the South Dakota law. (B) Permits and Certificates of Occupancy. Permits or Certificates of Occupancy may be withheld by the District Manager for violation of any of the provisions of this article. (C) Utilities. The Community Improvement District reserves the right to refuse to provide utilities under its jurisdiction to any building erected, raised, converted or land or premises used in violation of any other provisions of this Chapter. (D) Other Remedies. These enforcement powers shall not be exclusive so as to restrict the rights of the District Manager to take other actions authorized by law. Sec 3-115. Judicial Review - Exhaustion of Remedies. With regard to any appeal granted pursuant to this Chapter, the appealing party shall be deemed to have exhausted his administrative remedies under this Chapter only after having pursued his appeal through the Board of Appeals. Any appealing party who, having exhausted his administrative remedies pursuant to the foregoing, is aggrieved by the final determination and disposition of his appeal by the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. Sec. 3-116 - 3-121. Reserved. Sec. 3-122. Amendments. The following amendments to the Uniform Plumbing Code are hereby made and incorporated into such Plumbing Code as filed: (A) Cost of Permit. Section 20.7 regarding permit fees may be revised from time to time by resolution of The Dakota Dunes Community Improvement District Board of Supervisors. Said fee shall be published in accordance with SDCL 7-25A-36. A copy of said Fee Schedule shall be kept on file with the District Manager at the office of the District. (B) Board of Appeals (formerly Section 20.14, Uniform Plumbing Code). In order to hear and decide appeals of orders, decisions and determinations made by the Administrative Authority relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of those persons who are members of The Dakota Dunes Improvement District Board of Supervisors. The Administrative Authority shall be an ex-officio member of and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall have authority to retain and rely on consultants having experience in training upon the matters in question. The Board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the applicant with a duplicate copy to the Administrative Authority. (C) Use of Copper Tubing (Section 203d Uniform Plumbing Code Modified). (a) Copper tube for water piping shall have a weight of not less than that of copper tube Type K for water piping underground and under a building and Type M for above ground in a building. (D) Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer Level (Section 409(a) Uniform Plumbing Code ? Modified). (a) All drainage pipe serving fixtures, shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. (E) Table 4-3 of the Uniform Plumbing Code - Modified The minimum building sewer and building drain shall be four inches in diameter. (Amended by Ord. No. 94-1, 04/11/94) (F) Water Pressure, Pressure Regulators, and Pressure Relief Valves (Section 1007 Uniform Plumbing Code - Modified). (b) Excessive Water Pressure. Where local water pressure is in excess of one hundred (100) pounds per square inch, an approved type pressure regulator preceded by an adequate strainer shall be installed and the pressure reduced to one hundred (100) pounds per square inch or less. For potable water services up to an including l-1/2" regulators, provision shall be made to prevent pressure on the building side of the regulator from exceeding main supply pressure. Approved regulators with integral bypasses are acceptable. Each such regulator and strainer shall be accessibly located and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. All pipe size determinations shall be based on eighty (80) percent of the reduced pressure. (G) Water Heater Permits. Section 1303 of the Uniform Plumbing Code pertaining to permits for work done on water heaters shall be omitted. (H) Material Requirements. (a) Pipe shall be manufactured from virgin materials qualified by the National Sanitation Foundation (NSF) testing laboratory or other similar accredited testing agencies as meeting the requirements of NSF Standard No. 14, relating to thermoplastic materials, pipes, fittings, valves, traps and joining materials. All pipe shall be manufactured from the base material Polyethylene (PF) 3406 or Polyvinyl Chloride (PVC) Schedule 80 pipe and fittings. (b) For any particular kind and size of pipe, the pressure rating for water at seventy-three degrees Fahrenheit shall not be less than one hundred sixty psi. Polyethylene 2306 one inch minimum tube size 160 psi working pressure or more. Polybutylene ASTIM D2666 one inch minimum tube size 160 psi or more working pressure. For installation of two and a half inch and larger P.V.C. schedule 40 or 80 is to be Bell type joint with slip joint gasket having a rated working pressure of 220 pound psi or more at 73 degrees Fahrenheit. P.V.C. smaller than two and a half inch and solvent weld joints not approved below ground. (I) Joints and Connections. All PE connections shall be made with mechanical compression fittings equipped with elastomeric gaskets to provide the pressure seal and with suitable insert for internal support. Heat fusion, flared and insert?clamp joints will not be acceptable. Curb stops shall be low turning torque type, full open valves as approved by the utilities department. All PVC fittings and connections shall comply with IAPM0 Standards. (J) Installation Requirements. (a) Pipe and fittings shall be positioned so that identifying markings are readily visible for inspection. (b) Pipe shall not be installed in any chase or tunnel that is heated, contains hot water, hot air or steam piping. (c) Sleeves, two pipe diameters larger in size, shall be installed to protect the piping when passing through or under a foundation, wall, footing or a floor. The space between the pipe and sleeve shall be filled with approved sealants as recommended by the pipe manufacturer to assure their compatibility with the plastic pipe. (d) The pipe shall be buried a minimum of five and one?half feet below the ground line at all points. (K) Installation. Installations shall be made in accordance with the following specific requirements; and to the extent applicable, in accordance with the recommendations included in the appendixes of ASTM D2661 and D2665: (1) A minimum of one?eighth inch clearance shall be provided when a pipe passes through a wall or floor. Where required to be sealed by other codes and ordinances, the material used shall conform with the recommendations or the pipe manufacturer to assume their compatibility with the plastic pipe. (2) When buried, sewer pipe shall be a minimum of four feet below the outside ground line at all points. (3) Piping shall be separated from any portion of a private water system by a horizontal distance of at least ten feet or greater as may be specified by the plumbing inspector. (L) Uniform Plumbing Code ? Deleted. (Chapter 12 of the Uniform Plumbing Code is deleted and Sections (1) through (17), inclusive, are enacted in lieu thereof.) (1) Fuel Gas Piping. Sections (1) through (17), inclusive, shall govern the installation of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises. (2) Definitions. For the purpose of this Code, certain terms, phrases, words and their derivatives shall be interpreted as set forth in this Section; provided, however, that whenever the words "gas meters" appear, they shall be construed to also mean valves and those devices required for the regulation of pressure and the measurement of natural gas being dispensed for any building, structure or premises. Whenever the words "P.P.G. Facilities" appear, they shall be construed to mean tanks, containers, container valves, regulating equipment, meters, and/or appurtenances for the storage and supply of liquefied petroleum gas for any building, structure or premises. (a) "Appliance fuel connector" means an assembly of listed semi?rigid or flexible tubing and fittings to carry fuel between a fuel piping outlet and a fuel burning appliance. (b) "Approved," as to materials, workmanship and types of construction, means approval by the administrative authority as the result of investigation, inspection or test conducted by them or by reason of accepted principles or tests by other recognized testing agency or authority. (c) "Fuel gas" means natural, manufactured, liquefied petroleum or a mixture of these. (d) "Gas piping" means any installation of pipe, valves or fittings that is used to convey fuel gas, installed on any premises or in any building, but shall not include: (1) Any portion of the service piping; (2) Any approved piping connection six feet or less in length between an existing gas outlet and a gas appliance in the same room with the outlet. (e) "Gas piping system" means any arrangement of gas piping supplied by one meter and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. (f) "Gas utility" means the duly enfranchised public utility supplying the gas from its street mains. (g) "Service piping" means the piping and equipment between the street gas main and the gas piping system inlet, which is installed by and is under the control and maintenance of the serving gas supplier. (3) Permit. (a) It is unlawful for any person to install or alter or cause to be installed or altered any gas piping without first obtaining a permit from the administrative authority except as exempted by the Uniform Plumbing Code or by district ordinance; provided, however, no permit shall be required for a public utility to disconnect defective gas piping or equipment when authorized by Section (8) below. (b) Permits for gas piping shall show the total number of gas outlets to be provided for on each system and such other information as may be required by the administrative authority. (c) Fees shall be set by resolution of the District Board of Supervisors. (4) Plans Required. The administrative authority may require the submission of plans, specifications, drawings and such other information as he may deem necessary prior to the commencement of, and at any time during the progress of, any work regulated by this Chapter. (5) Workmanship. No gas piping shall be strained or bent and no appliance shall be supported by or develop any strain or stress on its supply piping. Gas piping supplying appliances designed to be supported by the piping may be used to support such appliances when first approved by the administrative authority. (6) Inspections. (a) Upon completion of the installation, alteration or repair of any gas piping for which a permit is required, and prior to the use thereof, the contractor shall, before calling administrative authority for an inspection, test the system in such a manner as to satisfy himself the system is free from leaks. One of the following requirements must be met before the gas line is approved for service: (1) The installing contractor furnish the inspection services division with his written statement (on a form provided by the administrative authority) that the said contractor has tested the gas line in accordance with the testing procedures provided in this Section and found that no leaks exist; or (2) The inspector witnesses an air test of the system and finds that no leaks exist. (b) The testing procedures shall include an air pressure test, at which time the gas piping shall stand a pressure of not less than ten pounds per square inch (68.9kPa) gauge pressure, or at the discretion of the administrative authority, the piping and valves may be tested at a pressure of at least six inches (152.4mm) of mercury, measured with a manometer or slope gauge. Test pressures shall be held for length of time satisfactory to the administrative authority, but in no case for less than fifteen minutes, with no perceptible drop in pressure. For welded piping, and for piping carrying gas at pressures in excess of fourteen inches (.4m) water column pressure, the test pressure shall not be less than sixty pounds per square inch (413.4kPa) and shall be continued for a length of time satisfactory to the administrative authority, but in no case for less than thirty minutes. These tests shall be made using air pressure only. All necessary apparatus for conducting tests shall be furnished by the permit holder. A soap test for low pressure piping will be acceptable. (c) All excavations required for the installation of underground piping, except that portion owned and operated by the gas utility company, shall be kept open until such time as the pipe has been inspected and approved. Any such piping covered or concealed before such approval shall be exposed for inspection at the direction of the administrative authority. (d) If, upon final piping inspection, the installation is found to comply with the provisions of this Code, a certificate of inspection may be issued by the administrative authority in such form as the administrative authority shall determine. A copy of such certificate shall be issued to the gas utility company providing service to the premises. It is unlawful for any person to turn on, or cause to be turned on, any fuel gas or any gas meter or meters, until such certificate of final inspection, as provided in this Section, have been issued. (e) The failure of any person required by this Code to obtain a permit shall absolve the administrative authority from any duty, obligation, or responsibility to inspect the installation, alteration or repair of any gas piping. (7) Authority to Render Gas Service. It is unlawful for any person, firm or corporation, excepting an authorized agent or employee of a person, firm or corporation engaged in the business of furnishing or supplying gas and whose service pipes supply or connect with the particular premises, to turn on or reconnect gas service in or on any premises where and when gas service is at the time not being rendered. (8) Authority to Disconnect. (a) The administrative authority or the gas utility is authorized to disconnect any gas piping or appliance or both which is found not to conform to the requirements of this Code or which may be found defective and in such condition as to endanger life or property. (b) Where such disconnection has been made, a notice shall be attached to such gas piping or appliance or both, which shall state the same has been disconnected together with the reasons therefor. (c) Such attached notice shall not be removed or shall either gas piping or appliances be reconnected until authorized by the administrative authority or gas utility to do so. (d) It is unlawful to remove or disconnect any gas piping or gas appliance without capping or plugging with a screw?joint fitting the outlet from which the pipe or appliance was removed. All outlets to which gas appliances are not connected shall be left capped gas tight on any piping system which has been installed, altered or repaired. (9) Gas Meter Locations. (a) All meters shall be installed out?of?doors at a point agreeable to the property owner or the building contractor and the gas utility company. Where it is not possible to meet the outdoor requirements, the owner or contractor shall contact the gas utility for their approval on an alternate location. (b) In a building using both gas and electrical service, the meters associated with these services will be grouped to facilitate testing and reading. The location is to be agreeable to the property owner or building contractor and the utility company. (c) Meters will not be located in an inaccessible area or those subject to damage. (d) One metering installation will be allowed for each building using gas. More than one meter per building will be allowed only when there is more than one customer or more than one class of service. (e) The utility company will make the connection to the customer's piping, when already installed, to a readily accessible point located within two feet of the company's previously agreed upon point for delivery. The customer will make the connection to the utility's piping when the metering installation has been installed to the previously agreed upon point of delivery. (10) Material for Gas Piping. (a) Gas piping shall be so constructed and installed as to be durable, substantial and gas tight. All steel pipe concealed and over two inches, and all pipe, regardless of size, carrying one psi or more shall have welded joints and fittings between the customer's connection at the meter installation and the appliance shut?off valve. (b) All pipe and fittings shall be either new, or shall previously have been used for no other purpose than conveying gas; it shall be in good condition and free from internal obstructions. Burred ends shall be reamed to the full bore of the pipe. Cast iron pipe or fittings and galvanized pipe or fittings, street ells, street tees and bushings shall not be used. (c) Not less than standard weight wrought iron or steel pipe shall be used when threaded and it shall comply with the "American Standard for Pipe Threads," ASA B36.10 (latest issue). (d) Pipe and fitting thread shall comply with the "American Standard for Pipe Threads," ASA B2.1 (latest issue). (e) Shut-off valves shall be of the iron-body, plug-type, or brass A.G.A. approved. Shut-off valves shall comply with the American Standard requirements for "Manually Operated Gas Valves" Z21.15 (latest issue). (f) Pipe joints may be screwed flanged, welded or compression type. (g) Singlewall, stainless steel flexible connectors and AGA listed double wall, brass flexible connectors are acceptable. (See Section (12) below) (h) Plastic pipe or tubing of the following types is approved for outdoor underground fuel lines and is limited to sixty psi maximum pressure. (i) Thermoplastic. (A) PVC-Type 1, Grades 1 and 2 (PVC-1120 and PVC-1220), manufactured as per ASTIM D-2513. (B) Polyethylene Type III, Grade 3 (PE 3306), manufactured as per ASTIM D-2513. (j) Thermosetting. (A) Polyethylene Type III, Grade 3 (PE 3306) manufactured as per ASTIM D?2517 and Type II, Grade 3 (PE 2306) Manufactured as per ASTIM D?1248. (11) Installation of Gas Piping. (a) Service piping shall be installed only by a plumbing, dusted air heating/cooling, or hydronic heating/cool contractor. Service piping to the customer shall be routed so as to be accessible for future maintenance. Its location shall be agreed upon with the property owner or the building contractor. (b) Black Wrought Iron or Steel. (1) The building structure shall not be weakened by installation of the piping. (2) Underground gas piping, when installed below grade through the outer foundation or basement wall of a building, shall be encased in a sleeve or otherwise protected against corrosion. The piping or sleeve shall be sealed at the foundation or basement wall to prevent entry of gas or water. (3) When the installation of gas piping underground beneath buildings is unavoidable, the piping shall be encased in a conduit. The conduit shall extend into a normally usable and accessible portion of the building and, at the point where the conduit terminates in the building, the space between the conduit and the gas piping shall be sealed to prevent possible entrance of any gas leakage. The conduit shall extend at least four inches outside the building, be vented above grade to the outside, and be installed in a way as to prevent the entrance of water. (4) Ferrous gas piping installed underground in exterior locations shall be welded and protected from corrosion by approved coatings or wrapping materials and all such horizontal piping shall have at least twelve inches of earth cover or other equivalent protection. Risers shall be wrapped to a point at least six inches above grade. It shall be insulated away from all other piping and shall be cathodically protected. (5) All gas pipe protective coatings shall be approved types, machine applied and conform to recognized standards. Field wrapping shall provide equivalent protection and is restricted to those short sections and fittings necessarily stripped for welding. (6) Pipe shall not be run in inaccessible or concealed space in buildings where its condition cannot be inspected and where undetected leakage might cause dangerous accumulations of gas. Where such conditions cannot be met, welded steel pipe shall be used. (A) Residences where the finishing includes the concealment of gas piping shall meet the following requirements: (i) Unions, tube fittings, running threads, right and left couplings, bushings and swing joints made by combinations of fittings shall not be used. (ii) If a covering is installed that will conceal existing gas piping, it shall be of a removable type. (iii) If (i) and (ii) cannot be met, concealed piping shall be welded. (7) Pipe passing through foundation or masonry walls or otherwise exposed to moisture or corrosive conditions shall be protected from corrosion in a manner approved by the gas utility. (8) Gas pipe in buildings shall be supported with pipe hooks, metal pipe straps, bands or hangers suitable for the size of pipe and of adequate strength and quality and located at proper intervals so that the piping cannot be moved accidentally from the installed position. Gas piping shall not be supported by other piping. (9) Pipe joint compounds approved for use with natural and liquefied petroleum gases shall be used sparingly and applied to male threads only. (c) Plastic Pipe. (1) Each buried pipe must have a minimum of twelve inches cover. Consideration should be given to protecting the piping from physical damage when it passes through flower beds, shrub beds and other such cultivated areas. (2) Plastic pipe cannot terminate above ground where it can be exposed to sunlight or physical damage unless protected with a shield and connector approved by the gas supplier. (d) Acceptable Piping Methods. (1) All gas piping is to be black steel pipe. (2) An accessible shut-off valve shall be installed in the fuel supplying piping outside of each appliance and ahead of the union connection thereto, and in addition to any valve on the appliance. Shut-off valves shall be within three feet of the appliance. Shut-off valves may be accessibly located immediately adjacent to and inside or under an appliance when placed in an accessible and protected location and when such appliance may be removed without removal of the valve. (12) Appliance Connectors. (a) Appliance connections shall at no time have a diameter less than that of the inlet connection to the appliance as provided by the manufacturer and each appliance shall be rigidly connected to the gas piping with materials as provided in Section (l0)(g). EXCEPTION: A gas appliance may be connected with an approved Double Wall A.G.A. or single wall stainless steel listed metal appliance connector under the following conditions: (1) All readily movable gas appliances shall be connected with approved, listed flexible?type connectors that are in the same room as the appliance. (2) Listed metal appliance connectors shall have an overall length of not to exceed three feet except a range connector, which may not exceed six feet. (3) No part of such connector shall be concealed within or extended through any wall, floor or partition. (4) A listed accessible appliance connector valve not less than the nominal size of the connector shall be provided at the gas piping outlet immediately ahead of the connector. (5) All connectors shall be of such size as to provide the total demand of the connected appliance. (6) The connection of an indoor appliance with any type of gas hose is prohibited except when used with laboratory or shop equipment or equipment that requires mobility during operation. Such connections shall have the shut-off or stopcock installed at the connection to the building piping. When gas hose is used, it shall be of the minimum practical length, but not to exceed six feet, except for hand torches and special mobile equipment, and shall not extend from one room to another nor pass through any walls, partitions, ceilings or floors. Under no circumstances shall gas hose be concealed from view or used in a concealed location. Only listed gas hose shall be used and only in accordance with its listing. Gas hose shall not be used where it is likely to be subject to excessive temperatures (above one hundred twenty-five degrees Fahrenheit), nor shall it be used as a substitute for a standard appliance connector. (7) Outdoor portable appliances may be connected with an approved outdoor hose connector not to exceed fifteen feet in length, provided it connects outdoors to approved gas piping including an approved valve at the inlet of the hose connector. (8) Suspended unit heater may also be connected with an approved appliance connector. (13) Liquefied Petroleum Gas Facilities and Piping. In addition to the requirements of this Code for gas piping, the facilities and piping for use with liquefied petroleum gas shall meet the following requirements: (a) All liquefied petroleum gas facilities shall conform to approved standards. All such facilities and their locations shall be acceptable to the administrative authority and shall conform to state and local fire prevention regulations. (b) Where liquefied petroleum gas facilities serve more than one customer through separate piping systems, each system shall be identified in a manner satisfactory to the administrative authority and the gas supplier. (c) All liquefied petroleum gas facilities shall be so placed as to be at all times readily accessible for inspection, reading, testing and shutting off the gas supply. All service piping and main supply shut-off valves shall be outside of the building. All main supply valves shall be of approved type and readily accessible. (d) In order that gas may be supplied, the gas piping inlet shall be located with respect to the proposed liquefied petroleum gas facility location in accordance with the requirements of this Section and the supplier's instructions. (e) Liquefied petroleum gas facilities shall not be located in any pit or basement, under show windows or interior stairways, in engine, boiler, heater or electric meter rooms. When not prohibited by another regulation, approved liquefied petroleum gas metering devices may be located in the open under exterior stairways. (f) Liquefied petroleum gas piping shall not serve any gas water heater located in a pit where heavier-than-air gas might collect to form a flammable mixture. (g) Pipe joint compounds used on thread connections shall be insoluble in liquefied petroleum gas. (h) Every valve and appurtenance used on such piping shall be designed and approved for use with liquefied petroleum gas. (i) Discharge from relief valves shall be into the open air and shall be at least five feet away from any opening into a building. (14) Leaks. (a) Matches, candles, and other open flames shall not be used to check for gas leakage. Checks for leaks shall be made with approved gas leak detectors or by brushing a soap and water solution or its equivalent on fittings and other suspected locations. (b) Fire or acid shall not be used to locate or repair leaks, nor shall any substance other than air be introduced into the gas piping. (c) It shall not be permissible to repair defects in gas piping or fittings, but upon having been located, the defective pipe or fitting shall be removed and replaced with sound material. (15) Interconnections of Gas Piping Systems. (a) It is unlawful to connect any gas appliance in such a manner that such appliance may receive gas from more than one system of gas piping. (b) When liquefied petroleum or other stand?by gas is interconnected with the regular piping system, an approved three-way two-port valve or other adequate safeguard acceptable to administrative authority and the serving gas supplier shall be installed to prevent backflow into either piping system. (c) When air, oxygen or other special supplementary gas under pressure is introduced with the regularly supplied gas either directly into the gas piping system or at burners, a device approved by the administrative authority and the serving gas supplier shall be installed to prevent backflow of such special gas into the gas piping system or serving gas supplier's meter. This device shall be located between the source of the special gas and the serving gas supplier's meter and shall be on the gas line leading to the appliance using the special gas. This device may be either a spring-loaded or diaphragm-type check valve and shall be capable of withstanding any pressures which may be imposed on it. (d) The installation, use or maintenance of a gas valve which makes it possible to turn on, control or otherwise direct the flow of gas from one system of gas piping to another, where such systems are supplied with gas from separate meters, is prohibited, and any such valves or interconnection between separate systems of gas piping shall be removed upon order of this administrative authority. (16) Required Gas Supply. (a) The following regulations as set forth in this Section and in Section (17), Required Gas Piping Size, shall be the standard for the installation of gas piping. All natural gas regulations and tables are based on the use of gas having a specific gravity of sixty-five hundredths supplied at six to eight inches water-column pressure at the outlet of the meter. (b) The hourly volume of gas required at each piping outlet shall be taken as not less than the maximum hourly rating, as specified by the manufacturer of the appliance or appliances to be connected to each such outlet. (c) Where the gas appliances to be installed have not been definitely specified, Table 12?1 below may be used as a reference to estimate requirements of typical appliances. TABLE 12-1 Minimum Demand of Typical Gas Appliances in BTU Per Hour Appliances.................................................Demand in BTU Domestic gas range.............................................65,000 Domestic recessed top burner section.................40,000 Domestic recessed oven section..........................25,000 Storage water heater-up to 30 gallon tank..........30,000 Storage water heater-40 to 50 gallon tank..........50,000 Domestic clothes dryer.........................................35,000 Fireplace log lighter (residential)..........................25,000 Fireplace log lighter (commercial).........................50,000 Barbecue (residential)..........................................50,000 Gas Refrigerator.....................................................3,000 Bunsen burner.......................................................3,000 Gas engines (per horsepower)............................10,000 Steam boilers (per horsepower)..........................50,000 To obtain the cubic-feet-per-hour of gas required, divide the BTU input of appliances by 1,000. (The BTU heating value per cubic foot of gas). (d) The size of the supply piping outlet for any gas appliance shall be not less than one-half inch. The minimum size of any piping outlet for a freestanding gas range or a mobile home shall be three-quarter inch. (17) Required Gas Piping Size. (a) Where the maximum demand does not exceed two hundred fifty cubic feet per hour and the maximum length of piping between the meter and the most distant outlet is not over two hundred fifty feet, the size of each s CHAPTER 5 - STREETS & SIDEWALKS. ARTICLE I. SIDEWALKS Sec 5-1 Liability Of Adjoining Property Owner For Failure To Keep Sidewalks In Repair And Notification Procedures. Any owner of real property who fails to keep and repair the sidewalks in front of or along such property if he or she resides thereon, or if he or she does not reside thereon, to repair the same forthwith when notified is liable to the District for damage caused by such neglect. The duty of the District to notify the non resident owner does not affect the liability of the owner for any injury proximately caused by the negligent construction or repair of the sidewalk. The failure of the District to notify the non-resident owner does not result in any liability on the part of the District for any injury proximately caused by the negligent construction or repair of the sidewalk. Sec 5-2 Notice of Adjoining Property Owners to Construct or Repair Sidewalk and Service of Notice. The District may conduct a spring inspection of all sidewalks subject to this ordinance. In its sole discretion the District may chose to repair or replace said sidewalks. However, if the District determines that it is necessary to construct, rebuild, or repair any sidewalk, they may also notify all owners of lots adjoining such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated in the notice. Such notice shall be in writing and either be served personally or by return receipt mail, on each owner or by publication once in each week for two consecutive weeks. It shall set forth the character of the work and the time within which it is to be done. Such notice may be general as to the owners but shall be specific as to the description of such lots. Sec 5-3 District Construction or Repair on Failure by Adjoining Owner. If such sidewalk is not constructed, reconstructed, or repaired in the manner and in the time prescribed pursuant to Section 5-2, the Board of Supervisors by resolution may cause the work to be done by day labor or by job. If the amount of the contract is less than the amount provided for in SDCL £ 5-18-3 it is not necessary to advertise for bids. Sec 5-4 Assessment of Sidewalk Costs Against Abutting Property. The costs thereof shall be assessed against the lots fronting or abutting upon the sidewalk so constructed, reconstructed, or repaired as provided in this Section or as may be hereinafter provided. In estimating such assessment the entire cost of the improvement, including all related costs, fronting on the property to be assessed shall be divided by the number of feet fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot so fronting or abutting. Sec 5-5 Filing of Assessment Roll for Sidewalk Construction or Repair and Costs Covered by Assessment. After the completion or repair of said sidewalk, the District Engineer or such other person designated for that purpose shall file in the office of the District Secretary, an assessment roll showing the amount to be assessed against each lot or parcel of ground which amount shall include the contract price or the costs of the work-by-day labor, engineering and other costs entering into such construction or repair, the description of the property abutting upon said sidewalk which is to be assessed in the name of the owner or owners thereof as shown by the records in the office of the Union County Director of Equalization. Sec 5-6 Division of Sidewalk Assessment into Annual Installments and Notice of Filing and Hearing on Assessment Roll. Upon the filing of the assessment roll, the Board of Supervisors of the District shall by resolution provide that the assessment shall be divided in any number of equal annual installments not exceeding five and shall fix a time and place for hearing upon the same not less than 20 days from the date of filing thereof. The District Secretary shall publish a notice of the time and place of the hearing one week before the date of hearing. The notice shall state the general nature of the improvements for which the assessment is made, the date of filing the assessment roll, and the roll will be open for public inspection at the District office and shall refer to the assessment roll for further particulars. Sec 5-7 Amendment and Approval or Rejection of Assessment Roll and Certification to County Officers and Collection of Assessments. Upon the hearing, the District Board of Supervisors may approve said roll with or without amendment, or reject the same and upon the approval thereof shall direct the District Secretary to file a certified copy of the assessment roll in the office of the Union County Auditor who shall thereupon certify said assessment to the Union County Treasurer to be collected in the manner provided for the collection of special assessments as provided in SDCL Chapter 9-43 per SDCL 7-25A-33. Sec 5-8 Assessment Law Applicable to Sidewalk Improvements. Except as otherwise expressly provided in SDCL 7-25A-33 proceedings for levy of and collecting sidewalk assessment shall be governed by and performed according to the provisions of Chapter 9-43, including without limitation, provisions relating to the mailing of notices of assessment hearings, reassessment proceedings, the interest to be born by deferred installments, the assessment roll, giving notice of filing, prepayments of deferred installments, assessment certificates and bonds, actions and remedies, compromises and deeds and settlement, and limitations of proceedings. Sec 5-9 RESPONSIBILITY. The construction of permanent sidewalk fronting or abutting all streets, highways and avenues shall be accomplished by the builder, owner or developer of all new or relocated residential and commercial buildings within the geographic boundaries of the District, and shall comply with all applicable covenants, design guidelines, rules and regulations. In addition, the builder, owner or developer shall guarantee the workmanship on all sidewalks installed in the District, including but not limited to sidewalks settling or cracking, for a period of one year after installation. Sec 5-10 SIDEWALKS SUBJECT TO THIS ORDINANCE. The standards for repair and maintenance of the sidewalks as set forth in this Article I of Ordinance 2003-02 shall be the same as those identified in SDCL 9-46 and any case law interpreting SDCL 9-46. The sidewalks running parallel and adjacent to Dakota Dunes Boulevard, Meadows Boulevard, Prairie Boulevard, or other sidewalks within the boundaries of the District which do not abut private property or property for which other easements or arrangements have been made shall not be subject to the requirements of this Article I of Ordinance 2003-02. ARTICLE II. TREES AND PLANTS Sec 5-11 DEFINITION.. The following words, terms and phrases, when used in this Article, shall have the meanings described to them in this Section, except where the context clearly indicates a different meaning: a) Parking Strip means the area along the public streets and avenues between the curb line and sidewalk line. b) Street Tree or Tree means a tree in any parking strip, boulevard or other public place, except where otherwise indicated. Sec 5-12 CONTROL ON PRIVATE PROPERTY. The District Manager shall have the authority to order the trimming, preservation and removal of trees or plants upon private property when he/she shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places. Sec 5-13 RULES AND REGULATIONS. The District Board of Supervisors may adopt and enforce rules and regulations to carry out the purposes of this Article. Such rules and regulations may set forth the amount to be charged for any permits required under this Article. Sec 5-14 DUTIES OF PRIVATE OWNERS. It shall be the duty of any person growing a tree within the parking strip or other public place or responsible for trees growing on property abutting on public places supporting trees or plants to: a) Trim trees so as not to cause a hazard to public places or interfere with the proper lighting of public streets or avenues by the street lights. All large established trees shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular traffic and in such a manner as to allow a minimum of 10 feet clearance over sidewalks and 12 feet clearance over all streets. b) Treat and remove any tree or plant so diseased or insect ridden as to constitute a hazard to trees or plants in public places. Sec 5-15 ORDER TO PRESERVE OR REMOVE. When the District Manager finds it necessary to order the trimming, preservation or removal of trees or plants upon private property or in parking strips or other public areas, he shall serve a written order by certified mail, to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence. The order to preserve or remove trees or plants shall set forth a time limit for compliance, dependant upon the hazard and danger created by the violation. Sec 5-16 CASES OF EXTREME DANGER. In cases of extreme danger to persons or public property, the District Manager shall have the authority to require compliance immediately upon service of the Order. Sec 5-17 TIME FOR COMPLIANCE. A person to whom an order to preserve or remove trees or plants is directed shall have the right, within three days of the service of such order to appeal to the District Board of Supervisors who shall set forth with a day for hearing thereon and give notice thereof to the person appealing. Upon such hearing and review the Board may affirm, modify or revoke the order of the District Manager. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five days after an appeal shall have been determined. Sec 5-18 FAILURE TO COMPLY. When a person to whom an order to preserve or remove trees or plants is directed shall fail to comply within the specified time, the District Manager shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made under this Section shall be authorized to enter the premises for that purpose. Sec 5-19 SPECIAL ASSESSMENT. If the costs of remedying a condition for which an order to preserve or remove trees or plants was issued is not paid within 30 days after receipt of a statement therefore from the District Manager, such costs may be levied against the property benefited or upon which the condition existed as special assessment, pursuant to SDCL £ 7-25A. ARTICLE III. SNOW AND ICE REMOVAL Sec 5-20 DUTY TO REMOVE. a) The owner or person in possession of any property abutting on any sidewalk shall keep such sidewalk free from snow and ice and shall remove any snow or ice from the sidewalk within 72 hours after the termination of any snowfall, snow or ice accumulation. b) The owner or person in possession of any property abutting upon any sidewalk which ends at an intersection or crosswalk shall maintain the sidewalk free from snow and ice to the edge of the street. Snow and ice deposited on the sidewalk in the street removal process shall be removed within 72 hours of being deposited. c) If the owner or person in possession of the property abutting upon any sidewalk fails to remove the snow and ice from the sidewalk within 72 hours, the District, at its option, may do so and the cost shall be assessed to the property owner in the amount of $50.00 for each time the District removes the snow or ice. Sec 5-21 INDEMNIFICATION. The owner or person in possession of any property abutting on any sidewalk as defined in this Ordinance, hereby indemnifies and holds the District harmless from all costs, liabilities and claims for any damages of any kind arising out of said owner or person's duty to remove the snow and ice as set forth in this Article III. (Adopted by Ordinance Number 2003-02, 12/15/03) Section 5-23 DECLARATION AS A SAFETY HAZARD, AND RESTORING STREET PAVEMENT OR STREET SURFACING TO FORMER CONDITION. The following actions are hereby declared a safety hazard which may cause damage to public property and are further declared a violation of this Ordinance by the Board of Supervisors of the Dakota Dunes Community Improvement District: 1. No contractors or others who utilize the streets, right-of-ways or the properties adjacent thereto in Dakota Dunes Community Improvement District shall allow earth or materials to be deposited upon, or roll to, flow or wash upon or over any public street, walk, place or way. The contractor or individual responsible shall clean said earth or materials by the end of each day and failure to do so shall be violation of this paragraph 1. The District may then clean up the same and assess the costs of the clean up back to the building permit holder and/or to the responsible contractor or individual at the rate of $150.00 per hour. 2. No cut or fill materials shall be transported to or from a construction site in Dakota Dunes in such a manner as to permit it to be deposited upon any public street. In the event cut or fill material, dirt, mud or other material is deposited or tracked upon the public streets or right of ways, the contractor or individual responsible shall clean it up by the end of each day and failure to do so shall be a violation of this paragraph 2. The District may then clean said material up and assess the costs of the clean up back to the building permit holder and/or to the responsible contractor or individual at the rate of $150.00 per hour. 3. Further, should any building permit holder, contractor or other individual fail and/or refuse to pay the assessment identified in paragraphs 1 or 2 above, or fail to comply with this ordinance in any manner, the District Manager may halt the activity. In addition, the District Manager may halt the activity which is in violation of this ordinance when there is a legitimate safety hazard as determined by the District Manager in his or her sole discretion. 4. Any building permit holder, contractor or individual in violation of this Ordinance shall also reimburse the District for any and all damages caused to the streets or public right-of-way as a result of their activity in Dakota Dunes. The District may further exercise any and all legal remedies available to them, including but not limited to injunctive relief and civil action for compensatory damages. (Adopted by Ordinance 2005-01 April 2005) Sec. 5-27 RIGHT OF WAY PERMITS. A) Permit required. Except as otherwise provided in this ordinance no person may construct in any right-of-way without first having obtained a permit as provided herein. 1) A construction permit allows the holder to construct in that part of the right-of-way described in the permit and to hinder free and open passage in the specified portion of the right-of-way by placing facilities as described therein, to the extent and for the duration specified therein. B) Permit Requirements. 1) No permit shall be issued unless the following information has been provided to the District: i) Evidence that the applicant is a registrant or is authorized to apply for a permit on behalf of the registrant; ii) If the applicant is proposing underground installation with new ducts or conduits to be constructed in the right-of-way; a) the location, depth, size and quantity of proposed new ducts or conduits; b) the excess capacity that will exist in such ducts or conduits after installation of the applicants' facilities; c) drawings showing the location and the area of the proposed project along with the location of all existing and proposed facilities and underground facilities. iii) A construction schedule and completion date; iv) Payment of all money due to the District for: a) prior construction permits issued to the applicant; b) any loss, damage or expense suffered by the District by applicant's prior construction in the right of way or any emergency actions taken by the District; c) Any franchise or license issued to the registrant whose facilities are being constructed. 2) No permits for service drops or minor maintenance work of short duration or limited scope shall be required unless street locations or service drops or minor maintenance work are transmitted or called into the District, noting if hard surface removal or street crossings are involved. C) Issuance of Permit; Conditions. 1) Prior to the issuance of any permit, excluding permits for service drops or minor maintenance work of short duration or limited scope, the applicant upon request by the District shall conduct, at its expense, a subsurface utility study on the proposed route of a construction or an extension. The study may include the following tasks to be determined in the sole discretion of the District: i) Secure all available "as built" plans, plats, and all location data indicating the existence and approximate location of all underground facilities around the proposed construction route; ii) Visibly survey and record the location and dimensions of any above ground features of all underground facilities along the proposed construction route, including, but not limited to, manholes, mailboxes, utility boxes, posts, and visible street cut repairs; iii) Plot and incorporate the data obtained from the completion of the tasks described herein on the Permitee's proposed system route maps, and plan sheets. Permitee shall provide the District with this information. 2) A Permitee shall belong to the one call line location systems. 3) The District may impose reasonable conditions upon the issuance of the permit to protect the public health, safety, and welfare, to insure the instructional integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. Protective measures and devices will be employed which are consistent with the uniform mutual traffic control devices. 4) The requirements of this Chapter 5, Article I shall apply to new construction only if the construction is located outside the area designated by the District's design standards. D) Permit Fees. 1) The District may require prior payment of permit fees, as to be determined from time to time by Resolution of the Board. 2) Permit fees paid for a permit that has been revoked are not refundable. 3) Any costs of inspection of facilities installed by any permitee or any other costs incurred by the District as a result of permitee's activities in the right-of-way shall be reimbursed by said permitee to the District. Said costs shall be paid within 30 days of the invoice date and shall not include staff time of District employees. E) Joint Applications. 1) Applicants who make joint applications for construction permits, for which construction is not performed by the District, and may share in the payment of the permit fee. Sec. 5-28 CONSTRUCTION AND RESTORATION. A) Location of facilities. The District may limit or prohibit the placement of new or additional facilities within the right-of-way if it determines that there is insufficient space to accommodate the facilities. Factors to be considered in determining the space availability include the public interest, the conditions of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future District plans for public improvements and development projects which have been determined to be in the public interest. B) Least disruptive technology. Construction or maintenance of facilities shall use all reasonable means to lessen damage and disruption of a right-of-way. A Permitee may not intrude into the right-of-way without first obtaining permission from the District Manager. The District, may in its sole discretion require submission of a plan reflecting that the Permitee will use methods to lessen disruption of and in the right-of-way. C) Relocation of facilities. 1) A registrant shall promptly and at its own expense, with due regard to seasonal working conditions, permanently remove and relocate its facilities within the right of way whenever the District requests removal and relocation and shall restore the right-of-way. The District may make the request only when the facilities interfere with the safety and convenience of ordinary travelers over the right-of-way. 2) Unless otherwise agreed to by the District Manager, if in the reasonable judgment of the District registrant fails to commence removal of its facilities within 30 days after the District's removal order, or the registrant fails to substantially complete the removal, including all associated repair of the right-of-way of the District within 180 days thereafter, the District may: i) declare that all rights, title, and interest to the facilities belong to the District with all rights of ownership, including, but not limited to, the right to connect and use facilities or to effect a transfer of all rights, title, and interests in the facilities to another person for operation; or ii) authorize removal of the facilities installed by a registrant on, over, or under the right-of-way, at the registrant's cost and expense, by another person; and 3) Any portion of the registrant's facilities on, over, or under the right-of-way designated by the District for removal and not timely removed by the registrant shall belong to and become the property of the District without payment to the registrant and the registrant shall execute and deliver such documents, as the District shall request, in form and substance acceptable to the District, to evidence such ownership by the District. 4) Right-of-way restoration. i) The work to be done under the permit and the restoration of the right-of-way, must be completed within the date specified in the permit, giving due regard to seasonal working conditions. In addition to its own work, the Permitee must restore the general area of the work, including the paving and its foundations, to reasonably the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 12 months thereafter. ii) In approving an application for a construction permit, the District may permit the Permitee to restore the right-of-way or it may restore the right-of-way itself. iii) If the District restores the right-of-way itself, the Permitee shall pay the costs thereof within 30 days of billing. If during the 24 months following such restoration, the pavement settles due to Permitee's unproper backfilling, the Permitee shall pay to the District within 30 days of billing, the costs of repairing such pavement. iv) If the District allows the Permitee to restore the right-of-way, Permitee shall, at the time of the application of a construction permit, post a performance bond in the amount determined by the District to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 12 months (or 24 months for pavement) after completion of the restoration of the right-of-way, the District determines the right-of-way has been properly restored, a surety on the performance bond shall be released. The bond may be in the form of an annual right-of-way bond covering all construction permits issued by the District during that year, or an irrevocable unconditional letter of credit. v) The Permitee shall perform the work according to the standards and with the materials specified by the District. The District may prescribe the manner, time frames and extent of restoration, and may do so in written procedures of general application or on a case by case basis. vi) By restoring the right-of-way itself, the Permitee guarantees its work for 12 months (or 24 months for pavement) following its completion. During this period, it shall, upon notification from the District, correct all restoration work to the extent necessary using the method required by the District. Work shall be completed within 30 calendar days of receipt of notice from the District. vii) If the Permitee fails to restore the right-of-way in the manner and to the condition required by the District, or fails to satisfactorily and timely complete all repairs required by the District, the District, at its option, may do such work. The Permitee shall pay to the District, within 30 days of billing, the cost of restoring the right-of-way. 5) Damage to other facilities. When the District performs work in the right-of-way which requires maintaining, supporting, or moving a registrant's facilities to protect them, and the registrant does not perform such work, the costs associated therewith will be billed to the registrant and shall be paid within 30 days from the date of billing. Each registrant shall pay for repairing any facilities in the right-of-way which it or its facilities damaged. 6) Installation requirements. The excavation, backfilling, restoration, and all other work performed in the right-of-way, shall be done in conformance with District specification, if any should apply. 7) Inspection. The Permitee shall notify the District in advance of the time the work under any permit hereunder is started. The Permitee shall make the work site available to the District for inspection at all reasonable times during the execution and upon completion of the work. 8) Other obligations obtaining a right-of-way permit does not relieve the Permitee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other county, state, or federal rules, laws, or regulations. i) A Permitee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work. ii) Any Permitee shall contact all the abutting property owners to identify any existing private facilities in the right-of-way, including, but not limited to, sprinklers, and other utility lines. Sec. 5-29 ENFORCEMENT OF PERMIT OBLIGATIONS. A) Denial of permit. 1. Mandatory denial. Except in the case of an emergency no right-of-way permit will be granted: i) To any person required to be registered who has not done so; ii) To any person as whom there exists grounds for the revocation of a permit; and iii) If the issuance of a permit for the particular date and/or time would cause a conflict or interfere with a public event, festival, or celebration, including but not limited to the Governor's Cup Golf Classic. The District shall be guided by the safety and convenience of the ordinary travel of the public over the right-of-way and by considerations relating the public health, safety, and welfare. 2. Discretionary denial. The District may deny a permit to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of the ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The District, in its discretion may consider one or more the following factors: i) the extent to which the right-of-way space where permit is sought is available; ii) the competing demands for the particular space in the right-of-way; iii) the availability of other locations in the right-of-way or in other rights-of-way for the facilities of the particular company; iv) the applicability of ordinances or other regulations of the right-of-way that affect location of the facilities in the rights-of-way; v) the degree of compliance of the applicant with the terms and conditions of its franchise, this ordinance, and other applicable ordinances and regulations; vi) the degree of disruption to the surrounding communities and businesses that will result from the use of that part of the right-of-way; vii) the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; viii) the balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way; ix) Whether the applicant, has over the previous two years, complied with the provisions of this chapter. B) Work done without a permit. 1) Emergency Situations. Each registrant shall immediately notify the District of any emergency involving its facilities. The Registrant shall take whatever actions are necessary to respond to the emergency. 2)Non-Emergency Situations. Except in the case of an emergency, any person who obstructs or excavates a right-of-way without a permit must subsequently obtain a permit, pay double the normal permit fee, pay double all other fees required by the ordinance, deposit with the District the fees necessary to correct any damage to the rights-of-way and comply with all requirements of this ordinance. C) Revocation of Permits. 1) Any permit may be revoked by the District following a revocation hearing held by the District Board of Supervisors upon not less than ten days written notice thereof to the Permitee. 2) If a permit is revoked the Permitee shall reimburse the District for its reasonable costs, including restoration costs and the costs of collection and reasonable attorneys fee incurred in connection with such revocation. Sec. 5-30 RIGHT-OF-WAY BONDS. A) Right-of-Way Bond. Prior to beginning construction, a Permitee shall deposit with the District an irrevocable, unconditional letter of credit and/or surety bond equal to 100% of the anticipated costs or such other lesser amount established by the District. B) Purposes. The right-of-way bond shall serve as security for: 1) The faithful performance by the Permitee or registrant of the requirements of this code, including restoration of the right-of-way; 2) Any expenditure, damage, payment or loss incurred by the District occasioned by the Permitee or registrant's violation of this Code or its failure to comply with all rules, regulation, order, permits and other directives of the District issued pursuant to this Ordinance; 3) The payment of all compensation due to the District, including permit fees; 4) The payment of premiums for the required liability insurance 5) The payment to the District for any amounts for which the Permitee or registrant is liable that are not paid by its insurance; 6) The payment of any other amounts which become due to the District pursuant to law. C) Form. The right-of-way bond shall contain the following endorsements: "It is hereby understood and agreed that this bond may not be cancelled or not renewed by surety nor the intention to cancel or not to renew be stated by the surety until 30 days after completion of construction of the facilities and, notwithstanding the foregoing, shall in no case be cancelled or renewed by the surety until at least 30 days written notice to the Dakota Dunes Community Improvement District of surety's intention to cancel or renew this bond." Sec. 5-31 INDEMNIFICATION AND LIABILITY. A) District does not accept liability by reason of the acceptance of a registration or the grant of a right-of-way permit, and the District does not assume any liability: 1) For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the District, or 2) For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants. B) Registrant or Permitee indemnifies District. By registering with the District, a registrant agrees or by accepting a permit, a Permitee is required to defend, indemnify, and hold the District whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair, or operation of its facilities or out of any activity undertaken in or near a right-of-way, whether any act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. It further agrees it will not bring, or cause to be brought, any action, suit, or other proceeding damages, or seeking any other relief against the District for any claim nor for any award arising out the presence, installation, maintenance, or operation of its facilities, or any activity undertaken in or near a right-of-way, whether the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the District for its own negligence except for claims arising out of or alleging the District's negligence where such negligence arises outdoors and is primarily related to the presence, installation, construction, operation, maintenance, or repair of said facilities by the registrant or on the registrant's behalf, included by not limited to, the issuance of permits and inspections of plans or work. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the District; and the registrant, in defending any action on behalf of the District, shall be entitled to assert in any action every defense or immunity that the District could assert in its own behalf. Sec. 5-32 GENERAL PROVISIONS A) Nonexclusive Remedy. The remedies provided in this Ordinance are not exclusive or in lieu of other rights and remedies that the District may have at law or in equity. The District may seek legal and equitable relief for actual or threatened injury to the right-of-way, including damages to the right-of-way. B) This Chapter shall not be construed to relieve from or lessen the responsibility of any registrant for damages to persons or properties caused by defects, nor shall the District be held as assuming any such liability by reason of the issuance of any permits. (Amended by Ordinance 2002-1) CHAPTER 6 - TRAFFIC (Reserved for Future Use) CHAPTER 7 - UTILITIES Art. I. General Code, '7-0 - 7-15 Art. II. Rates and Charges Code, '7-16 - 7-110 Div. 1. General, '7-16 - 7-50 Div. 2. Water, '7-51 - 7-80 Div. 3. Sewer, '7-81 - 7-110 Art. III. Services Code, '7-111 - 7-220 Div. 1. General, '7-111 - 7-150 Div. 2. Water, '7-151 - 7-190 Div. 3. Sewer, '7-191 - 7-220 ARTICLE I. GENERAL CODE Sec. 7-0 - 7-15. Reserved. ARTICLE II. RATES AND CHARGES CODE DIVISION 1. GENERAL Sec. 7-16. Determination of Charges. The rates and charges for the consumption of utility services furnished by the District, as well as the charges and fees for connections thereto, shall be determined by the Board of Supervisors as set by ordinance adopted by the Board of Supervisors from time to time. Sec. 7-17. Billing. All utility consumers shall be billed monthly. Billings for any particular monthly period shall be made within thirty (30) days after the end of that billing period. Payments are due when billings are made. Any portion of the billing not paid prior to the next billing cycle shall be considered delinquent. (Amended by Ord. 98-1, 05/18/98) Sec. 7-18. Late Payment Penalty. A late payment penalty of ten percent (10%) of the unpaid portion of the bill will be added to each delinquent bill. (Amended by Ord. 98-1, 05/18/98) Sec. 7-19. Disconnection for Non﷓Payment of Bill. When any bill is thirty (30) days delinquent and equals or exceeds $50, the District shall have the right to disconnect and discontinue all utility services furnished by the District to the consumer until all delinquent amounts are paid, and the consumer will pay a Fifty Dollar ($50.00) fee for connection prior to service being restored. (Amended by Ord. 98-1, 05/18/98) Sec. 7-20. Recovery for Non﷓Payment of Bill. (Repealed by Ord. 98-1, 05/18/98) Sec. 7-21. Voluntary Discontinuance of Service. Consumers wishing to discontinue the use of any utility service shall give at least forty-eight (48) hour written notice to the District. The consumer shall be responsible for providing access to the premises for purposes of reading or removal of the meter by the District, which shall be between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. (Amended by Ord. 98-1, 05/18/98) Sec. 7-22. Establishing Fees. The Board of Supervisors shall establish fees for the recovery of direct expenses as set by a resolution adopted by the Board of Supervisors from time to time. Sec. 7-23 - 7-50. Reserved. (Ord. No. 91-11, 01/13/92) DIVISION 2. WATER Section 7-51. Application for Water/Deposit. a) Application. A written application form provided by the District for water service must be made by the Owner or Owner's agent of the property to the District Secretary stating the address where such water is desired. Said applicant shall also sign a contract provided by the District to be filed in District Office before a permit may be issued by the District authorizing connections to be made. b) Deposit Required. Along with the application for utility service, an applicant who does not own the property where service is being requested shall be required to pay to the District a deposit of $50.00 pursuant to this ordinance. c) Refund of Deposit. Upon application of the depositor, refunds of deposits made for utility service may be made after two years or upon the termination of utility service after payment of all indebtedness to the District for utility service. Upon request of the depositor, the District may refund the deposit under the following conditions: 1. The depositor has not been assessed more than three late fees within the past 24 months. 2. The depositor has not been issued a final notice before termination within the past 24 months. 3. The depositor has not had the utility service terminated within the past 36 months, and 4. The depositor has not issued a dishonored check within the past 36 months. d. Effect of Transfer, Moving. There shall be no transfer from one location to another of deposits made for utility service and in each case the transfer shall be considered a new application for service and shall be treated as such. When premises are vacated, any amounts due for water service shall be paid in full and utility service shall not be commenced at another place until this is accomplished. Such removal from one place to another shall be considered as a new request for utility service and applicants shall be required to make the current deposit that shall be in effect at the time such request is made. (Amended by Ordinance 2002-2) Sec. 7-52. Separate owners. Two or more premises with separate Owners cannot be supplied from a single connection. Sec. 7-53. Connection Charge. (A) Connection Process. No connection (or tap) shall be made to the water supply system or main until the applicant for whom such connection is to be made has signed the agreement required by ordinance, and a plumber's permit has been issued authorizing said plumber to make such connection. All connections will conform to the application and this ordinance and Appendix A of Chapter 7, Article III, Division 2. Residential water service lines shall not exceed 2" in diameter. Owner shall be responsible for installation, maintenance and service of the water line from the water main line. Developer may provide water lines to the Property, however, Owner shall remain liable for said water line. In all cases the District will provide a list of acceptable materials to be used, however, District makes no representations or warranties as to the quality of said materials. The District shall not be responsible for the materials and equipment accepted by plumber for his use. (B) Prior to connection to the District public water supply the Developer and/or Owner shall submit an engineers plan which must comply with all District specifications and standards for initial approval by the District Board. Upon initial approval by the District Board the Developer and/or Owner must complete installation of all infrastructure including a new public water main which meets all District standards and specifications. An inspection, to include standard final testing and obtaining lien waivers where necessary, shall then be completed prior to the final approval by the District Board and acceptance by the Board for public use. (Amended and Repealed by Ord. 98-1, 05/18/98) Sec. 7-54. Service Terms. A charge shall be assessed by the District for setting a water meter and turning on water for the consumer in the amount of Fifty Dollars ($50.00). For the purposes of reading consumers meters, access to any home or commercial business with a certificate of occupancy issued by Union County, must be provided via phone jack for the District. Failure to provide a phone jack at a location next to the meter may result in a monthly additional charge of $25.00 per month to the consumer. (Amended by Ord. 98-1, 05/18/98) Sec. 7-55. Connections to Automatic Fire Sprinklers. Connections to automatic fire sprinklers may be made in such a manner that the water used therein does not pass through the water meter, provided such sprinkler systems are of the so-called "drip/pipe" type or are so equipped that any flow of water therein automatically registers an alarm of fire in the Dakota Valley Fire District station, or any private security alarm system. An annual demand charge for automatic sprinkler systems shall be made as follows: 8" connection or larger................... $300.00 6" connection but less than 8"........ $200.00 4" connection but less than 6"........ $150.00 (Amended by Ord. 98-1, 05/18/98) Sec. 7-56. Multiple Use Building. In cases of commercial, retail, office, apartment or other multiple use buildings, the water use shall be measured by the "Master water meter", which shall be operable and accurate as to measuring the quantity of water consumed, and which water meter shall be read as to the quantity of water consumed and the Owner of such buildings shall be billed at the rates and charges provided herein each month of a year for all water consumed. The Owner of such buildings may, for such Owner's own purpose and with the permission of the District Manger, and without cost to the District, install a water meter for each individual tenant for the purpose of billing each individual tenant as to the quantity of water consumed by each tenant. It shall be the responsibility of the Owner of any multiple use building to report to the District Secretary the name of any new tenant and any removal of a tenant from the premises being leased in instances where such Owner does not have a "master water meter" installed as hereinbefore provided. Section 7-57 Tap Restrictions. The maximum size of tap with a saddle shall be as follows: On 4-inch pipe...........................1 inch tap On 8-inch pipe...........................1 inch tap On 10-inch pipe.........................1 inch tap On 12-inch pipe.........................2 inch tap On 14-inch pipe.........................2 inch tap All connections larger than the above maximum size shall be made in a manner approved by the District as follow: Option One - The District shall schedule water shut-off and the Applicant shall install a tee fitting in the water main. Option Two - The Applicant shall install a tapping tee with valve and tap the line under pressure. All costs for the larger connection shall be billed directly to the Owner. The larger connection shall be made by a utility contractor approved by the District. The District shall observe all connections to their water main and an authorized representative of the District shall sign the Plumber's connection permit prior to the placement of backfill in the water service connection and line excavation. (Amended and Repealed by Ord. No, 94-2, 11/21/94) Sec. 7-58. Rates and Charges - Meters not Exceeding One Inch. Each month, for all water sold or furnished by the District and for all metering services the District water system provides to the various consumers within the District, all consumers, whether residential, business, commercial or industrial, shall pay the District according to the following schedule: GALLONS PER MONTH CHARGE PER MONTH 0 - 7,000 $5.50 minimum charge per month plus $1.46 per 1,000 gallons up to 7,000 gallons 7,000 + $1.63 per 1,000 gallons in excess of 7,000 gallons (Amended by Ord. No. 20001-2, 8/23/01) Sec. 7-59. Rates and Charges - Meters Greater Than One Inch. (A) The above rates apply to those customers whose meters do not exceed one inch in size. For meters greater than one inch the following flat rates on a monthly basis shall apply as follows: METER SIZE ..... MINIMUM CHARGE 1-1 1/2" ................ 9.50 2" ....................... 18.00 3" ....................... 31.50 4" ....................... 60.00 6" ..................... 135.00 8" ..................... 175.00 10" ................... 200.00 (B) In addition to the minimum monthly charge in Section 7-59(A) and/or Section 7-58 above all consumers, whether residential, business, commercial or industrial shall pay in addition to the minimum charge identified above, $1.46 per 1,000 gallons for all non-irrigation use on a separate meter. In addition to the minimum monthly charge in Section 7-59(A) above all consumers, whether residential, business, commercial or industrial shall pay in addition to the minimum charge identified above $1.63 per 1,000 gallons for all irrigation use on a separate meter. (C) The above rate schedule shall be charged to and paid by all users without exception other than the Dakota Dunes Community Improvement District. (Amended by Ord. No. 2001-2, 8/23/01) Sec. 7-60 - 7-80. Reserved. (Ord. No. 91-13, 01/13/92) DIVISION 3. SEWER Sec. 7-81. Application for Water. A written application, which is also applicable for water use, provided by the District for wastewater discharge must be made by the owner or agent of the property to the District Clerk stating the address where waste water and water will be used. (Amended by Ord. 98-1, 05/18/98) Sec. 7-82. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: (A) Biochemical Oxygen Demand ("BOD"). Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20EC. (B) Commercial/Industrial User. Shall mean any contributor to the District's Wastewater Collection Works whose lot, parcel of real estate, or building is used for purposes other than a single family dwelling and contributes only wastewater which is less than or equal to normal strength domestic wastewater. (C) Flow Unit. Shall mean a volume of liquid equal in quantity to one thousand gallons. (D) Major Industrial User. Is a non﷓residential, commercial or industrial user, which discharges waste into the sewer system of the District which: (1) Has an industrial waste discharge or has a waste strength greater than normal﷓strength domestic sewage; or (2) Has a industrial waste discharge greater than five percent of the flow carried by the municipal system receiving the waste; (3) Has in its waste a toxic pollutant in amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972; (4) If found by the District to have significant impact, either singly or in combination with other contributing industries, on their treatment works or upon the quality of effluent from that treatment works; (5) Is listed in the applicable Industrial Cost Recovery Standard Industrial Classification. (E) Normal Domestic Wastewater. Shall mean wastewater that has a BOD concentration of not more than 250 parts per million and a suspended solid's concentration of not more than 300 parts per million and a Oil and Grease content of not more than 100 parts per million. (F) Oil and Grease. Shall mean Oil and Grease as determined by the standard laboratory procedures for the Soxhlet Extraction method as defined in the current addition of Standard Methods. (G) Operation and Maintenance. Shall mean all expenditures during the Useful Life of the Wastewater Collection Works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage collection works to achieve the capacity and performance for which such works are designed and constructed. Operation and Maintenance charges shall be included in the Sewer User Charge and shall be levied in a proportional and adequate manner. (H) Replacement Charges. Shall mean expenditures for the obtaining and installing equipment, accessories, or appurtenances which are necessary during the Useful Life of the Wastewater Collection Works to maintain the capacity and performance for which such works were designed and construed. Replacement Charges shall be included in the Sewer User Charge and shall be levied in a proportional and adequate manner. (I) Residential User. Shall mean any contributor to the District's Wastewater Collection Works whose lot, parcel of real estate, or building is used for single family dwelling purposes only. (J) Sewer Extension. Shall mean the total project costs for the proposed extensions to the sewer system. (K) Sewer User Charge. Refers to any and all rates, charges, fees or rentals levied against and payable by a sewer user and Major Industrial Users. (L) Suspended Solids (SS). Shall mean solids that either float on the surface or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering as determined using standard procedures for total filterable residue. (M) Treatment Charge. Shall mean all charges made to the District by the City of Sioux City, for treatment of the wastewater collected by such collection works. Treatment Charges shall be included in the Sewer User Charge. (N) Useful Life. Shall mean the estimated period during which a Wastewater Collection Works will be operated. (O) Wastewater Collection Works. Shall mean any devices and systems for the collection or carrying of District sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and any works, including site acquisition of the land that will be an integral part of the wastewater collection process. (P) Water Meter. Shall mean a water volume measuring and recording device, furnished and/or installed by the District or furnished and/or installed by a user and approved by the District. Sec. 7-83. Funds Management. The Sewer Charge shall be just, equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues or funds available or pledged for such purpose at least sufficient to provide for all expenses of Operation and Maintenance, for payment when due of all bonds and interest thereon for the payment of which such revenues are or shall have been pledged or encumbered including reserves for such purpose and for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds by the District. Sec. 7-84. Connection Charges. Prior to connection to the District public waste water collection works the Developer and/or Owner shall submit an engineers plan which must comply with all District specifications and standards for initial approval by the District Board. Upon initial approval by the District Board the Developer and/or Owner must complete installation of all infrastructure including a new public sewer main which meets all District standards and specifications. An inspection, to include standard final testing and obtaining lien waivers where necessary, shall then be completed prior to the final approval by the District Board and acceptance by the Board for public use. Any new sanitary sewer main shall be televised and inspected by the District Manager for approval. Any corrections and re-televising deemed necessary must be completed prior to placing the line in service. All costs for this process will be the responsibility of and will be paid by the Owner. (Amended by Ord. 98-1, 05/18/98) Sec. 7-85. Multiple Use Buildings. In cases of commercial, retail, office, apartment, or other multiple use buildings, where the owner thereof has installed with District permission a "master water meter," the owner of such premises shall be billed at the rates and charges provided herein each month of the year for all wastewater discharged based upon the water consumed through this meter and subject to applicable minimums. The owner must assume the responsibility for maintaining, reading and billing any "submeters" he may install for his own purpose which measure the quantity consumed by each individual tenant. It shall be the responsibility of the owner to report to the District Secretary the name of any new tenant or the removal of any tenant in instances where the owner does not have a "master water meter" installed. Sec. 7-86. User Charges. The owner or user is required to have a water meter or in the case of a major user, a waste water metering device for the purpose of determining the volume of metered waste. The volume of metered waste shall be measured in thousand gallons and one thousand gallons of metered water shall equal a flow unit. The volume of water measured by the water meter shall equal the metered waste for Class I and Class II users. A waste water metering device shall be used by Class III users for determining the volume of metered waste and flow units. The following classes of users and charges to those users are hereby established: Class I: Residential Users: $10.00 per month plus $2.00 per thousand gallons of metered waste in excess of 3,000 gallons per month. Class II: Commercial/Industrial Users: $20.00 per month plus $2.00 per thousand gallons of metered waste in excess of 3,000 gallons per month. Class III: Major Industrial Users: (A) Flow, per one thousand (1,000) gallons...$0.64 (B) BOD, per pound ....................................... 0.079 (C) SS, per pound.......................................... 0.053 (D) Oil and Grease, per pound....................... 0.053 (Amended by Ord. No. 92-1, 06/08/92) Sec. 7-87. Metering and Sampling. Major Industrial Users shall provide a sampling station which shall be monitored as required to calculate appropriate user charges. Charges to Major Industrial Users shall be established on the basis of metered flow and tested strength of wastewater discharges. Monthly Flow Units shall be calculated from readings from individual industry﷓owned flow meters. Monthly loadings of BOD, SS, and Oil and Grease are calculated from laboratory analysis of individual composited wastewater samples applied to flows during the sampling period. Individual industry charges shall be based upon actual usage. Discharges over a weekend shall be measured with the next analysis and charged for actual sewage discharged at the rates established herein. Grease loadings in excess of one hundred (100) milligrams per liter are billed for the same rate as for solids except as modified by surcharges. Sec. 7-88. Service Contract. All Major Industrial Users shall enter into a service contract with the District for sampling and analysis and for maintenance of metering and sampling stations on an actual cost basis with all charges to be billed directly to the industry for all labor and materials required to insure the proper operation of the stations. Charges shall include, but not be limited to, the cost of travel, labor, chemicals, equipment replacement and other charges resulting from the sampling and testing of the wastes of the industry. All monitoring and metering stations shall be secured with access limited to the District and the District authorized industrial personnel. Sec. 7-89. Special Rates and Charges. (A) Toxic Pollutants or Other Identifiable Substances. Any user which discharges any toxic pollutants or any user which discharges any substance which singly or by interaction with other substances causes identifiable increase in the cost of the operation, maintenance or replacement of the collection works shall pay for such increased costs of managing the effluent or sludge by the District. The charge to each such user shall be determined by the District Manager and approved by the District Board of Supervisors. (B) Surcharge. For those Major Industrial Users who have been issued industrial user permits by the District, a surcharge of ten (10) times the additional charges described above for flow, BOD, SS, and/or Oil and Grease shall be applied to all quantities of waste contributed in excess of the industrial users permitted limits. Such surcharges shall be applied to both average monthly and maximum daily limits that are stipulated in the user permit. (C) Sulfides. Any user who dissolves sulfides in excess of 0.5 milligrams per liter, shall be assessed a surcharge of $1.64 per pound which shall be applied to the user's next sewer use billing. (D) Contracts with Special Major Industrial Users. Major Industrial Users contributing as much as 10% of the treatment works design loadings in terms of flow , five﷓day BOD, or solids loadings, shall be established by a negotiated contract with the individual industry. Rates shall include all charges assessed against Major Industrial Users and shall be at least equal to the ordinance rates in effect at the time of the contract. (E) Water Meter Requirements. If any premises connected to the sanitary sewage system of the District obtains water from a source other than the water distribution system owned and operated by the District, the owner or consumer is required to have a Water Meter installed for the purpose of determining Sewer User Charges under this Chapter. All meters shall be approved by the District and shall be installed by the District at the expense of the owner of said premises and officers and employees of the District shall have access to said premises at all reasonable times for the purpose of inspecting the water system, installing and repairing said meters and reading the same. Sec. 7-90. Water Not Discharged into Sanitary Sewer System. (A) Commercial or Industrial. Commercial or industrial consumers shall not be charged a sewer use charge for water passing through a separate meter, the type and installation of which shall be approved by the District, and purchased and installed at the consumer's expense, where the water used or consumed is not discharged into the sanitary sewer system. Alternatively, the District may establish a special sewer use charge based on an estimated quantity of water used or consumed on the premises in determining the Sewer User Charge. (B) Residential. Residential consumers of water shall not be charged a Sewer User Charge for water passing through a separate water line and water meter, the type and installation of which shall be approved by the District, and purchased and installed at the consumer's expense, when the meter shall be connected to outside taps for the purpose of lawn sprinklers or for the operation of air conditioners when such water is not discharged through or into the sanitary sewer system. If a separate meter is not installed, the consumer may use the winter quarter period. The Sewer User Charge for consumers billed monthly shall be the same for each month of the calendar year and shall be determined by averaging the monthly water usage as shown by the water meter readings taken in the winter quarter. The District Manager shall determine the three months to be used for the winter quarter. If the consumer has discontinued service or has an unusual winter quarter, the District Manager may select a representative winter quarter for the consumer. The District Manager will review water usage and billings in cases where water usage as shown by meter readings is less than the established winter quarter consumption. In those situations where the consumer has insufficient history to determine an average based on the winter quarter, the District Manager shall have the discretion to determine a fair and equitable charge. The winter quarter will not be used for consumers who install separate sewer and water meters. (Amended by Ord. No. 92-1, 06/08/92) Sec. 7-91. Review of Rates. Sewer use rates shall be reviewed at least annually and shall be revised as necessary to keep revenues reasonably in balance with anticipated expenditures. Sec. 7-92. Failure to Comply with Provisions. Failure to comply with the provisions of this division shall result in the premises being disconnected from the Wastewater Collection Works of the District. Sec. 7-93 - 7-120. Reserved. (Ord. No. 91-12, 01/13/92) ARTICLE III. SERVICES CODE DIVISION 1. GENERAL Sec. 7-111. Definitions. As used in this Chapter, unless the context otherwise requires: (A) Board. Wherever the term "Board" is referred to in this chapter, it shall mean the Board of Supervisors of the Dakota Dunes Community Improvement District. (B) Consumer. Wherever the word "consumer" appears in this Chapter, it shall mean the owner or occupant of the premises to which utility services are furnished by the District. (C) District. Wherever the term "District" appears in this Chapter or "Improvement District" or "Community Improvement District," it shall mean the Dakota Dunes Community Improvement District. (D) District Manager. Wherever the term "District Manager" or "Manager" is referred to in this Chapter, it shall mean the District manager employed by the District or his duly authorized representative. (E) Utility. The word "utility" shall be construed to mean and include the water and sewer and/or any other utility services furnished by the District to consumers thereof. (F) Plumber. When ever the word Aplumber@ is referred to in this Chapter in reference to building interior work, it shall mean only plumbers who are licenses in the State of South Dakota. Whenever the word Aplumber@ is used in this Chapter in reference to exterior work, it shall mean both plumbers and utility contractors who are licensed in the State of South Dakota. (Amended by Ord. No. 94-1 4/11/94) Sec. 7-112. Scope of Chapter Provisions. All pertinent provisions of this Chapter are hereby made a part of the terms and conditions whereby the District shall furnish any utility service to any person; or whereby the District shall make any utility connection or perform any work of any kind in connection with the furnishing of any utility service. Sec. 7-113. Termination of Service Authorized. The District shall have the right to disconnect or refuse to connect or reconnect any utility service for the following reasons: (A) Failure to meet the applicable Provisions of law. (B) Violations of the ordinances, rules and regulations Pertaining to utilities. (C) Nonpayment of bills unless the nonpayment is for an unrelated service. (D) Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise. (E) Molesting any meter, seal or other equipment controlling or regulating the supply of utility service. (F) Theft or diversion and/or use of service without payment therefor. (G) Vacancy of premises. (H) Failure to provide access to premises for the purpose of reading any meter, or other purposes authorized by this Chapter. (I) Failure to fulfill contractual obligations for utility services provided by the District. (J) Failure of the consumer to obtain permits, certificates of occupancy, or other forms of authorization from the District, as required by the