Author Archives: VdoeAdmin

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WATER SYSTEM ORDINANCE

1. AUTHORITY

1.2 This regulation is adopted by the Village District of Eidelweiss Board of
Commissioners pursuant to RSA 52:1 and RSA 38.

2. PURPOSE

2.1 Provide a continuous supply of drinking water to the residents of the Village District of Eidelweiss (VDOE) in accordance with the Safe Water Drinking Act and New Hampshire RSA’s 38 and 485 and the Administrative rules of the NH Department of Environmental Services.

2.2 Regulate connections to and expansion of the VDOE water system to ensure adequate supply of water to existing and future customers.

2.3 Follow the recommendations of the Water System Master Plan developed
in 2005.

2.4 Prevent physical and environmental damage to the water system.

2.5 Provide a fair system of determining water fees for users of the VDOE Water System.

2.6 Provide an ordinance that can be enforced by local officials.

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3. REGULATION

3.1 WATER CONNECTION

3.1.1 An Application for hook up or connection to the VDOE Water System shall be made on a form approved by the Board of Commissioners. The Application must be signed by the property owner(s).

3.1.2 Applications must include a copy of the septic design approved
by the NH Department of Environmental Services, an approved VDOE
driveway permit (construction), and a certified plot plan.

3.1.3 The Water Connection Fee will be $8,000 as adopted at the 2007
VDOE annual meeting. In addition to the $8,000 base fee, applicants
applying to connect to the system will also be responsible for extra
costs above a standard connection. A standard connection will be
defined as having a water main passing in front of the subject
property. These extra costs will include (but not limited to:)

3.1.3.1 Extension of water lines to the subject property.

3.1.3.2 Blasting of ledge or other extraordinary excavation
situations.

3.1.3.3 Replacement of paving on paved roads.

3.1.4 Each Water System Connection application will be individually
considered for its affect on the existing water delivery system. The
following considerations will apply:

3.1.4.1 In the sole discretion of the Village District of
Eidelweiss, connections may be approved for properties
on Class VI roads which meet all other requirements for
development of properties on Class VI roads. Such
connections will only be approved if water lines already
exist on the road and all other connection requirements
set forth in this ordinance are met. Any such approval
will be conditioned upon the property owner agreeing to
maintain the Class VI road to a standard satisfactory to
the Village District which will allow the maintenance of
the water lines. That maintenance agreement will be
recorded at the Carroll County Registry of Deeds.
Maintenance of the Class VI road will be at the property
owners sole expense, although owners of properties
which are later connected to the water system will be
required to share that expense. Failure to maintain the
Class VI road to the agreed standard will result in the
water supply being turned of. To have water service
restored, the full annual fee must be paid, as well as a
service reconnecting fee of $100.

3.1.4.2 Connections will not be approved if the VDOE water
system cannot deliver 35psig to the upper floor shower
under projected system peak flow conditions. This will
be determined by engineering calculations and or
residual pressure tests made and recorded in the field
at the affected portions of the system. The applicant will
provide the VDOE with a site plan and architectural
drawings of their proposed building, so a determination
of the elevation of the upper floor shower can be
determined.

3.1.4.3 Connections will not be approved in areas where such
connections will cause degradation of service to existing
customers. Degradation of service as applied to this
ordinance, is: Loss of water pressure to existing
connections that reduces pressure to less than 40 psi.
The particular proposed connection will be evaluated by
the VDOE engineer. The engineer may call for specific
tests on the system to ensure conditions for connection
are satisfactory. The engineer may utilize any existing
hydraulic modeling to determine suitability for
connection. The engineer will make recommendations
to the VDOE Board of Commissioners.

3.1.4.4 The evaluation of the connection application and determination of approval or denial will be made by the VDOE Board of Commissioners.

3.1.4.5 Water connections will not be made during the period
October 1 to May 1, except at the discretion of the
Board of VDOE Commissioners. Applications for water
system connections must be submitted by August 1 if
the connection is to be made in that year.

3.1.4.6 The water service to the house will comply with the
requirements of Section 3.4. All houses must comply to
these requirements by August 1, 2008.

3.1.4.7 There will not be a charge for seasonal turn off or turn
on of water service at the request of the user, However,
if the user fails to be present during the scheduled time
for a turn on there will be a charge of $50 and no turn on service will be provided at that time.

3.1.4.8 Non Water System required emergency turn off or turn
on service will be charged the actual costs incurred by
the VDOE with a minimum charge of $50.

3.2 WATER SERVICE FEE

3.2.1 The annual water service fee will be calculated by dividing the annual budgeted expense of the water system divided by the number of users to the system. This fee will be calculated each year. Each residence, dwelling unit or vacant lot with a curb stop valve, serviced by the water system, or that has water service available to it, including those vacant lots or residences which have requested a curb stop valve which has been installed but not yet turned on the water service and those to which water service has been shut off for non-payment, will be considered a user. The owner of the property will be responsible for payment of the fee(s).

3.2.2 This fee will be an annual fee and not pro-rated. However, the fee will be prorated on a monthly basis for initial connections to the system.

3.3 SERVICE LINE CONNECTION

3.3.1. The property owner shall install and be responsible for maintaining the house service waterline from the curb stop to the house shut off in accordance with District, State and Federal regulations.

3.3.2 The location of the service line shall be approved by the Water
System Operator or other person designated by the Board of
Commissioners.

3.3.3. Service line shall be a one inch 200 psi CTS (copper tube size) plastic tubing or equivalent. All valves and fittings shall be 200 psi rated.

3.3.4. Laying of pipe and fittings shall be in accordance with the
requirements of AWWA specifications and as specified herein.

3.3.5. Minimum depth of bury for waterlines shall be 6 feet.

3.3.6. Pipe shall be laid in the dry and at no time shall water in the trench
be permitted to flow into the pipe.

3.3.7. For non-metallic pipe, marking tape shall be installed the length of the pipe and at a maximum depth of 24 inches.

3.3.8. Pipe shall be laid with 6"screened sand under pipe and 18" over pipe and compacted every 12 inches of depth. No debris, rubble organic matter, muck or rock materials shall be used.

3.3.9. Before backfilling, the installation of the service line shall be inspected and approved by the Water System Operator or other person designated by the Board of Commissioners.

3.4 HOUSE CONNECTION

3.4.1. The service line shall be terminated inside the house as shown in
Figure 1.

Figure 1 - House Connection

3.4.2

A good quality brass ball valve installed, followed by a 4 ½” round 0-160psig pressure gauge, then a pressure reducing valve is highly recommended, followed by a #7 dual check backflow preventer or equivalent must be installed (Figure 2). The piping configuration shall be inspected and approved by the Water System Operator or other person designated by the Board of Commissioners prior to turning the water on.

Figure 2 - Dual Check Backflow Preventer

4. ENFORCEMENT

4.1 This ordinance is enforceable by the VDOE Commissioners and legally
appointed law enforcement officers
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5. PENALTY

5.1 Any violation of this connection portion of this ordinance will render any
connection privileges void. Any person who violated this ordinance shall be deemed to have violated an ordinance of the Village District of Eidelweiss and may be fined up to $10,000 per day for such violation.

5.2 The Water Usage Fee includes all Water User Fees, late fees, and all fees resulting from turning on or off the water supply. Failure to pay the Water Usage Fee within 90 days of the due date will result in having the water supply turned off. To have water service restored any and all outstanding annual fees and penalties must be paid as well as a service reconnecting fee of $100 and all applicable late charges. Late charges will accrue at a rate of $50 after the due date indicated on the Water Usage Fee billing statement, $100 after 90 days and $10 per month until paid.

5.3 Unauthorized tampering with the water system or the use of materials that
do not meet specifications shall constitute a violation of this ordinance and may be fined up to $10,000 per day for such violation.

6. EFFECTIVE DATE

6.1 This ordinance will take effect on the date it is approved by the VDOE
Commissioners. The water connections allowed by the Year 2007 Water
Connection Lottery winners will be allowed to connect to the VDOE Water
System per the terms of the Water System Management Plan 2005 and
charged a water connection fee of $4,500 (fee in effect at the time of the
lottery). Water connections meeting all requirements of this ordinance will be charged the $4,500 connection fee if the physical connection is completed in 2007.

7. AMENDMENTS

7.1 The Board of Commissioners may amend this ordinance as the need arises.

Adopted May 21, 2007 following a Public Hearing on May 11, 2007. Revised
following a Public Hearing on August 17, 2007. Revised again following a Public Hearing on July 21, 2008. Revised again following a Public Hearing on May 11, 2009. Revised again following a Public Hearing on December 14, 2009. Revised again following a Public Hearing on October 4, 2011.

Mark Graffam
Ralph Lutjen
Board of Commissioners
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DRIVEWAY ORDINANCE

1. AUTHORITY

This regulation is adopted by the Village District of Eidelweiss Board of Commissioners pursuant to authorization adopted at the 1995 Annual Meeting to RSA 31:39 and 52:3-a and pursuant to a vote by the Madison Planning Board delegating authority to approve driveway permits within the boundaries of the Village District of Eidelweiss to the Commissioners.

2. PURPOSE

The purpose of a driveway permit system is to:

a. Provide maximum safety and protection to the traveling public on District roads;
b. Maintain the serviceability of affected highways;
c. Provide a uniform practice throughout the District for the application and issuance of driveway permits;
d. Monitor the design and construction of driveway entrances and exits and to ensure drainage, water flow and construction issues are addressed.
e. Monitor equipment and heavy truck traffic on District roads.
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3. DRIVEWAY PERMIT

No person may create a new access to a Class V or Class VI road within the Village District of Eidelweiss without first obtaining a driveway permit from the Commissioners. A permit is also required before undertaking any driveway alterations that in any way affects the size, grade, surface (including paving) or drainage of any existing driveway, entrance, exit or approach within the limits of the right-of-way of any Class V or Class VI road within the Village District.

Two driveway permits are required: a driveway permit application for construction and a driveway permit for operation.

For new home construction, a driveway permit for operation from the Village District of Eidelweiss is required before a certificate of occupancy will be issued by the Town of Madison.

4. APPLICATION

An application for a driveway permit shall be made on a standard form available from the District Office or the Selectmen’s Office in Madison. The form shall conform generally to that shown in Exhibit #1. The Commissioners or their designee shall review the application and supporting documentation for compliance with this regulation and may visit the site if deemed necessary. Approval of a permit application may be conditioned upon such factors as are deemed necessary or appropriate and any such conditions shall be noted on the permit. The application shall be considered and approved or denied in writing.

5. APPLICATION FEES

To cover the costs of professional monitoring and inspection for changes to an existing driveway, a permit fee of $75 shall be submitted with the application. For new driveways for new construction or for rerouting an existing driveway a permit fee of $200 shall be submitted with the application.

For driveways for new dwellings, a performance bond, irrevocable letter of credit or other type of security, shall be submitted with the application provided that in no event shall the form of security be in the form of cash or a passbook. The amount of performance bond shall be for a minimum of $4,000 or as otherwise determined by the Board of Commissioners. Twenty per cent (20%) of the bond shall remain in effect for the year following approval of the driveway for operation. The District shall have the power to enforce such bonds or other securities by all appropriate legal and equitable remedies.

6. CONSTRUCTION

All driveways shall be constructed in accordance with the State Department of Transportation Administrative Rules and Standards in effect in 2001 as amended and as may be subsequently amended. Exhibit #2 illustrates the cut and fill of a typical driveway and Exhibit #3 shows the radius of a driveway meeting the road for different driveway widths and angles of entry.

The following standards shall also apply to all driveways and accesses:

a. No driveway entrance shall be less than 12 feet or more than 20 feet in width.

b. No driveway, including its designated parking area, shall be closer than 15 feet to a side, or back property line.

c. For a corner lot, no driveway shall be located closer than 25 feet to the corner.

d. No driveway shall be constructed so as to have multiple accesses to District roads.

e. No property shall have more than one driveway.

f. Any applicant requesting to modify an existing driveway shall bring the entire property into compliance with the current Driveway Ordinance.

g. The minimum size for a culvert shall be 15 inches when the culvert is constructed of HDPE, has a corrugated exterior wall, and a smooth interior wall.

h. In cases where the property’s development changes the drainage run off, such that existing structures in the road are rendered inadequate, or where runoff will be altered from the pre-construction pattern, the applicant shall be required to provide improvements to drainage structures and to secure drainage rights downstream to accommodate that increased runoff.

I. When the grade for the proposed driveway from the edge of the traveled way or the edge of the street owned by the Village District of Eidelweiss exceeds plus or minus 8% then an engineering review, paid for by the applicant, may be required at the discretion of the Board of Commissioners to ensure compliance with the above standards.

7. MAINTENANCE

The applicant, or the applicant’s successor-in-title, shall be responsible for the maintenance of the driveway and any drainage systems or permitted alterations on the owner’s property.

The District shall be responsible for the maintenance of:

a. Driveway culverts within the limits of the right-of-way of the Village District provided they were installed according to permit conditions.

b. Drainage systems within the limits of the right-of-way of the Village District after they have been approved and accepted.

8. PERMIT DURATION

Any activity authorized by a permit issued under this regulation shall be commenced within 90 days after issuance and shall be completed within one year after issuance of the permit. A permit may be renewed or extended upon application, but shall conform to any new standards or conditions as may be applicable.

9. REVOCATION OF PERMIT

If the terms and conditions of a permit are violated then the permit shall be suspended or revoked pending a hearing before the Board of Commissioners. After a hearing, the Commissioners may revoke, alter or amend the permit.

10. WAIVER

The Board of Commissioners may waive strict compliance with a standard or procedure set forth in this regulation if they find that the purpose or this regulation can be met without requiring strict compliance. Any such determination shall be made in writing with a statement of the reasons justifying the waiver.

11. PENALTY

Any person who violates this regulation shall be deemed to have violated an ordinance of the Village District and may be punished by a fine of not more than $275 with each day of violation considered a separate offense. In the alternative, any violator shall be subject to the penalties by RSA 236:14. In addition, the person responsible for the violation shall be liable for the cost of restoration of the road to a condition satisfactory to the Board of Commissioners.

12. ADOPTION

This ordinance was first adopted by the Board of Commissioners June 16th, 1995.
The revised ordinance was adopted on March 12, 2004.
This ordinance was revised again following a Public Hearing on April 10, 2012.

Ralph Lutjen

Mark E. Graffam

Ronald W. Sandstrom Board of Commissioners

EXHIBIT 2

EXHIBIT 3

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REGULATION OF OFF HIGHWAY RECREATIONAL VEHICLES

1. AUTHORITY
This regulation is adopted by the Village District of Eidelweiss Board of Commissioners pursuant to RSA 52:1; RSA 41.11 and RSA 47:17, and the 2000 Annual Meeting of the Village District.
2. PURPOSE
The purpose of this regulation is to:
a. Provide maximum safety and protection to the traveling public on District roads.
b. Reduce the danger to the service operations and personnel of the Department of Public Works in plowing, repairing, and maintaining District roads and property.
c. Prevent environmental damage to District roads and property.
d. Protect the quiet and safe enjoyment of both private and public property by all who visit or live in the District.
e. Provide a means by which recreational vehicles may access trails outside the District.
f. Provide an ordinance that can be enforced by local police officials.
3. REGULATION
a. No off highway recreational vehicles (OHRV) are allowed on any District roads.
b. No off highway recreational vehicles (OHRV) are allowed on any District property, including but not limited to beaches, parking lots, landscaped lots and the scenic vista, except as specified in paragraph c.
c. Snowmobiles only may use the following beaches and their parking lots to access the ponds: Boulder Beach, Eidelweiss Beach, Thusis Beach and Geneva Beach. Use of any District property does not allow or encourage access to contiguous private property without the owner’s consent.
4. ENFORCEMENT
This ordinance is enforceable by any legally appointed law enforcement officer.
5. PENALTY
Any person who violates this regulation shall be deemed to have violated an ordinance of the Village District of Eidelweiss and may be punished by a fine of not more than $1,000 for each violation as permitted by RSA 47:17.
Adopted June 15th, 2001, revised October 24th, 2005.

Board of Commissioners
Ralph Lutjen

Gloria B. Aspinall

E. Peter Craugh


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HIGHWAY REGULATIONS
This regulation is adopted by the Village District of Eidelweiss Board of Commissioners pursuant to RSA 52:1
2. PURPOSE
The purpose of this regulation is to:
a. Provide maximum safety and protection to the traveling public on District roads.
b. Reduce the danger to the District service operations and personnel in plowing, repairing, and maintaining District roads and property.
c. Prevent environmental damage to District roads and property.
d. Protect the quiet and safe enjoyment of both private and public property by all who visit or live in the District.
f. Provide an ordinance that can be enforced by local police officials.
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3. REGULATION
A. The maximum speed limit in the Village District of Eidelweiss is 20 mph. Lower speed limits are suggested in certain areas of the District, including, but not limited to, a maximum15 mph speed from the Eidelweiss Drive / Winnegon Rd intersection around Little Pea Porridge Pond to Little Loop Rd.
B. The weight limit for trucks is 13 tons GVWR. When the roads are posted in the spring, the maximum weight limit is 5 tons GVWR.
Vehicles passing through the Village will be limited to 8 tonS GVWR.
C. No parking is permitted on Eidelweiss Roads between November 1st and April 1st.
D. The Huttwil Parking lot is to be used for temporary overnight parking for residents and their guests. No business or commercial vehicles or trailers may be parked in the Huttwil parking lot.
No business or commercial vehicles or trailers may be parked in any VDOE parking lot.
E. Vehicles, personal trailers, recreational vehicles, snowmobiles and boats may not be left in any of the parking lots for more than 5 days unless written permission
is received from the board of commissioners. Parking in excess of this time period will result in a fine and the vehicle will be towed.
Overnight parking is not allowed at any of the beach parking lots. Parking during winter storm conditions is excepted.
F. No steel tracked vehicles are allowed on District roads.
G. To control speed and reduce the danger to pedestrian traffic speed bumps may be utilized in selected location in the village. Speed bumps will be utilized no earlier than 1 May and removed no later than 1 November each year.
Speed bumps will be installed on Eidelweiss Drive to control speed and traffic in the area of Boulder Beach and the Playground on Eidelweiss Drive. Cautionary signs will be posted to notify the use of speed bumps and a sign suggesting a 5 MPH speed limit.
4. ENFORCEMENT
This ordinance is enforceable by any legally appointed law enforcement officer.
5. PENALTY
Any person who violates this regulation shall be deemed to have violated an ordinance of the Village District of Eidelweiss and may be punished by a fine of not more than $1,000 for each violation as permitted by RSA 47:17. For parking offenses, the fine shall be $25. The fine for using steel tracked vehicles on District roads shall be $100 for each offence. For overweight trucks the fine shall be $500 for the first offense with a fine of $1,000 for any subsequent offense.
6. AMENDMENTS
The Board of Commissioners may amend this ordinance as the need arises.
Adopted August 13, 2004, following a Public Hearing on August 6, 2004.
Revised October 1, 2004.
Revised July 17, 2006 following public hearings on July 10 and 17, 2006. Revised October 16, 2006 following a Public Hearing on October 16, 2006.
Gloria B. Aspinall
E. Peter Craugh Ralph Lutjen
Board of Commissioners
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