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Title 8: Utilities

Chapter 8-1  Utilities, General
Chapter 8-2  Plumbing Code
Chapter 8-3  Sewers
Chapter 8-4  Water
Chapter 8-5  Electricity

Chapter 8-1  Utilities, General

8-1-1   Customer Defined.  Any location supplied with utility service from the city which is one of the following:

A.   Residential Customer. One who lives in at least seventy-five (75%) percent of the location where utility service is provided or provides long term living space for others (apartment houses).

B.   General Service Consumer.  Any customer who is not a residential customer, such as operation of a business, place of worship, storage structure, etc.

C.   Electric Demand Consumer. Any General Service Customer supplied by electrical power from the city electrical system who uses over six thousand (6,000) kilowatt hours in a given monthly billing period or has at least a twenty (20) kilowatt demand reading for any fifteen (15) minute interval in a given monthly billing period.  (Upon conversion from General Service consumer to Electric Demand Consumer, the Electric Demand Consumer will remain on the demand rate for at least one (1) year.)

8-1-2   Application.  Any consumer desiring any utility service furnished by the city, including water, sewer, or electricity, shall make application for the same to the city council.  Such application shall contain the applicant's name, address, and the uses for which such service is desired.  A separate application shall be made for each premises to be served.  The applicant shall abide by the rules and regulations established by the city relative to utility service in effect at the time of such application and as revised from time to time in addition to conditions and agreements as the city council shall deem advisable.

8-1-3   Deposit.  Any applicant for City utility service shall make a cash deposit in an amount set by the city council.  The deposit is also an indemnity against theft, misplacement, or injury to city equipment.  The deposit shall be returned when the consumer shall give due notice of discontinuing utility service and is free from indebtedness to the city.

8-1-4   Rates.  Rates for the use of utilities furnished by the city shall be established by resolution by the Groton City Council.

8-1-5   Consumer's Bills.  Utility bills become due and payable upon receipt.  If not paid by the twentieth (20th) of the month, they become delinquent.  If the bill remains unpaid on the twentieth (20th) day of the month in which it becomes due, the consumer is notified by mail that if the account is not paid in full ten (10) days from the date of notice, disconnection of service will be effected without further notice, unless the consumer requests a hearing before the city council to answer as to why the bill has not been paid.  The city council may at its discretion enter into agreements with consumers as to mutually satisfactory payment plans for delinquent bills.  Should no payment plan be reached or the delinquent consumer fails to show cause why service should not be terminated, the city council shall order that the service be terminated without further notice to the consumer.  Termination of service may be accomplished at any time, day, or month of the year for cause as determined by the city council.

8-1-6   Budget Payment Plan.  Residential and general service consumers may participate in the Budget Payment Plan under the conditions and terms outlined below for the paying of utility bills.  Once a residential or general service consumer has twelve months of continuous city utility usage history, he, she or it may elect to participate in this Budget Payment Plan.  The residential or general service consumer must execute a written agreement at the city finance office in order to participate.  The residential or general service consumer must be current with their past utility bills with the city and have not discontinued a previous Budget Payment Plan with the city within the last twelve months.  The city finance officer, when application is made, shall calculate the monthly Budget Payment Plan amount by dividing the cumulative total of the last twelve months of utility billings for the residential or general service consumer by 12.  The city finance officer shall review each residential or general service consumer account at six month intervals from the election to participate in the plan and make any adjustments necessary by either increasing the average monthly payment in the case of a debit balance or decreasing the monthly balance in case of a credit balance.  On the anniversary date of the election to participate in the plan, a residential or general service consumer at their option may choose to have an actual account credit balance refunded to them in cash or apply the credit against the next annual Budget Payment Plan or in the case of a debit balance due on that account, the residential or general service consumer shall pay the debit balance in full before being allowed to participate in the Budget Payment Plan for the following year.  Each monthly payment under the Budget Payment Plan must be paid by the 10th of the month when due in order to avoid a penalty on the previous month's charges.  Each residential or general service consumer must participate in the Budget Payment Plan for one full year at a time and may not terminate the plan within that year unless that residential or general service consumer is discontinuing utility service in which case the residential or general service consumer must balance his account with the city finance officer either by seeking a credit balance refund or paying the full amount of the debit balance on that account.  All other provisions of Chapter 8-1 shall remain in full force and effect.

8-1-7   Restoration of Service.  All utilities disconnected for nonpayment must pay a reconnect fee as set by the city council plus payment in full of the account before any utilities will be reconnected.  Reconnections will be made only during business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday.  Utilities voluntarily disconnected shall also require a reconnect fee as set by the city council and on file in the office of the finance officer.

8-1-8   Owner, Lessee Liable.  The owner of property, which is serviced by municipal utilities from the city, shall, as well as the lessee or occupant of the property, be liable to the city for the utility bills set forth in 8-1-5, which may be recovered in an action against such owner, lessee or occupant or against any or all of them, jointly or severally.  The provisions contained in 8-1-5 and 8-1-7 shall equally apply to the owner of the property as they do to the consumer/lessee or occupant.

8-1-9   Tampering With City Equipment.  Should the city discover damage to its equipment or an attempt to tamper with such equipment or an attempt to falsify the amount of water, sewer, or electric current used, or the amount due the city for utility service, the city may serve notice upon the consumer of a hearing that is to be held where the consumer may show cause why service should not be discontinued.  This notice shall state the reason for the hearing and the time and place it is to be held.
Should the city council find that a violation of this section has occurred and that there is no justification for said violation, the city council may order immediate termination of service and service shall be reinstated only upon conditions established by the city council.

8-1-10 User Responsible for Operation and Maintenance of Water and Sewer Lines.  Each occupied residence must have a usable water and sewer service.  The City of Groton shall be responsible for the maintenance and proper operation of the water and sewer mains only. Any other water or sewer line, including the corporation valves attached to the mains, shall be the exclusive responsibility of the property owner.  All owners must, at their own expense, keep their service pipe, from the point of connection to the main, and all other equipment in good working order and properly protected from frost and other damage.  The water superintendent may determine if corporation valves, which are no longer working properly need, to be replaced.  Thirty (30) days after written notice from the water superintendent, if the shut-off valve has not been replaced, the water superintendent shall cause such repairs to be made and the cost of these repairs shall be assessed against the property.  In the event that a property owner must excavate to repair a line, it shall be his responsibility to fill in such excavation to the satisfaction of the city.  It shall be the responsibility of the city to replace the pavement displaced by such excavation at the cost of the property owner.

8-1-11 City Not Liable for Damage.  No claim shall be made against the city by reason of the breaking of any service pipe or equipment, or for any other damage that may result from shutting off water for repairing or any other purpose, or for any variation in pressure, or ram of water from mains, and no reduction will be made from regular rates because of leaking pipes or fixtures. The city shall not be liable for damage or injury to person or property whether caused by fire, interruption of service, downed lines, blackouts, brownouts, discontinuance of service, or other utility-related problems which shall arise from mechanical breakdowns, electricity supply reductions, and act of God, or other cause beyond the control of the city.

8-1-12 Bankruptcy of Consumer.  Notwithstanding any provision in Title 8 of this ordinance, the City of Groton may not alter, refuse, or disconnect service to, or discriminate against, the trustee or a debtor in bankruptcy solely on the basis that a debt is owed by the debtor to the city for service rendered before the bankruptcy petition is filed.  The City of Groton may disconnect service if neither the trustee or the debtor in bankruptcy, within twenty (20) days after the date of the bankruptcy petition is filed, furnishes adequate assurance of payment, in the form of a deposit or other security, for service after such date.  The amount of such deposit shall be determined by the city finance officer.  On request of a party in interest and after notice and a hearing, the court may order reasonable modification of the amount of the deposit or other security necessary to provide adequate assurance of payment.

8-1-13 Powers and Authority of Inspectors.  Superintendents and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties upon reasonable notice for the purposes of inspection, observation, measurement, sampling, and testing pertinent to utility service to the community system in accordance with the provisions of this title.

8-1-14   Utilities to Nonresidents.  The City may provide utilities and a delivery system to areas outside of the city limits to include both residential or general service use provided that the City complies with all state laws and regulations in doing so.  All nonresident users of the City’s utilities and delivery systems shall agree in writing to be bound by all of the above ordinance in Title 8-1.

8-1-15   Regulation the Installation of Utility Wires, Cables, Lines, Pipes, Conduits, and the Like. All utility wires cables, lines, pipes, conduits, and the like installed in the city shall be regulated pursuant to the national electric code or the national plumbing code adopted in the above ordinances but, at all times, the forgoing utilities shall be buried underground at a minimum level of 18 inches below the surface level unless approved to be placed on elevated posts.  Such installation shall first be approved by the city coordinator and information provided to the city coordinator that allows for the creation of or adding to a diagram, map, or plat of existing buried utilities on the City of Groton.  No person shall be allowed to remove the buried utilities approved by the City coordinator unless first approved by the city coordinator and appropriate changes made upon the diagrams, maps, or plats of the buried utilities on file at the city coordinator’s office in reference to buried utilities in the city.  Any installer of utilities or the property owner to which utilities are supplied shall make application to the city coordinator to gain a variance to these requirements which permission shall first be submitted in writing and obtained in writing from the city coordinator.  Any violation of this ordinance shall carry with it the assumption of all responsibility and risk for failure to meet the requirements hereof, i.e. damage to the utilities by third parties including the city officers, agents, and employees.

Chapter 8-2 Adoption of State & National Codes

8-2-1   Adoption of Plumbing Codes.  There is hereby adopted by the city council for the purpose of establishing rules and regulations governing plumbing as defined in this code including permits and penalties, the plumbing codes known as "The State Plumbing Code" as adopted by the South Dakota Plumbing Commission and "The National Plumbing Code" as adopted by the American Standards Association, being particularly the most recent editions thereof, and the whole thereof, excepting such portions as are hereinafter deleted, nullified, or amended, copies of which are on file in the office of the finance officer.  Each code is hereby adopted and incorporated as fully as if set out at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling pertaining to plumbing, as defined in this code, within the corporate limits of the City of Groton, but in the event provisions of the National Plumbing Code are in conflict with provisions of the State Plumbing Code, provisions of the State Plumbing Code shall prevail.

8-2-2   Adoption of National Electrical Code.  There is hereby adopted by the City of Groton for the purpose of establishing rules and regulations to govern the use of electricity for light, heat, power, radio, and for other purposes that certain electrical code known as the National Electrical Code, recommended by the National Board of Fire Protection Assoc., being particularly the most current edition thereof and the whole thereof, save and except such portions as are hereafter deleted, modified, or amended a copy of which is on file in the office of the city finance officer of the City of Groton and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the corporate limits of the City of Groton.

8-2-3   Enforcement.  The administration and enforcement of this ordinance shall be the duty of the city council who is hereby authorized to take such actions as may be reasonably necessary to enforce the purposes of the state and national codes.  Such persons may be appointed and authorized as assistants or agents of such administrative authority as may be necessary to carry out the provisions of the codes.

8-2-4   Repeal and Interpretation.  All ordinances or parts of ordinances in conflict with the provisions of the State Plumbing Code are hereby repealed, and in the event any ordinance or part of ordinance of the City of Groton is inconsistent in any manner with the provisions of said State Plumbing Code, then in that case the provisions of the State Plumbing Code shall govern.

Chapter 8-3  Sewers

8-3-1   Definitions.  Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

Biochemical Oxygen Demand.  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standards of laboratory procedures in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter.

Building Drain.  That part of the lowest horizontal piping of a drainage system which receives the discharge from the soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

Building Sewer.  The extension from the building drain to the public sewer or other place of disposal, also called house connection.

Combined Sewer.  A sewer intended to receive both wastewater and storm or surface water.
Easement.  An acquired legal right for the specific use of land owned by others.

Floatable Oil.  Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

Garbage.  The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

Industrial Wastes.  The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary waste.

May.  Whenever the word "may" appears, it is permissive.

Natural Outlet.  Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

Person.  Any individual, firm, company, association, society, corporation, or group.

pH.  The logarithm of the reciprocal of the hydrogenion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.  Neutral water, for example, has a pH value of 7 and a hydrogenion concentration of 10-7. 

Properly Shredded Garbage.  The wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch  (1.27 centimeters) in any dimension.

Public Sewer.  A common sewer controlled by a governmental agency or public utility.

Sanitary Sewer.  A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

Sewage.  The spent water of a community.  The preferred term is "wastewater."

Sewer.  A pipe or conduit that carries wastewater or drainage water.

Shall.  Whenever the word "shall" appears, it is mandatory.

Slug.  Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during the normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Storm Drain or Storm Sewer.  A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

Superintendent.  The superintendent of wastewater facilities, and/or superintendent of public works of the City of Groton, or his authorized deputy, agent, or representative.
Suspended Solids.  Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as     prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.

Unpolluted Water.  Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

Wastewater.  The spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

Wastewater Facilities.  The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and disposes of the effluent.

Wastewater Treatment Works.  An arrangement of devices and structures for treatment wastewater, industrial wastes, and sludge.  Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

Watercourse.  A natural or artificial channel for the passage of water either continuously or intermittently.

8-3-2   Use of Public Sewers Required. 
A.   It shall be unlawful for any person to place, deposit, or permit to be placed or deposited in any unsanitary manner on public or private property within the City of Groton, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

B.   It shall be unlawful to discharge to any natural outlet within the City of Groton, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C.   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

D.   The owner of a house or building, used for human occupancy, employment, or recreation, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within one hundred twenty (120) days after date of official notice to do so, provided that the public sewer is within two hundred (200) feet of the property line.

E.   The procedure for determining equitable sewer charges to be levied on all users which discharge wastewater to the city wastewater system is established by ordinance and kept on file in the office of the Finance Officer. 

8-3-3   Private Wastewater Disposal.
A.   Where a public sanitary sewer is not available under the provisions of section 8-3-2(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section (8-3-3.)

B.   Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the superintendent.  The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent.  A permit and inspection fee of twenty-five ($25) dollars shall be paid to the city at the time the application is filed.

C.   A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.  The superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within forty-eight (48) hours of the receipt of notice by the superintendent.

D.   The type, capacity, location, and layout of a private wastewater disposal system shall comply with all the recommendations of the department of public health of the State of South Dakota.  No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet (1 acre).  No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E.   At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 8-3-3(D), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

F.   The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.  The city may notify the owner upon receipt of a complaint and the owner must comply within forty-eight (48) hours.

G.   No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the health officer.

8-3-4   Sanitary Sewers, Building Sewers, and Connections.
A.   No unauthorized person shall uncover, make any connections with or open into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

B.   There shall be two (2) classes of building sewer permits:  (1) for residential and commercial service; and (2) for service to establishments producing industrial wastes.  In either case, the owner or his agent shall make application on a special form furnished by the city.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent.  A permit and inspection fee for a residential, commercial or industrial building sewer permit shall be paid to the city at the time the application is filed. The amount of the fee shall be set by resolution of the city council, which is on file at the finance office.

C.   All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D.   A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or 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 sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

E.   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.

F.   The size, slope, alignment, materials of construction of all sanitary sewers including  building sewers, and the methods to be use in excavating, placing of the pipe, jointing, and  backfilling the trench, shall all conform to the requirements of the building and plumbing code or applicable rules and regulations of the city and the State of South Dakota.  In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in the appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

G.   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H.   No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent and the South Dakota State Department of Health for purposes of disposal of polluted surface drainage.

I.   The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, and the State of South Dakota, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All such connections shall be made gastight and watertight and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

J.   The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer.  The connection and testing shall be made under the supervision of the superintendent or his representative.

K.   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

8-3-5   Use of Public Sewers.
A.   No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent and the South Dakota State Department of Health.

B.   Stormwater other than that exempted under section 8-3-5(A) and all other unpolluted drainage shall be discharged to such sewers as specifically designated as storm sewers, or to a natural outlet approved by the superintendent and the South Dakota Department of Health.  Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer or natural outlet.

C.   No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

1.   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2.   Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard or adverse effect on the waters receiving any discharge from the treatment works.

Each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the Groton treatment works shall pay for such increased costs.

3.  Solid or viscous substances in quantities or of such size capable of causing  obstruction to the flow in sewers, or other interference with the proper operation of the  wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

D.   The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, the sludge of any municipal system, or the wastewater treatment process or equipment, nor have an adverse effect on the receiving stream, nor otherwise endanger lives, limb, public property, or constitute a nuisance.  The superintendent may set limitations lower than the limitations established in the regulations below, if, in his opinion, such more severe limitations are necessary to meet the above objectives.  In forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors.  The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows:

1.   Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius).

2.   Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin.

3.   Wastewater from industrial plants containing floatable oils, fat, or grease.

4.   Any garbage that has not been properly shredded (see section 8-3-1, definitions).  Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

5.   Any waters or wastes containing iron, chromium, copper, zinc, and similar  objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials.

6.   Any waters or wastes containing odor- producing substances exceeding limits which may be established by the superintendent.

7.   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

8.   Quantities of flow, concentrations, or both which constitute "slug" as defined herein.

9.   Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

10.  Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

E.   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 8-3-5(D) of this chapter, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

1.   Reject the wastes;

2.   Require pretreatment to an acceptable condition for discharge to the public sewers;

3.   Require control over the quantities and rates of discharge and/or;

4.   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 8-3-5(K) of this chapter.  If the superintendent permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and the South Dakota State Department of Health.

F.   Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in section 8-3-5(E) (3), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the superintendent and the South Dakota State Plumbing Code, and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.

G.   Where pretreatment or flow-equalization facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

H.   When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent.  The structures shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

I.   The superintendent may require a user of sewer services to provide information needed to determine compliance with this chapter.  These requirements may include:

1.   Wastewater's discharge peak rate and volume over a specified time period.

2.   Chemical analyses of wastewaters.

3.   Information on raw materials, processes, and products affecting wastewater volume and quality.

4.   Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

5.   A plot plan of sewers on the user's property showing sewer and pretreatment facility location.

6.   Details of wastewater pretreatment facilities.

7.   Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

J.   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.  Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the superintendent.

K.   No statement contained in this section (8-3-5) shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.

8-3-6   Destruction of Property.  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 wastewater facilities.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

8-3-7   Powers and Authority of Inspectors
A.   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.

B.   The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.  The industry may withhold information considered confidential.  The industry must establish that the revelation to the public of the information in question might result in an advantage of competitors.

C.   While performing the necessary work on private properties referred to in section 8-3-7(A), the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by the city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 8-3-5(H).

D.   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

8-3-8   Penalties.
A.   Any person found to be violating any provision of this chapter except section 8-3-6 shall be served by the city with written notice stating the nature of the violation and providing notice to the offender to permanently cease all violations with ten (10) days.

B.   Any person who shall continue any violation beyond ten (10) days shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1).  Each day in which any such violation shall continue shall be deemed a separate offense.

C.   Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violations, including attorney fees incurred to enforce these provisions.

Chapter 8-4  Water

8-4-1   Permit.  Any person desiring water service from the city shall make application to the city finance officer and shall furnish a hookup fee in an amount set by the city council with that application as evidence that he or she will comply with all ordinances pertaining to such service.  Upon the filing of the application and the payment of the permit fee and deposit, a permit shall be issued authorizing the connection to be made at the place provided for therein.  No tap shall be made until a permit is issued therefore.

8-4-2   Authorization Required to Tap Mains.  No person shall be permitted to tap the distribution pipes or insert stop cocks or ferrules therein unless authorized by the water superintendent.  No plumber or any other person shall make any attachment to any old pipe or water fixture on premises from which water has been off unless the city has reissued a permit for the same.  Nor shall any plumber or other person make any alteration in any pipe or water fixture attached to the water works distributing pipes to conduct water into adjoining premises or into stables, baths, water closets, wash basins, cisterns, fountains, or for any other purpose whatever without application having first been made and written permit obtained.  The plumber shall close the stop cock at the sidewalk at the completion of any job of plumbing work and return his permit.

8-4-3   Lead-Free Pipes.  No person shall be permitted to connect to the city's water main, except existing connections, unless the consumer provides, at his own expense, copper pipe, fitting and joints from the city's water main to the consumer's curb stop if it is an existing structure to which the after service is provided.  If the consumer's existing water line connection needs to be repaired or replaced, and thus excavation conducted to expose the water line connection, then at that time, a lead-free pipe must be exposed or a copper pipe must be installed.  All new or existing dwellings, business structures or improvements shall meet the appropriate federal and state statutory requirements for lead-free pipes, fittings and joints in its water distribution system, otherwise the city will not provide water service to that new or existing dwelling, business structure or improvement.  The city assumes no liability for providing water service to consumers owning existing structures that may have lead pipes, fittings or joints, since all consumers in the city have been notified in writing of the potential for lead contamination in their water at their tap caused by their continued use of lead pipes, fittings and joints.

8-4-4   Plumber to Report.  All plumbers shall make full return of the ordinary and special uses to which water is designated to be supplied under any permit granted by the city with a description of all the apparatus and arrangements for using the water in every case.  The return is to be made by the plumber who obtained the permit, within forty-eight (48) hours after the completion of said work and filed with the finance officer.  The plumber's return shall also state the name of the street in which the pipe has been tapped and whether the service pipe enters on the north, south, east, or west side of the street, exact location of the stop cock and any other particulars that the case may call for.  For any misrepresentation or omission in the statement of work done or apparatus set, through which there may be water used, the license of plumber may be revoked if it appears to be willful.

8-4-5   Inspections.  The water superintendent or such person as he may direct shall be authorized to enter and have free access at all reasonable hours to premises to ascertain the location and condition of all hydrants, pipes, or other fixtures attached to the water works; and in case he finds water is wasted on account of negligence or for want of repairs and if such waste is not immediately remedied, the water leading to such premises shall be turned off.  It shall also be the duty of said officer in case he discovers any defect in a private pipe in the street to give notice in writing to be left at the premises, and if necessary repairs are not made within forty-eight (48) hours thereafter, the water shall be shut off and shall not be turned on again until the repairs have been made and a reconnection fee has been paid to the finance officer.

8-4-6   Meter Required.  All places supplied with water shall be metered by a meter of a type approved by the city council installed at the cost of the owner or user.  All meters shall be tested before installation.

8-4-7   Meter Sealed.  Upon the installation of meters, they shall be sealed both at register box and couplings, with a form of seal designated by the city council, and these seals must not be broken except upon its authority.  Any person violating this provision shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1).

8-4-8   Repair and Return of Meters.  The city will make all necessary repairs to meters and all repairs to the meters shall be made at the expense of the owner of the premises or user and may be charged against the rental account of such owner or user and become payable as water rent.

8-4-9   Replacing of Meters.  The water superintendent shall determine if water meters which are no longer working properly need to be replaced.  The city shall provide a new replacement meter and install said meter at the owner or user's expense.  Any additional repairs needed on the property owner's pipes or property to install such meter will also be at the expense of the property owner.  With a new replacement meter, the city shall install a dual check valve approved by the American Water and Wastewater Association at the property owner's expense. 
Any new or replacement encasement for underground meters must be of metal, concrete, or poly-vinylchoride (PVC) with an outside dial for guaranteed accessibility to city employees.
Fifteen (15) days after written notice from the water superintendent, if the meter has not been replaced, the water rates for the household or business shall be charged at $50 for that month and the water service to the property will be disconnected.

8-4-10 Meter Reading.  All meters shall be read by a person designated by the city council and at all times meters must be accessible to reading.  All meters will be read on or about the fifteenth (15) day of each month.

8-4-11 Testing Meters.  If the consumer doubts accuracy of any meter, he may have the meter tested by the city.  If the meter is more than three (3) percent fast, proper deductions will be made from the bill for the preceding period.  If the meter is more than three (3) percent slow, the proper amount will be added to the bill.  If after testing the meter is shown to be accurate, a minimum twenty dollar ($20) service charge will be paid by the property owner.

8-4-12 Water - Restrictions.  The city may limit or prohibit temporarily the use of water from the city distribution system for any purpose, except domestic purposes within the dwellings of consumers or in business establishments, during emergencies, in the event of plant breakdown, prolonged drought or shortage of water supply for any reason in order to maintain maximum fire protection efficiency.  The Mayor shall authorize the imposition of these restrictions. The city will attempt to notify affected utility customers if time permits of any such limitation.  Any person violating the terms of such prohibition or restriction after such notice shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1).  Water service to the premises involved may be discontinued entirely during emergency.

8-4-13 Penalty.  Any person violating any of the provisions of this chapter shall, in addition to the ordinary penalties prescribed for violation of this ordinance, be subject to having water service turned off to the premises of such consumer, and service shall not be restored until there has been full compliance of this chapter and the payment of such fees for restoring service as may be provided by this chapter.

Chapter 8-5    Electricity

8-5-1   Collection of Bills.  All electric meters shall be read monthly.  After the reading of the meters, the readings shall be delivered to the city finance officer, who shall compute and prepare consumer's bills, a copy of which shall be mailed to the consumer.  If the bill is not paid in full by the tenth (10th) of the month, a ten (10) percent penalty shall be computed on the current full bill and added to the consumer's bill.

8-5-2   Restoration of Services.  All utilities disconnected for nonpayment will require a reconnect fee as set by the city council plus payment in full before any utility will be reconnected.  Reconnections will be made only during business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday.  Utilities voluntarily disconnected shall also require a reconnect fee as set by the city council and on file in the office of the finance officer.

8-5-3   Inspection of Premises.  The electric superintendent and others duly authorized shall have access at all reasonable hours upon reasonable notice to all premises which are serviced for the purpose of reading meters, installing or removing meters, making repairs, or for inspecting load management equipment.

8-5-4   Meter and Meter Sockets.  The consumer shall cause to be installed a meter socket or sockets which shall have a South Dakota State affidavit filed with the electric superintendent and the proper state agencies and shall be sealed by the electric superintendent.  Any new meter installation shall be outside the consumer's premises.  These approved meter sockets shall be installed by the consumer on all new construction, and all repair wiring which may cause change in meter connections as well as on the existing connections as may be deemed necessary by the electric superintendent.  The electric superintendent may require the meter socket and meter to be moved due to remodeling of the structure.  Any expenses due to this required move shall be the responsibility of the consumer.  The city shall attach and place at such meter socket an approved meter or meters to any premises or building in which electrical lights, power, or heat is used.

8-5-5   Load Management System.  There is hereby established a load management system for all residential and general service electrical consumers:

A.   Installation of Load Receivers.  The city shall install in each home or general service building to which it distributes electric power a load control receiver. The receivers shall be connected to all electric water heaters, central air conditioners, 220 volt window air conditioners, and any electrical heating device situated on the consumer's premises.  Any consumer wishing to be excluded from the load management system may petition the city for exemption.  If the city grants such an exemption, the consumer will receive electrical current from the city at the following rate:

All kilowatt hours at one hundred fifty (150) percent of the city's current rate for electricity metered into participating consumer service.
The cost of the receiver and of the installation shall be the obligation of the city.  The city, through its employees and agents, shall have the right to enter upon the consumer's premises upon reasonable notice to the consumer, for the purpose of installing, maintaining, relocating, repairing, and removing said receivers.  The receivers shall be considered personal property and shall remain the property of the city after installation on the consumer's premises.

B.   Duties of Consumer.  It shall be the duty of the consumer to allow the city employees and agents access to their premises, upon reasonable notice for the purpose of installing, maintaining, relocating, repairing, and removing said receivers.  The consumer shall not tamper with or alter said receivers.  The consumer or his agent who desires to utilize electric power for space heating, the heating of water, or air conditioning with a central air conditioner or a 220 volt window air conditioning unit must provide a written notification to the electric superintendent. In the event that any consumer shall violate any duties or conditions of this chapter, he shall be placed on a special electrical rate until the violation is corrected and for a six (6) month period after said violation has been corrected.  That rate is as follows: All kilowatt hours at one hundred fifty (150) percent of the city's current rate for electricity metered into participating consumer service.

C.   Powers of City.  The city is hereby granted the power to interrupt the flow of electrical energy delivered by the city to those units on the load management system.  The interruption of electrical energy may occur at any time and for an indeterminate period and there may be no advance notice or warning given to the consumer as to the time of the interruption or the length thereof.

D.   Interruptible Power (Dual Fuel) Heating Systems.  The consumer who elects to be part of the dual fuel heating system will enter into a contract with the City of Groton for off-peak power for electric space heating for a minimum period of time of at least one year.  The consumer shall agree to provide at his own expense, a supplemental form of heating, independent of the primary electrical heating system.  The electrical heating system will be the consumer's primary and ordinary mode of heating for seventy-five (75) percent or more of the living space with the supplemental form of heating to be used only during those times that the electrical energy to this primary system has been interrupted as hereinbefore provided.  The consumer may choose any type of supplemental heating system he desires, and the consumer shall be solely responsible for any economic loss, damages, or injuries of whatever nature to person or property which may result or occur because of failure of such supplemental heating system to be activated or to perform adequately during any period or periods of power and energy interruption.  The city shall not be liable for any economic losses, injuries, or damages to a person or property resulting from or related to a city's terminating electrical energy and power to the consumer's primary heating system as hereinbefore described.  Failure to continue the contract for one full year will result in an assessment of all city costs for the installation, receiver, and service to the consumer.

A special rate for kilowatt hours resulting from this dual fuel heating system will be included in the rates established by resolution of the city council.  Kilowatt hours from air conditioning on the same interruptible heating circuits and controlled with special load management codes will be sold at the same special rate for interruptible power (dual fuel) heating.

E.   Sales Incentives.  Upon presenting qualifying proof of purchase and verifying installation of an electric heating system to be used and controlled under the interruptible power (dual fuel) heating system, or of an electric (220 volt) hot water heater over fifty (50) gallons in size with a lifetime warranty which can be controlled under load management, a rebate will be issued to the property owner in an amount established by resolution of the city council and kept on file at the city finance office.  A replacement for the electric hot water heater will also qualify for the rebate if it is not under the warranty period of replacement.

8-5-6   Shunting.  No consumer of electric current from the city electrical system shall use or permit to be used or have installed at or near the meter used by such consumer any shunt or other device for conveying electric current into his premises other than through the meter.  Whenever the electric superintendent or any other officer or employee of the city shall discover such shunt or device at or near the meter of any consumer, the electric service shall be immediately cut off from the place or building where such device was found.  Before such service shall be reconnected, the consumer shall make application to the electric superintendent requesting the electric superintendent to make an estimate of the value of current that may have been used by such consumer without being metered or paid. The amount so estimated by the electric superintendent shall be paid in advance before reconnection.  In addition to paying the amount estimated to be due as stated above, such consumer shall be guilty of a misdemeanor and upon conviction shall thereof be subject to the penalties established in this ordinance (11-1-1).

8-5-7   Interference With Electric Light Posts and Apparatus.  No person shall interfere with, injure, break, or jar any electric light, telephone, telegraph, or fire alarm system, post, or pole or apparatus in any manner, or climb any telegraph, telephone, electric light, or fire alarm pole without being properly authorized to do so.

8-5-8   Wind Generation.  All Wind Energy Conversion System (WECS) facilities within the City of Groton electric territory boundaries shall meet or exceed standards and regulations of the Federal Aviation Administration and South Dakota State Statutes, South Dakota Public Utilities Commission, and any other agency of federal or state government with the authority to regulate WECS facilities. 
           
8-5-8.1  Requirements for Small Wind Energy Conversion Systems (SWECS) and Vertical axis wind turbines (VAWT).  Small Wind energy conversion systems (SWECS) and Vertical axis wind turbines (VAWT) meeting the following standards shall be allowed in certain zoning districts as a conditional uses (Section 18-0110 Groton Planning & Zoning Ordinance).

8-5-8.2 Commercial Sale of Power Prohibited.  Any SWECS or VWAT shall not be used for generating power for sale commercially to those other than the owner of the SWECS or VAWT.  Any interconnection to City electrical system and related details required for safety and protection of the utility system to be addressed thereby shall be approved by the City Council separately from the requirements in this ordinance. 

8-5-8.3 Noise.  No SWECS or VAWT shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system.  The owner may be required to submit independent noise studies to verify that the noise standard is met during actual operations.  The level, however, may be exceeded during short-term events such as wind storms.

8-5-8.4 Electromagnetic Interference.  No SWEC or VWAT shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television,  radar, satellite, telephone, or microwave towers.  If necessary, filters, shields, or both must be installed to prevent the disruption of telecommunications signals during operation. 

8-5-8.5 Maintenance.  Any SWECS or VAWT shall be maintained in accordance with specifications established by the manufacturer of the SWECS or VAWT.  On or before January 1 of each year the person operating the SWECS or VAWT shall submit a log of maintenance performed on the SWECS or VAWT for the preceding year.  Failure to submit this log may result in the revocation of the conditional use permit by the City Council to operate a SWECS or VAWT.

8-5-8.6  Signs.  Information related to the maximum power output, nominal voltage and maximum current and emergency shutdown procedures for the SWECS or VAWT shall be posted near the base of the tower in a visible location.  All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs or owner identification on a wind generator , tower, building or other structure associated with a SWECS or VAWT visible from any public road shall be prohibited.  Size of the sign shall be consistent with Section 18.0105 Groton Planning and Zoning Ordinance.

8-5-8.7 Lighting.  A SWECS or VAWT shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).  Dual mode lighting shall be requested from FAA. Flashing beacon lighting, unless required by FFA, shall not be utilized.  These prohibitions do not apply to necessary ground safety lighting.

8-5-8.8 Abandonment/ Removal.  Any wind energy conversion system which has not been used for a period of six (6) months or more shall be declared abandoned.  The City may issue a Notice of Abandonment to the owner of a SWECS that is deemed to have been abandoned.  The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice Receipt date.  Upon determination of abandonment of the system, or if the owner has not responded to the notice of abandonment the City shall revoke the conditional use permit and the system shall be removed at the expense of the property owner.  If the owner fails to remove the system, the City may pursue legal action to have the SWECS removed at the owner’s expense. 
The City shall determine that a wind energy conversion system has not been used if any of the following criteria apply:

a) The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of twenty-five (25) percent of the expected typical energy output as state in the system specifications over the past six (6) months.  For the purposes of this paragraph, the extended typical energy output is defined as the number of kilo-Watt-hours (kwh) of energy that the system is reasonable expected to produce in a given time period based on the typical wind attributes present at the installation location and assuming that the system is fully operational during the given period; or

b) The wind energy conversion system has fallen into obvious disrepair as determined by the City Council or has been condemned by the City of Groton; or

c) The conditional use permit is revoked consistent with the provisions of Section 18-0109 Groton Planning and Zoning Ordinance; or

d) The wind energy conversion system has become in violation of some other local, state, or federal law and the owner of the system has not taken appropriate actions to remedy the problem.

If deemed appropriate, the city may stipulate through the conditional use that the wind energy conversion system shall be removed at the owner’s expense, upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use of conditional use.

8-5-8.9 Requirements of Large Wind Energy Conversion Systems.  Large wind energy systems shall be and are prohibited within the City limits of the City of Groton and any area of extra electric or zoning territorial jurisdiction the City may have.

And be it further ordained that the section of the 2012 City of Groton Planning and Zoning Ordinance be amended to read:

18.0109   Communications Towers and Dishes - Permit Required.  It shall be unlawful for any person, corporation, or business to erect, construct, hang, or maintain any communication tower greater than 10 feet in height or satellite dish greater than three feet (3') in diameter without first obtaining a permit.  Towers and satellite dishes shall comply with minimum front, side, and rear yard requirements for the respective zone in which it is to be placed.  Dishes and towers shall be constructed and anchored according to the manufacturer’s instructions.  Ground towers may have a basic height of up to thirty-five feet (35').  For every one additional foot in from the side or rear building setback lines, another one foot in height may be added to a maximum height of sixty feet (60').  Roof towers shall not extend more than twenty feet (20') above the point of attachment and dishes attached to the side or roof of a building shall not extend more than twelve feet (12') above the point of attachment. 

Any person desiring a permit shall make written application therefore to the city planning and zoning commission, which application shall set forth and fully describe the kind, character, and size of such tower or dish, with the location of such structure and said written application shall further contain an agreement and understanding that the person signing the same will indemnify and save harmless the City of Groton from any and all costs, expenses, and damages that may be caused by erecting, hanging, maintaining such tower or dish and that the person signing said application will pay or cause to be paid, any judgment for costs and damages that may be recovered against the City of Groton arising out of the injuries to persons or property occasioned by said tower or dish.  Upon filing of said written application with the finance officer, the city planning and zoning commission shall hold a public hearing and may, if it deems such tower or dish safe and deems the applicant financially able to met his said obligation, grant said permit and order the finance officer to issue a permit therefore in writing upon the payment of a fee therefore; said permit shall specify the manner in which said tower or dish shall be placed and attached to its location and its size, and character and liability insurance coverages.

18.0110   Small Wind Energy Conversion Systems (SWECS) and Vertical axis wind turbines (VAWT) – Permits Required.  It shall be unlawful for any person, corporation, or business to erect, construct, hang, or maintain any SWECS or VAWT without first obtaining a permit.  SWECS and VAWT shall comply with minimum front, side, and rear yard requirements for the respective zone in which it is to be placed.  SWECS setbacks and all surrounding property lines, overhead utility or transmission lines, electric substations, public roads and structures intended for human occupation shall be equal to no less than one point one (1.1) times the system height as measured from the ground to the tip of the rotor.  The minimum setback distance between each VAWT and all surrounding property lines, overhead utility or transmission lines, electrical substations, public roads and structures intended for human occupation shall be one (1) times the height of the vertical axis wind turbine as measured from the ground or rooftop if mounted on a rooftop.    A variance to allow setback/separation distances to be less than the established distances identified above, if the affected parties and the planning and zoning commission agree to a lesser setback/separation distance.  If approved, such agreement is to be recorded and filed with the Brown County Register of Deeds.  Any conditional use permit granted will expire if a SWECS or VAWT is not installed and functioning within twelve (12) months from the date of conditional is issued or if the SWECS or VAWT is determined to be abandoned under Groton Ordinance 8-5-8.8   

In no event shall the nameplate generating be less than 50 KW or the height of a SEWCS exceed ninety (90) feet as measured from the ground to the rotor hub.  Further there shall be no less than thirty (30) feet between the lowest arc of the rotors of the wind energy conversion system and the ground, or any portion of a structure.  In no event shall the height of a VAWT exceed sixty (60) feet as measured from the ground to the top of the unit.  Further there shall be no less than thirty (30) feet between the VAWT and the ground.

Any person desiring a permit shall make written application therefore to the city planning and zoning commission, which includes the following items to be reviewed upon application for a conditional use permit and building permit:

  1. A plat plan containing property lines, and physical dimensions of the property and proposed location of the SWECS or VAWT.  Also the right of way of any public road that is contiguous with the property.
  2. Location, dimensions, and types of existing major structures on the applicant’s property and adjacent property.
  3. Any existing or proposed overhead utility lines.
  4. SWECS or VAWT specifications, including manufacturer and model, UL listing, National Electric Code Certification, rotor diameter, tower height, and tower type (monopole, lattice, guyed).
  5. Tower blueprint or drawing, including foundation
  6. Manufacturer warranty/maintenance information, including maximum power output and schedule for maintenance; a manufacturer’s statement documenting that the SWECS or VAWT system has been successfully and safely operated in atmospheric conditions that are similar to the conditions in Groton, SD; a copy of the manufacturer’s warranty against system failures reasonably expected during severe weather conditions. 
  7.  The SWECS or VAWT shall be constructed and anchored according to the manufacturer’s instructions and in accordance with all applicable life, safety, electrical, building, and fire codes.  An applicant for a building permit for a SWECS or a VAWT shall submit pre-construction plans and specifications stamped by a registered engineer and may also be required by the Zoning Administrator to submit a post construction inspection stamped by a registered engineer.  Post construction inspections stamped by a registered engineer shall be provided consistent with the guidelines provided for in South Dakota Codified Law 36-18A-46.
  8. Lightning Protection.  Any SWECS or VAWT shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage.  The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding.   
  9. The tower and turbine design shall include a neutral color with a non-reflective finish and other elements to prevent adverse impacts from occurring to neighboring property owners, including, but not limited to, infringement into natural and urban view sheds, historic property, major community entryways, parks, school, churches, playgrounds, or similar public and recreational uses.
  10. The maximum size of the rotors of a SWECS or VAWT shall be reviewed upon application for a conditional use.  In determining the appropriate size for the rotors, the City shall consider such factors as noise, proximity to surrounding residences, safety and aesthetic issues.  All SWECSs and VAWTs shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.
  11. Appropriate safety measures must be undertaken to discourage unauthorized climbing of the SWECS or VWAT tower.   Appropriate measures shall include either:
      a) All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
  12. b) The construction of a six (6) foot tall chain link fence, with approved fencing materials to be approved by the Planning and Zoning Commission, with locking gate around the tower; and/or

    c) The tower shall be constructed so that the lowest climbing access shall be at least twelve (12) feet above the ground: or

    d) A locked anti-climb device shall be installed on the tower.

  13. Information from the manufacturer of the wind energy conversion system shall be submitted ensuring that the SWECS shall produce no more than 60 decibels when the system is operational. 

The written application shall further contain an agreement and understanding that the person signing the same will indemnify and save harmless the City of Groton from any and all costs, expenses, and damages that may be caused by erecting, hanging, maintaining such SWEC or VWAT and that the person signing said application will pay or cause to be paid, any judgment for costs and damages that may be recovered against the City of Groton arising out of the injuries to persons or property occasioned by said SWEC or VWAT.  Upon filing of said written application with the finance officer, the city planning and zoning commission shall hold a public hearing and may, if it deems such SWECS or VWAT to be in compliance, and deems the applicant financially able to met his said obligation, grant said permit and order the finance officer to issue a permit therefore in writing upon the payment of a fee therefore and providing proof of liability insurance coverages.