HomeMy WebLinkAbout3G, Revised Utility Ordinance�--
�SI�EN HILLS
Request for Council Review
Prepared By: Sue Iverson, Director of Finance "
and Administrative Services Work Session Date: November 21, 2011
Pan Silseth, Accounting Clerk
Revised Utility Ordinance
Discussion Topic:
In response to the economic trends, bankruptcies and foreclosures, and cost efficiency, staff suggests
updating our utility ordinance.
Supportin� Documents:
1. Memorandum from Sue Iverson and Pang Silseth.
2. Chapter 10 Utilities; Section 1000 — Water; 1000.01 General Operation and Administration —
final version.
3. Chapter 10 Utilities; Section 1000 — Water; 1000A1 General Operation and Administration —
blacklined version.
�
�i` D�EN��HILLS
MEMORANDUM
DATE: November 21, 2011
TO: Honorable Mayor and City Council Members
Patrick Klaers, City Administrator
FROM: Sue Iverson, Director of Finance and Administrative Services
Pang Silseth, Accounting Clerk
SUBJECT: Utility Ordinance Update
Back�round
In response to the economic trends, bankruptcies and foreclosures, and cost efficiency, staff
suggests updating our utility ordinance in the following areas:
Responsible party for payment on utility accounts change to property owner.
The City certifies delinquent utilities to property taxes regardless of whether the delinquent
balance is from an account in the name of the tenant or owner. There is concern with the legality
of this past practice. Requiring that the property owner be the responsible party for the utility
account eliminates any question as to the owner's knowledge of and if the owner is responsible
for the delinquent balance. According to the League of Minnesota Cities, this arrangement is
acceptable by the courts. Also, making a property owner responsible for utility charges helps
ensure payment and may decrease the number of delinquent accounts.
Certification of delinquent utilities to property taxes on a quarterly basis.
The City currently certifies delinquent utilities on an annual basis. This leaves the City more
vulnerable to bankruptcy petitions filed prior to certification. Certifying on a more frequent
basis protects the City from having accounts that carry larger delinquent balances thereby
minimizing the risk. Amounts added to the tax roll continue to be collectable as they not eligible
for discharge.
Actual calendar quarter billing of residential water and sewer accounts.
Currently, residential utility accounts are billed on a rolling billing quarter where one third of the
city is billed each month. Staff suggests continuing to bill residential accounts on a quarterly
basis, but billing all residential accounts all the same time. This change will be from a rolling
billing quarter to a calendar quarter billing cycle. Moving to this proposed billing will be a cost
savings in staff time, about two days of finance staff time and three days of public works time
during the months in between billings for other projects.
This proposed change will also make implementing rate changes and delinquent certification
more streamlined since the effect dates will be the same for all accounts.
Lastly, there will be a significant cost savings of $1,628 to the overall cost of statement
preparation for mailing that is currently being outsourced. Commercial accounts will continue to
be billed monthly. For the months that do not coincide with the residential billing, the
processing of commercial statements will be completed in-house.
Requested Action
Staff requests feedback on the proposed changes.
Attachment A
Chapter 10 Utilities; S�ction 1000 - Water
Final Version
City of Arden Hills Chapter 10 Utilities
Chapter 10 Utilities*
Section 1000 - Water*
1000.01 General Operation and Administration.
Subd. 1 Public Utility. The City water system, hereinafter called "the water system," shall be
operated as a public utility and convenience from which revenue will be derived, subject to the
provisions of this section.
Subd. 2 General Administration. The general administration of the water system shall be
under the direction and control of the City Administrator, who shall report to the Council upon
request of the Council. The City Administrator is hereinafter referred to as the Administrator.
He or she shall be authorized to appoint representatives, either salaried or nonsalaried, to
discharge the duties provided by this section and such other responsibilities as may arise in
administration of the water system. The City Administrator shall be promptly and fully
advised as to the appointment of the representatives.
Subd. 3 Records. The City Administrator shall be responsible for the keeping of records
relating to the water system, including records of permits and finances in connection therewith.
Subd. 4 Engineer. The City Engineer shall perform the duties provided for him or her in this
section and shall provide additional consultation and advice as the City Administrator shall
request from time to time.
Subd. 5 Private Wells. References in this section to the water system shall not be deemed to
apply to privately-owned wells unless the language used specifically requires such application.
1000.02 Use of Water Restricted to Authorized Persons. No person shall make, construct or install
any water service installation or make use of any water service which is connected to the water system
except in the manner provided in this section.
1000.03 Wilful Damage to Water System. No person shall remove, alter, damage or trespass upon
any structure, appurtenance or property of the water system, or cause water to be consumed, diverted,
restricted, wasted or contaminated in any manner unless permitted pursuant to written authorization or
a permit from the City.
1000.04 Discontinuance of Service for Violations.
"State law references - Utilities, M.S. §§ 412.321 et seq.; municipally owned utilities, M.S.
Ch. 452; waterworks, sewers, drains, storm sewers, M.S. Ch. 444
"*State law references - Waterworks, M.S. Ch. 444, authority to provide for waterworks,
M.S. § 412.221 (11); sewer and water connections, M.S. § 412.221 (31)
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd. 1 General. Subj ect to the provisions of this subsection, water service may be shut off at
any stop box connection whenever:
A. The owner or occupant of the premises served, or any other person working on
any pipes or equipment thereon connected with the water system, has violated
or threatens to violate any of the provisions of this section.
B. Any charge for water, service meter, or any other financial obligations imposed
on the present or former owner or occupant of the premises served by the
connection are unpaid for a period of two (2) consecutive calendar year
quarters.
C. Fraud or misrepresentation by the owner or occupant of the premises served in
connection with the application for service.
Subd. 2 Notice.
A. Water shall not be shut off under Subd. l above until notice and an opportunity
for a hearing shall have first been given to the owner and/or occupant (the
"customer") of the premises involved. The notice shall be personally served in
the same manner as suimnonses in civil actions and shall state that if payment,
proof of payment or proof of no violation of Subd. 1 above have not been made
before a date specified in the notice, but not less than thirty (30) days after the
date on which the notice has been given, the water supply to the premises shall
be shut off.
B. The notice shall clearly inform the customer of the available opportunities to
present to the City his or her objections to the bill or the violation claimed in
the notice and shall identify the telephone number, address and officer or
employee of the City who will receive the customer's payment and/or review
the customer's facts and files and has authority to decide whether payment has
in fact been made or a violation has not occurred, to correct any errors in
billing and to arrange for credit terms. The notice shall also state that the
customer may, before the date, demand in � writing (which shall contain the
customer's return address) a hearing on the matter.
Subd. 3 Restriction on Shut-of£ If, by the date specified in the notice, the City has received
the customer's demand for a hearing, then the City shall not shut off the customer's water
supply until after the hearing has been held, and the panel required by this subsection has
determined that the water supply should be discontinued. If the customer has paid to the City
his or her delinquencies, plus the cost of serving the aforesaid notice upon him or her, or has
furnished the City with proof of the payment satisfactory to the officer specified in the notice,
or has cured any nonmonetary violations to the satisfaction of the officer by the date specified
in the notice, then the City shall not shut off the customer's water supply.
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City of Arden Hills Chapter 10 Utilities
Subd.4 Hearing.
A. If the customer demands a hearing in writing, the demand must be received by
the City before the date specified in the notice provided in Subd. 2 and must
specify the customer's return address or post office address for purposes of the
notice of hearing. The City Administrator shall bring it to the City Council.
The notice of hearing shall specify the date, time and place of the hearing and
the purpose thereof. It shall be sent by certified or registered mail, return
receipt requested. The date it is deposited in the U.S. mail system is the date
that it shall be deemed to have been given.
B. If, as a result of the hearing, the City Council finds that the amount claimed to
be owed is actually due or that the customer has committed one (1) of the
nonmonetary violations described in Subd. 1 above, and that there is no legal
reason why the water supply of the delinquent customer may not be shut off in
accordance with this section, then the City shall be authorized to shut off the
supply. Where the violation is a nonmonetary one, the panel shall specify the
cure for the violation, if any, and give the customer a reasonable opportunity to
effect the cure before authorizing the City to disconnect the water supply.
Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her
primary heating service, water shall not be shut off between October 15 of any year and the
following Apri115 except in accordance with the Minnesota Cold Weather Rule found in M.S.
§ 216B.097, as amended from time to time.
Subd. 6 Restoration of Service. When water service to any premises has been discontinued,
service shall not be restored except upon payment of all delinquent amounts due, or correction
of the nonmonetary violation of Subd. 1 hereof to the satisfaction of the City Administrator,
plus the costs for serving the notices required herein above and plus a fee for disconnection
and reconnection in the amounts as are from time to time established by resolution of the
Council.
1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or
failure in the supply of water to consumers, whether occasioned by shutting the water off for the
purpose of making repairs or connections, or from any other cause whatever: In case of fire, or alarm
of fire, or in making repairs or construction of new works, water may be shut off at any time and kept
shut off as long as necessary.
1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from
one service connection except by special permission of the City Administrator. Whenever two (2) or
more housing units or buildings are supplied from one pipe connecting to a distribution main each
building or part of building shall have a separate stop box and a separate meter.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1000.07 Tapping of Mains Prohibited. No person except those duly authorized by the City shall tap
any distributing main or pipe of the water supply system, or insert stop-cocks or ferrules in any such
pipe.
1000.08 Repair of Leaks. It shall be the responsibility of the consumer or owner to maintain the
service pipe from the curb box into the house or building. In case of failure upon the part of any
consumer or owner to repair any leak occurring in his or her pipe within twenty-four (24) hours after
verbal or written notice thereof, the water shall be shut off and shall not be turned on until the sum
listed in the fee schedule appendix to this code has been paid and the leak repaired. When the waste of
water is great, or when damage is likely to result from the leak, the water may be turned off
immediately pending repairs.
1000.09 Abandoned Services.
Subd. 1 Disconnection. All service installations that have been abandoned or have not been
used for three (3) years shall be disconnected at the main by the City. All pipe and
appurtenances removed from such connections shall be the property of the City and any
expense of the City in connection with the disconnection shall be charged to the property.
Subd. 2 New Buildings. When new buildings are erected on the site of abandoned services,
and it is desired to increase or change the old water service, no connections with the mains
shall be made until all the old service shall have been removed and the main connection
plugged by the property owner. City inspection of the plug will be required. The City
Administrator shall have the power, in his or her discretion, to permit continuance of the old
service until the new service is connected to the property, when immediate removal of the old
service would constitute a hardship
1000.10 Service Pipes. Every service pipe shall be laid in such manner as to allow not less than one
foot of extra length and in such manner as to prevent rupture by settlement or otherwise. The service
pipe shall be placed no less than seven (7) feet below the surface and in all cases so arranged as to
prevent rupture by freezing. Joints in service pipe or tubing shall be kept to a minimum, with no slice
or coupling allowed in service lines less than one hundred (100) feet in length on one-inch lines.
Large diameter service lines may be spliced as necessary according to available manufactured lengths.
1000.11 Use Confined to Premises. No person shall permit water from the water system to be used
for any purpose except upon his or her own premises unless written consent is obtained from the City
Administrator.
1000.12 Connections at or Beyond City Limits. Where water mains of the City or an adjacent
municipality are in any street or alley adjacent to or outside the corporate limits of the City, the City
Administrator may issue permits to the owners or occupants of properties at or beyond the City limits
and accessible to the water mains to make water service pipe connections with the mains and to be
supplied with water from the mains in accordance with the applicable provisions of this section and all
pertinent and applicable contract provisions.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1000.13 Restrictions and Limitations of Water Use. All water customers shall be subject to
applicable regulations of the City or other regulations to which the City is subject by contract relating
to limitations in the time and manner of using water or relating to the preservation, regulation and
protection of the water supply.
1000.14 Private Water Supplies. No water pipe of the water system shall be connected with any
pump, well, tank or piping that is connected with any other source of water supply unless the
connection is approved by the City Administrator in accordance with contract responsibilities of the
City and any other pertinent regulations.
1000.15 Private Wells. Private wells may be maintained and continued in use after connection is
made to the water system, provided there is no means of cross-connection between the private well
and municipal supply at any time. Hose bibbs or faucets equipped with hose threads that will enable
the cross-connection of the two (2) systems are prohibited on internal piping of the well supply
system. The threads on the drain or the bibb of the well volume or compression tank shall be removed
or the drain bibb replaced with a sink faucet without hose threads. Where both private and City
systems are in use outside hose bibbs shall not be installed on both systems.
1000.16 Use of Water for Air Conditioning. All air conditioning systems which are connected
directly or indirectly with the public water system shall be equipped with water conserving and water
regulating devices as approved by the City Administrator.
1000.17 Permits Required for Air Conditioning. Permits shall be required for the installation of all
new air conditioning systems connected directly or indirectly to the public water system. The permit
shall be on forms as provided by the City.
1000.18 Connections Barred. No connection shall be allowed to a building piping system that
contains any connection, fixture or source of pollution not allowed by the state plumbing code, the St.
Paul Water Department, regulations of the City of Roseville or other providers.
1000.19 Connections.
Subd. 1 Applications.
A. All applications for permits for service installations and for water service
connections shall be made to the City Administrator on printed forms furnished
by the City.
B. Applications for permits for service installation shall be made by the owner of
the property to be served or by the owner's agent and shall state the size and
location of the service connection required. The applicant shall, at the time of
making application, pay to the City the amount of fees or deposit required for
the installation as provided in this section.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
C. When the service has been installed, application for water service may be made
to the City Administrator by the owner, his or her agent, or the tenant or
occupant of the premises.
Subd.2 Meters.
A. The size of water service meters shall be subject to approval of the City
Administrator in the case of nonresidential service.
B. A meter spacer with valves and tailpiece couplings shall be furnished to the
plumber at the time a connection permit is issued. Meter spacers shall be
picked up when the meter is installed under City supervision after completion
of water service installation.
C. The plumber shall notify the City Administrator within twenty-four (24) hours
after piping is complete and ready for meter installation, giving the street
address and service installation permit number for the premise requesting
service. Inspections as the City Administrator shall deem appropriate shall be
made on behalf of the City. In all cases, connection to the system must be
made within sixty (60) days after the permit is issued or the permit shall expire
and be invalid.
D. Water billings shall start at the time of the installation of the water meter; or in
the event the water meter is not installed within thirty (30) days, shall
commence upon the thirty-first day from the date of the permit, and shall be
calculated upon the minimum quarterly rate, prorated on a monthly basis.
Subd. 3 Service Charges.
A. Permits must be obtained to connect to the existing water service leads at the
curb box and the interior plumbing. The permit fee for each of these
connections shall be as established by ordinance by the Council. No permit
shall be issued except to a licensed plumber.
B. In the event that, through the fault or omission of the owner of the subject
property, a curb box or a service lead has not been installed for the properiy,
the owner will be responsible for the service lead installation, subject to
approval by the public works director. The City must witness all taps into the
City's main lines, which charges shall be as follows:
1. The restoration portion of any permit fee will be refunded to the permit
applicant following restoration completion to the satisfaction of the
appropriate city official and/or City Engineer.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
2. All backfill materials shall be mechanically compacted in twelve-inch
layers in place in roadway area to existing street grade. Soils deemed
not suitable for proper compaction must be removed and replaced with
clean granular material at the owner's expense.
C. A service charge in the amount established by Council resolution shall be made
for turning on water where service has been turned off for violation of any
provision of this section, except for cases where a higher charge is provided
for.
Subd. 4 Time for Connections. If, for any cause, the plumber or contractor laying the service
pipe should fail to have the connection made at the time specified in his or her application,
notice shall be given to the City Administrator fixing another day on which he or she wishes to
make connection. The notice shall be given at least two (2) days prior to the excavation for
laying of the service pipe, and the connection shall be made before 4:30 p.m., except in special
cases, and then the work shall be done only upon written order from the City Administrator. In
any event, connection shall be made within sixty (60) days after the permit is obtained.
Subd. 5 Property Assessments. Before a permit for water main tapping shall be issued, the
following conditions shall be complied with:
A. A connection permit to service, directly or indirectly, any lot or tract of land
shall not be issued until the City Administrator shall have certified to one of
the following:
1. That the lot or tract of land has been assessed for the cost of
construction of the water main with which the connection is to be
made;
2. If no assessment has been levied for the construction cost, the
proceedings for levying the assessment have been or will be completed
in due course; or
3. If no assessment has been levied and no assessment proceedings will be
completed in due course, that the City has been paid an amount equal to the
estimated assessment against the lot or tract for the construction of the
main.
B. If for any reason the City Administrator cannot issue a certificate as provided
in this subdivision, and there has been an assessment proceeding in connection
with the construction of the main, then the City Engineer shall compute the
assessment which would have been levied against the subject lot or parcel on
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
the same basis as assessments previously levied against other property for the
main, and the City Administrator's certificate may be issued upon payment of
the amount to the City Administrator. In the event that there has been no
assessment proceeding in connection with the laying of the main, the City
Engineer shall compute the charge to be made for the connection on the basis
of the benefit to the property from the construction of the main, and the City
Administrator's certificate shall be issued upon payment of the charge.
C. In lieu of requiring payment of the charge as computed under this subdivision
at the time the connection permit is issued, the Council may, upon request of a
property owner desiring the connection, certify the amount to the county
auditor, together with a legal description of the premises served, to the end that
the connection charge shall be paid in equal installments over a period of
twenty (20) years, with interest thereon at the rate of eight (8%) percent per
annum, in the same manner as provided for collection of assessments in M.S.
Ch. 429, as amended from time to time.
Subd. 6 Turning on Water. No person other than an authorized City employee shall turn any
water supply on or off at the stop box without permission from the City Administrator.
Subd. 7 Location of Stop Boxes. Curb stop boxes shall be installed at a point on the property
line most suitable to the properly and shall be left in an accurate vertical position when
back-filling is completed. Curb stop boxes will be installed at an approximate depth of seven
(7) feet below the finished grade or the grade established by the City Engineer. Curb stop
boxes shall not be reinstalled in existing or future delivery areas.
Subd. 8 Supervision by Plumber. All piping connections from the curb box to the house
supply piping shall be made under the supervision of a licensed plumber.
Subd. 9 Connections Within City to Systems Outside City.
A. The Council recognizes that in certain border areas of the City water service for
property in the City may be more economically and conveniently obtained from
water systems outside of the City.
B. In the event a City properly owner requests water service of this City, and the
City Engineer advises this City that the property concerned is a border area to
which water service may be best supplied, on a practical and economic basis,
from a water system other than that of this Ciiy, upon recommendation of the
City Administrator of this City the Council may permit connection to the
outside water system and permit payment of connection charges in the manner
provided in this section, which could be the other city's charge or Arden Hills
charge, whichever is greater.
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City of Arden Hills Chapter 10 Utilities
1000.20 Rates and Charges.
Subd. 1 Keeping Water Accounts. All water accounts shall be kept by the City Administrator
by house and street number and under the account number assigned thereto, and also by the
name of the owner. Bills and notices sent out by the City Administrator shall be sent to the
house or street number of the party. If nonresident owners or agents wish notice sent to a
different address they shall file an application therefor with the City Administrator. Any error
in address shall be promptly reported to the City Administrator.
Subd. 2 Water Rates.
A. The rate due and payable by each water user within the City for water taken
from the water system shall be as established by Ordinance adopted by the
Council.
B. In case the meter is found to have stopped, or to be operating in a faulty
manner, the amount of water used will be estimated in accordance with the
amount used previously in comparable periods of the year. If no comparable
period is available the City Administrator shall, with the consent of the
Council, set an estimated charge on the basis of his or her best judgment.
C. Where service is for less than a quarterly period, the quarterly charge shall be
prorated on a monthly basis.
D. Rates due and payable by each water user located beyond the territorial
boundaries of the City shall be determined by special contract.
E. In case a service pipe is connected to the stop box and laid into the building,
but the property owner does not wish to connect immediately to the building
piping for use, the minimum rates shall be charged as provided in Subpart A
above.
F. In the event the water customer elects to discontinue use of municipal water the
minimum charge shall continue until such date as the service pipe is excavated
and disconnected at the stop box. The disconnection shall be inspected by an
appropriate City official before backfilling occurs.
G. In addition to the above charges for water consumption, each water user within
the City shall pay an additional quarterly demand charge for the purpose of
covering certain fixed costs of the City in maintaining the municipal water
system, which charges shall be as established in resolutions adopted from time
to time by the City Council.
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City of Arden Hills Chapter 10 Utilities
H. The owner(s) of any premises shall be solely responsible for the payment of any
water or sewer usage or service charge, whether or not the water or sewer,
usage or service, have been used by the owner(s) or tenants.
Subd. 3 Payment of Charges.
A. Statements for total water chaxges for the preceding quarterly period shall be
mailed by the City Administrator to each property owner on or before the tenth
day of the month following the rolling billing area.
B. Such statements shall be due on the last day of the month following the
quarterly period covered by the statement. Any prepayment or overpayment of
charges may be retained by the City and applied to subsequent quarterly
statements.
Subd. 4 Delinquency Penalties and Collection of Delinquent Charges.
A. A delinquency penalty of eight (8%) percent of the unpaid water bill for
charges shall be charged, effective thirty (30) days after the rolling billing
quarter, in accordance with the following schedule of billing dates:
District 1
For the first quarter April 30
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
District 2 District 3
May 31 June 30
August 31 Sept 30
November 30 December 31
February 28 March 31
If the delinquency date falls on a nonbusiness day for the City Hall, the
penalties shall be imposed on the next business day, but first crediting
payments received on that day.
B. Except as otherwise provided in this section, the delinquency penalty shall be
imposed upon and added to all unpaid water bills by the City Administrator
and mailed in the usual course at the next regular billing date, showing in the
same bill the current billing after the first penalty date.
C. The Council has noted that, under Subd. 3, section bills are due at the end of
the billing month, and accordingly the delinquency charge shall be imposed
consistent with the due date of a billing.
D. Any amounts due for water charges in excess of 90 days past due, may be
collected in a civil action brought for that purpose in the name of the City; or
the City Administrator, upon direction by the Council, may certify to the
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City of Arden Hills Chapter 10 Utilities
county auditor the amount due, together with the legal description of the
premises served, and the City Administrator, in so certifying, shall add to the
amount as a separate item, in addition to the delinquency penalty hereinbefore
provided, an additional delinquency penalty of eight (8%) percent of the
original unpaid amount, inclusive of any previous delinquency penalty. The
county auditor shall enter the amount as part of the tax levied on the premises
to be collected during the ensuing year. No additional delinquency penalties
shall be added to unpaid bills after certification to the county auditor as
provided in this subdivision. To avoid imposition of this additional
delinquency penalty, payment in full of the unpaid water bill and the original or
previous delinquency penalty must be received by the City Administrator no
later than February 28, May 31, August 31 and November 30.
1000.21 Meters and Hydrants.
Subd. 1 Meter Required. No person shall use water from the water system or permit water to
be drawn from the system unless the water is metered by passing through a meter supplied or
approved by the City. This requirement shall not apply to water withdrawn by authorized City
employees acting on City business or to water withdrawn for use in fire-fighting. Unless
authorized by the City Administrator, no person shall connect, disconnect, take apart or in any
manner change or cause to be changed, or interfere with any such meter or the action thereof.
Subd. 2 Maintenance and Replacement of Meters. The City shall maintain and repair all
meters and, when rendered unserviceable through ordinary wear and tear, the City shall replace
them. However, where replacement, repair or adjustment of any meter is rendered necessary
by the act, neglect, including damage from freezing, hot water backup, or carelessness of the
owner or occupant of any premises, any expense caused the City thereby shall be charged
against and collected from the water consumer.
Subd. 3 Meter Accuracy Testing. A consumer may have his or her meter tested for accuracy
by making written request therefor and depositing the amount set out in the fee schedule
appendix to this code with the City Administrator at the time the request is made. In the event
the test shows an error of over five (5%) percent of the water allegedly consumed, the deposit
shall be refunded to the consumer and a correctly-registering meter shall be installed, with the
bill to be adjusted in accordance with the corrected reading. If there is no error or the error is
less than five (5%) percent, the deposit shall be retained by the City. Any adjustment shall not
extend for more than one billing period before the date of the request for test. The deposit
charges for meter testing shall be as established from time to time in a resolution adopted by
the Council.
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Subd. 4 Right of Access. Authorized City employees shall have free access to premises
connected with the water system at reasonable hours of the day for the purpose of reading and
inspecting inspection and performing meter maintenance.
Subd. 5 Compound Meters. Where a potable water service line larger than two (2) inches is
installed or where flows are sufficiently large in the opinion of the City Administrator to
require a meter larger than two (2) inches, the occupant or owner of the subject premises shall
cause to be furnished and installed a compound meter consisting of dual integral measuring
elements for high and low flow rates. The type and manufacturer shall be as designated by the
City Administrator.
Subd. 6 Fire Protection System. Where a service line is installed to serve, in total or in part, a
private fire protection system, the owner or occupant of the premises shall cause to be
furnished and installed, on the line serving such purpose, a City approved check-type meter.
Subd. 7 Water Meter Setting. All water meters shall be installed in accordance with the
following rules:
A. The service pipe from the water main to the meter, when the pipe enters the
building, shall be brought through the floor or bottom course of concrete block
foundation at a depth in accordance with the provisions of Subsection 1000.10.
However, this may be waived by the City Administrator if strict compliance
with the provision would create a hardship in a particular situation.
B. The meter shall be located so that the bottom of the meter is from twelve (12)
inches to twenty-four (24) inches above the finished floor line. The meter shall
be set not less than six (6) inches nor more than twelve (12) inches measured
horizontally from the inside line of the basement wall, unless an alternate
method is approved by the City Administrator.
C. All meter installations shall have a lock wing meter ball valve on the street side
of the meter. In no case shall there be more than twelve (12) inches of pipe
exposed between the point of entrance through the basement floor and the
valve. A similar valve shall also be installed on the house side of the meter.
All fittings and pipe shall be red brass or bronze, except that pipe over two (2)
inches in diameter may be iron. The valves shall be brass one hundred
twenty-five (125) pounds standard, except valves larger than two (2) inches
may be iron body. There shall also be installed on the house side of the meter
gate valve a three-quarter inch side outlet tee and plug to provide for future
installation of a two (2) inch air chamber or shock absorber.
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City of Arden Hills Chapter 10 Utilities
1000.22 Fire Hydrants.
Subd. 1 Use of Fire Hydrants. No person shall operate fire hydrants or interfere in any way
with the water system without first obtaining a permit to do so from the City Administrator,
with the exception of authorized City employees on City business or fire-fighting personnel.
Permits may be issued by the City Administrator in accordance with the following procedure:
A. A permit to use a fire hydrant shall be issued for each individual job or
contract, for a minimum of thirty (30) days and for any additional thirty (30)
day periods as the City Administrator shall determine. The permit shall state
the location of the hydrant and shall be for the use of that hydrant alone, except
as otherwise specified in the permit. A City supplied meter and valve shall be
used at all times while a hydrant is in use. Hydrants shall be left in the fall
upon position with the flow controlled by the meter valve.
B. The applicant for a permit shall make an advance cash deposit in the amount
established by Ordinance adopted by the Council. T`he purpose of the cash
deposit is to guarantee payment for water used and to cover any breakage or
damage to the hydrant or meter. Such deposit shall be refunded upon
expiration of the permit, after deduction for any applicable charges for water
consumption or damage.
C. The user shall pay a rental charge based both upon the time of use and the
gallons of water used. This rental charge shall be established by Ordinance
adopted by the Council.
Subd. 2 Hydrant Rentals.
A. Owners of private property on which fire hydrants are located shall pay an
annual standby charge, the amount of which shall be as established by
Ordinance adopted by the Council. This charge shall be a specified amount per
hydrant. In addition, if the City installs a hydrant on private property at the
request of the owner, the owner shall be charged the actual cost to the City of
materials and labor for the installation.
B. This charge shall not apply to a hydrant installed in the usual manner on
boulevards or street right-of-ways, but only to those installed on private
property.
1000.23 Permits Required for Private Use of Water Towers. No person shall install any radio antenna
or aerial on, or in any way use, any municipal water tower for private use without first obtaining a
permit from the Council to do so.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd. 1 Terms of Permit. Any person desiring to obtain a permit to install a private radio
aerial on a water tower shall file an application with the City Administrator and have the
application approved by the City Engineer. If the permit is issued by the Council it shall only
be valid so long as the applicant pays to the City the fee as has been established by Ordinance
adopted by the Council. The original payment must be made at the time of application for the
permit.
Subd. 2 Canceling Permits. The Council may at any time cancel any such permit issued to any
person by returning to the holder of the pertnit the unused portion of the annual fee.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Section 1010 - Sewers*
1010.01 General Operation. The entire municipal sanitary sewer system shall be operated as a public
utility and convenience from which revenues will be derived, subject to the provisions of this section.
1010.02 Connections Required.
Subd. 1 Existing Buildings. Any building used for human habitation and located on property
adjacent to a sewer main, or in a platted block through which the system extends, shall be
connected to the municipal sanitary sewer system within two (2) years from the date on which
a connection is available to the building.
Subd. 2 New Buildings. All buildings constructed after the adoption of this code within the
City on property adjacent to a sewer main or in a platted block through which the municipal
sanitary sewer system extends, shall be provided with a connection to the sewer system for the
disposal of all human wastes.
1010.03 Certain Connections Prohibited. No buildings located on property lying outside the limits of
the City shall be connected to that portion of the sanitary sewer system of the City discharging into the
Metropolitan Council of Environmental Services Division (MCES).
1010.04 Supervision of Connections. The plumbing inspector shall supervise all sewer connections
made to the municipal sanitary sewer system and excavation for the purpose of installing or repairing
the same.
1010.05 Permits. Any person desiring a connection to the municipal sanitary sewer system shall
apply to the City for a permit therefor. The application shall be submitted on blanks furnished by the
City Administrator and shall be accompanied by plans, specifications and any other infortnation as is
desired by the plumbing inspector, together with the required permit and inspection fee. All costs and
expenses incident to the installation and connections shall be borne by the owner, and he or she shall
indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the
installation of the sewer connection, including restoring streets and street surfaces. Permits for the
connections shall be issued only to a plumber duly licensed by the State Board of Health or to anyone
not so licensed who owns and actually occupies as his or her residence the premises or that part of the
premises upon which the sewer connection work is to be performed.
1010.06 Tampering with System. No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a
part of the municipal sewer system.
"State law reference - Sewage and rubbish disposal, M.S. Ch. 443
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1410.07 Maintenance. Each property owner shall be responsible at all times for the maintenance of
his or her sewer connection to the municipal sanitary sewer system, and shall have the obligation to
keep the connection in good repair, to the end that there shall be no interference or obstruction to the
sewer system as a whole, nor shall there be any violation of this section, and the laws of the state. The
plumbing inspector shall be authorized to make the inspections of the sewer connections as he or she
may deem necessary to accomplish this purpose, and the property owner shall be responsible for
carrying out the instructions as the plumbing inspector deems necessary to accomplish this purpose.
1010.08 Types of Wastes Restricted or Prohibited. It shall be unlawful to discharge any wastes or
cause or allow any wastes to be discharged into the municipal sanitary sewer system of the City which
do not comply with the laws and regulations promulgated by the state or as set forth in this section.
Subd. 1 Grease, Oil and Sand. To ensure the proper discharge of waste containing excessive
amounts of grease, oil or sand, the City plumbing inspector may require that grease, oil and
sand traps or interceptors be provided, which traps or interceptors shall comply in all respects
with the requirements set forth in the Minnesota Plumbing Code. Traps or interceptors shall
not be required for private dwelling units which discharge only normal wastes. Such traps or
interceptors shall be maintained by the owner, at his or her expense, and shall be regularly
cleaned and maintained for adequate performance and efficient operation at all times. Any
subsequent alterations or additions to the traps or interceptors shall not be made without due
notice to and approval by the City plumbing inspector.
Subd. 2 Industrial Waste. With respect to the discharge or potential discharge of "industrial
waste," which for purposes of this section shall be defined as any solid, liquid or gaseous
waste, including cooling water, resulting from any industrial or manufacturing process or from
the development, recovery or processing of natural resources, the discharger or potential
discharger of the industrial waste shall be subject to the requirements and procedures of the
MCES or the disposal system of plans and speciiications for any and all facilities to be used in
discharging the industrial waste, including meters and sampling facilities (if required), prior to
construction and installation of the facilities. The City Engineer shall have first approved the
metering equipment to be or being used prior to the submission of the plans to the MCES for
approvaL
Subd. 3 Drainage Water. It shall be unlawful for any person to discharge or cause to be
discharged into the municipal sanitary sewer system of the City, either directly or indirectly,
any roof, storm, surface or groundwater of any type or kind.
Subd. 4 Objectional Material. It shall be unlawful for any person to discharge or cause to be
discharged, or for any property owner to allow the discharge of, any objectionable material,
including, but not limited to, cloth, rags or similar materials, into the Municipal Sanitary
Sewer System. In those cases where it can be determined that the objectionable materials are
being discharged into the Municipal Sanitary Sewer System from a private sanitary sewer line,
the City's Plumbing Inspector shall notify the property owner to either discontinue or cause to
be discontinued the practice of discharging objectionable materials into the Municipal Sanitary
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City of Arden Hills Chapter 10 Utilities
Sewer System or, in the alternative, at the property owner's sole expense and cost, the property
owner shall install and maintain traps, grinders, and/or interceptors within that portion of the
private sanitary sewer line which connects to the Municipal Sanitary Sewer System. The
notice shall be sent by certified mail. If the property owner fails to discontinue or cause to be
discontinued the practice of discharging objectionable materials into the Municipal Sanitary
Sewer System or fails to install and maintain traps, grinders and/or interceptors, the City may
assess the costs incurred by the Ciry for excessive maintenance or repairs to the Municipal
Sanitary Sewer System, and may pursue other legal or equitable remedies against the property
owner.
1010.09 Accidental Discharges. Section 5-15 of Article V of the Sewage and Waste Control Rules
and Regulations for the Metropolitan Disposal System, is incorporated and adopted herein by
reference and shall be applicable to any and all accidental discharges of prohibited waste into the
sanitary sewer system of the City which either directly or indirectly eventuates in such prohibited
waste flowing into the metropolitan disposal system.
1010.10 Construction Requirements.
Subd. 1 General. Those provisions of the state plumbing code, as contained in the building
code of the City, which apply to the construction, alignment, grades, j oints and connections of
sewers and materials used therewith are hereby adopted by reference and made a part of this
code as if set out here in full.
Subd. 2 Use of Old House Sewers. Old house sewers or portions thereof may be approved for
use by the plumbing inspector. The plumbing inspector may request that the old sewer be
excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be
connected to any sewer connections. If any portion of a house sewer is laid across or over any
existing cesspool or septic tank, the cesspool or septic tank shall first be pumped clean and
filled with earth to the surrounding ground level. Where a connecting sewer is laid across or
over any existing cesspool or septic tank, only extra heavy cast iron soil pipe, conforming to
the A.S.T.M. Standard Specification A-74-42, shall be used for that portion of the connecting
sewer which is laid across or over the existing cesspool or septic tank.
Subd. 3 Connections at "Y" Only. Every connecting sewer shall be connected to the
municipal sewer system at the "Y" or sewer connection stubs designated for the property
served by the connection, except where otherwise expressly authorized in writing by the
plumbing inspector. Connections authorized by the plumbing inspector shall be made only
under his or her direct supervision and in the manner as he or she may direct.
Subd. 4 Tunneling. Tunneling for distances of not more than six (6) feet shall be permissible
in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall
be at least one size larger than the pipe to be laid.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd. 5 Independent Systems.
A. The drainage and plumbing system of each new building and of new work
installed in an existing building shall be separate from and independent of that
of any other building except as provided for in Subparts B and C of this
subsection.
B. Where one building stands to the rear of another building on an interior lot and
no private sewer is available or can be constructed to the rear building through
an adjoining alley, court, yard or driveway, the building drain from the front
building may be extended to the rear building and the whole shall be
considered as one building drain. Where such a building drain is extended, a
clean-out shall be provided immediately inside the rear wall of the front
building.
C. Where adjoining property owners desire to construct a common sewer
connection to service both properties, the owners may make written application
to the Council for permission to construct the joint service connection. The
Council may grant such a permit if it determines that the construction of the
j oint connection is reasonable and warranted under the existing conditions, and
if independent connections were to be constructed, the minimum length of each
connection would be at least one hundred (100) feet from the property line
abutting the municipal sewer.
Subd. 6 Repair of Public Right-Of-Way. No connection to the municipal sanitary sewer
system shall be finally approved until all streets, pavements, curbs and boulevards or other
public improvements thereon have been restored to their former condition to the satisfaction of
the plumbing inspector.
Subd. 7 Restrictions on Installation of Sump Pump System; Necessity of Obtaining Permit.
Any person installing a subsurface drainage system in connection with the construction of a
building shall include as part of the system a sump pump which has a permanent discharge
connection to the exterior of the building. Any person installing a sump pump system in an
existing building shall also provide the system with a permanent discharge connection to the
exterior of the building. No person shall install a subsurface drainage system in connection
with new construction or the modification of an existing building without having first obtained
a permit to do so from the City and may not connect it to the sanitary sewer system.
(Add 4/22/09) Subd. 8 Prohibited Connections of Surface Water and Crround Water Discharge Facilities
to the City's Sanitary Sewer System.
A. No person, owner, lessee or occupant of any parcel of land, building, or
premises shall discharge, or permit to be discharged, directly or indirectly,
into the sanitary sewer system any surface water or groundwater including
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
water from roofs, yards, lawns, streets, alleys, groundwater sump pumps,
footing tile, or other natural precipitation.
B. A sump pump discharge system shall not be connected directly or indirectly
to the City's sanitary sewer system. A sump pump shall have a permanently
installed discharge line, which provides for year-round discharge to either
the outside of a building or structure, or is connected to the City storm
sewer.
The system shall consist of a discharge line without valving or quick
connections or flexible sections, which allows the redirection of the sump
pump discharge into the sanitary sewer system. If connected to a City storm
sewer, the system shall include a check valve and an air gap.
Subd. 9 Inspection
Every person, owner, lessee or occupant of any parcel of land, building or premises that
discharges into the City's sanitary sewer system shall allow an employee of the city or a
designated representative of the City to inspect the building or premises to confirm that the
building or premises conforms to the requirements of Subdivision 8 of this section.
In lieu of the City inspection, the owner, lessee or occupant may furnish a certificate from a
City registered State licensed plumber certifying that the building or premises are in
compliance with the requirements of Subdivision 8. The City may periodically re-inspect
any building or premises to determine continued compliance with the requirements of
Subdivision 8.
Subd. 10 Removal of Prohibited Connections; Surcharge ; City Reimbursement
Any person, owner, lessee or occupant, and any plumber or building contractor who has
presently made or permitted to be made, or shall make or permit to be made, any
connection or installation in violation of subdivision 8, shall immediately remove such
connection or correct such an installation. The City will reimburse 50% of the cost of
removing or correcting an illegal connection to bring the property into compliance, to a
lifetime maximum of $300.00.
If not removed or corrected within sixty calendar days after notice of the violation has been
delivered personally or by certified mail to such person, owner, lessee or occupant, the City
shall impose a surcharge in the amount directed by the City Council. Such a surcharge
shall also be imposed upon any property owner, lessee, or occupant who, within sixty days
of receiving notice of the need for an inspection, fails to make or keep a scheduled
appointment for the inspection of their property, has not allowed their property to be
inspected, or fails to provide the certificate from a City registered State licensed plumber as
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
required by Subdivision 9.
The owner, lessee, occupant of a building or premises found to be not in conformance as
required in Subdivision 8 during periodic re-inspections shall be subjected to a surcharge
as provided in Subdivision 10, for all months between the two most recent inspections or a
maximum charge not to exceed twelve (12) monthly surcharges.
Subd. 11 Surcharge Fee.
Surcharges for buildings or premises that are not in conformance with Subdivision 8 will
be determined by the City Council.
1010.11 Rates and Charges.
Subd. 1 Established.
A. Rates and charges to be imposed on the various categories of structures
connected to the municipal sanitary sewer system shall be established by
Ordinance adopted by the Council. In establishing the rates and charges, the
Council shall employ any one or a combination of the methods and bases set
forth in M.S. § 444.075 (3), as now constituted and as hereafter amended.
B. Charges for mobile homes and apartments shall be billed to the owner or
management of the mobile home court, park or apartment building in which the
same are respectively located. Charges will be based on the number of units.
C. Certain premises, because of their discharge of industrial sewage wastes or
voluminous or strong sewage wastes, may be subject to supplementary charges
imposed by governmental agencies or subdivisions other than the City. In such
event, the City may impose, as established by Ordinance and adopted by the
Council, a supplementary charge based generally upon and at least equal to the
amount of the supplemental charge imposed by the other governmental agency
or subdivision.
D. All owners of properties other than single-family dwellings, duplexes or two-
family dwellings, mobile homes or trailers and apartments which are not
connected to the municipal water system and are not excepted, shall install a
meter on their water supply as part of any building program on the premises,
and in any event within ten (10) days after receipt of written notice to do so
from the City Administrator. Such meter shall be designed in such manner as
to accurately measure water consumption, shall be of a type approved by the
director of public works, shall be maintained in good operating condition
without expense to the City, and access thereto shall be given to employees of
the City at all reasonable times for the purpose of testing or making readings.
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City of Arden Hills Chapter 10 Utilities
E. If the director of public works determines that a portion of the water measured
by the water meter does not and cannot enter the municipal sanitary sewer
system, then the City may permit or require the installation of other additional
meters in such a manner that the quantity of water which actually could enter
the sewer system may be determined.
F. The owner of the property shall supply the City, upon request, with such
information as the City may reasonably require related to the use of a private
water system.
G. The owner(s) of any premises shall be solely responsible for the payment of
any sewer usage or service charge, whether or not the sewer, usage or service
has been used by the owner(s) or by tenants.
Subd. 2 Payment. Statements for total sewer charges for the preceding quarterly period shall
be mailed to each customer on or before the tenth day of the month following the rolling
billing quarter. The balances shown due shall be due and payable at the office of the City
Administrator on or before the last day of the month. Prepayments or overpayments of charges
may be retained by the City and applied to subsequent quarterly statements. The City
Administrator by direction of the Council, may designate another office to mail notices and
receive payments under this subsection.
Subd. 3 Delinquencies.
A. A delinquency penalty of eight (8%) percent of the unpaid sanitary sewer bill for
charges effective on the date stated shall be charged, in accordance with the
following schedule of billing for specific districts:
District 1
For the first quarter Apri130
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
District 2 District 3
May 31 June 30
August 31 September 30
November 30 December 31
February 28 March 31
If the delinquency date falls on a nonbusiness day for the City Hall, the
penalties shall be imposed on the next business day, but iirst crediting
payments received on that day.
B. Except as provided in Subd. 4 below, the delinquency penalty shall be imposed
upon and added to all unpaid sanitary sewer bills by the City Administrator and
mailed in the usual course at the next regular billing date, showing in the same
bill the current billing.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
C. Seven bills are due at the end of the billing month, and accordingly the
delinquency charge hereunder will be imposed more than a month after the due
date of a billing.
Subd. 4 Collection. Any amounts due for sanitary sewer charges in excess of 90 days past
due may be collected in a civil action brought for that purpose in the name of the City; or the
City Administrator, upon direction by the Council, may certify to the county auditor the
amount due, together with the legal description of the premises served, and the City
Administrator in so certifying, shall add to the amount as a separate item, in addition to the
delinquency penalty an additional delinquency penalty of eight (8%) percent of the original
unpaid amount, inclusive of any previous delinquency penalty. The county auditor shall enter
the amount as part of the tax levied on the premises to be collected during the ensuing year.
No additional delinquency penalties shall be added to unpaid bills after certification to the
county auditor. To avoid imposition of this additional delinquency penalty, payment in full of
the unpaid sanitary sewer bill and the original or previous delinquency penalty must be
received by the City Administrator no later than February 28, May 31, August 31 and
November 30.
1010.12 Sewer Availability.
Subd. 1 Recitals. The metropolitan sewer board has determined to reserve unused capacity in
the metropolitan disposal system each year for local government units in which new buildings
are to be connected to the system and new connections to the system are commenced during
the year, and to allocate the debt service costs of the unused capacity for the year among the
local government units. In order for the local government units to pay such costs allocated to
them each year, it is necessary to establish appropriate sewer service availability and
connection charges.
Subd. 2 Establishment of Charges.
A. For the purpose of paying costs of reserve capacity allocated to this City each
year by the metropolitan sewer board, there is hereby established by Ordinance
adopted by the Council, a charge for:
1. The availability of treatment works and interceptors comprising the
metropolitan disposal system; and
2. Connections, direct and indirect, to the metropolitan disposal system.
B. The charge shall be collected on the basis of building permits issued on the
following basis:
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1. The charge shall be payable on the issuance of each building permit for
new construction issued.
2. A charge shall be payable on the issuance of a building permit for
alterations or additions to existing buildings if the alteration or addition
will require additional reserve capacity, and the service availability
charge (SAC) unit shall be determined on the same basis as for new
buildings.
C. The charge for each building shall be the product of the number of units of
sewage volume which it will discharge and the dollar figure established by
Ordinance adopted by the Council for the year in which the building permit is
issued. A unit of sewage volume shall be one hundred thousand (100,000)
gallons per year and shall be assigned as follows:
1. Single-family houses, townhouses and duplex units shall each comprise
one unit.
2. Condominiums and apartments shall each comprise eighty (80%)
percent of a unit.
3. Mobile homes shall each comprise eighty (80%) percent of a unit.
4. Other buildings and structures shall be assigned one unit for each one
hundred thousand (100,000) gallons of flow or part thereof which it is
estimated they will discharge.
5. Public housing units and housing units subsidized under any federal
program for low and moderate income housing shall be counted as
seventy-five (75%) percent of the unit equivalent for that type of
housing.
Subd. 3 Administration. The City Administrator shall prepare or revise building permit or
sewage connection permit application forms to provide information necessary for the
computation of the number of SAC units assignable to the building or structure in question,
and shall collect the applicable charge before issuance of a permit. The City Administrator
shall make such information available to the MCES upon request. If upon filing a report
covering the permit with the metropolitan MCES. They may determine that a greater number
of units is assignable to the building or structure in question, any additional amount of cost
allocated to the City as a result shall be paid by the person or company to whom the permit
was granted.
1010.13 Underground Installation of Distribution Lines.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd. 1. The purpose of this section is to promote the health, safety and general welfare of the
public and is intended to foster:
A. Safe travel over the right-of-way;
B. Non-travel related safety around homes and buildings where overhead feeds
are connected; and
C. Orderly development in the city. Location and relocation, installation and
reinstallation of facilities in the right-of-way must be made in accordance with
this section.
Subd. 2. The terms used in this section have the meanings given them.
A. The word "Commission" shall mean the Minnesota Public Utilities
Commission.
B. 'I'he word "Facility" shall mean tangible asset in the public right-of-way
required to provide utility service. The term does not include facilities to the
extent the location and relocation of such facilities are preempted by M.S.
§ 161.45, as amended from time to time, governing utility facility placement in
state trunk highways. Facility does not mean electric transmission lines, as
distinguished from electric distribution lines.
C. The words "Public Right-of-Way" has the meaning given it in M.S. § 237.162
(3), as amended from time to time.
D. The words "Right-of-Way User" means:
1. A telecommunications right-of-way user as defined by M.S. § 237.162
(4), as amended from time to time; or
2. A person owning or controlling a facility, in the right-of-way, that is
used or intended to be used for providing utility service, and who has a
right under law, franchise or ordinance to use the public right-of-way.
E. The words "Utility Service" means and includes:
1. Service provided by a public utility, as defined in M.S. § 216B.02 (4)
and (6), as amended from time to time;
2. Services of a telecommunications right-of-way user, including the
transporting of voice or data information;
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
3. Services provided by a cable communications system, as defined in
M.S. § 238.02 (3), as amended from time to time;
4. Natural gas or electric energy or telecommunications services provided
by a local government unit;
5. Services provided by a cooperative electric association organized under
M.S. Ch. 308A, as amended from time to time; and
6. Water, sewer, steam, cooling or heating services.
Subd. 3 Undergrounding. Unless otherwise agreed in a franchise between the applicable
right-of-way user and the City, facilities in the right-of-way must be located or relocated and
maintained underground.
Subd. 4 Undergrounding of New Facilities. A new facility or a permanent extension of
facilities must be installed and maintained underground when supplied to:
A. A new installation of buildings, signs, streetlights or other structures;
B. A new subdivision of land; or
C. A new development or industrial park containing new commercial or industrial
buildings.
Subd. 5 Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities.
A permanent replacement, relocation or reconstruction of a facility of more than 300 feet must
be located, and maintained underground, with due regard for seasonal working conditions. For
purposes of this section, reconstruction means any substantial repair of or any improvement to
existing facilities. Undergrounding is required whether a replacement, relocation or
reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the
city in connection with:
A. The present or future use by the city or other local government unit of the right-
of-way for a public project;
B. The public health or safety; or
C. The safety and convenience of travel over the right-of-way.
Subd. 6 Retirement of Overhead Facilities. The City Council may determine whether it is in
the public interest that all facilities within the City, or within certain districts designated by the
City, be permanently placed and maintained underground by a date certain or target date,
independently of undergrounding required pursuant to this code. The decision to underground
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City of Arden Hills Chapter 10 Utilities
must be preceded by a public hearing, after published notice and written notice to the utilities
affected. (Two weeks published: 30 days written.) At the hearing, the Council must consider
items and make findings. Undergrounding may not take place until City Council has, after
hearing and notice, adopted a plan.
Subd. 7 Public �-learings. A hearing must be open to the public and may be continued from
time to time. At each hearing any person interested must be given an opportunity to be heard.
The subj ect of the public hearings shall be the issue of whether facilities in the right-of-way in
the City, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required.
Subd. 8 Public Hearing Issues.
A. The issues to be addressed at public hearings include, but are not limited to:
The costs and benefits to the public of requiring the undergrounding of
all facilities in the right-of-way;
2. The feasibility and cost of undergrounding all facilities by a date
certain as determined by the City and the affected utilities;
3. The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the
utilities from ratepayers within the city.
4. Alternative financing options available if the City deems it in the
public interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost borne by the ratepayers.
B. Upon completion of the hearing or hearings, the Council must make written
findings on whether it is in the public interest to establish a plan under which
all facilities will be underground.
Subd. 9 Undergrounding Plan. If the Council finds that it is in the public interest to
underground all or substantially all facilities, the Council must establish a plan for such
undergrounding. The plan for undergrounding must include at least the following elements:
A. Timetable for the undergrounding;
B. Designation of districts for the undergrounding unless, undergrounding plan is
citywide;
C. Exceptions to the undergrounding requirement and procedure for establishing
such exceptions;
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City of Arden Hills Chapter 10 Utilities
D. Procedures for the undergrounding process, including but not limited to
coordination with city projects and provisions to ensure compliance with non-
discrimination requirements under the law;
E. A financing plan for funding of the incremental costs if the city determines that
it will finance some of the costs, and a determination and verification of the
claimed additional costs to underground incurred by the utility; and
F. Penalties or other remedies for failure to comply with the undergrounding.
10-27
Adopted December 17, 2Q01
City of Arden Hills Chapter 10 Utilities
1010.14 Surface Water Management Utility.
Subd. 1 General Operation. The municipal surface storm water runoff system shall be
operated as a public utility, hereinafter called the "surface water management utility," pursuant
to M.S. § 444.075, as amended from time to time, from which revenues will be derived subject
to the provisions of this chapter and Minnesota Statutes.
Subd. 2 Definitions.
A. The words "Quarterly Surface Water Management Budget" shall mean the
estimated quarterly expenditures for planning and inventories, capital
expenditures, personnel and equipment and operation of the surface water
utility, in accordance with established City policy. This budget shall be
established from time to time by City Council resolution.
B. The words "Surface Water Management Fee" shall mean the quarterly charge
developed for each parcel of land pursuant to City regulations and zoning
classifications and shall be established by Ordinance adopted by the Council.
C. The words "Utility Factor" shall mean the ratio of runoff volume, in inches, for
a particular land use, to the runoff volume, in inches, for a 1/3 -acre residential
lot, assuming a two-inch rainfall and soil conservation service, or (SCS), "Type
B" soil conditions.
Subd. 3 Establishment of Fees. Surface water management fees shall be established by
Ordinance adopted by the Council. The following steps shall be taken to determine the
quarterly fee to be charged to each property:
A. A calculation shall be made of the total area, in acres, of all zoned property
within the City.
B. A determination shall be made whether each individual properly within these
zoning classifications is developed or undeveloped.
C. The total number of developed acres oF property within these zoning
classifications shall be calculated.
D. The total acreage of developed property zoned as R-1, single family residential,
shall be divided by the total acreage calculated in Step C. This yields the
percentage of total developed property that is zoned R-1.
E. The City Council shall establish, by resolution, the quarterly budget for the
revenue to be generated.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
F. The portion of the quarterly budget to be charged against properties zoned R-1
shall be calculated by multiplying the percentage found in Step D. by the budge
amount in Step E.
G. The rate per acre for property zoned R-1 shall be calculated by dividing the
revenue for R-1 properties in Step F, by the total acreage of developed
properties found in Step C. This rate shall be the basis for all rates charged to
any other zoned properties within the City.
H. The volume of storm water runoff shall be calculated for all properties zoned
R-1, R-2, R-3, R-4, I-1, I-2, B-1 and B-2. The methods used for these
calculations shall follow the U. S. Department of Agriculture Soil Conservation
Service guideline for soil types common to Arden Hills. A curve number shall
be chosen for each zoning classification, which shall be an approximate
measure of the percentage of impervious surface on the property. The volume
of runoff for each zoning classification shall be calculated using the following
equation.
Q = (P _ 0•2S)5
p + 0.85
Where Q = runoff, cfs
S = (1000/cn) - 10, dimensionless
P = 2, inches
I. The runoff value calculated in Step H for R-1 properties sha11 be considered the
base rate. The runoff value for each of the other zoning classifications shall
then be divided by the base rate to yield a utility factor for each zoning
classification. This utility factor shall be a measure of the additional runoff
created from the property as compared to a single family lot. The utility factors
for each zoning classification shall be listed in the following subdivision.
J. The rate per acre for all zoning classifications, except R-1, shall be calculated
by multiplying the utility factor found in step I by the base rate determined in
Step G.
K. The owner(s) of any premise(s) shall be solely responsible for the payment of
any storm water runoff charge calculated for a property.
Subd. 4 Factors for Determining Fees for Various Land Uses. The utility factors for various
land uses used to determine the surface water management fees are assigned as follows:
Districts Land Use Utilitv Factor
R-1 Single-Family Residential (1 \3 acre lots) 1.00
10-29
Adopted December 17, 2001
City of Arden Hills
R-2
R-3
R-4
I-1, I-2
B-1, B-2
Chapter 10 Utilities
Single and Two-Family Residential; (1/4 acre lots) 1.31
Townhouse and Low Density Multiple Dwellings 2.72
Multiple Dwelling
Limited and General Industrial
Limited and General Business
2.72
4.25
4.25
Subd. 5 Adjustment of Fees. The City Council may adopt an Ordinance for the adjustment of
the surface water management fees. Information to justify a fee adjustment shall be supplied
by the property owner. Surface water management fees shall be adjusted under the following
conditions:
A. The estimated expenditures for the management of surface water shall be
revised at a frequency specified in this code. The fees shall be adjusted
accordingly and will follow established City procedures for this adjustment of
utility (water and sewer) rates.
B. Changes in developed conditions of parcels.
C. If it can be demonstrated that an individual parcel retains all or a portion of the
rainfall that it receives, the surface water management fee shall be reduced by a
percentage equal to that percent of the parcel which produces no external
runoff. A fee reduction of 20 percent or greater must be demonstrated.
Subd. 6 Undeveloped Land. Undeveloped properties, without regard to zoning classification,
shall be assessed at one-half the rate, charged to developed property zoned as R-1.
Subd. 7 Exemptions. The following land uses shall be exempt from the surface water
management fee:
A. Public Rights-of-Way;
B. Lakes; and
C. Parks.
Subd. 8 Mailing Statements of Charges. Statements for the preceding quarterly surface water
management service shall be mailed to each customer pursuant to the same procedures as
listed under Subsection 1010.11.
Subd. 9 Fee Appeal. If a property owner or person responsible for paying the surface water
management fee believes that a particular assigned fee is incorrect, such a person may request
that the fee be recomputed. Appeals shall be heard by the Council once a year in accordance
with the schedule established for credit applications, in established City policy.
10-30
Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd.10 Penalties for Delinquent Payments of Fees. A penalty equal to eight percent (8%) of
the amount due shall be added to accounts not paid in full on or before the first day of the
second month following the billing periods and to each quarterly billing thereafter until the
amount of the delinquent account plus accrued penalty is paid in full or otherwise certified to
the county auditor as a delinquent account.
Subd. 11 Collection. Any amounts due for surface water management charges in excess of 90
days past due may be collected in a civil action brought for that purpose in the name of the
City; or the City Administrator, upon direction by the Council, may certify to the county
auditor the amount due, together with the legal description of the premises served, and the City
Administrator in so certifying, shall add to the amount as a separate item, in addition to the
delinquency penalty an additional delinquency penalty of eight (8%) percent of the original
unpaid amount, inclusive of any previous delinquency penalty. The county auditor shall enter
the amount as part of the tax levied on the premises to be collected during the ensuing year.
No additional delinquency penalties shall be added to unpaid bills after certification to the
county auditor. To avoid imposition of this additional delinquency penalty, payment in full of
the unpaid sanitary sewer bill and the original or previous delinquency penalty must be
received by the City Administrator no later than February 28, May 31, August 31 and
November 30.
10 - 31
Adopted December 17, 2001
Attachment B
Chapter 10 Utilities; Section 1000 - Water
Blacklined Version
City of Arden Hills Chapter 10 Utilities
Chapter 10 Utilities*
Section 1000 - Water*
1000.01 General Operation and Administration.
Subd. 1 Public Utility. The City water system, hereinafter called "the water system," shall be
operated as a public utility and convenience from which revenue will be derived, subject to the
provisions of this section.
Subd. 2 General.Administration. The general administration of the water system shall be
under the direction and control of the City Administrator, who shall report to the Council upon
request of the Council. The City Administrator is hereinafter referred to as the Administrator.
He or she shall be authorized to appoint representatives, either salaried or nonsalaried, to
discharge the duties provided by this section and such other responsibilities as may arise in
administration of the water system. The City Administrator shall be promptly and fully
advised as to the appointment of the representatives.
Subd. 3 Records. The City Administrator shall be responsible for the keeping of records
relating to the water system, including records of permits and finances in connection therewith.
Subd. 4 Engineer. The City Engineer shall perform the duties provided for him or her in this
section and shall provide additional consultation and advice as the City Administrator shall
request from time to time.
Subd. 5 Private Wells. References in this section to the water system shall not be deemed to
apply to privately-owned wells unless the language used specifically requires such application.
1000.02 Use of Water Restricted to Authorized Persons. No person shall make, construct or install
any water service installation or make use of any water service which is connected to the water system
except in the manner provided in this section.
1000.03 Wilful Damage to Water System. No person shall remove, alter, damage or trespass upon
any structure, appurtenance or property of the water system, or cause water to be consumed, diverted,
restricted, wasted or contaminated in any manner unless permitted pursuant to written authorization or
a permit from the City.
1000.04 Discontinuance of Service for Violations.
"State law references - Utilities, M.S. §§ 412.321 et seq.; municipally owned utilities, M.S.
Ch. 452; waterworks, sewers, drains, storm sewers, M.S. Ch. 444
�*State law references - Waterworks, M.S. Ch. 444, authority to provide for waterworks,
M.S. § 412.221 (11); sewer and water connections, M.S. § 412.221 (31)
10-1
Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd. 1 General. Subject to the provisions of this subsection, water service may be shut off at
any stop box connection whenever:
A. The owner or occupant of the premises served, or any other person working on
any pipes or equipment thereon connected with the water system, has violated
or threatens to violate any of the provisions of this section.
B. Any charge for water, service meterz or any other financial obligations imposed
on the present or former owner or occupant of ��r�'�r +'��� ��^+�^~ �: ~ the
premises served by the connection are unpaid for a period of two (2)
consecutive calendar year quarters.
C. Fraud or misrepresentation by the owner or occupant of the premises served in
connection with the application for service.
Subd. 2 Notice.
A. Water shall not be shut off under Subd. 1 above until notice and an opportunity
for a hearing shall have first been given to the owner and/or occupant (the
"customer") of the premises involved. The notice shall be personally served in
the same manner as summonses in civil actions and shall state that if payment,
proof of payment or proof of no violation of Subd. l above have not been made
before a date specified in the notice, but not less than thirty (30) days after the
date on which the notice has been given, the water supply to the premises shall
be shut off.
B. The notice shall clearly inform the customer of the available opportunities to
present to the City his or her objections to the bill or the violation claimed in
the notice and shall identify the telephone number, address and officer or
employee of the City who will receive the customer's payment andlor review
the customer's facts and files and has authority to decide whether payment has
in fact been made or a violation has not occurred, to correct any errors in
billing and to arrange for credit terms. The notice shall also state that the
customer may, before the date, demand in a writing (which shall contain the
customer's return address) a hearing on the matter.
Subd. 3 Restriction on Shut-off. If, by the date specified in the notice, the City has received
the customer's demand for a hearing, then the City shall not shut off the customer's water
supply until after the hearing has been held, and the panel required by this subsection has
determined that the water supply should be discontinued. If the customer has paid to the City
his or her delinquencies, plus the cost of serving the aforesaid notice upon him or her, or has
furnished the City with proof of the payment satisfactory to the officer specified in the notice,
10-2
Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
or has cured any nonmonetary violations to the satisfaction of the officer by the date specified
in the notice, then the City shall not shut off the customer's water supply.
Subd. 4 Hearing.
A. If the customer demands a hearing in writing, the demand must be received by
the City before the date specified in the notice provided in Subd. 2 and must
specify the customer's return address or post office address for purposes of the
notice of hearing. The City Administrator shall bring it to the City Council.
The notice of hearing shall specify the date, time and place of the hearing and
the purpose thereof. It shall be sent by certiiied or registered mail, return
receipt requested. The date it is deposited in the U.S. mail system is the date
that it shall be deemed to have been given.
B. If, as a result of the heaxing, the City Council finds that the amount claimed to
be owed is actually due or that the customer has committed one (1) of the
nonmonetary violations described in Subd. 1 above, and that there is no legal
reason why the water supply of the delinquent customer may not be shut off in
accordance with this section, then the City shall be authorized to shut off the
supply. Where the violation is a nonmonetary one, the panel shall specify the
cure for the violation, if any, and give the customer a reasonable opportunity to
effect the cure before authorizing the City to disconnect the water supply.
Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her
primary heating service, water shall not be shut off between October 15 of any year and the
following Apri115 except in accordance with the Minnesota Cold Weather Rule found in M.S.
§ 216B.097, as amended from time to time.
Subd. 6 Restoration of Service. When water service to any premises has been discontinued,
service shall not be restored except upon payment of all delinquent amounts due, or correction
of the nonmonetary violation of Subd. 1 hereof to the satisfaction of the City Administrator,
plus the costs for serving the notices required herein above and plus a fee for disconnection
and reconnection in the amounts as are from time to time established by resolution of the
Council.
1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or
failure in the supply of water to consumers, whether occasioned by shutting the water off for the
purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm
of fire, or in making repairs or construction of new works, water may be shut off at any time and kept
shut off as long as necessary.
1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from
one service connection except by special permission of the City Administrator. Whenever two (2) or
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
more housing units or buildings are supplied from one pipe connecting to a distribution main each
building or part of building shall have a separate stop box and a separate meter.
1000.07 Tapping of Mains Prohibited. No person except those duly authorized by the City shall tap
any distributing main or pipe of the water supply system, or insert stop-cocks or ferrules in any such
pipe.
1000.08 Repair of Leaks. It shall be the responsibility of the consumer or owner to maintain the
service pipe from the curb box into the house or building. In case of failure upon the part of any
consumer or owner to repair any leak occurring in his or her pipe within twenty-four (24) hours after
verbal or written notice thereof, the water shall be shut off and shall not be turned on until the sum
listed in the fee schedule appendix to this code has been paid and the leak repaired. When the waste of
water is great, or when damage is likely to result from the leak, the water may be turned off
immediately pending repairs.
1000.09 Abandoned Services.
Subd. 1 Disconnection. All service installations that have been abandoned or have not been
used for three (3) years shall be disconnected at the main by the City. All pipe and
appurtenances removed from such connections shall be the property of the City and any
expense of the City in connection with the disconnection shall be charged to the property.
Subd. 2 New Buildings. When new buildings are erected on the site of abandoned services,
and it is desired to increase or change the old water service, no connections with the mains
shall be made until all the old service shall have been removed and the main connection
plugged by the property owner. City inspection of the plug will be required. The City
Administrator shall have the power, in his or her discretion, to permit continuance of the old
service until the new service is connected to the property, when immediate removal of the old
service would constitute a hardship
1000.10 Service Pipes. Every service pipe shall be laid in such manner as to allow not less than one
foot of extra length and in such manner as to prevent rupture by settlement or otherwise. The service
pipe shall be placed no less than seven (7) feet below the surface and in all cases so arranged as to
prevent rupture by freezing. Joints in service pipe or tubing shall be kept to a minimum, with no slice
or coupling allowed in service lines less than one hundred (100) feet in length on one-inch lines.
Large diameter service lines may be spliced as necessary according to available manufactured lengths.
1000.11 Use Confined to Premises. No person shall permit water from the water system to be used
for any purpose except upon his or her own premises unless written consent is obtained from the City
Administrator.
1000.12 Connections at or Beyond City Limits. Where water mains of the City or an adjacent
municipality are in any street or alley adjacent to or outside the corporate limits of the City, the City
Administrator may issue permits to the owners or occupants of properties at or beyond the City limits
10-4
Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
and accessible to the water mains to make water service pipe connections with the mains and to be
supplied with water from the mains in accordance with the applicable provisions of this section and all
pertinent and applicable contract provisions.
1000.13 Restrictions and Limitations of Water Use. All water customers shall be subject to
applicable regulations of the City or other regulations to which the City is subject by contract relating
to limitations in the time and manner of using water or relating to the preservation, regulation and
protection of the water supply.
1000.14 Private Water Supplies. No water pipe of the water system shall be connected with any
pump, well, tank or piping that is connected with any other source of water supply unless the
connection is approved by the City Administrator in accordance with contract responsibilities of the
City and any other pertinent regulations.
1000.15 Private Wells. Private wells may be maintained and continued in use after connection is
made to the water system, provided there is no means of cross-connection between the private well
and municipal supply at any time. Hose bibbs or faucets equipped with hose threads that will enable
the cross-connection of the two (2) systems are prohibited on internal piping of the well supply
system. The threads on the drain or the bibb of the well volume or compression tank shall be removed
or the drain bibb replaced with a sink faucet without hose threads. Where both private and City
systems are in use outside hose bibbs shall not be installed on both systems.
1000.16 Use of Water for Air Conditioning. All air conditioning systems which are connected
directly or indirectly with the public water system shall be equipped with water conserving and water
regulating devices as approved by the City Administrator.
1000.17 Permits Required for Air Conditioning. Permits shall be required for the installation of all
new air conditioning systems connected directly or indirectly to the public water system. The permit
shall be on forms as provided by the City.
1000.18 Connections Barred. No connection shall be allowed to a building piping system that
contains any connection, fixture or source of pollution not allowed by the state plumbing code, the St.
Paul Water Department, regulations of the City of Roseville or other providers.
1000.19 Connections.
Subd. 1 Applications.
A. All applications for permits for service installations and for water service
connections shall be made to the City Adrninistrator on printed forms furnished
by the City.
B. Applications for permits for service installation shall be made by the owner of
the property to be served or by the awner's agent and shall state the size and
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Adopted December 1.7, 2001
City of Arden Hills Chapter 10 Utilities
location of the service connection required. The applicant shall, at the time of
making application, pay to the City the amount of fees or deposit required for
the installation as provided in this section.
C. When the service has been installed, application for water service may be made
to the City Administrator by the owner, his or her agent, or the tenant or
occupant of the premises.
Subd.2 Meters.
A. The size of water service meters shall be subject to approval of the City
Administrator in the case of nonresidential service.
B. A meter spacer with valves and tailpiece couplings shall be furnished to the
plumber at the time a connection permit is issued. Meter spacers shall be
picked up when the meter is installed under City supervision after completion
of water service installation.
C. The plumber shall notify the City Administrator within twenty-four (24) hours
after piping is complete and ready for meter installation, giving the street
address and service installation permit number for the premise requesting
service. Inspections as the City Administrator shall deem appropriate shall be
made on behalf of the City. In all cases, connection to the system must be
made within sixty (60) days after the permit is issued or the permit shall expire
and be invalid.
D. Water billings shall start at the time of the installation of the water meter; or in
the event the water meter is not installed within thirty (30) days, shall
commence upon the thirty-first day from the date of the permit, and shall be
calculated upon the minimum quarterly rate, prorated on a monthly basis.
Subd. 3 Service Charges.
A. Permits must be obtained to connect to the existing water service leads at the
curb box and the interior plumbing. The permit fee for each of these
connections shall be as established by ordinance by the Council. No permit
shall be issued except to a licensed plumber.
B. In the event that, through the fault or omission of the owner of the subject
property, a curb box or a service lead has not been installed for the property,
the owner will be responsible for the service lead installation, subject to
approval by the public works director. The City must witness all taps into the
City's main lines, which charges shall be as follows:
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1. The restoration portion of any permit fee will be refunded to the permit
applicant following restoration completion to the satisfaction of the
appropriate city official and/or City Engineer.
2. All backfill materials shall be mechanically compacted in twelve-inch
layers in place in roadway area to existing street grade. Soils deemed
not suitable for proper compaction must be removed and replaced with
clean granular material at the owner's expense.
C. A service charge in the amount established by Council resolution shall be made
for turning on water where service has been turned off for violation of any
provision of this section, except for cases where a higher charge is provided
for.
Subd. 4 Time for Connections. If, for any cause, the plumber or contractor laying the service
pipe should fail to have the connection made at the time specified in his or her application,
notice shall be given to the City Administrator fixing another day on which he or she wishes to
make connection. The notice shall be given at least two (2) days prior to the excavation for
laying of the service pipe, and the connection shall be made before 4:30 p.m., except in special
cases, and then the work shall be done only upon written order from the City Administrator. In
any event, connection shall be made within sixty (60) days after the permit is obtained.
Subd. 5 Property Assessments. Before a permit for water main tapping shall be issued, the
following conditions sha11 be complied with:
A. A connection permit to service, directly or indirectly, any lot or tract of land
shall not be issued until the City Administrator shall have certified to one of
the following:
1. That the lot or tract of land has been assessed for the cost of
construction of the water main with which the connection is to be
made;
2. If no assessment has been levied for the construction cost, the
proceedings for levying the assessment have been or will be completed
in due course; or
3. If no assessment has been levied and no assessment proceedings will be
completed in due course, that the City has been paid an amount equal to the
estimated assessment against the lot or tract for the construction of the
main.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
B. If for any reason the City Administrator cannot issue a certificate as provided
in this subdivision, and there has been an assessment proceeding in connection
with the construction of the main, then the City Engineer shall compute the
assessment which would have been levied against the subject lot or parcel on
the same basis as assessments previously levied against other property for the
main, and the City Administrator's certificate may be issued upon payment of
the amount to the City Administrator. In the event that there has been no
assessment proceeding in connection with the laying of the main, the City
Engineer shall compute the charge to be made for the connection on the basis
of the benefit to the property from the construction of the main, and the City
Administrator's certificate shall be issued upon payment of the charge.
C. In lieu of requiring payment of the charge as computed under this subdivision
at the time the connection permit is issued, the Council may, upon request of a
properiy owner desiring the connection, certify the amount to the county
auditor, together with a legal description of the premises served, to the end that
the connection charge shall be paid in equal installments over a period of
twenty (20) years, with interest thereon at the rate of eight (8%) percent per
annum, in the same manner as provided for collection of assessments in M.S.
Ch. 429, as amended from time to time.
Subd. 6 Turning on Water. No person other than an authorized City employee shall turn any
water supply on or off at the stop box without permission from the City Administrator.
Subd. 7 Location of Stop Boxes. Curb stop boxes sha11 be installed at a point on the property
line most suitable to the property and shall be left in an accurate vertical position when
back-filling is completed. Curb stop boxes will be installed at an approximate depth of seven
(7) feet below the finished grade or the grade established by the City Engineer. Curb stop
boxes shall not be reinstalled in existing or future delivery areas.
Subd. 8 Supervision by Plumber. All piping connections from the curb box to the house
supply piping shall be made under the supervision of a licensed plumber.
Subd. 9 Connections Within City to Systems Outside City.
A. The Council recognizes that in certain border areas of the City water service for
property in the City may be more economically and conveniently obtained from
water systems outside of the City.
B. In the event a City property owner requests water service of this City, and the
City Engineer advises this City that the property concerned is a border area to
which water service may be best supplied, on a practical and economic basis,
from a water system other than that of this City, upon recommendation of the
City Administrator of this City the Council may permit connection to the
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
outside water system and permit payment of connection charges in the manner
provided in this section, which could be the other city's charge or Arden Hills
charge, whichever is greater.
1000.20 Rates and Charges.
Subd. 1 Keeping Water Accounts. All water accounts shall be kept by the City Administrator
by house and street number and under the account number assigned thereto, and also by the
name of the owner. . Bills and notices sent
out by the City Administrator shall be sent to the house or street number of the party. If
nonresident owners or agents wish notice sent to a different address they shall file an
application therefor with the City Administrator. Any error in address shall be promptly
reported to the City Administrator.
Subd. 2 Water Rates.
A. The rate due and payable by each water user within the City for water taken
from the water system shall be as established by Ordinance adopted by the
Council.
B. In case the meter is found to have stopped, or to be operating in a faulty
manner, the amount of water used will be estimated in accordance with the
amount used previously in comparable periods of the year. If no comparable
period is available the City Administrator shall, with the consent of the
Council, set an estimated charge on the basis of his or her best judgment.
C. Where service is for less than a quarterly period, the quarterly charge shall be
prorated on a monthly basis.
D. Rates due and payable by each water user located beyond the territorial
boundaries of the City shall be determined by special contract.
E. In case a service pipe is connected to the stop box and laid into the building,
but the property owner does not wish to connect immediately to the building
piping for use, the minimum rates shall be charged as provided in Subpart A
above.
F. In the event the water customer elects to discontinue use of municipal water the
minimum charge shall continue until such date as the service pipe is excavated
and disconnected at the stop box. The disconnection shall be inspected by an
appropriate City official before backfilling occurs.
G. In addition to the above charges for water consumption, each water user within
the City shall pay an additional quarterly demand charge for the purpose of
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
covering certain fixed costs of the City in maintaining the municipal water
system, which charges shall be as established in resolutions adopted from time
to time by the City Council.
H The owner(s) of an�premises shall be solel�responsible for the payment of anv
water or sewer usa�;e or service char�e whether or not the water or sewer,
usa�e or service have been used by the owner(s) or tenants.
Subd. 3 Payment of Charges.
A. Statements for total water charges for the preceding quarterly period shall be
mailed by the City Administrator to each propertv owner ^���� on or before
the tenth day of the month following the rolling billing area.
B. Such statements shall be due on the last day of the month following the
quarterly period covered by the statement. Any prepayment or overpayment of
charges may be retained by the City and applied to subsequent quarterly
statements.
Subd. 4 Delinquency Penalties and Collection of Delinquent Charges.
A. A delinquency penalty of eight (8%) percent of the unpaid water bill for
charges shall be charged, effective thirty (30) days after the rolling billing
quarter, in accordance with the following schedule of billing dates:
District 1
For the first quarter Apri130
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
District 2 District 3
May 31 June 30
August 31 Sept 30
November 30 December 31
February 28 March 31
If the delinquency date falls on a nonbusiness day for the City Hall, the
penalties shall be imposed on the next business day, but first crediting
payments received on that day.
B. Except as otherwise provided in this section, the delinquency penalty shall be
imposed upon and added to all unpaid water bills by the City Administrator
and mailed in the usual course at the next regular billing date, showing in the
same bill the current billing after the first penalty date.
C. The Council has noted that, under Subd. 3, section bills are due at the end of
the billing month, and accordingly the delinquency charge shall be imposed
consistent with the due date of a billing.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
D. Any amounts due for water charges in excess of 90 days past due, may be collected in
a civil action brought for that purpose in the name of the City; or the City Administrator, upon
direction by the Council, may certify to the county auditor the amount due, together with the
legal description of the premises served, and the City Administrator, in so certifying, shall add
to the amount as a separate item, in addition to the delinquency penalty hereinbefore provided,
an additional delinquency penalty of eight (8%) percent of the original unpaid amount,
inclusive of any previous delinquency penalty. The county auditor shall enter the amount as
part of the tax levied on the premises to be collected during the ensuing year. No additional
delinquency penalties shall be added to unpaid bills after certification to the county auditor as
provided in this subdivision. To avoid imposition of this additional delinquency penalty,
payment in full of the unpaid water bill and the original or previous delinquency penalty must
be received by the City Administrator no later Februar�28, May 31, Au u� and November
30.
„ • �
1000.21 Meters and Hydrants.
Subd. 1 Meter Required. No person shall use water from the water system or permit water to
be drawn from the system unless the water is metered by passing through a meter supplied or
approved by the City. This requirement shall not apply to water withdrawn by authorized City
employees acting on City business or to water withdrawn for use in fire-fighting. Unless
authorized by the City Administrator, no person shall connect, disconnect, take apart or in any
manner change or cause to be changed, or interfere with any such meter or the action thereof.
Subd. 2 Maintenance and Replacement of Meters. The City shall maintain and repair all
meters and, when rendered unserviceable through ordinary wear and tear, the City shall replace
them. However, where replacement, repair or adjustment of any meter is rendered necessary
by the act, neglect, including damage from freezing, hot water backup, or carelessness of the
owner or occupant of any premises, any expense caused the City thereby shall be charged
against and collected from the water consumer.
Subd. 3 Meter Accuracy Testin� D�Y��a;�R ��"��*��-�. A consumer may have his or her meter
tested for accuracy by making written request therefor and depositing the amount set out in the
fee schedule appendix to this code with the City Administrator at the time the request is made.
In the event the test shows an error of over five (5%) percent of the water allegedly consumed,
the deposit shall be refunded to the consumer and a correctly-registering meter shall be
installed, with the bill to be adjusted in accordance with the corrected reading. If there is no
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
error or the error is less than five (5%) percent, the deposit shall be retained by the City. Any
adjustment shall not extend for more than one billing period before the date of the request for
test. The deposit charges for meter testing shall be as established from time to time in a
resolution adopted by the Council.
Subd. 4 Right of Access. Authorized City employees shall have free access to premises
connected with the water system at reasonable hours of the day for the purpose of reading and
inspecting inspection and performing meter maintenance.
Subd. 5 Compound Meters. Where a potable water service line larger than two (2) inches is
installed or where flows are sufficiently large in the opinion of the City Administrator to
require a meter larger than two (2) inches, the occupant or owner of the subject premises shall
cause to be furnished and installed a compound meter consisting of dual integral measuring
elements for high and low flow rates. The type and manufacturer shall be as designated by the
City Administrator.
Subd. 6 Fire Protection System. Where a service line is installed to serve, in total or in part, a
private fire protection system, the owner or occupant of the premises shall cause to be
furnished and installed, on the line serving such purpose, a City approved check-type meter.
Subd. 7 Water Meter Setting. All water meters shall be installed in accordance with the
following rules:
A. The service pipe from the water main to the meter, when the pipe enters the
building, shall be brought through the floor or bottom course of concrete block
foundation at a depth in accordance with the provisions of Subsection 1000.10.
However, this may be waived by the City Administrator if strict compliance
with the provision would create a hardship in a particular situation.
B. The meter shall be located so that the bottom of the meter is from twelve (12)
inches to twenty-four (24) inches above the finished floor line. The meter shall
be set not less than six (6) inches nor more than twelve (12) inches measured
horizontally from the inside line of the basement wall, unless an alternate
method is approved by the City Administrator.
C. All meter installations shall have a lock wing meter ball valve on the street side
of the meter. In no case shall there be more than twelve (12) inches of pipe
exposed between the point of entrance through the basement floor and the
valve. A similar valve shall also be installed on the house side of the meter.
All fittings and pipe shall be red brass or bronze, except that pipe over two (2)
inches in diameter may be iron. The valves shall be brass one hundred
twenty-five (125) pounds standard, except valves larger than two (2) inches
may be iron body. There shall also be installed on the house side of the meter
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
gate valve a three-quarter inch side outlet tee and plug to provide for future
installation of a two (2) inch air chamber or shock absorber.
1000.22 Fire Hydrants.
Subd. 1 Use of Fire Hydrants. No person shall operate fire hydrants or interfere in any way
with the water system without first obtaining a permit to do so from the City Administrator,
with the exception of authorized City employees on City business or fire-fighting personnel.
Permits may be issued by the City Administrator in accordance with the following procedure:
A. A permit to use a fire hydrant shall be issued for each individual job or
contract, for a minimum of thirty (30) days and for any additional thirty (30)
day periods as the City Administrator shall determine. The permit shall state
the location of the hydrant and shall be for the use of that hydrant alone, except
as otherwise specified in the permit. A City supplied meter and valve shall be
used at all times while a hydrant is in use. Hydrants shall be left in the fall
upon position with the flow controlled by the meter valve.
B. The applicant for a permit shall make an advance cash deposit in the amount
established by Ordinance adopted by the Council. The purpose of the cash
deposit is to guarantee payment for water used and to cover any breakage or
damage to the hydrant or meter. Such deposit shall be refunded upon
expiration of the permit, after deduction for any applicable charges for water
consumption or damage.
C. The user shall pay a rental charge based both upon the time of use and the
gallons of water used. This rental charge shall be established by Ordinance
adopted by the CounciL
Subd. 2 Hydrant Rentals.
A. Owners of private properly on which fire hydrants are located shall pay an
annual standby charge, the amount of which shall be as established by
Ordinance adopted by the Council. This charge shall be a specified amount per
hydrant. In addition, if the City installs a hydrant on private property at the
request of the owner, the owner shall be charged the actual cost to the City of
materials and labor for the installation.
B. This charge shall not apply to a hydrant installed in the usual manner on
boulevards or street right-of-ways, but only to those installed on private
Pr�pe�3'•
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1000.23 Permits Required for Private Use of Water Towers. No person shall install any radio antenna
or aerial on, or in any way use, any municipal water tower for private use without first obtaining a
permit from the Council to do so.
Subd. 1 Terms of Permit. Any person desiring to obtain a permit to install a private radio
aerial on a water tower shall file an application with the City Administrator and have the
application approved by the City Engineer. If the permit is issued by the Council it shall only
be valid so long as the applicant pays to the City the fee as has been established by Ordinance
adopted by the Council. The original payment must be made at the time of application for the
permit.
Subd. 2 Canceling Permits. The Council may at any time cancel any such permit issued to any
person by returning to the holder of the permit the unused portion of the annual fee.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Section 1010 - Sewers*
1010.01 General Operation. The entire municipal sanitary sewer system shall be operated as a public
utility and convenience from which revenues will be derived, subj ect to the provisions of this section.
1010.02 Connections Required.
Subd. 1 Existing Buildings. Any building used for human habitation and located on property
adjacent to a sewer main, or in a platted block through which the system extends, shall be
connected to the municipal sanitaty sewer system within two (2) years from the date on which
a connection is available to the building.
Subd. 2 New Buildings. All buildings constructed after the adoption of this code within the
City on property adjacent to a sewer main or in a platted block through which the municipal
sanitary sewer system extends, shall be provided with a connection to the sewer system for the
disposal of all human wastes.
1010.03 Certain Connections Prohibited. No buildings located on property lying outside the limits of
the City shall be connected to that portion of the sanitary sewer system of the City discharging into the
Metropolitan Council of Environmental Services Division (MCES).
1010.04 Supervision of Connections. The plumbing inspector shall supervise all sewer connections
made to the municipal sanitary sewer system and excavation for the purpose of installing or repairing
the same.
1010.05 Permits. Any person desiring a connection to the municipal sanitary sewer system shall
apply to the City for a permit therefor. The application shall be submitted on blanks furnished by the
City Administrator and shall be accompanied by plans, speciiications and any other information as is
desired by the plumbing inspector, together with the required permit and inspection fee. All costs and
expenses incident to the installation and connections shall be borne by the owner, and he or she shall
indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the
installation of the sewer connection, including restoring streets and street surfaces. Permits for the
connections shall be issued only to a plumber duly licensed by the State Board of Health or to anyone
not so licensed who owns and actually occupies as his or her residence the premises or that part of the
premises upon which the sewer connection work is to be performed.
1010.06 Tampering with System. No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a
part of the municipal sewer system.
"State law reference - Sewage and rubbish disposal, M.S. Ch. 443
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1010.07 Maintenance. Each property owner shall be responsible at all times for the maintenance of
his or her sewer connection to the municipal sanitary sewer system, and shall have the obligation to
keep the connection in good repair, to the end that there shall be no interference or obstruction to the
sewer system as a whole, nor shall there be any violation of this section, and the laws of the state. The
plumbing inspector shall be authorized to make the inspections of the sewer connections as he or she
may deem necessary to accomplish this purpose; and the property owner shall be responsible for
carrying out the instructions as the plumbing inspector deems necessary to accomplish this purpose.
1010.08 Types of Wastes Restricted or Prohibited. It shall be unlawful to discharge any wastes or
cause or allow any wastes to be discharged into the municipal sanitary sewer system of the City which
do not comply with the laws and regulations promulgated by the state or as set forth in this section.
Subd. 1 Grease, Oil and Sand. To ensure the proper discharge of waste containing excessive
amounts of grease, oil or sand, the City plumbing inspector may require that grease, oil and
sand traps or interceptors be provided, which traps or interceptors shall comply in all respects
with the requirements set forth in the Minnesota Plumbing Code. Traps or interceptors shall
not be required for private dwelling units which discharge only normal wastes. Such traps or
interceptors shall be maintained by the owner, at his or her expense, and shall be regularly
cleaned and maintained for adequate performance and efficient operation at all times. Any
subsequent alterations or additions to the traps or interceptors shall not be made without due
notice to and approval by the City plumbing inspector.
Subd. 2 Industrial Waste. With respect to the discharge or potential discharge of "industrial
waste," which for purposes of this section shall be defined as any solid, liquid or gaseous
waste, including cooling water, resulting from any industrial or manufacturing process or from
the development, recovery or processing of natural resources, the discharger or potential
discharger of the industrial waste shall be subject to the requirements and procedures of the
MCES or the disposal system of plans and specifications for any and all facilities to be used in
discharging the industrial waste, including meters and sampling facilities (if required), prior to
construction and installation of the facilities. The City Engineer sha11 have first approved the
metering equipment to be or being used prior to the submission of the plans to the MCES for
approvaL
Subd. 3 Drainage Water. It shall be unlawful for any person to discharge or cause to be
discharged into the municipal sanitary sewer system of the City, either directly or indirectly,
any roof, storm, surface or groundwater of any type or kind.
Subd. 4 Objectional Material. It shall be unlawful for any person to discharge or cause to be
discharged, or for any property owner to allow the discharge of, any objectionable material,
including, but not limited to, cloth, rags or similar materials, into the Municipal Sanitary
Sewer System. In those cases where it can be determined that the objectionable materials are
being discharged into the Municipal Sanitary Sewer System from a private sanitary sewer line,
the City's Plumbing Inspector shall notify the property owner to either discontinue or cause to
be discontinued the practice of discharging objectionable materials into the Municipal Sanitary
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Sewer System or, in the alternative, at the property owner's sole expense and cost, the property
owner shall install and maintain traps, grinders, and/or interceptors within that portion of the
private sanitary sewer line which connects to the Municipal Sanitary Sewer System. The
notice shall be sent by certified maiL If the property owner fails to discontinue or cause to be
discontinued the practice of discharging objectionable materials into the Municipal Sanitary
Sewer System or fails to install and maintain traps, grinders and/or interceptors, the City may
assess the costs incurred by the City for excessive maintenance or repairs to the Municipal
Sanitary Sewer System, and may pursue other legal or equitable remedies against the property
owner.
1010.09 Accidental Discharges. Section 5-15 of Article V of the Sewage and Waste Control Rules
and Regulations for the Metropolitan Disposal System, is incorporated and adopted herein by
reference and shall be applicable to any and all accidental discharges of prohibited waste into the
sanitary sewer system of the City which either directly or indirectly eventuates in such prohibited
waste flowing into the metropolitan disposal system.
1010.10 Construction Requirements.
Subd. 1 General. Those provisions of the state plumbing code, as contained in the building
code of the City, which apply to the construction, alignment, grades, j oints and connections of
sewers and materials used therewith are hereby adopted by reference and made a part of this
code as if set out here in full.
Subd. 2 Use of Old House Sewers. Old house sewers or portions thereof may be approved for
use by the plumbing inspector. The plumbing inspector may request that the old sewer be
excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be
connected to any sewer connections. If any portion of a house sewer is laid across or over any
existing cesspool or septic tank, the cesspool or septic tank shall first be pumped clean and
filled with earth to the surrounding ground level. Where a connecting sewer is laid across or
over any existing cesspool or septic tank, only extra heavy cast iron soil pipe, conforming to
the A.S.T.M. Standard Speciiication A-74-42, shall be used for that portion of the connecting
sewer which is laid across or over the existing cesspool or septic tank.
Subd. 3 Connections at "Y" Only. Every connecting sewer shall be connected to the
municipal sewer system at the "Y" or sewer connection stubs designated for the property
served by the connection, except where otherwise expressly authorized in writing by the
plumbing inspector. Connections authorized by the plumbing inspector shall be made only
under his or her direct supervision and in the manner as he or she may direct.
Subd. 4 Tunneling. Tunneling for distances of not more than six (6) feet shall be permissible
in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall
be at least one size larger than the pipe to be laid.
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City of Arden Hills Chapter 10 Utilities
Subd. 5 Independent Systems.
A. The drainage and plumbing system of each new building and of new work
installed in an existing building shall be separate from and independent of that
of any other building except as provided for in Subparts B and C of this
subsection.
B. Where one building stands to the rear of another building on an interior lot and
no private sewer is available or can be constructed to the rear building through
an adjoining alley, court, yard or driveway, the building drain from the front
building may be extended to the rear building and the whole shall be
considered as one building drain. Where such a building drain is extended, a
clean-out shall be provided immediately inside the rear wall of the front
building.
C. Where adjoining property owners desire to construct a common sewer
connection to service both properties, the owners may make written application
to the Council for permission to construct the joint service connection. The
Council may grant such a permit if it determines that the construction of the
j oint connection is reasonable and warranted under the existing conditions, and
if independent connections were to be constructed, the minimum length of each
connection would be at least one hundred (100) feet from the property line
abutting the municipal sewer.
Subd. 6 Repair of Public Right-Of-Way. No connection to the municipal sanitary sewer
system shall be finally approved until a11 streets, pavements, curbs and boulevards or other
public improvements thereon have been restored to their former condition to the satisfaction of
the plumbing inspector.
Subd. 7 Restrictions on Installation of Sump Pump System; Necessity of Obtaining Permit.
Any person installing a subsurface drainage system in connection with the construction of a
building shall include as part of the system a sump pump which has a permanent discharge
connection to the exterior of the building. Any person installing a sump pump system in an
existing building shall also provide the system with a permanent discharge connection to the
exterior of the building. No person shall install a subsurface drainage system in connection
with new construction or the modification of an existing building without having first obtained
a permit to do so from the City and may not connect it to the sanitary sewer system.
(Add 4/2�/09) Subd. 8 Prohibited Connections of Surface Water and Ground Water Discharge Facilities
to the City's Sanitary Sewer System.
A. No person, owner, lessee or occupant of any parcel of land, building, or
premises shall discharge, or permit to be discharged, directly or indirectly,
into the sanitary sewer system any surface water or groundwater including
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
water from roofs, yards, lawns, streets, alleys, groundwater sump pumps,
footing tile, or other natural precipitation.
B. A sump pump discharge system shall not be connected directly or indirectly
to the City's sanitary sewer system. A sump pump shall have a permanently
installed discharge line, which provides for year-round discharge to either
the outside of a building or structure, or is connected to the City storm
sewer.
The system shall consist of a discharge line without valving or quick
connections or flexible sections, which allows the redirection of the sump
pump discharge into the sanitary sewer system. If connected to a City storm
sewer, the system shall include a check valve and an air gap.
Subd. 9 Inspection
Every person, owner, lessee or occupant of any parcel of land, building or premises that
discharges into the City's sanitary sewer system shall allow an employee of the city or a
designated representative of the City to inspect the building or premises to confirm that the
building or premises conforms to the requirements of Subdivision 8 of this section.
In lieu of the City inspection, the owner, lessee or occupant may furnish a certificate from a
City registered State licensed plumber certifying that the building or premises are in
compliance with the requirements of Subdivision 8. The City may periodically re-inspect
any building or premises to determine continued compliance with the requirements of
Subdivision 8.
Subd. 10 Removal of Prohibited Connections; Surcharge ; City Reimbursement
Any person, owner, lessee or occupant, and any plumber or building contractor who has
presently made or permitted to be made, or shall make or permit to be made, any
connection or installation in violation of subdivision 8, shall immediately remove such
connection or correct such an installation. The City will reimburse 50% of the cost of
removing or correcting an illegal connection to bring the property into compliance, to a
lifetime maximum of $300.00.
If not removed or corrected within sixty calendar days after notice of the violation has been
delivered personally or by certified mail to such person, owner, lessee or occupant, the City
shall impose a surcharge in the amount directed by the City Council. Such a surcharge
shall also be imposed upon any property owner, lessee, or occupant who, within sixty days
of receiving notice of the need for an inspection, fails to make or keep a scheduled
appointment for the inspection of their property, has not allowed their property to be
inspected, or fails to provide the certificate from a City registered State licensed plumber as
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
required by Subdivision 9.
The owner, lessee, occupant of a building or premises found to be not in conformance as
required in Subdivision 8 during periodic re-inspections shall be subjected to a surcharge
as provided in Subdivision 10, for all months between the two most recent inspections or a
maximum charge not to exceed twelve (12) monthly surcharges.
Subd. 11 Surcharge Fee.
Surcharges for buildings or premises that are not in conformance with Subdivision 8 will
be determined by the City Council.
1010.11 Rates and Charges.
Subd. 1 Established.
A. Rates and charges to be imposed on the various categories of structures
connected to the municipal sanitary sewer system shall be established by
Ordinance adopted by the Council. In establishing the rates and charges, the
Council shall employ any one or a combination of the methods and bases set
forth in M.S. § 444.075 (3), as now constituted and as hereafter amended.
B. Charges for mobile homes and apartments shall be billed to the owner or
management of the mobile home court, park or apartment building in which the
same are respectively located. Charges will be based on the number of units.
C. Certain premises, because of their discharge of industrial sewage wastes or
voluminous or strong sewage wastes, may be subject to supplementary charges
imposed by governmental agencies or subdivisions other than the City. In such
event, the City may impose, as established by Ordinance and adopted by the
Council, a supplementary charge based generally upon and at least equal to the
amount of the supplemental charge imposed by the other governmental agency
or subdivision.
D. All owners of properties other than single-family dwellings, duplexes or two-
family dwellings, mobile homes or trailers and apartments which are not
connected to the municipal water system and are not excepted, shall install a
meter on their water supply as part of any building program on the premises,
and in any event within ten (10) days after receipt of written notice to do so
from the City Administrator. Such meter shall be designed in such manner as
to accurately measure water consumption, shall be of a type approved by the
director of public works, shall be maintained in good operating condition
without expense to the City, and access thereto shall be given to employees of
the City at all reasonable times for the purpose of testing or making readings.
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City of Arden Hills Chapter 10 Utilities
E. If the director of public works determines that a portion of the water measured
by the water meter does not and cannot enter the municipal sanitary sewer
system, then the City may permit or require the installation of other additional
meters in such a manner that the quantity of water which actually could enter
the sewer system may be determined.
F. The owner of the property shall supply the City, upon request, with such
information as the City may reasonably require related to the use of a private
water system.
G. The owner(s) of an�premises shall be solel.y responsible for the payment of
any sewer usa�e or service char�e whether or not the sewer, usage or service
has been used by the owner(s) or by tenants.
Subd. 2 Payment. Statements for total sewer charges for the preceding quarterly period shall
be mailed to each customer on or before the tenth day of the month following the rolling
billing quarter. The balances shown due shall be due and payable at the office of the City
Administrator on or before the last day of the month. Prepayments or overpayments of charges
may be retained by the City and applied to subsequent quarterly statements. The City
Administrator by direction of the Council, may designate another office to mail notices and
receive payments under this subsection.
Subd.3 Delinquencies.
A. A delinquency penalty of eight (8%) percent of the unpaid sanitary sewer bill for
charges effective on the date stated shall be charged, in accordance with the
following schedule of billing for specific districts:
District 1
For the first quarter Apri130
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
District 2 District 3
May 31 June 30
August 31 September 30
November 30 December 31
February 28 March 31
If the delinquency date falls on a nonbusiness day for the City Hall, the
penalties shall be imposed on the next business day, but first crediting
payments received on that day.
B. Except as provided in Subd. 4 below, the delinquency penalty shall be imposed
upon and added to all unpaid sanitary sewer bills by the City Administrator and
mailed in the usual course at the next regular billing date, showing in the same
bill the current billing.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
C. Seven bills are due at the end of the billing month, and accordingly the
delinquency charge hereunder will be imposed more than a month after the due
date of a billing.
Subd. 4 Collection. Any amounts due for sanitary sewer charges in excess of 90 da�past
due may be collected in a civil action brought for that purpose in the name of the City; or the
City Administrator, upon direction by the Council, may certify to the county auditor the
amount due, together with the legal description of the premises served, and the City
Administrator in so certifying, shall add to the amount as a separate item, in addition to the
delinquency penalty an additional delinquency penalty of eight (8%) percent of the original
unpaid amount, inclusive of any previous delinquency penalty. The county auditor shall enter
the amount as part of the tax levied on the premises to be collected during the ensuing year.
No additional delinquency penalties shall be added to unpaid bills after certification to the
county auditor. To avoid imposition of this additional delinquency penalty, payment in full of
the unpaid sanitary sewer bill and the original or previous delinquency penalty must be
received by the City Administrator no later than February 28, May 31, Au us�l and
November 30.
.. . .
1010.12 Sewer Availability.
Subd. 1 Recitals. The metropolitan sewer board has determined to reserve unused capacity in
the metropolitan disposal system each year for local government units in which new buildings
are to be connected to the system and new connections to the system are commenced during
the year, and to allocate the debt service costs of the unused capacity for the year among the
local government units. In order for the local government units to pay such costs allocated to
them each year, it is necessary to establish appropriate sewer service availability and
connection charges.
Subd. 2 Establishment of Charges.
A. For the purpose of paying costs of reserve capacity allocated to this City each
year by the metropolitan sewer board, there is hereby established by Ordinance
adopted by the Council, a charge for:
The availability of treatment works and interceptors comprising the
metropolitan disposal system; and
2. Connections, direct and indirect, to the metropolitan disposal system.
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City of Arden Hills Chapter 10 Utilities
B. The charge shall be collected on the basis of building permits issued on the
following basis:
1. The charge shall be payable on the issuance of each building permit for
new construction issued.
2. A charge shall be payable on the issuance of a building permit for
alterations or additions to existing buildings if the alteration or addition
will require additional reserve capacity, and the service availability
charge (SAC) unit shall be determined on the same basis as for new
buildings.
C. The charge for each building shall be the product of the number of units of
sewage volume which it will discharge and the dollar figure established by
Ordinance adopted by the Council for the year in which the building permit is
issued. A unit of sewage volume shall be one hundred thousand (100,000)
gallons per year and shall be assigned as follows:
Single-family houses, townhouses and duplex units shall each comprise
one unit.
2. Condominiums and apartments shall each comprise eighty (80%)
percent of a unit.
3. Mobile homes shall each comprise eighty (80%) percent of a unit.
4. Other buildings and structures shall be assigned one unit for each one
hundred thousand (100,000) gallons of flow or part thereof which it is
estimated they will discharge.
5. Public housing units and housing units subsidized under any federal
program for low and moderate income housing shall be counted as
seventy-five (75%) percent of the unit equivalent for that type of
housing.
Subd. 3 Administration. The City Administrator shall prepare or revise building permit or
sewage connection permit application forms to provide information necessary for the
computation of the number of SAC units assignable to the building or structure in question,
and shall collect the applicable charge before issuance of a pertnit. The City Administrator
shall make such information available to the MCES upon request. If upon filing a report
covering the permit with the metropolitan MC�S. They may determine that a greater number
of units is assignable to the building or structure in question, any additional amount of cost
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
allocated to the City as a result shall be paid by the person or company to whom the permit
was granted.
1010.13 Underground Installation of Distribution Lines.
Subd. l. The purpose of this section is to promote the health, safety and general welfare of the
public and is intended to foster:
A. Safe travel over the right-of-way;
B. Non-travel related safety around homes and buildings where overhead feeds
are connected; and
C. Orderly development in the city. Location and relocation, installation and
reinstallation of facilities in the right-of-way must be made in accordance with
this section.
Subd. 2. The terms used in this section have the meanings given them.
A. The word "Commission" shall mean the Minnesota Public Utilities
Commission.
B. The word "Facility" shall mean tangible asset in the public right-of-way
required to provide utility service. The term does not include facilities to the
extent the location and relocation of such facilities are preempted by M.S.
§ 161.45, as amended from time to time, governing utility facility placement in
state trunk highways. Facility does not mean electric transmission lines, as
distinguished from electric distribution lines.
C. The words "Public Right-of-Way" has the meaning given it in M.S. § 237.162
(3), as amended from time to time.
D. The words "Right-of-Way User" means:
1. A telecommunications right-of-way user as defined by M.S. § 237.162
(4), as amended from time to time; or
2. A person owning or controlling a facility, in the right-of-way, that is
used or intended to be used for providing utility service, and who has a
right under law, franchise or ordinance to use the public right-of-way:
E. The words "Utility Service" means and includes:
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1. Service provided by a public utility, as defined in M.S. § 216B.02 (4)
and (6), as amended from time to time;
2. Services of a telecommunications right-of-way user, including the
transporting of voice or data information;
3. Services provided by a cable communications system, as defined in
M.S. § 238.02 (3), as amended from time to time;
4. Natural gas or electric energy or telecommunications services provided
by a local government unit;
5. Services provided by a cooperative electric association organized under
M.S. Ch. 308A, as amended from time to time; and
6. Water, sewer, steam, cooling or heating services.
Subd. 3 Undergrounding. Unless otherwise agreed in a franchise between the applicable
right-of-way user and the City, facilities in the right-of-way must be located or relocated and
maintained underground.
Subd. 4 Undergrounding of New Facilities. A new facility or a permanent extension of
facilities must be installed and maintained underground when supplied to:
A. A new installation of buildings, signs, streetlights or other structures;
B. A new subdivision of land; or
C. A new development or industrial park containing new commercial or industrial
buildings.
Subd. 5 Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities.
A permanent replacement, relocation or reconstruction of a facility of more than 300 feet must
be located, and maintained underground, with due regard for seasonal working conditions. For
purposes of this section, reconstruction means any substantial repair of or any improvement to
existing facilities. Undergrounding is required whether a replacement, relocation or
reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the
city in connection with:
A. The present or future use by the city or other local government unit of the right-
of-way for a public project;
B. The public health or safety; or
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
C. The safety and convenience of travel over the right-of-way.
Subd. 6 Retirement of Overhead Facilities. The City Council may determine whether it is in
the public interest that all facilities within the City, or within certain districts designated by the
City, be permanently placed and maintained underground by a date certain or target date,
independently of undergrounding required pursuant to this code. The decision to undergraund
must be preceded by a public hearing, after published notice and written notice to the utilities
affected. (Two weeks published: 30 days written.) At the hearing, the Council must consider
items and make findings. Undergrounding may not take place until City Council has, after
hearing and notice, adopted a plan.
Subd. 7 Public Hearings. A hearing must be open to the public and may be continued from
time to time. At each hearing any person interested must be given an opportunity to be heard.
The subj ect of the public hearings shall be the issue of whether facilities in the right-of-way in
the City, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required.
Subd. 8 Public Hearing Issues.
A. The issues to be addressed at public hearings include, but are not limited to:
The costs and benefits to the public of requiring the undergrounding of
all facilities in the right-of-way;
2. The feasibility and cost of undergrounding all facilities by a date
certain as determined by the City and the affected utilities;
3. The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the
utilities from ratepayers within the city.
4. Alternative financing options available if the City deems it in the
public interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost borne by the ratepayers.
B. Upon completion of the hearing or hearings, the Council must make written
findings on whether it is in the public interest to establish a plan under which
all facilities will be underground.
Subd. 9 Undergrounding Plan. If the Council finds that it is in the public interest to
underground all or substantially all facilities, the Council must establish a plan for such
undergrounding. The plan for undergrounding must include at least the following elements:
A. Timetable for the undergrounding;
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
B. Designation of districts for the undergrounding unless, undergrounding plan is
citywide;
C. Exceptions to the undergrounding requirement and procedure for establishing
such exceptions;
D. Procedures for the undergrounding process, including but not limited to
coordination with ciiy projects and provisions to ensure compliance with non-
discrimination requirements under the law;
E. A financing plan for funding of the incremental costs if the city determines that
it will finance some of the costs, and a determination and verification of the
claimed additional costs to underground incurred by the utility; and
F. Penalties or other remedies for failure to comply with the undergrounding.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
1010.14 Surface Water Management Utility.
Subd. 1 General Operation. The municipal surface storm water runoff system shall be
operated as a public utility, hereinafter called the "surface water management utility," pursuant
to M. S. § 444.075, as amended from time to time, fxom which revenues will be derived subj ect
to the provisions of this chapter and Minnesota Statutes.
Subd. 2 Definitions.
A. The words "Quarterly Surface Water Management Budget" shall mean the
estimated quarterly expenditures for planning and inventories, capital
expenditures; personnel and equipment and operation of the surface water
utility, in accordance with established City policy. This budget shall be
established from time to time by City Council resolution.
B. The words "Surface Water Management Fee" shall mean the quarterly charge
developed for each parcel of land pursuant to City regulations and zoning
classifications and shall be established by Ordinance adopted by the Council.
C. The words "Utiliiy Factor" shall mean the ratio of runoff volume, in inches, for
a particular land use, to the runoff volume, in inches, for a 1/3 -acre residential
lot, assuming a two-inch rainfall and soil conservation service, or (SCS), "Type
B" soil conditions.
Subd. 3 Establishment of Fees. Surface water management fees shall be established by
Ordinance adopted by the Council. The following steps shall be taken to determine the
quarterly fee to be charged to each property:
A. A calculation shall be made of the total area, in acres, of all zoned properiy
within the City.
B. A determination shall be made whether each individual property within these
zoning classifications is developed or undeveloped.
C. The total number of developed acres of property within these zoning
classifications shall be calculated.
D. The total acreage of developed property zoned as R-1, single family residential,
shall be divided by the total acreage calculated in Step C. This yields the
percentage of total developed property that is zoned R-1.
E. The City Council shall establish, by resolution, the quarterly budget for the
revenue to be generated.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
F. The portion of the quarterly budget to be charged against properties zoned R-1
shall be calculated by multiplying the percentage found in Step D. by the budge
amount in Step E.
G. The rate per acre for property zoned R-1 shall be calculated by dividing the
revenue for R-1 properties in Step F, by the total acreage of developed
properties found in Step C. This rate shall be the basis for all rates charged to
any other zoned properties within the City.
H. The volume of storm water runoff shall be calculated for all properties zoned
R-1, R-2, R-3, R-4, I-1, I-2, B-1 and B-2. The methods used for these
calculations shall follow the U. S. Department of Agriculture Soil Conservation
Service guideline for soil types common to Arden Hills. A curve number shall
be chosen for each zoning classification, which shall be an approximate
measure of the percentage of impervious surface on the property. The volume
of runoff for each zoning classification shall be calculated using the following
equation.
Q=(p_0•25�5
P + 0.85
Where Q = runoff, cfs
S = (1000/cn) - 10, dimensionless
P = 2, inches
I. The runoff value calculated in Step H for R-1 properties shall be considered the
base rate. The runoff value for each of the other zoning classifications shall
then be divided by the base rate to yield a utility factor for each zoning
classification. This utility factor shall be a measure of the additional runoff
created from the property as compared to a single family lot. The utility factors
for each zoning classification shall be listed in the following subdivision.
J. The rate per acre for all zoning classifications, except R-1, shall be calculated
by multiplying the utility factor found in step I by the base rate determined in
Step G.
K. The owner�s) of an�premise(s) shall be solel�responsible for the pavment of
any storm water runoff char�e calculated for a propert�
Subd. 4 Factors for Determining Fees for Various Land Uses. The utility factors for various
land uses used to determine the surface water management fees are assigned as follows:
Districts Land Use Utili . Factor
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
R-1 Single-Family Residential (1\3 acre lots)
R-2 Single and Two-Family Residential; (1/4 acre lots) 1.31
R-3 Townhouse and Low Density Multiple Dwellings
R-4 Multiple Dwelling
I-1, I-2 Limited and General Industrial
B-1, B-2 Limited and General Business
1.00
2.72
2.72
4.25
4.25
Subd. 5 Adjustment oFFees. The City Council may adopt an Ordinance for the adjustment of
the surface water management fees. Information to justify a fee adjustment shall be supplied
by the property owner. Surface water management fees shall be adjusted under the following
conditions:
A. The estimated expenditures for the management of surface water shall be
revised at a frequency specified in this code. The fees shall be adjusted
accordingly and will follow established City procedures for this adjustment of
utility (water and sewer) rates.
B. Changes in developed conditions of parcels.
C. If it can be demonstrated that an individual parcel retains all or a portion of the
rainfall that it receives, the surface water management fee shall be reduced by a
percentage equal to that percent of the parcel which produces no external
runoff. A fee reduction of 20 percent or greater must be demonstrated.
Subd. 6 Undeveloped Land. Undeveloped properties, without regard to zoning classification,
shall be assessed at one-half the rate, charged to developed property zoned as R-1.
Subd. 7 Exemptions. The following land uses shall be exempt from the surface water
management fee:
A. Public Rights-of-Way;
B. Lakes; and
C. Parks.
Subd. 8 Mailing Statements of Charges. Statements for the preceding quarterly surface water
management service shall be mailed to each customer pursuant to the same procedures as
listed under Subsection 1010.11.
Subd. 9 Fee Appeal. If a property owner or person responsible for paying the surface water
management fee believes that a particular assigned fee is incorrect, such a person may request
that the fee be recomputed. Appeals shall be heard by the Council once a year in accordance
with the schedule established for credit applications, in established City policy.
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Adopted December 17, 2001
City of Arden Hills Chapter 10 Utilities
Subd.10 Penalties for Delinquent Payments of Fees. A penalty equal to eight percent (8%) of
the amount due shall be added to accounts not paid in full on or before the first day of the
second month following the billing periods and to each quarterly billing thereafter until the
amount of the delinquent account plus accrued penalty is paid in full or otherwise certified to
the county auditor as a delinquent account.
Subd. l l Collection Any amounts due for surface water mana�ement charges in excess of 90
da��past due ma�be collected in a civil action brought for that putpose in the name of the
City• or the City Administrator upon direction bv the Council ma�rtify to the county
auditor the amount due to�ether with the le�al description of the premises served, and the Citv
Administrator in so certifyin� shall add to the amount as a separate item, in addition to the
delinquency penaltv an additional delinquenc�penaltv of eigh�8%�percent of the ori i�nal
unpaid amount inclusive of an�previous delinquenc�penalty The countv auditor shall enter
the amount as part of the tax levied on the�remises to be collected durin� the ensuin�Year•
No additional delinquencv penalties shall be added to unpaid bills after certification to the
countv auditor To avoid imposition of this additional delinquencv penalt�pavment in full of
the unpaid sanitary sewer bill and the ori�inal or �revious delinquenc�penalty must be
received by the City Administrator no later than February 28, Mav 31, August 31 and
n� i r�•� , n �� �., r�•,�,
November 30. e�t�e�re�-Be�i�e��eea��ac����
. , . . . . . .. . . n � � , r . . _.. _ _ _._- __� __--____ '7'_"�_
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10 - 31
Adopted December 17, 2001