CCW Packet

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, September 27, 2022 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/qcaf70 Event number: 2535 652 2047 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA 1. Presentation - Next Generation Outcomes (Larry Normile, Erin Smith, and Emily Sestito) (15 Minutes) (Committee Action Not Required) 2. Presentation - Dover Loitering Ordinance- 2022 Update (Chief Thomas Johnson, Dover Police Department) (30 minutes) (Committee Action Not Required) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - September 27, 2022 PAGE 2 3. Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and amending Appendix F, Fees and Fines (Mary Ellen Gray, Director of Planning and Inspections) (15 Minutes) (Staff recommendation: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting) 4. Discussion Loockerman Street Assessment Tour (Councilman Ralph Taylor) (15 minutes) (Committee Action Not Required) ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Electric Service Handbook Revisions (Paul Waddell, Electric Director) (Staff recommendation: Staff recommends approving the presented revisions to the Electric Service Handbook) 2. Purchase Ground Penetrating Radar (Jason Lyon, Director of Water Wastewater) (Staff recommendation: Allow staff to purchase a new Ground Penetrating Radar machine from M.J. Friedl & Associates, Inc. in the amount of $16,800) 3. Delaware Drinking Water State Revolving Funds Applications (Jason Lyon, Director Water and Wastewater) (Staff recommendation: Approve the Lead Service Line Inventory project and the Lead Service Line Inventory / Replacement – Brandywine Court Condominiums to be submitted through the Delaware Drinking Water State Revolving Fund process. Each project meets the requirements for principal forgiveness) 4. Aero Park Elevated Water Tank Equipment Relocation (Jason Lyon, Director Water and Wastewater) (Staff recommendation: Allow staff to pay AT&T the price of $60,937.47 to remove and later reattach their equipment on the city-owned elevated water tank) 5. Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control Program, Appendix F - Fees and Fines(Jason Lyon, Director Water and Wastewater) (Staff recommendation: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - September 27, 2022 PAGE 3 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities, Section 66-3 - Manufactured Homes and Appendix F - Fees and Fines (Councilman Fred Neil) (Staff recommendation: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting) 2. Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines (Staff recommendation: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting) 3. Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings and Appendix F - Fees and Fines (Staff recommendation: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting) 4. Approval of a Grant Funded Group Violence Intervention (GVI) Crime Analyst Position (Chief Thomas Johnson, Dover Police Department) (Staff recommendation: Approve the grant-funded position as requested.) 5. Acceptance of a $1.5 Million Dollar Grant Funded Camera Expansion (Chief Thomas Johnson, Dover Police Department) (Staff recommendation: Approve the grant as requested) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. Next Generation Outcomes HEALING THE HEART OF DELAWARE - ONE PERSON AT A TIME LARRY NORMILE, ERIN SMITH, EMILY SESTITO 4

Item 1. Mission Statement The purpose of Next Generation Outcomes is to combat Covid-19’s negative impacts and transform malignant issues in Delaware communities. Our mission is to rehabilitate disadvantaged members in the community of Dover, and surrounding areas; to provide aid, guidance, and induce self- sufficiency, in order to construct thriving members of the community. 5

Item 1. Covid-19 Impact on Delaware ❑ An increase in homelessness, burglaries, drugs/DUI’s, theft, and overall crime has intensified. ❑ Major gap between employers and viable employees. ❑ Domestic violence increased. ❑ Disadvantaged families were further displaced. ❑ Prison re-entries have steadily increased, prisons are presently full. 6

Item 1. Next Gen Impact Will get individuals off drugs, learn healthy coping skills, and money management. Proactively decrease and reduce prison and re- entry. Decrease homeless population. Enhance Individual Families and Community Stability. 7

The Bottom Line Item 1. This organization will make Dover a safer place to live. Support and increase healthy members of the community and help businesses. Delaware will get cleaner streets and become a place to be proud of. We will produce productive members to live and work in the community with a plan and purpose. 8

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Item 2. Dover Loitering Ordinance 2022 Update 12

Loitering Issue - Past and Present Item 2.  Delaware State Statute – All applications / locations  Dover City Ordinance – Older, Limited, Parks only  Public Safety Concern  Muggings  Solicitation / Drug Sales  Vehicle & Pedestrian traffic  Economic Concern  Deters customer base (panhandling)  Stagnates economic investment  Societal Concern  Constitutional issues  Many offenders need services 13

Loitering Issue – Goals / Objectives Item 2.  Reduce loitering concerns with a focus on the Downtown area and the adjacent neighborhoods with concurrent problems.  Use a balanced approach that is situationally specific.  Connect “at-risk” individuals with appropriate resources  Community policing approach to serve as a deterrent  Liberal use of warnings to change behavior / gain compliance  Local Ordinance enforcement for minor offenses  State Statute enforcement for serious / persistent behaviors  Improve quality of life in affected neighborhoods  Improve the foundation for economic development 14

Delaware Law Item 2. There are three (3) State Laws in Title 11 that address the various forms of loitering. § 1320 Loitering on property of a state-supported school, college or university § 1321 Loitering (in general) § 1323 Obstructing public passages In each circumstance, Loitering is a simple violation with an outcome that typically involves a fine rather than any form of incarceration. However, it also creates a permanent record that can be located in a criminal history search. 15

Delaware Law Item 2. § 1320. Loitering on property of a state-supported school, college or university; A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same. Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place. 16

Delaware Law Item 2. § 1321. Loitering; A person is guilty of loitering when: (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make way, remove or pass, after reasonable request from any person; or (3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written permission from the principal; or (4) The person loiters, remains or wanders about in a public place for the purpose of begging; or 17

Delaware Law Item 2. § 1321. Loitering; A person is guilty of loitering when: (5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or (6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this paragraph, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person’s presence and conduct. No person shall be convicted of an offense under this paragraph if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm. 18

Delaware Law Item 2. § 1323. Obstructing public passages; A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so, the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person willfully enters upon or tampers with or obstructs any public utility right-of-way. 19

Dover City Code Item 2. Chapter 74 - PARKS AND RECREATION ARTICLE I. - IN GENERAL Sec. 74-11. - Loitering. No person shall enter, remain or loiter in or around any comfort station or other public structure in a park area, except to use such facility for the purpose for which it is intended. 20

Dover City Code Item 2. ARTICLE II. - POLICE DEPARTMENT Sec. 62-38. - Police cadet program. Created; purpose. Due to the continuing safety and security concerns expressed by merchants, patrons, and residents, city council has authorized the police cadet program to maintain a more visible presence in the City of Dover. The city manager and police chief shall expand or contract the number of police cadets at their mutual discretion. The objectives of the police cadet program are to: (1)Allow merchants to build a rapport with the police cadets, allowing the police cadets to understand their needs. (2)Provide additional patrols to curb loitering, alcohol violations and pan handlers. (Excerpt) 21

Item 2. Solution proposed > simple revision  Relocate the Dover Loitering Ordinance from Parks (Chapter 74) to Offenses and Miscellaneous Provisions (Chapter 70)  Update the ordinance language to closely reflect the court tested language found in the state statutes.  Consolidate the appropriate language of all three state sections into the updated ordinance language.  Remove language of local concern. 22

Dover City Code - Proposed Item 2. Chapter 70 - Sec. 70-9. - Loitering. A. A person is guilty of loitering when: (1) The person stands, sits idling or loiters upon any pavement, wall, bench, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, wall, bench, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make way, remove or pass, after reasonable request from any person; or (2) The person sits or stands in front of any store or shop entrance or display window in such a manner as to obstruct the free passage of persons entering or leaving said store or shop or to block the view of said display windows; or 23

Dover City Code - Proposed Item 2. Chapter 70 - Sec. 70-9. - Loitering. (3) The person loiters or remains in or about a non-state-supported school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written permission from the principal; or (4) The person enters, remains or loiters in or around any public structure in a park area, except to use such facility for the purpose for which it is intended; or (5) The adult person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or 24

Dover City Code - Proposed Item 2. Chapter 70 - Sec. 70-9. - Loitering. (6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime rate in the relevant area. Defense: A peace officer shall, prior to any arrest for an offense under this paragraph, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person’s presence and conduct. No person shall be convicted of an offense under this paragraph if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm; and 25

Dover City Code - Proposed Item 2. Chapter 70 - Sec. 70-9. - Loitering. (8) The person fails or refuses to move on when lawfully ordered to do so by any police officer, cadet, or other authorized individual. B. A person is guilty of loitering on property of a state-supported school, college or university when: (1) The person loiters or remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and; (2) The person does not having written permission from anyone authorized to grant the same. 26

Dover City Code - Proposed Item 2. Chapter 70 - Sec. 70-9. - Loitering. C. A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so: (1) The person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or; (2) The person willfully enters upon, or tampers with, or obstructs any public utility right-of-way. Fine should be the same for all sub-sections. 27

Proposal Context Item 2. 2019 • 148 Loitering Ordinance Violations were issued • 11 of them were paid & 5 were voided for cause • Many of these events were Cadets at work • The State Statute was charged only 34 times • In most cases, as a part of a larger charge list • All of these events would be sworn police officers • Enforcement Actions would occur after lesser measures were found to be ineffective or not indicated by the circumstances. 28

Item 3. ACTION FORM PROCEEDING: Council Committee of the Whole DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: September 19, 2022 PREPARED BY: Mary Ellen Gray and Dave Hugg SUBJECT: Code Revision: Chapter 70 Offenses and Miscellaneous Provisions REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: EXHIBITS: Ordinance Number 2022-15 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Amend Code as requested BACKGROUND AND ANALYSIS Summary/Synopsis Section 19 of the City Charter authorizes the City Council “to define and abate nuisances.” This ordinance sets forth City Council’s intention to regulate and abate nuisances, defines those activities which may be deemed as nuisances, and sets forth procedures and authorizes the imposition of fees and fines and other actions for violations. 29

Item 3. City of Dover CITY OF DOVER ORDINANCE #2022-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 70 – Offenses and Miscellaneous Provisions be amended by inserting the text indicated in 5 bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 CHAPTER 70 – OFFENSES AND MISCELLANEOUS PROVISIONS 8 9 Section 70-9, Nuisance – Findings: 10 11 (a). A public nuisance in the City is hereby declared to be the commission of any act by any 12 person, or the keeping, maintaining, propagation, existence or permitting of anything by 13 any person, which presents an actual or imminent threat to the public health, safety, and 14 welfare of any person, as defined pursuant to 24 CFR § 5.2003. 15 16 (b). A code enforcement officer, or any law enforcement officer, shall, upon obtaining 17 knowledge of the existence of a public nuisance, notify the City Manager or designee who 18 shall cause notice to be sent to the property owner and/or person creating, keeping, or 19 maintaining the nuisance or both to remove or cause it to be removed or abated within 72 20 hours. Any property owner and/or person found by a code enforcement officer who fails to 21 remove or cause to be removed or abated, upon conviction shall be punished as prescribed 22 in Appendix F- Fees and Fines or by any other legal remedy available to the City as set 23 forth in the codes and ordinances of the City or controlling State or Federal Law. 24 25 (c). It is prohibited and unlawful for a person to keep or permit to remain upon his or her 26 premises, or upon any premises owned, used, or controlled by him or her in any dwelling 27 house, warehouse, or other building, or upon any vacant lot, or in any yard or other public 28 or private place within the City, any nuisance including, but not limited to, conditions 29 occurring on the property which: 30 31 (1). Interferes with obstructs or renders dangerous for passage on any public or 32 private street, alley, highway, right-of-way, easement, sidewalk, stream, 33 ditch, channel, or drainage of any property; or results in the pollution of any 34 body of water or drainage system by sewage, dead animals, industrial wastes, 35 debris, or other contamination; or results in the blocking of drainage inlets, 36 pipes ditches, swales, channels, culverts, or streams; or 37 38 (2). Renders any other person unable to reasonably use their personal or real 39 property; or 40 41 (3). Provides harborage for rats, mice, snakes, insects, or other vermin; or 42 P.O. Box 475 ❖ Dover, Delaware ❖19903 30 Community Excellence Through Quality Service

Proposed Ordinance #2022-15 Chapter 70 – Nuisance Ordinance Page 2 Item 3. 43 (4). Results in any foul, offensive, or unlawful emissions, odors, or stenches and 44 the causes thereof; or 45 46 (5). Results in dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders; 47 or 48 (6). Results in any condition constituting a fire hazard as defined by the National 49 Fire Protection Association; or 50 51 (7). Results in topography which, whether in a natural state or because of erosion 52 grading operations, causes erosion, subsidence, or surface water run-off 53 which will, or maybe, injurious to persons or to adjacent public or private 54 properties; or 55 56 (8). Permits any material the existence of which constitutes, or may constitute, a 57 danger to a person or property including, but not limited to, hazardous 58 materials; or 59 60 (9). Creates an attractive nuisance which is or may create a risk of injury or 61 illness, no matter how slight, to children including, but not limited to, 62 abandoned or broken equipment or machinery, unfenced or otherwise 63 unprotected swimming pools, spas, or excavations; refrigerators, iceboxes or 64 deepfreeze lockers not being used, without removing the door or such portion 65 of the locking/latching mechanism as will prevent the locking or latching of 66 the door and uncapped or otherwise dangerous wells; or 67 68 (10). Allows for unlawful trespass or unauthorized occupancy, encampment, or 69 similar use by persons on the property. 70 71 (d) The City Manager, or designee, is hereby authorized and directed to implement the 72 provision of this Ordinance and to take all necessary administrative actions to 73 include, but not limited to, the adoption of administrative rules. 74 75 Section 70-10 Violations and Penalties 76 77 (a) The City may enforce the provisions of this Ordinance by any means available to the 78 City under the Code of Ordinances of the City of Dover, Delaware, including but 79 not limited to imposition of fees and fines as set forth in Appendix F, Fees and Fines, 80 or revocation of business and/or rental licenses, or voiding of any other city-issued 81 permit, or as may be available under the controlling provisions of State law. 82 83 Section 70-11 Severability 84 85 (a) If any section, sentence, phrase, word, or portion of this Ordinance is 86 determined to be invalid, unlawful, or unconstitutional, said determination 87 shall not be held to invalidate or impair the validity, force or effect of any 88 other section, sentence, phrase, word, or portion of this Ordinance not 89 otherwise determined to be invalid, unlawful, or unconstitutional. P.O. Box 475 ❖ Dover, Delaware ❖19903 31 Community Excellence Through Quality Service

Proposed Ordinance #2022-15 Chapter 70 – Nuisance Ordinance Page 3 Item 3. 90 That Appendix F Fees and Fines, Chapter 70 Miscellaneous Provisions be amended by inserting the text 91 indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 92 93 APPENDIX F – FEES AND FINES 94 Chapter 70 Miscellaneous Provisions 95 That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be amended by 96 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 97 Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines Sec. 70-1. Combative fighting Subsec. (d)(1) Violations; penalties, fines Not to exceed $1,000.00. Separate fines may be issued to the promoter of such an event, participants in such an event, and the owner of the premises of such an event Sec. 70-2. Weapons generally (e)(1) Penalties; fines Not less than $500.00, nor more than $1,000.00 Sec. 70-7. Registered sexual offenders Subsec. (f) Penalties $500.00 for any offense; each day shall constitute a separate offense Subsec. 70-8. Disorderly premises Not to exceed $1,000.00 for any offense. Sec. 70-10 Violations and Penalties Each day that a nuisance violation continues may be considered a new violation. If not paid, fines may be subject to a lien on property of the owner. 1st offense is at the discretion of the Code Enforcement Officer Either a warning or a $100 fine 2nd offense $200 fine 3 and subsequent offenses rd Minimum fine of $300, not to exceed $1,000 per incident 98 99 100 P.O. Box 475 ❖ Dover, Delaware ❖19903 32 Community Excellence Through Quality Service

Proposed Ordinance #2022-15 Chapter 70 – Nuisance Ordinance Page 4 Item 3. 101 102 ADOPTED: * 103 104 105 SYNOPSIS 106 Section 19 of the City Charter authorizes the City Council “to define and abate nuisances.” This 107 ordinance sets forth City Council’s intention to regulate and abate nuisances, defines those activities 108 which may be deemed as nuisances, and sets forth procedures and authorizes the imposition of fees and 109 fines and other actions for violations. 110 111 112 (SPONSORS: ANDERSON, TAYLOR, AND HUGG) 113 114 115 Actions History: 116 September 27, 2022 - Introduced at Safety, Advisory, and Transportation Committee 117 P.O. Box 475 ❖ Dover, Delaware ❖19903 33 Community Excellence Through Quality Service

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: Sept 27, 2022 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Electric Service Handbook Revisions REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer EXHIBITS: Exhibit A – Electric Service Handbook with Requested Revisions EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: FUNDING SOURCE (Dept./Page in CIP & Budget): TIMETABLE: Enact with Council Approval RECOMMENDED ACTION: Staff recommends approving the presented revisions to the Electric Service Handbook BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to request approval for the presented changes to the Electric Service Handbook. In July 2022, Gov. Carney signed Senate Bill 298 which amended the wording to Title 26. These changes primarily impact the Net Metering portion of the Handbook but there are minor typographical corrections as well. Notable changes resulting from SB 298 are: 1. Increase of the net metering cap from 5% to 8% of net metering penetration. This means that the city is mandated to approve up to 8% of the average three years of load received from the interconnection with Delmarva Power. There is currently a net metering penetration of 4%. 2. Clarifies that calculation of system sizes will be Alternating Current (AC) not Direct Current (DC). 3. Elimination of the annualized payment for excess kWh credits. This removes the requirement of the city to issue payment to net metering customers who have outstanding kWh credits at the annualized billing date. According to Customer Service there are no customers who qualify for this rebate. 4. Allows charging up to $200 for bidirectional net meter. Current cost of the meter is $425 and absorbed wholly by the Department. An addition of a $50 charge to multiple meter testing was added due to repetitive requests to test operational meters, page 27. There were also some other minor typographical and formatting changes made as well as removal of figures and tables in the NESC and NEC since they may change in subsequent versions. Figure M2 was also modified to correct an error in the meter pan height. 37

Item 1. CITY OF DOVER ELECTRIC SERVICE HANDBOOK Approved by City Council September 2022 38

Item 1. CITY OF DOVER ELECTRIC DEPARTMENT 860 BUTTNER PLACE DOVER, DE 19901 The Electric Department consists of a dedicated team of individuals who provided superior electric service and support to the customers of the City of Dover. Divided into three divisions, Transmission and Distribution, Engineering Services and Administration, the 40+ employees perform activities such as construction, maintenance, engineering design, engineering support, mapping, relay/substation maintenance, 24/7 system operations, metering, financial and administrative support. The guidance listed in this handbook will provide existing or potential customers with information on a variety of topics. Whether installing a new service, requesting a new light for your property or procedures for installing renewable energy systems it should be covered in here. If you would like to speak to a representative in the office, please refer to the following phone listing: Engineering Support – 302-736-7072 Focal point for electricians, contractors, and builders to contact regarding electrical services, applications, service requirements, scheduling trench inspections and appointments for field engineering site visits. System Operations – 302-736-7086, option 3 This would be for reporting power outages, light outages, after hours support for all City Departments (1630-0700) Administrative Services – 302-736-7070 Customer Service – 302-736-7035 Obtaining information regarding rates, billing questions, deposits, credit information, new service applications and security lights. Goals: 1. The primary goal of the Electric Department is to safely provide highly reliable electric service. 2. To plan and perform our work in an efficient and minimally impactful manner. 3. Promote cross communication with the customer and treat everyone respectfully. 4. Formulate long range upgrade plans Our Mission Statement is: “To support the current and future growth of all residential, commercial, industrial and defense customers we serve by safely providing reliable and affordable electricity while being economic and environmental stewards and continually looking for areas of improvement.” Our Five Year Vision is: “To offer exceptional service to our customers by integrating new technologies while being respectful of resources, financials, employees and the people we serve.” STATE APPROVED INSPECTION AGENCIES 2 39

Item 1. The link below is the most current list of approved inspection agencies in Delaware. Please refer to the DPR.Delaware.gov website for the most current listing. The City of Dover does not perform any electrical inspections of private, commercial, and industrial property. https://dprfiles.delaware.gov/electrician/Licensed_Elec_Inspection_Agencies1.pdf Call Miss Utility at 811 or 800-282-8555 to locate the underground facilities (all utilities may not be members of this organization). For those who are about to dig anywhere on the Delmarva peninsula, this one call enables you to make one toll free telephone call to have the member companies' facilities located. To check on the status of a locate ticket, go to https://call811.com/811-In-Your- State/Map/State/Delaware Privately owned utilities will not be located by the members of this organization. Any damages to underground facilities due to digging prior to marking will be the responsibility of the person or entity that struck the facility. In the event a facility is struck, contact 736- 7086 option 3 to report the damage. 3 40

Item 1. TABLE OF CONTENTS 1. GENERAL I. GENERAL INFORMATION 9  DEFINITIONS 11  SUPPLY VOLTAGES 15  CLASS OF SERVICE 15  INSPECTIONS 15 II. SERVICES AND EXTENSIONS  EXTENSIONS 16  SERVICES 17  MANUFACTURED HOME PARKS 17 III. LIGHTING  SECURITY LIGHTS 18  STREETLIGHTS 19 IV. MOTOR PROTECTIVE DEVICES 19 V. GENERATORS 20 VI. POWER FACTOR CORRECTION 20 VII. CUSTOMER OWNED TRANSFORMER 20 VIII. SUBSTATIONS 20 IX. SENSITIVE ELECTRONIC EQUIPMENT 20 X. PRIMARY CUSTOMER 21 XI. TEMPORARY ELECTRIC SERVICE 21  OVERHEAD 22  UNDERGROUND 22 XII. RIGHTS OF WAY 23 XIII. ACCESS 23 XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY & NOTICE 23 4 41

Item 1. XV. CITY’S RIGHT TO DISCONTINUE SERVICE & NOTICES 24 XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 25 XVII. RELOCATION OF ELECTRIC FACILITIES 25 XVIII. RIGHT TO REMOVE CITY’S EQUIPMENT 25 XIX. CITY’S RIGHT TO INSPECT 25 XX. DEFECTIVE INSTALLATIONS 26 XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER STRUCTURAL OR SIMILAR INCIDENT 26 2. ELECTRIC METERS I. CITY RESPONSIBILITY 27 II. CUSTOMER RESPONSIBILITY 27 III. ELECTRIC SERVICE CONTRACT 27 IV. METER LOCATION 28 V. METER SOCKET REQUIREMENTS 28 VI. 480 VOLTAGE SPECIFICATIONS 29 VII. METER SOCKET MOUNTING 30 VIII. METER AND METER SOCKET ACCESSIBILITY 30 IX. METER SOCKET IDENTIFICATION 30 X. METER TAMPERING 30 XI. INACTIVE METERS/METERS REMOVED FOR CAUSE 31 XII. TERMINATION WITH NOTICE 31 XIII. TERMINATION WITHOUT NOTICE 31 XIV. METER TESTING 31 XV. METER ADJUSTMENTS 31 XVI. CHANGE OF INSTALLATION 32 XVII. FEES / CHARGES 32 XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY 33 XIX. RIGHT TO REMOVE CITY’S EQUIPMENT 33 5 42

Item 1. 3. TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS OF CUSTOMER OWNED GENERATION I. PURPOSE 34 II. APPLICABILITY 34 III. INTERCONNECTION APPLICATION 34 IV. DESIGNATION OF CITY CONTACT PERSONS FOR MATTERS RELATING TO DISTRIBUTED 35 GENERATION CONNECTION V. PRE-INTERCONNECTION STUDIES 35  COMPLETION OF PRE-INTERCONNECTION STUDY 35  PRE-INTERCONNECTION STUDY FEE 35 VI. NETWORK INTERCONNECTION OF DISTRIBUTED GENERATION 36 VII. PRE-APPROVAL OF GENERATION UNITS, DEVICES & SYSTEMS 36 VIII. CONNECTION APPROVAL 36 IX. INTERCONNECTED GENERATION SITE WARNING LABEL 36 X. DISCONNECTION AND RECONNECTION 36  APPLICATION TERMINATION 36  NON COMPLIANCE 36  IN CASE OF A SYSTEM EMERGENCY OUTAGE OF THE CITY’S PRIMARY ELECTRICAL SOURCES 37  FOR ROUTINE MAINTENANCE AND REPAIRS 37 XI. TERMINATION 37 XII. PRIVILEGED COMMUNICATIONS CONCERNING PROPOSED DISTRIBUTED GENERATION PROJECTS 37 XIII. TECHNICAL GUIDELINES FOR PARALLEL OPERATION OF ON-SITE DISTRIBUTED GENERATION UNITS 37  GENERAL INTERCONNECTION & PROTECTION REQUIREMENTS 38  PREVENTION OF GENERATOR OWNER GENERATION INTERFERENCE TO CITY SYSTEM 39  VOLTAGE 39  FLICKER 40 6 43

Item 1.  FREQUENCY 40  HARMONICS 41  POWER FACTOR 41  CURRENT 41  FAULT & LINE CLEARING 42  AUTOMATIC RECLOSING 42  CONTROL, PROTECTION & SAFETY EQUIPMENT REQUIREMENTS SPECIFIC TO 42 GENERATORS OF 500 KW OR LESS  CONTROL, PROTECTION & SAFETY REQUIREMENT SPECIFIC TO THREE PHASE 42 SYNCHRONOUS GENERATORS, INDUCTION GENERATORS & INVERTER SYSTEMS  THREE PHASE SYNCHRONOUS GENERATORS 43  THREE PHASE INDUCTION GENERATORS & INVERTER SYSTEMS 43  REQUIREMENTS SPECIFIC TO GENERATORS PARALLELING FOR 0.1 SECOND OR LESS 43  INVERTER TYPE 44  INSPECTION & START-UP TESTING 44  SITE TESTING & COMMISSIONING 44  METERING 44  DEDICATED TRANSFORMER 44  SUGGESTED REFERENCES 44 4. NET METERING I. GENERAL PROVISIONS 46 II. METERING AND TARIFF REQUIREMENTS 47 III. NET METERING CONDITION 1 AND CONDITION 2 48 IV. NET METERING CONDITION 2 49 V. NET METERING CONDITION 3, HOST SYSTEM 50 VI. NET METERING CONDITION 3, STANDA ALONE SYSTEM 50 VII. NET METERING CONDITION 3 SUBSCRIBERS 50 7 44

Item 1. VIII. NET ENERGY METERING 52 IX. DEFINITIONS 53 5. APPENDIX I. DRAWING M1 55 II. DRAWING M2 56 8 45

SECTION 1 Item 1. GENERAL I. GENERAL INFORMATION 1. This Handbook is designed to be used as a reference and contains the rules and regulations regarding the requirements, policies, and procedures between customers, contractors, architects, engineers, and the City Electric Department, here forward known as “The City”. The City has the right to change, modify, or charge for services not normally performed to protect the interest of the City and the rate payers. 2. There shall be an Electric Director who has authority over the Electric plant, Electric Transmission & Distribution System and their appurtenances and is under the general supervision and authority of the City Manager. 3. The City will cooperate in every way in completing service connections as promptly as possible and will give special attention to unusual problems which may confront the customer, contractor, architect, or engineer. The City reserves the right to change service requirements where non-standard circumstances exist. 4. Observance of the requirements contained herein will enable the City to render prompt and satisfactory service. Assistance in the interpretation or clarification of these requirements may be obtained by contacting the Electric Department at 302-736-7070 or Customer Service at 302-736-7035. 5. The requirements in this handbook do not replace, but are supplemental to, the ordinances adopted by the Dover City Council. 6. The City may supplement, alter, or otherwise change the policies contained herein as may be necessitated by changing conditions, for the protection of the interest of the customer, the City or the general public. It will be the responsibility of the contractor, electrician, developer, etc., to obtain and keep current their copy of this handbook. The most current version of this document will be found on the City of Dover website. 7. The standard electric service supplied by the City is alternating current with a nominal frequency of 60 hertz (cycles per second). 8. As the voltage, number of phases and type of metering which can be supplied depends upon the City's facilities available at or near the customer's location, the customer shall consult the Electrical Engineering division at 302-736- 7070 before proceeding with the purchase or installation of wiring or equipment. 9. THE CITY DOES NOT GUARANTEE CONTINUOUS ELECTRIC SERVICE AND WILL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE OR EXPENSE TO ANY CUSTOMER OCCASIONED BY AN INTERRUPTION, LOSS OF PHASE OR PHASE REVERSAL IF DUE TO ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE CITY. a. The City shall not be liable for damages resulting from the presence of electric current associated with the City's equipment on the customer's premises, or from the use of electric service of the City by the customer. 10. When it becomes necessary to make repairs to or changes in the City's electric system, the City may suspend the delivery of service for such periods as may be reasonably necessary without incurring any liability because of such 9 46

service interruption. However, when possible the City will make every reasonable effort to schedule such repairs and Item 1. changes with its customers. 11. The customer is responsible for trimming trees on private property to provide necessary clearance for electric service drops. This should only be done by qualified persons familiar with this type of work. The City will assist removing tree limbs which have broken and are lying on the service drop upon request. 12. In all cases where new installations, alterations or additions to existing installations are to be made, the Electric Engineering Division must also be consulted about the size and character of the anticipated electric load so they may advise the customer about the electric facilities available at their specific location. These consultations are distinctly advantageous to the customer or representatives so that errors in equipment ratings and any deficiency in electric service capacity available at a given location may be avoided. Advance consultation may also avoid unnecessary additional expense or delays on the part of the customer or their contractor. 13. Furnishing electric service to a prospective customer is necessarily dependent upon the ability to obtain adequate rights-of-way and/or easements for this purpose from the customer. 14. Service entrance, meter and wiring on temporary installations shall be installed in the same manner as for permanent installations. DEFINITIONS Terms used in this document shall have the following meanings: 10 47

1. ACCOUNT – An account is one metered or un-metered rate or service classification which normally has one electric delivery point of service. Each account shall have only one electric service supplier providing full electric supply Item 1. requirements for that account. A premise may have more than one account. 2. APPROVED when referring to a customer's electrical installation, shall have met the requirements of an authorized inspection agency. "Approved" when referring to equipment or material, shall have met the standards of a recognized laboratory, or a standard/design recognized by the City. 3. CITY as used throughout this handbook refers to the City of Dover Electric Department. 4. CONDUCTOR – SERVICE shall mean all overhead or underground electric conductors and appurtenances located between the last pole or underground terminal of the City's electric power conveyance system and the point of connection with the customer's electric wiring. 5. CUSTOMER is any adult person, partnership, association, corporation, or other entity: (i) in whose name a service account is listed, (ii) who occupies or is the ratepayer for a premises, building, structure, etc., and (iii) who is primarily responsible for payment of bills. A customer includes anyone taking Delivery Service or combined Electric Supply & Delivery Service from the City under one service classification for one account, premises or site. Multiple premises or sites under the same name are considered multiple customers. 6. DISTRIBUTED GENERATION or ON-SITE DISTRIBUTED GENERATION is an electrical generating unit of less than or equal to 500 kW which may be connected in parallel operation to the City’s system. 7. ELECTRIC APPARATUS shall mean any condenser, conductor, transformer, adapter, electrical generator, electrical appliance, or any article through which or by means of which electricity is carried, consumed, or created. 8. ELECTRIC DEPARTMENT shall mean that Department of the City authorized by Section 25 of the Dover Charter (1961) that supplies electric power to the City and its inhabitants and certain other customers. 9. ELECTRIC WIRING shall mean any wiring which, at any time, is used to conduct electric current or energy. 10. EXCESS kWh CREDIT is valued at the sum of the volumetric components of the supply service charges and distribution service charges, not including the charges for societal benefits programs, according to each participating customer account’s rate schedule. 11. EXTENSION is any construction beyond the normal service facilities (which include the service extension to the customer, transformers, transformer devices, service drop and meter) to extend the distribution system along the normal route of development of the distribution system to the point where the extension departs from the normal route development and is being installed as a service extension solely for the customer. 12. GENERAL MASTER ELECTRICIAN shall mean a person engaged in the business of, or holding himself out to the public as engaged in the business of installing, erecting and repairing, or contracting to install, erect or repair, electric wire or conductors to be used for the transmission of electric current for electric light, heat or power purposes, or moldings, ducts, raceways or conduits for the reception or protection of those wires or conductors, or to electrical machinery, apparatus, devices or fixtures to be used for electric light, heat or power purposes, or planning, estimating or laying out and supervising that electrical work as licensed by the State of Delaware. 11 48

13. GENERATOR OWNER is the owner of the generating system that is interconnected to the City. Item 1. 14. GRID is the interconnected arrangement of lines and transformers that make up the City’s electric power system. 15. GROUP METERING refers to those meter installations at multiple occupancy buildings where the individual meters for several customers are arranged in a bank or grouping in the same area and are energized from the same service point. 16. INSPECTION AGENCY means the person or agency duly authorized and licensed by the State of Delaware to make such inspections. The City will render service only after receipt by the City of a notice of approval issued by a recognized inspection agency. 17. INTERCONNECTION is the physical connection of distributed generation to the City’s system in accordance with these guidelines so that parallel operation can occur. 18. INTERCONNECTION APPLICATION is the standard form of application which must be submitted by the Generation Owner to the City for permission to interconnect with the City system. The approved Interconnection Application sets forth the contractual conditions under which the City and Generator Owner agree that one or more generating units whose aggregate generation at the Point of Common Coupling is less than or equal to 500 kW may be interconnected at 12.47kV or less with the City’s system. 19. INVERTER is a static power converter with control, protection and filtering functions that converts Direct Current input to Alternating Current output. Inverters must meet the specifications of IEEE 1547 and UL 1741, Anti-Islanding Protection to be installed on the City’s grid. 20. ISLAND is defined as a portion of the utility system which contains both load and distributed generation and is isolated from the remainder of the utility system. 21. NATIONAL ELECTRICAL CODE (N.E.C.) refers to the latest edition of the National Electrical Code suggested for adoption by the National Fire Protection Association and can be found at https://www.nfpa.org/ 22. NATIONAL ELECTRICAL SAFETY CODE (N.E.S.C.) refers to the latest edition of the National Electrical Safety Code approved by the American National Standards Institute (ANSI) and can be found at http://standards.ieee.org/about/nesc/. 23. NON-RESIDENTIAL shall mean a place of business, public, utility, private, or lighting service, apartment home or building, condominiums and any other service not installed to feed an individual residence. All services shall be individually metered. 24. PARALLEL OPERATION is any electrical connection between the City’s system and the Generator Owner’s generating source. 25. POINT OF COMMON COUPLING is the point where the electrical conductors of the City system are connected to the customer’s conductors and where any transfer of electric power between the Generator Owner and the City System takes place (such as switchgear near the meter). 12 49

26. PRE-APPROVED EQUIPMENT is a specific generating and protective equipment system(s) that have been approved Item 1. by the City as meeting the applicable parts of this document for a specific function and application. 27. PRE-INTERCONNECTION STUDY is a study or studies which may be undertaken by the City in response to its receipt of a completed application for parallel operation with the City’s system submitted on the Interconnected Application form prescribed by these guidelines. Pre-Interconnection Studies may include, but are not limited to service studies, coordination studies and facilities impact studies. 28. PRIMARY SERVICE is defined as conductors and equipment rated for voltages greater than 750 volts. 29. QUALIFYING FACILITY (QF) is cogeneration facility or a small power production facility that is a qualifying facility under Subpart B, Section 292.202 of the Federal Energy Regulatory Commission’s regulations per the Public Utility Regulatory Policies Act of 1978. 30. RESIDENTIAL shall mean a structure, dwelling or home in which one (1) electrical service is run to feed an individual customer. 31. SEASONAL ELECTRICAL SERVICE shall mean electric service required for a period of less than one (1) year at a permanent location or at the same location annually for a particular event or a season of the year. 32. SERVICE has several meanings, depending upon its contextual use. a. It may be used as a general reference to the supply of electricity by the City for the use by the customer. b. It may refer to the conductors which physically connect the utility lines and the customer's electric facilities. These may be primary or secondary voltage, and overhead or underground. When overhead, the service is generally called an "Overhead Service". When underground, the service is generally called an "Underground Service". c. It may mean the actual physical tie, or the act of making that physical tie between the City's distribution or service conductors and the customer's electric facilities. This is more generally known as a "Service Connection". 33. SERVICE ENTRANCE refers to the customer owned cable/equipment (generally conductors, overhead and underground conduit, and meter socket) which is located between their service connection and the service receiving equipment (main switch, distribution panel, load center, etc.). 34. STABILIZED is a condition of City’s system following a disturbance which returns to the normal range of voltage and frequency for at least 5 minutes or longer as coordinated with the City. The City may require a longer period upon a reasonable showing that the reconnection after 5 minutes will adversely affect the safety and reliability of the electric system. 35. STARTING CURRENT when this term is applied to a motor or other electrical device, means the maximum current per phase drawn by the motor or device. 36. SUPPLY SERVICE CHARGES are the costs of providing electrical services to the customer. This is reflected in the charge per kWh on the utility bill and does not include other charges such as the Customer Charge, Demand Charge or Power Factor Adjustment. 13 50

37. UNDERWRITERS LABORATORIES, INC. refers to the Underwriters Laboratories, Inc., headquartered at 333 Pfingsten Item 1. Road, Northbrook, Illinois 60062. 38. UNIT is defined as a distributed generation facility. 39. UTILITY SYSTEM or ELECTRIC DISTRIBUTION FACILITY is the City’s distribution system operating at 12.47 kilovolts or below to which the generation equipment is interconnected. SUPPLY VOLTAGES 1. In this Handbook, all references to voltages are standards or nominal voltages and actual voltages supplied may vary above or below these values within the limits prescribed by accepted good practice and the regulatory authorities having jurisdiction. Generally, voltage should stay within plus or minus ten percent of nominal voltage. The City may specify the voltage and the minimum and maximum load that it will supply at any particular voltage. The customer is responsible for using appliances of the correct voltage rating (240V motors are not to be used with 208Y/120 volt). 14 51

2. Not all types of electric service listed below are available at all locations. Subject to limitations, the class of secondary Item 1. electric service available, with the nominal voltages are: CLASS OF SERVICE Single-phase 3 wire 120/240 volts Three-phase 4 wire 208Y/120 volts Three-phase 4 wire 480Y/277 volts 3. Existing 120/240 volt three-phase services will be maintained until such time the service is upgraded, changed, or disconnected. 4. Primary electric service also may be available at 12470/7200 volts but is dependent upon location and size or type of the load to be served. Such electric service may be made available under suitable contractual arrangements, as determined by the City under the applicable electric service ordinances, rules and regulations, and electric tariffs approved by City Council. INSPECTIONS 1. The City will render electric service from its distribution system to any facility only after receipt by the City of a State of Delaware recognized electrical inspection agency certificate. 2. All new wiring and equipment, or changes in wiring and equipment, must be installed in accordance with the latest edition of the National Electrical Code (N.E.C.) and the City's requirements to be approved for connection to the City's electric system. 3. The City may refuse to render service to a customer where it has knowledge of, or reason to believe, that the customer's wiring or equipment does not comply with recognized requirements. The City shall be under no obligation to inspect the wiring and equipment of any customer. 4. Trench inspections, when made by the City, are to ensure compliance with its own requirements and to cooperate with customers, contractors, architects, and engineers. The City does not assume the responsibility for the customer's wiring or equipment or for any loss, injury, or damage that may result from any defects that may exist in the customer's wiring or equipment. 5. The City will issue an inspection wavier only for an existing service and will only be issued to the owner or approved licensed electrician. Waivers will be issued when the City determines the connection is an emergency. Waivers must be cleared through a follow up inspection within 15 calendar days. If the wavier is not cleared within 15 calendar days, the service will be disconnected. II. EXTENSIONS AND SERVICES 1. The City will construct line extensions to supply service to customers in residential, commercial, or industrial developments in specific areas, upon payment of primary extension fees calculated by using the current cost of equipment to complete the extension. The developer (or property owner) provides, without charge to the City, right- of-way for lines and equipment which is suitable in the opinion of the City for the installation of City facilities 15 52

throughout the development. Suitable right-of-way includes, but is not limited to, providing ground line clearing of trees, brush and other obstructions, rough grading, and access by mechanical construction equipment. When Item 1. restoration of service to the premise is not possible due to an obstruction the customer, or the owner of the property on which the obstruction is situated is responsible for removing the obstruction. 2. The City will extend and maintain the service to a point of connection determined within the service classifications defined in the Rates and Tariffs Handbook. If your service is classified as Residential, the City will maintain the service up to the meter pan and to include the meter. If your service is classified as commercial, the City will maintain up to the nearest point of connection, i.e., transformer or pedestal. From this point up to the meter pan is the responsibility of the service owner. For extensions utilizing 500 MCM or smaller wire, the City will provide the appropriate connector. a. Residential Overhead – The City will extend its system to the service mast or service drop attachment; b. Residential Underground - The City will extend its system to the meter enclosure; c. Commercial Overhead – The customer will be responsible for the service to the nearest point of connection, generally at or near the property line; d. Commercial Underground – The customer will be responsible for the service to the nearest point of connection, generally at or near the property line. EXTENSIONS – RESIDENTIAL AND NON-RESIDENTIAL 1. Underground & overhead extensions (overhead only allowed under special circumstances with final determination and approval, solely determined by the City) will be designed by the Engineering division to the point of ownership designated in the service classification. Service point locations will be determined by the City and the City will extend the service to the designated point of connection. a. Non-residential – The owner/developer shall supply and install all conduits per City design and standards and will be responsible to pick up and install all below grade equipment, pads and pedestals per the City specifications from the City warehouse. The owner/developer will be responsible for 100% (including current warehouse overhead rate) of the material/equipment cost as quoted in the primary extension fee; however, the City will continue to own and maintain this equipment. The City will not accept or install any materials supplied by the contractor or customer. b. Residential developments having more than one (1) home will have a set fee that is recalculated annually based on 100% material costs (including current warehouse overhead rate) for City determined average development. Please contact the Engineering division at 302-736-7070 for the current per lot rates for developments. The developer will be responsible to supply and install all conduits per City design and standards. The developer will be responsible to pick up and install all below grade equipment, pads and pedestals per the City specifications from the City warehouse. Due to the size of some developments, the extension fees may be paid on a mutually agreeable lot phasing plan. These fees will be subject to the “per lot” fee at time of payment. 16 53

c. Single residential homes not part of a group development shall supply and install all conduits per City design and standards. The owner/developer will be responsible to pick up and install all below grade equipment, padsItem and1. pedestals per the City specifications from the City warehouse. The owner/developer will be responsible for 100% of the material/equipment cost (including current warehouse overhead rate). SERVICES – RESIDENTIAL AND COMMERCIAL 1. All new services will be installed underground to the City’s designated point of connection. Any upgrades, alterations, or changes being made to an existing overhead service may require the owner, at their expense, to bury the overhead lines to underground. No service shall be tampered with in anyway without notifying the Electric Department prior to work being performed. 2. Customers may request to have the service disconnected or request to have the meter seal removed by a qualified electrician to make repairs on the customer owned facility. Any changes or repairs that require the neutral of the service to be broken will require an electrical inspection by a State of Delaware Inspection Agency. All services must be in accordance with latest version of NEC and NESC. 3. Should an existing service require a service mast, the following will apply: a. Service masts of galvanized steel conduit or other metal masts of equivalent strength may be used. b. Minimum size acceptable is 2 inch galvanized rigid conduit and shall normally be limited to a height of 3 feet above the roof without guying, for up to a 200-amp service. 4. The attachment for the overhead service shall be supplied by the customer/contractor. Service drop wires should be installed over buildings and roofs as per NEC. No service drop will be installed over a swimming pool. MANUFACTURED HOME PARKS 1. All applicable provisions of this Article shall apply to electric service in manufactured home parks. Manufactured home park operators shall comply with this handbook. Since July 1, 1982, all manufactured home parks shall not be installed under a “single meter” service classification which means they are prohibited from reselling electric power. All manufactured homes must also conform to the N.E.C. regulations for manufactured homes, and any changes necessary will be at the expense of the owner. 2. The manufactured home park operator is responsible for contacting the City for the design of the electrical distribution system at the manufactured home park to permit the delivery of energy through individual meters to each manufactured home tenant. 3. The City will supply all facilities as required up to the meter socket pedestals. Installation of meter socket pedestals is the sole responsibility of manufactured home park operator. The location of the meter sockets will be determined by the City Electric Engineering division. In accordance with City of Dover Ordinance #2016-16, page 3, Sec. 66-5, paragraph (a) iv, community owners are responsible to coordinate with the City regarding utility services and equipment. This is to include the notification of empty lots in a timely manner to allow the City to remove any unused equipment until the lot is occupied. The manufactured home park owner is responsible for any electrical work from the load side of the meter to the manufactured home. 17 54

4. Itemat1. To calculate fees, manufactured homes will be classified as primary extensions – non-residential and will be billed 100% material costs (including current warehouse overhead rate). III. LIGHTING GENERAL 1. It is the current policy of the City to equip new developments with Light Emitting Diode (LED) lights to reduce energy usage. Please refer to the Rates and Tariffs Handbook to view the most current rates for lighting options available. The City reserves the authority to trim vegetation and/or trees in the public right-of-way to ensure that lighting is not blocked, or the area shadowed because of this growth. SECURITY LIGHTS 1. Un-metered security lighting will be installed by the City and billed at the appropriate tariff rate. Such lighting will be installed on existing City poles or lighting service poles may be installed on public or private property by the City as per the City's lighting policy. Pole and light type will comply with the current City policy. Customers who apply to have a security light installed accept a two (2) year minimum contract with the City. If at any time the contract is terminated within two (2) years of execution, the prorated installation and full removal cost of the light will be billed to the customer. 2. Decorative and roadway poles are optional for security lighting in residential areas at the appropriate tariff rate. Decorative and roadway poles require a five (5) year minimum contract. If at any time the contract is terminated within five (5) years of execution, the prorated installation and full removal cost of the light will be billed to the customer. 3. Lighting types and styles may be changed without notice. If the current type/style is no longer available, a suitable replacement of similar size and style will be installed by the City and the appropriate rate will apply. STREETLIGHTS 1. Existing City maintained or Annexed Streets a. City residents must submit a request for street lighting to the Electrical Engineering Division at 302-736-7070. b. A calculation of the amount of required lighting is completed, the cost of installation and operations, and a decision is made concerning the application of street lighting based on standards for roadway lighting for pedestrian or vehicular traffic. 2. New Developments (Streets) a. The Electrical Engineering Division designs and furnishes to the developer the layout plans and specifications for the lights. The City retains the sole authority to determine the lighting requirements and the installation sequence for the development. The plans will be submitted to the developer along with the electrical extension plans. 18 55

b. The developer is responsible for the installation of the conduits and below grade equipment according to the plans and specifications. The developer will be responsible for the rental costs of all street or alleyway lights, as perItem the1. applicable tariff rate, until such time as the streets are dedicated to the City. c. The City will install the standard street light pole and LED head for the current market rate; this fee will be routinely re-evaluated and will recover 100% of the material cost (including current warehouse overhead rate). This fee will be billed at the same time as the “extension - lot fee” which is collected prior to the installation of any electric facilities, see Section II, page 17. Any non-standard street light installation will be based on the actual cost of the materials (including current warehouse overhead rate), for example the lights at Eden Hill. The City will not be responsible for maintaining the stock of non-standard streetlights, this will be the responsibility of the customer or developer. 3. Developments Outside of City or Private Streets a. Residents must submit a request for street lighting to the Kent County Engineering division, (302) 744-2430 or the State of Delaware Department of Transportation, (800) 652-5600. b. A determination is made of the number of lights required; and both parties shall agree to the design before construction begins. The same tariffs apply as security lighting with minimum five (5) year minimum contract based on the style of light. IV. MOTOR PROTECTIVE DEVICES 1. All motor protection devices shall be installed and maintained by the customer. a. All motors, single or three-phase, shall contain devices that will protect the motor and circuit against overload or short circuit. Refer to the N.E.C. for motor protection details. b. Motors equipped with reduced voltage starters that cannot be safely subjected to full voltage at starting shall contain a device to ensure that, on the failure of the supply voltage, the motor will be disconnected from the line and the starter returned to the "off" position. To prevent unnecessary shutdowns, it is recommended that this starter be equipped with time delay feature to prevent the starter from dropping out and to permit the motor to continue to operate during a momentary voltage change. c. The direction phase rotation and the continuity of all three phases of the alternating current supply are carefully maintained; however, the City cannot guarantee against accidental or temporary change or failure thereof. Therefore, motors or other apparatus requiring unchanged phase rotation or continuity of three-phase supply shall be equipped, by the customer, with suitable three-phase protection against reversal or phase failure. V. GENERATORS 1. The City must always be consulted concerning the installation of any emergency electric generating equipment. In all cases of emergency standby generation (non-cogeneration) a double throw switch shall be installed between the generator and the City's supply as per N.E.C. 19 56

2. Cogeneration and Solar equipment are subject to the rules and regulations contained in the Interconnection Item 1. Agreement. Please refer to Chapter 4, Net Metering in this handbook for more details. VI. POWER FACTOR CORRECTION 1. Attention is called to the desirability and importance of maintaining the power factor of any load as near unity as possible. A high power factor will increase the capacity of conductors and equipment, increase overall efficiency, and will decrease operating costs for those customers whose rates contain a Power Factor Clause (see current Rates and Tariff Handbook). Where large motors are to be installed, consideration should be given to the use of capacitors to improve the power factor. VII. CUSTOMER-OWNED TRANSFORMER 1. Where a customer is to receive primary metered service and the transformers and protective equipment are customer owned; such transformers and protective equipment shall comply in all respects with the N.E.C., City specifications and any other applicable standard/regulation. Maintenance and operation are the responsibility of the customer. Please refer any questions to the Electric Engineering Division at (302) 736-7070. VIII. SUBSTATIONS 1. The City shall always be consulted and shall approve the facilities prior to the completion of the plans. For example, this approval may include the design, location, and construction of customer-owned substations. Any expense related to the interconnection of the substation shall be borne by the substation owner. IX. SENSITIVE ELECTRONIC EQUIPMENT 1. Sensitive electronic equipment (computers, industrial process controller, etc.) should be protected from electrical noise, power surges, and related disturbances through the customer installed equipment. Refer to Section XIV, page 23 for more information on liability and responsibility. X. PRIMARY CUSTOMER 1. A primary customer is one who owns and maintains all primary cables, wires, transformer(s), secondary cables, and all associated equipment on the load side of the metering point. The City will provide and install all metering equipment at the customer’s expense. The exact location will be determined by the City. a. Overhead: The metering installation will be located at or near the property line (metering point). The point of attachment (demarcation point) is defined as the load side of CT; the City will make this connection. b. Underground: The metering installation will be located on a riser pole, or underground metering cabinet, at or near the customer's property line (metering point). The City shall determine the type of installation. On pole mounted metering installations, the point of attachment (demarcation point) is defined as the load side of CT and the City will make this connection. On underground, the point of attachment (demarcation point) will be the elbow inserts and the customer will install and terminate the customer owned cables. XI. TEMPORARY ELECTRIC SERVICE 20 57

1. Temporary installations, metering, and/or other services of short duration shall be made at the expense of the Item 1. customer with charges based on the materials, labor, and equipment required to install and remove the City supplied electrical equipment. A deposit in advance, sufficient to cover estimated construction and removal expenses and energy used, may be required. a. A temporary service is ordinarily not recurrent in nature, and is required for temporary structures or locations for a period of normally less than one year, such as a construction trailer, event lighting, etc. b. A temporary service will be rendered only when and where the City has the necessary facilities available to render the service applied for, without detriment to the service of other customers. c. If extensions are required by the City, a credit will be issued for material returned in first class, usable condition as determined by the City. d. All temporary service locations will be determined by a City representative. e. No temporary service installation shall be moved while the City's service is attached. f. Service wire, meters and all other City equipment associated with the temporary service will not be connected or disconnected by persons other than employees of the City. g. A State of Delaware electrical inspection shall be required prior to the City energizing the service. h. All equipment, except the meter, shall be furnished and installed by the customer/contractor. 2. OVERHEAD TEMPORARY SERVICE a. A pole or timber to which the City attaches a temporary overhead service for supplying a service shall be supplied and erected by the customer/contractor and shall meet the City's minimum requirements as outlined below. i. If the City's service will cross a public street or highway, the support must be a treated pole of Class 6 or larger (Class 6 pole has a minimum circumference around the top of 17 inches) and meet minimum road clearances as required by the N.E.C., Article 230-II and N.E.S.C, Section 23. If the service will not cross a public street or highway, the support may be either a treated pole or timber. If a timber is used it shall be structural grade fir or pine with a cross section not less than nominal 6 inches x 6 inches. Three (3) 2 x 6's are acceptable. The service shall meet the minimum height requirements as per N.E.C., Article 230-II. ii. The pole or timber shall have inherent strength or be adequately guyed to support the service conductor. Braces at a minimum, are to be 2-inch x 4-inch lumber well spiked to the pole or timber at least ten (10) feet above ground and two solidly driven 2-inch x 4-inch stakes. iii. Temporary services will normally be three-wire, 120/240 volts and limited to one span not more than 100 feet provided proper clearance can be maintained. 3. UNDERGROUND TEMPORARY SERVICE 21 58

a. When a customer requires a temporary service from an underground distribution system, the pole or timber with Item 11. service equipment, shall be installed by the customer/contractor and shall meet the requirements in Sections thru 6 below. i. The support shall be a treated pole or structural timber with a cross section of not less than (nominal) 4" x 6" or 2" x 12". ii. The pole or timber must be of sufficient length to be installed in the ground far enough to make the support sturdy against accidental damage-approximately 30 inches in depth. iii. The pole or timber must be at a location specified or approved by the City and will normally be located from five (5) to ten (10) feet from an existing pad mounted transformer, secondary pedestal, or splice box. iv. The contractor will provide conduit down the pole or timber from the meter socket to a distance approximately eight (8) inches below grade and enough underground cable to reach the City's transformer or splice box. The contractor must dig the trench from the support to within three (3) feet of the City's facility at a minimum depth of 24 inches, see N.E.S.C. Section 35, Rule 352 and/or N.E.C. Table 300.5. v. Underground conductors shall have sufficient length to make connections to terminals in the secondary compartment of the transformer or pedestal. Minimum cable size will be #2 Aluminum. Temporary services will normally be three-wire, 120/240 volts. vi. If 3-phase temporary service is requested and approved, the owner/developer shall supply and install all conduits per City design and standards and will be responsible to pick up and install all below grade equipment, pads, and pedestals per the City specifications from the City warehouse. The owner/developer will be responsible for 100% (including current warehouse overhead rate) of the material/equipment cost as quoted in the primary extension fee; however, the City will continue to own and maintain this equipment. The City will not accept or install any materials supplied by the contractor or customer. The cost of the 3- phase pad mounted transformer will be prorated for the duration of time temporary service is requested. Additional costs will be incurred if duration of time temporary service requested is exceeded. NO refunds will be issued is temporary service is removed prior to expiration of requested duration of time. XII. RIGHTS-OF-WAY 1. Any applicant requesting electric service agrees to furnish, without expense to the City, a satisfactory right-of-way necessary for the erection, maintenance, and operation of electric facilities, including the right to trim trees, bush or shrubs, or clear undergrowth as deemed necessary by the City. This right-of-way includes cables and equipment that may be installed for the service of contiguous or noncontiguous properties. The right-of-way shall remain in effect until the City agrees to abandon the right-of-way. XIII. ACCESS 1. City employees have the right to enter onto the property at any time to inspect or repair the electric facilities; determine electric loads, and metering equipment. No structures or items shall be placed near City equipment to hinder opening of doors and safe access to the equipment. All vegetation must be kept trimmed to allow safe access to City equipment to include meters. The clearance requirements will be 10 feet where access to the internals of the 22 59

equipment is made and 3 feet on all other sides of the equipment. The property owner will be responsible to remove Item 1. any obstructions at their expense or, if not available to remove the obstructions, the City will remove the obstructions at the expense of the property owner. XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY AND NOTICE 1. CITY LIABILITY. The City does not guarantee continuous and uninterrupted electric service and shall not be liable for any loss, cost, damage, or expense to any customer occasioned by any interruption, phase reversal or phase loss if due to any cause beyond the reasonable control of the City. 2. CITY LIABILITY LIMITED. The City shall not be liable for damages resulting from the presence of electric energy on the customer's premises, or from the use of the City electric service by the customer. 3. CUSTOMER LIABLE FOR ELECTRIC WIRE AND APPLIANCE DAMAGE TO PERSONS AND PROPERTY. The City assumes no responsibility for any damage done by, or resulting from, any defect in the electric wiring, apparatus, fixtures, or appliances of the customer. If any loss or damage to City property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, their agents or employees, the cost of the necessary repairs to, or replacement of City property shall be paid by the customer to the City and any liability otherwise resulting shall be assumed by the customer. 4. NOTICE OF TROUBLE. The customer shall promptly notify the City of any defect in electric service or of any trouble or irregularity to the electric supply. This can be done by contacting Customer Service at (302) 736-7035 or System Operations at (302) 736-7086, option 3. Contact System Operations for any interruptions in service occurring after normal customer Service business hours. 5. PRE-ARRANGED INTERRUPTION OF SERVICE. Whenever electric service is interrupted for work on lines or equipment, the work shall be done, as far as practicable, at a time that shall cause the least inconvenience to the customer. The customer to be affected by the interruption shall, if practicable, be notified in advance. If customers are unresponsive to attempts to schedule required outages, the City will proceed with the work at its convenience. 6. ELECTRIC FLUCTUATIONS; REMEDIES. Electric service shall not be used by the customer in a manner which shall cause unusual fluctuations or disturbances in the City's electric supply system. Should fluctuation or disturbance be caused by the customer, the City may discontinue the electric service and require the customer to modify the installation or install approved controlling devices, or both. 7. DUTY TO REPAIR OR REMOVE COMMUNICATION INTERFERENCE DEVICE. It shall be unlawful and a nuisance for any person to operate any motor or other electrical device which shall cause interference with communication reception more than ten (10) days after receiving notice from the City Manager, or designee, of the interference. 8. RESALE OF ELECTRICITY PROHIBITED. The customer shall not directly or indirectly sell, sublet, assign, or otherwise dispose of any electric energy without the written consent of the City Manager or designee. Purchase of electric energy in bulk for use by tenants located on the customer's property, when the energy cost is included in the normal rental charge or occupancy of the premises, shall not be considered resale. 23 60

9. ELECTRIC USE LIMITED TO CONTRACT PLACE AND PURPOSE. The City's electric service shall not be used for any Item 1. purpose or in any place other than that stipulated in the customer's contract for electric service, except as written consent of the City Manager, Electric Director, or designee. XV. CITY'S RIGHT TO DISCONTINUE ELECTRIC SERVICE AND NOTICES 1. The City reserves the right to discontinue electric service without notice for the following reasons: a. Without Notice. The City may discontinue electric service without notice for the following reasons: I. Fraud or Abuse. To protect the City from fraud or abuse. II. Canceled Electric Contracts. Upon the cancellation of electric service agreements. III. Overloading conditions of the City owned transmission/distribution network or other emergencies. b. With Notice for Failure to Repair, Violation of Article, or Non-payment. The City may discontinue service to a customer upon a determination by the City Manager, or designee, that the Notice of Termination is correct or that the customer has waived his right to dispute the Notice of Termination for the following reasons. i. Failure to repair conditions having a detrimental effect on the City electric system or safety of the customer or public. ii. For violation or noncompliance with this Electric service handbook, Federal, State, or Local rules and regulations, the appropriate service classification, or an electric service contract. iii. The City may discontinue service to a customer for nonpayment upon a determination by the City Manager, or designee, following the regulation as adopted by the City which may follow the guidelines as adopted by the Public Service commission of the State of Delaware. XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 1. If, by reason of any act, neglect or default of a customer, the City's electric service is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract. XVII. RELOCATION OF ELECTRIC FACILITIES 1. Any alterations, changes, or relocations of the City-owned electric facilities, when requested by the customer, shall be made by the City and the cost paid by the customer and their participation may be required. 2. In the event the City shall be required by any Public Authority, or at the City’s discretion, to place underground or relocate any portion of the City's facilities, the City at their expense shall make the necessary changes in the location of the point of delivery. XVIII. RIGHT TO REMOVE CITY'S EQUIPMENT 24 61

1. All meters, instrument transformers or other service equipment supplied by the City shall remain its exclusive property. The City shall have the right to remove all its property from the premises of the customer at any time Item after1. the termination of service, regardless of the reason for such termination. XIX. CITY'S RIGHT TO INSPECT 1. The City shall have the right, but shall not be obliged, to inspect any installation before electricity is provided or at any later time. The City reserves the right to reject any wiring or appliances not in accordance with the City's standard requirements; but such inspection, or failure to inspect, or to reject, shall not render the City liable or responsible for any loss or damage, resulting from defects in the installation, wiring, or appliances, or from violation of City Rules, or from accidents which may occur at the customer premises. XX. DEFECTIVE INSTALLATIONS 1. If at any time the wiring, fixtures or appliances of the customer are found to be defective or dangerous by a City Representative, service may be refused or discontinued until the customer has the condition corrected. The City's undertaking extends only to the supply of service at the point of delivery. If a private electrician determines the wiring in the structure to be unsafe and they notify the Electric Department, service will be disconnected until repairs are made at the account holder’s expense until a valid electrical inspection is completed and a copy is provided to the City. XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER, STRUCTURAL OR SIMILAR INCIDENT 1. When a meter has been removed from a service by the fire department, first responder, or other authorized parties, the owner must provide an electrical inspection from a State of Delaware electrical inspection agency stating that the service is acceptable for use before the City will reconnect the service. For services outside the City limits, approval to reconnect must also be gained by the appropriate Fire Chief. 25 62

Item 1. SECTION 2 ELECTRIC METERS 1. All electric meters are owned, installed, and maintained by the City. Only City installed sealing/locking devices may be used to secure meter sockets, metering cabinets, transformers, or any City owned equipment. In no case, will a locking device be installed by the customer to prevent access to meter sockets or City owned equipment. The use of jumpers by the customer in the meter socket is forbidden. Unauthorized modification of metering equipment shall result in the issuance of tampering charges to the account holder. I. CITY RESPONSIBILITY 1. The City is responsible for the supply of a kilowatt hour/KVarH/kw meter, all associated instrument metering equipment, and determining the location of the equipment II. CUSTOMER RESPONSIBILITY 1. The customer will be responsible for all wire ways, weather heads, disconnects, entrance cable, conductors, meter sockets, enclosures, connectors, conduits, and all associated equipment. a. On overhead installations the customer is responsible up to and including the service wire attachment (City’s service) weather head, service cable, meter socket, and all associated equipment. b. On underground installations the customer is responsible for the conduit, terminal adapter, locknut, bushing, meter socket, and all associated equipment required by COD representative c. The customer must allow access to any City employee, or representative, at any and all times, refer to Section XIII, page 23. Lack of access to the meter or the metering equipment may result in the termination of service until access is granted or allowed. d. Before any meter can be set at a new or existing location, an address must be displayed at said location. e. It is the customers responsibility to ensure all the requirements in the ELECTRIC METERS section are completed before requesting the service to be energized. Multiple visits due to incomplete requirements may result in a $50.00 service charge. III. ELECTRIC SERVICE CONTRACT 1. An application form must be completed and approved to engage in a contract for service. A service contract is required to receive electric service from the City. This Handbook and any Rules and Regulations adopted by the City 26 63

shall be part of every contract for electric service and shall govern all classes of service unless otherwise stated by the Item 1. service classification in the Rates & Tariffs Handbook. IV. METER LOCATION 1. ALL METER LOCATIONS MUST BE PRE-APPROVED BY THE CITY. The preferred location (the City reserves the final determination) for new meter installations will be on the outside of the building and will be at a point that is always accessible and kept free of obstructions, refer to Section 1, paragraph XIII, page 23. The meter must be located on the individual’s property and the installation must comply with the N.E.C. Older metering installations that are inside a building or enclosure must be in a clean, well lit, safe, unobstructed location accessible from the outside for meter reading, meter testing, maintenance, and inspection purposes. If the access point is kept locked then codes, combinations, or a minimum of two (2) keys to locks must be provided at the customer’s expense (one for the Metering division and one for the Meter Reading division). V. METER SOCKET REQUIREMENTS 1. All meter sockets will accept blade type meters; bolted type meter sockets are not acceptable. In all cases the meter socket and required metering equipment will be supplied by the applicant 2. Sockets must be installed so that the top of the meter will not be more than six (6) feet nor less than four (4) feet above the finished grade. It will be the responsibility of the contractor/owner to determine finished grade. A minimum horizontal clearance of three (3) feet, a vertical clearance of eight (8) feet and a minimum depth of three (3) feet will be provided in front of the meter socket/enclosure. In no case will the clearances be less than required to fully open doors/covers of meter sockets and/or instrument cabinets. 3. Group Metering, the contractor will supply multiple meter socket devices in any combination. However, they must be installed so that the height of the lowest meter centerline cannot be less than 40” and the highest meter centerline cannot be higher than six (6) feet above final grade. The multi- meter devices will be at a location and of a specified type approved by the City Metering Division. The contractor will install the meter mounting devices and underground conduits, or overhead mast if applicable. If access to the base of the metering unit is restricted because of concrete or other covering material, the conduit will be extended to a point outside the covering material at no expense to the City. Individual meters will be clearly labeled with a weatherproof permanent decal. Group metering having services greater than 400-amp self-contained sockets (Class 320) must have a means of disconnect for each individual service. If a House Meter is part of Group Metering, it must contain a lever type bypass. 4. Residential service metering sockets will be placed on the side of the house that is nearest to the City supply point. The meter socket will be placed on the front or on the side of the house within ten (10) feet of the front corner of the house. Multi-dwelling homes with individual property ownership shall have the meter installed on the customer’s property. When home structure design does not allow for electrical facilities to comply with NEC requirements, individual meter sockets on pedestals may be acceptable with prior approval from the Electric Engineering division. These meter sockets will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without 27 64

any additional materials other than the meter. Replacement of the meter socket is required if the locking mechanism Item 1. or if the meter socket is no longer functional or safe. 5. Small and Medium Commercial service metering sockets, service size up to 400-amp Wye - 400-amp Delta, single phase or three-phase, will be located on an outside wall agreeable to the City and the customer. These meter sockets must have a minimum Class 200 (200 amp service and below) or Class 320 (200 amp to 400 amp service) and must contain a lever type bypass and will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without any additional materials other than the meter. Replacement of the meter socket is required if the locking mechanism or if the meter socket is no longer functional or safe. 6. Large Commercial service metering sockets, greater than 400-amp Wye - 400-amp Delta, single phase or three phase, require a CT metering installation. The City will supply all metering equipment (CT’s, meter socket, CT cabinet, metering conductor) and the customers will be responsible for this expense. If the metering installation is mounted on the building, the customer will be responsible for the mounting of the meter socket(s), CT cabinet, and installation of any necessary meter conductor conduit will have a disconnect installed at a point before the C.T. Cabinet. An overhead installation may be mounted on a pole located at or near the property line and the City will install all the metering equipment at this point. Metering equipment for underground services will be installed either on the building, on the transformer, or other City approved locations. If C.T. Metering is installed on the transformer, a disconnect must be installed at point before entering structure. 7. On Primary Metering services, single phase or three-phase, the City will provide and install the meter socket and the customer will be responsible for this expense. 8. Meter sockets / equipment shall not have any other utilities name or contact information displayed. Decals with such information will need to be removed before a meter is set. On any existing service where any type of changes are being made to the building, such as but not limited to, renovations, building additions, or a service upgrade or downgrade and if the metering is currently located inside the building, it must be moved to a point outside the building if physically possible. If any type of construction will be erected, concreted, or paved that would enclose or somehow block access to the meter, the meter must be relocated to an accessible location. VI. 480 VOLT SPECIFICATIONS 1. Due to safety concerns, all new or existing services reassigned to the City for maintenance, will have a disconnect installed at a point before the meter socket or CT Cabinet. If the service is customer owned and there is no disconnecting means to ensure the safety of personnel, an outage must be scheduled to perform work on the meter. It is the owner/customer/ electrician’s responsibility to schedule/coordinate the outage with the customers and with the City. The City requests 24 hours’ notice when possible to assist with the outage. A disconnect must then be installed before the service is re-energized. VII. METER SOCKET MOUNTING 28 65

1. It is necessary that the meter socket is carefully and rigidly attached to the customer’s structure or building also ensuring that it is plumb and level. For safety reasons, this attachment must be maintained by the customer. It isItem the1. customer’s responsibility to keep the meter socket firmly attached to the mounting surface and if it is not then the customer will coordinate the repair at their expense in a proper time frame or service may be disconnect until repairs are made. 2. Refer to Drawings M1 and M2 on pages 55 & 56 for illustrations referencing meter socket placement. VIII. METER AND METER SOCKET ACCESSIBILITY 1. See Section 1, paragraph XIII, page 23 for access requirements for City equipment. IX. METER SOCKET IDENTIFICATION 1. Any building that has more than one meter or pedestal with multiple sockets, the customer/contractor must identify the individual meter sockets. If an existing meter is removed for any reason and the meter socket requires identification, the meter will not be reinstalled until the socket is properly labeled. A weatherproof decal / label type permanent marking must be made both on the inside and outside of the meter socket. A magic marker, piece of tape, sticky notes, pencil marking, etc. are not acceptable for identification. Examples of identifications are as follows: Apt. A, Apt. B, Apt. C; Unit 1, Unit 2, Unit 3; 101, 102, 103; upstairs, downstairs. Meters will not be set unless the permanent marking has been done. The City will decide if the markings on the meters are deemed acceptable. It is not the City’s obligation or responsibility to confirm this marking is what it is labeled as. Refer to drawings M1 and M2 in Appendix 1 that illustrates proper placement of meters with measurements and decal & labeling placements. X. METER TAMPERING 1. TAMPERING WITH CITY ELECTRIC EQUIPMENT; LIABILITY. a. It is unlawful for any person except a duly authorized representative of the City to make any temporary or permanent connection or disconnection between the electric service load and the City’s distribution system. Additionally, it is unlawful to set, change, remove, tamper, or interfere with or make any modifications to the City’s meter. The City is not liable for any injury or damage because of this unlawful activity. b. If the City's meters or other property are tampered or interfered with, the customer receiving service through that equipment shall pay the amount which the City estimates is due for electric service, but not registered on the City's meter, for any repairs or replacements required, and for changes in the customer's installation that the City may require. See the City of Dover website for a full list of possible monetary fines. c. The City may file Criminal or Civil charges against the responsible party and the customer may be subject to arrest for tampering and/or theft of service. Before the service can be re-energized, all repairs must be made with inspections obtained and full payment for all monies owed the City must be made, including any additional security deposits that may be required. In cases where it cannot be determined who was being supplied, the owner of the property may be held responsible for the tampering/theft. 29 66

d. In some instances, the meter seal and customer service entrance equipment may be disconnected only by licensed electrical contractors and only with prior approval from the city by calling 302-736-7070. If approval isItemnot1. previously obtained, the established service charge will be charged to the contractor for cutting the meter seal and entering the service equipment without permission. Any additional instances may result in loss of City licensing and/or arrest for tampering. XI. INACTIVE METERS/METERS REMOVED FOR CAUSE 1. Meters will be removed after being inactive for six (6) months. All services that have been de-energized for more than six months will be inspected by a State of Delaware recognized electrical inspection agency prior to re-energizing. XII. TERMINATION WITH NOTICE 1. When a condition is discovered by the City that is in violation of the articles contained in this Handbook, the customer will be notified in writing allowing him/her a reasonable amount of time to correct the condition. Some, but not all, of these conditions can include a loose meter socket, a rusted meter socket, an unattached entrance cable, nonfunctional locking mechanism, or any condition that exists whereby the customer can safely receive electric service. XIII. TERMINATION WITHOUT NOTICE 1. When a condition is discovered by the City that in its opinion is unsafe/hazardous to people or property, electric service will be terminated without prior notice until the hazard is corrected. Examples of these hazards can include: a broken or cracked lug in the meter socket, evidence of arcing, frayed wiring or damage to electrical apparatus owned by the customer. XIV. METER TESTING 1. Should a customer desire to have their meter tested and the meter is found to be correct within established tolerance as identified in this Handbook, the customer will be charged the established service fee. XV. METER ADJUSTMENTS 1. A billing adjustment will be made when any of the following condition(s) exists: a. A meter is tested and found to be more than four (4) percent fast/slow i. A meter that tests fast – the City will either credit or refund the customer any amount equal to the excess kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the estimated kWh overcharged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In cases of a demand meter, kW will be adjusted in the same manner. ii. For a meter that tests slow – the customer may be charged any amount equal to the under-registered kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the estimated kWh under- 30 67

charged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In Item 1. cases of a demand meter, kW will be adjusted in the same manner. b. Stopped/jammed meter – for stopped meters, jammed registers or non-functioning electronic meters, the customer’s consumption will be estimated based on the customer’s usage during similar periods. The estimate will cover only the period subsequent to the last recorded meter consumption. c. Meter tampering and/or theft of service – the usage will be based on the recorded registration of the meter if it is determined that all illegal usage went through the meter. If the usage was not recorded through the meter, the usage will be estimated based on the consumption during similar periods. In cases that only part of the kWh usage passed through the meter, both metered and estimated usages will be used to calculate the total kWh. d. Unauthorized overload – usages for unauthorized overloads will be for kWh/kW calculated on the equipment connected to the service. The cost of any City equipment damaged and personnel expenses to repair the installation will be billed to the customer. An additional charge may be assessed to upgrade the installation. e. Inactive phase(s) polyphase meter – when a polyphase meter has been operating with an inactive element(s), failures that could be caused from lightning, failure, tampering, unauthorized overload, or other type damage, and has not registered the full consumption for any or all kWh/KVarH/kW, the City will estimate the usage for the unregistered energy. Back billing will be for a period not to exceed the three (3) previous monthly billing cycles unless the time at which the error first developed or occurred can be definitely identified. In this case, the estimated kWh/KVarH/kW undercharge will be based on that date but will in no case be retroactive beyond a twelve (12) month period unless the point of failure outside the twelve (12) month period can be clearly identified. XVI. CHANGE OF INSTALLATION 1. The customer will give immediate written notice to the City of any proposed substantial increase or decrease in, or change of purpose or location of the customer’s installation. The service connection, transformers, meters, and equipment supplied by the City for each customer has a maximum capacity and no additions to the equipment or load connected will be permitted except with the written consent of the City. Failure to give notice to additions or changes in load or location will render the customer liable for any damage to the City’s equipment. XVII. FEES/CHARGES 1. Primary fees and charges associated with extensions and connections are due in full upon receipt unless other payment arrangements have been made. Connection to City service will not occur until payments have been made. XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY 1. The City Manager, Building Inspectors, City employees, or their authorized representatives, shall have access to the customer electric facilities for the purpose of inspecting, removing, repairing or changing any City property situated therein at all times. XIX. RIGHT TO REMOVE CITY’S EQUIPMENT 31 68

1. All electrical equipment maintained by the City will remain its exclusive property. The City shall have the right to remove all its property from the premises of the customer at any time after the termination of service regardlessItemof 1. the reason for the termination. 32 69

SECTION 3 Item 1. TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS OF CUSTOMER OWNED GENERATION OF 500 KILOWATTS OR LESS AND INTERCONNECTED WITH THE CITY OF DOVER DELIVERY SYSTEM 1. Prerequisite – The customer must be in compliance with the tariff rules and regulations and the applicable tariff classification and rates. The terms and conditions contained herein are in addition to, but do not modify nor negate, the terms of the tariff. I. PURPOSE 1. This section was developed to clearly state the terms and conditions that govern the interconnection and parallel operation of on-site distributed generation, in order to: a. Establish technical requirements which will promote the safe and reliable parallel operation of distributed generation resources; b. Enhance the reliability of electric service; c. Facilitate the implementation and use of distributed resources technologies; d. Enhance economic efficiency in the production and consumption of electricity and other energy; and e. Promote the use of distributed resources to provide electric system benefits during periods of capacity constraint. II. APPLICABILITY 1. Unless otherwise provided, these guidelines apply to all customer generation operating below 501 kilowatts which is interconnected at 12.47kV or below and operated in parallel with the City’s power delivery system. III. INTERCONNECTION APPLICATION 1. A proposed Generator Owner will make a formal application to the City for the interconnection of a generator to the City system. The application will be made on an Application Form provided by the City. 2. The steps to gain approval for an interconnection are as follows: a. Verification of consumption history of customer applying to ensure the system size does not exceed limits. i. The customer may obtain 12 months of billing on the City of Dover Customer Service website and the other 12 months of data can be obtained by contacting the appropriate point of contact on the Interconnection Application form ii. If the consumption history request is by a third party organization then a City of Dover Release form signed by the account owner must be provided. b. Submit the following to the appropriate point of contact for Permission to Install: i. Interconnection Application signed by applicant and send to the email address listed on page 4 of the application. ii. One-line diagram showing disconnect by electric meter 33 70

iii. Specifications sheet for solar panels Item 1. iv. Specifications sheet for inverter v. Yearly estimation of PV Watts produced based on system design/location vi. Solar Shading Report vii. Copy of executed contract c. Once installed please provide the following for Permission to Operate: i. City of Dover Generator Interconnection Application, Single Meter Application Part II signed by applicant and Electrical Inspector (if no inspection certificate is available) and send to the email address listed on page 9 of the application. ii. Copy of electrical inspection (unless form signed by Electrical Inspector) IV. DESIGNATION OF CITY CONTACT PERSONS FOR MATTERS RELATING TO DISTRIBUTED GENERATION INTERCONNECTION 1. The City’s Electric Engineering Division will be the designated point of contact for all matters related to interconnected generation. The City will maintain records concerning applications received for interconnection and parallel operation of distributed generation. Such records will include the date of receipt of each such application, documents generated while processing such applications, correspondence regarding such applications and the final disposition of such application. Refer to the current Interconnection Application for where to send applications. V. PRE-INTERCONNECTION STUDIES 1. In many instances the City will wish to conduct a service study, coordination study, or facilities impact study prior to interconnection of a distributed generation unit. In instances where such studies are deemed necessary the scope of such studies shall be based on the characteristics of the distributed generation unit to be interconnected and the proposed point of interconnection. a. Completion of Pre-Interconnection Study – Upon completion of the interconnection study, the City will notify the Generator Owner that his application has been approved or denied, if denied sufficient details will be provided on why the application cannot be approved. In no event shall the interconnection study take longer than 4 weeks to complete (after receipt of signed customer application and customer submittal of all required data). b. Pre-interconnection Study Fee – The City will do a pre-interconnection study without charge for the typical and customary installation. If the cost to the City is expected to exceed this typical and customary amount, or if multiple submittals by the Generator Owner are necessary, the City will advise the Generator Owner of the expected cost of such study work by the City before such work begins. The Generator Owner will be responsible for payment of all costs above the typical and customary amount. VI. NETWORK INTERCONNECTION OF DISTRIBUTED GENERATION 34 71

1. Where generation is to be connected to a network system and capable of exporting power to the Grid, the Item 1. interconnection study may result in more stringent interconnection requirements. This would be applicable to larger systems in Farm or Commercial applications. VII. PRE-APPROVAL OF GENERATION UNITS, DEVICES AND SYSTEMS 1. Upon approval by the City that certain generating unit’s protective devices and/or system(s) meet the standards set out in these guidelines, such approval shall be made available to the appropriate manufacturer upon written request. For subsequent applications using some or all of the identical generating unit’s protective devices and/or systems, the manufacturer may submit a copy of the approval with the application as proof that its equipment has already been approved for use on the City’s system. Use of pre-approved equipment will not eliminate any applicable requirement for a pre-interconnection study to determine the suitability of the equipment for each application, given the unique arrangements and characteristics of both the Generator Owner and City systems at the point of the interconnection. VIII. CONNECTION APPROVAL 1. The Generator Owner can connect their generation to the City system only after the Interconnection Application has been approved and the Generation Owner has received approval notification. The City will provide notification within four weeks after the receipt of the Interconnection Application and all required data. Once Permission to Operate is provided, the customer may operate the system. Activation of the system prior to receiving the Permission to Operate may result in double charging of the customer for electricity due to the meter not being able to determine bi-directional flow. Any additional charges resulting from this early operation will not be reimbursable to the customer. IX. INTERCONNECTED GENERATION SITE WARNING LABEL 1. The Generator Owner will install a warning label in a conspicuous place on their electric meter or meter box to notify the City personnel that there is a generator source installed on the load side of the meter. The warning label shall not be placed in a location that would not interfere with the ability of City personnel to read the electric meter. The City will install a warning label on the Generator Owner’s equipment. The warning label must be placed before the requestor will receive the Permission to Operate. X. DISCONNECTION AND RECONNECTION 1. The City may disconnect a distributed generation unit under the following conditions: a. Upon termination of the approved Interconnection Application. b. For non-compliance with the technical guidelines specified in this document or other requirements contained in the applicable Customer Tariff, provided that the City has given notice to the Generator Owner and provided the Generator Owner reasonable time (consistent with the condition) to correct such non-compliance. The City will reconnect the unit only upon receipt of certification from the Generator Owner and verification by the City that the unit is in compliance. The City will provide verification within a reasonable time period. 35 72

c. The Generator Owner’s generation equipment must be installed and configured so that parallel operation must Item 1. automatically cease immediately and automatically during outages or loss of the City’s electric source in accordance with these guidelines. The Generation Owner must also cease parallel operation upon notification by the City of a system emergency, abnormal condition or in cases where such operation is determined to be unsafe, interferes with the supply of service to other customers or interferes with the City’s system maintenance or operation. In addition, the City may disconnect the generator from the system for system emergencies without notice. However, the City will use reasonable efforts to notify the Generation Owner prior to disconnecting. d. The City may disconnect a Customer/Generation Owner for routine maintenance and repairs on the City’s system consistent with applicable tariffs and agreements. The City will make reasonable efforts to provide advance notice to the Customer/Generation Owner of service interruptions resulting from routine maintenance. The City will reconnect the Customer/Generation Owner as quickly as possible under reasonable operations constraints following any such service interruption. XII. TERMINATION 1. The Generation Owner may terminate the approved Interconnection Application at any time upon thirty (30) days of providing written notice to the City. The City may terminate the Interconnection Application for cause after 60 days written notice to the Generator Owner of a material violation of the terms of the approved Interconnection Application and after the Generator Owner has had a reasonable opportunity to remedy the violation. The Generator Owner must give the City notice that it intends to permanently shut down his generation. XIII. PRIVILEGED COMMUNICATIONS CONCERNING PROPOSED DISTRIBUTED GENERATION PROJECTS 1. While processing applications for parallel operation and in the conduct of pre-interconnection studies, the Generation Owner shall provide the City with detailed information concerning the proposed distributed generation project. The City shall not use such knowledge of proposed distributed generator projects submitted to it for review to prepare competing proposals to the Generator Owner whereby the City, or its affiliate, offers either discounted rates in return for not installing the distributed generation, or offers competing distributed generation projects. Release of the consumption history to the solar installer will require the completion of the City of Dover Release Form that can be find on the City of Dover Website. XIV. TECHNICAL GUIDELINES FOR PARALLEL OPERATION OF ON-SITE DISTRIBUTED GENERATION UNITS 1. This subsection describes minimum requirements and procedures for safe and effective connection and operation of distributed generation. A Generator Owner may operate 60 Hertz, three phase or single phase generating equipment, whether a QF or non-QF, in parallel with the City’s system pursuant to an approved Interconnection Application provided that the equipment and Generator Owner meet or exceed the requirements of these guidelines and that the City has approved the Generator Owner’s application to interconnect. This subsection describes typical interconnection requirements. Certain specific interconnection locations and conditions may require the installation of additional protective hardware or special protection settings, especially when exporting power to the system. If the City excludes that an application for parallel operation requires additional protective hardware or special protection settings, the City shall make those requirements known to the Generator Owner within 14 days after all pertinent studies are completed. 36 73

Item 1. 2. Approval to connect to the City system indicates only that the minimum requirements for a safe proper interconnection have been satisfied. Such approval does not imply that the Generator Owner’s facility meets all federal, state and local standards or regulations. a. General Interconnection and Protection Requirements. i. The Generator Owner’s generation and interconnection installation must meet all applicable national, state, and local construction and safety codes. ii. The Generator Owner’s generator shall be equipped with protective hardware and software designed to prevent the generator from energizing one of the City’s de-energized circuits. The Generator Owner’s generator must automatically disconnect from the City’s system if the Grid source is lost, irrespectively of connect loads or other generators. iii. The generator shall be equipped with the necessary protective hardware and software designed to prevent sustained parallel operation of the generating equipment with the City’s system unless the system service voltage and frequency are within acceptable magnitudes. iv. Pre-approved equipment shall be accepted as part of an interconnection proposal without the need to re-review the equipment itself. However, the application, design and setting of pre-approved units and/or equipment must be reviewed and coordinated according to the unique needs of the specific location of the proposed installation. Where a complete unit or system has been pre-approved, only location-specific issues will typically need to be reviewed. v. The Generator Owner will be responsible for protecting its own generating and interconnection equipment in such a manner so that City system outages, short circuits, single phasing conditions or other disturbances including zero sequence currents and ferro resonant over-voltages do not damage the Generator Owner’s generating equipment. The protective equipment shall also prevent excessive or unnecessary tripping that would adversely affect the City’s service reliability to other Generator Owners and Customers. vi. The generator and interface protection schemes shall be continuously monitored and functioning, and the generator shall immediately disconnect from the City’s system for any condition that would make the protection scheme inoperable. vii. The operating power required for the protection and control schemes for the generator and the control power used to disconnect the generator from the City must not be dependent on local City grid power. viii. Where multiple generators are connected to the system through a single point of common coupling, the sum of the ratings of the generators will be used to determine the applicability of these guidelines. Protection scheme performance with one or more units offline will have to be considered. ix. Applicable circuit breakers or other interrupting devices at the Generator Owner’s facility must be capable of interrupting the maximum available local utility City fault current at the site, including any contribution from the Owner’s generator(s). 37 74

x. The Generator Owner will furnish and install a manual disconnect device which, when opened, will have the Item 1. effect of isolating the generator from the City’s system. The disconnect device shall have a visible break (a disconnect switch, a draw-out circuit breaker, fuse block, etc. as appropriate to the voltage level), will always be accessible to the City’s personnel, and shall be capable of being locked in the open position via a City padlock. The City shall use reasonable efforts to utilize padlocks of a size consistent with typical manufacture’s specifications. The Generator Owner shall follow the City’s switching, clearance and tagging procedures which the City shall provide and attach the Warning Label noted in Section 3 paragraph IX. xi. The design, procurement, installation, and maintenance of the equipment at the Generator Owner’s site are the responsibility of the Generator Owner and at the Generator Owner’s expense. xii. Any necessary enhancements or improvements needed within the City’s system and/or at the customer’s site(s) to accommodate the parallel interconnection of the Generator Owner’s generation will be at the Generator Owner’s expense. xiii. The Generator Owner has full responsibility and liability for the safe and proper operation of their equipment and the power originating from their generator. The Generator Owner is also responsible for synchronizing their generator(s) with the City’s system and maintaining synchronous operation. xiv. The Generator Owner must immediately cease parallel operation upon notification by the City if such operation is determined to be unsafe, interferes with the supply of service to other customers, or interferes with the City’s system maintenance or operation. xv. The City reserves the right to specify the type of transformer connection (e.g. delta-delta, wye-delta, wye-wye) that will be employed for all multiphase interface transformers consistent, where reasonable, with the Generator Owner’s power system. b. Prevention of Generator Owner Generation Interference with City System. i. To eliminate undesirable interference caused by operation of the Generator Owner’s generating equipment, the Generator Owner’s generator shall meet the following criteria: a) Voltage – The generating equipment will be operated in such a manner that the voltage levels on the City’s system are in the same range as if the generating equipment were not connected to the City’s system. The Generator Owner shall provide an automatic method of initiating a disconnect sequence of his generating equipment from the City system with set points noted in the table below. Generating Systems with Generating Systems with Non-Inverter or Rotating Inverters Up to 50kW Inverters Greater than 50kW Machine Generating Systems 38 75

 Trip in 0.1 second for V<50%  Trip in 0.1 Second for  Trip in 0.1 second for Item 1.  Trip in 2 second for 50%≤V<88% V <50% V < 50% or V ≥115%  Trip in 2 seconds for  Trip within 0.1 to 30 seconds for  Trip within 0.1 to 30 seconds for 106%<V<137% 50%≤V<88% V>110% or  Trip in 0.03 second for 137%≤V  Trip within 0.1 to 30 seconds for V<90% (Above times and voltages 106%<V<137% (Specific voltage and time delay set taken directly from IEEE 929)  Trip in 0.03 second for 137%≤V points will be determined for each (Specific voltage and time delay set installation.) points will be determined for each installation.) Note: Trip time refers to the time between when the abnormal voltage condition occurs, and the generator being completely disconnected from the utility City. On three-phase generator installations, full three phase voltage sensing should be employed. Voltages must be sensed on the high side of any interface transformer if the transformer high voltage winding is ungrounded. The Generator Owner may reconnect to the grid when the system voltage returns to normal range and is stabilized as defined in Section III, Definitions. b) Flicker – The Generator Owner shall not cause excessive voltage flicker on the City’s system. This flicker shall not exceed the “Borderline of Irritation” curve, as defined in IEEE Std 519, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems. Lower levels of flicker may be required in areas where equipment such as computers and instrumentation are impacted. c) Frequency – The operating frequency of the generating equipment shall not deviate more than the values noted in the table below. Generating Systems with Generating Systems with Inverters Non-Inverter or Rotating Inverters Up to 50kW Greater than 50kW Machine Generating Systems  Trip in 0.1 second for F<59.3 Hz  Trip in 0.1 second for F<59.3 Hz  Trip in 0.1 second for F<59.3 Hz  Trip in 0.1 second for F>60.5 Hz.  Trip in 0.1 second for F>60.5 Hz.  Trip in 0.1 second for F>60.5 Hz. (Set points taken from (Other frequency and time delay set (Other frequency and time delay set IEEE 929 & IEEE 1574) points may be necessary for a points may be necessary for a specific installation.) specific installation.) Note: Trip time refers to the time between when the abnormal frequency condition occurs and the generator being completely disconnected from the utility City. The Generator Owner may reconnect when the system frequency returns to normal range and is stabilized as defined in Section III, Definitions. d) Harmonics – Non-linear circuit elements such as inverter can produce harmonics. Per IEEE Std 519, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, Table 11.1, the total harmonic distortion (THD) voltage shall not exceed 5% of the fundamental 60 Hz frequency nor 3% of the fundamental for any individual harmonic as measured at the location where the customer interfaces with the City’s system (Point of Common Coupling). In addition, the level of harmonic current that the customer can inject 39 76

into the City’s system shall not exceed that specified in Table 10.3 in IEEE Std 519. Furthermore, any Item 1. communication notch should be limited as defined by Table 10.2 in IEEE Std 519. The preceding requirements apply to all types of generation systems. The Generator Owner is responsible for the installation of any necessary controls or hardware to limit the voltage and current harmonics generated by his equipment to defined levels. e) Power Factor – The generator must not adversely impact the power factor of the Generator Owner site. Most inverters are designed to operate close to unity power factor. The operating power factor of the generator shall be contained within the limits defined in the table below. However, to the extent that a Generator Owner’s power factor at the Point of Common Coupling falls below 0.95 lagging as a direct result of the installation of the generating unit(s), the Generator Owner must obtain, install and maintain, at his expense, corrective apparatus that compensates for the drop in power factor caused by the installation of the generator. Penalties will be assessed for power factors that fall below 0.95 lagging or leading. Generating Systems with Generating Systems with Inverters Non-Inverter or Rotating Inverters Up to 50kW Greater than 50kW Machine Generating Systems 0.95 Lagging or Leading when output 0.95 Lagging or Leading 0.95 Lagging or Leading exceeds 10% of inverter rating. When output exceeds 10% (From IEEE 929 & IEEE 1574) of inverter rating. f) Current – In some cases, directional over-current protection may be required to limit fault current flowing onto the Grid in the event of a line fault. DC inverters that are incapable of producing fault current do not require directional over-current protection. Inverter systems should not inject DC current greater than 0.5% of rated inverter output into the AC interface point under either normal or abnormal conditions. g) Fault and Line Clearing – The Generator Owner shall automatically disconnect from the City’s system during electrical faults on the City’s electrical system and upon loss of the City’s electric source. The Generator Owner may reconnect when the system voltage and frequency return to normal range and is stabilized as defined in Section III, Definitions. Detection of the loss of the City’s primary electric system, where the Generator Owner is operating in an island with other customer load, becomes increasingly difficult as the level of distributed generation on a feeder approaches the connected load. For generating units 50kW and below, the over/under voltage and over/under frequency settings described previously along with the anti-islanding provisions of IEEE 929/UL 1746 inverters, should be sufficient to satisfy this provision. C. Automatic Reclosing – The Generator Owner is responsible for protecting his equipment from the effects of switching or automatic reclosing of the City’s feeder circuit. The Generator Owner may request the City to delay high speed reclosing on the City’s feeder to allow the interconnected generator sufficient time to remove itself from an islanding or de-energized feeder prior to automatic reclose. Since delaying the automatic reclose time degrades the level of service provided to other customers on the circuit, the City will limit the automatic reclose time delays to a few seconds or less. The Generator Owner may also request that a direct transfer trip scheme be added to remove the interconnected Generator from service prior to automatic reclosing by using communications equipment between the generator site and the City. Similarly, the Generation Owner may request that a 40 77

synchronizing check, or reclose blocking scheme be installed on the City’s feeder to prevent out of phase reclosing. Item 1. The Generation Owner is responsible for all costs associated with the installation and maintenance of these requested Control, Protection and Safety Equipment Requirements Specific to Generators of 500 kW or less. All Generator Owners 500 kW or less can be single phase. Customer owned generators greater than 10 kW must be evaluated by the City to determine if it can be single phase. The following table describes necessary control, protection, and safety equipment specific to generator of 500 kW or less connected to Secondary or Primary Voltage Systems: Generator Size 500 kW or less Over-Current Trip X Over-Voltage Trip X Under Voltage Trip X Over/Under Frequency Trip X Synchronizing Check2 Manual or Automatic Notes: 1. Exporting to the City system many require additional operational/protection devices. 2. For synchronous and other type of generators with stand-alone capability. D. Control, Protection and Safety Requirement Specific to Three Phase Synchronous Generators, Induction Generators, and Inverter Systems. Generators greater than 50 kW must be three phase generators connected to three phase circuits. 1. Three Phase Synchronous Generators. Generator circuit breakers shall be three phase devices with electronic or electromechanical control. The Generation Owner is solely responsible for properly synchronizing his generator with the City’s system. For a synchronous generator, the excitation system response ratio shall not be less than 0.5 (five-tenths). The generator’s excitation system(s) shall conform, as closely as reasonably achievable, to the field voltage vs. time criteria specified in American National Standards Institute Standard C50.13 in order to permit adequate field forcing during transient conditions. 2. Three Phase Induction Generators and Inverter Systems. Induction generation may be connected and brought up to synchronous speed (as an induction motor) if it can be demonstrated that the initial voltage drop measured on the City’s side at the point of common coupling is within the visible flicker limits stated inSection 3, paragraph XIV.2.b.i.b. Otherwise, the Generator Owner may be required to install hardware use other techniques to bring voltage fluctuations to acceptable levels. Line-commutated inverters do not require synchronizing equipment. Self- commutated inverters whether of the utility-interactive type or stand-alone type shall be used in parallel with the City system only with synchronizing equipment. Requirement for the Control, Protection and Safety Equipment1 Greater than 25kW and Less than 500kW, Three Phase Connected to Primary System 41 78

Generator Disconnect Device X Item 1. Over-Voltage Trip X Under Voltage Trip X Over-Current Trip X Over/Under Frequency Trip X Ground Over-Voltage Trip2 OR Ground Over-Current Trip2 X Synchronizing Check3 Manual or Automatic Power Direction4 X Transfer Trip/Reclose Blocking5 X Notes: 1. Exporting to the City’s system may require additional operating/protection devices and will require coordination of operations with the City. 2. Selection depends on grounding system, if required by the City. 3. For synchronous and other types of generators with stand-alone capability. 4. Required only if generator size is greater than Generator Owner’s minimum load and thus capable of exporting. The relay will operate if the power flow from the generator into the Grid exceeds a predetermined level. A time delay will have to be incorporated into this relaying scheme to prevent it from operating during synchronous swings. 5. May be required as part of any necessary transfer tripping/reclose blocking protection scheme. E. Requirements Specific to Generators paralleling for 0.1 second or less (Closed Transition Switching) Control, Protection and Safety Equipment requirement for generators less than 500 kW which parallel with the City’s system for 0.1 second or less such as during source or load transfers. Over-Voltage Trip X Under Voltage Trip X Synchronizing Check1 Manual or Automatic Excessive Closed Time Trip2 X Notes: 1. For synchronous and other types of generators with stand-alone capability. 2. Scheme will trip generator if closed transition parallel mode remains in effect longer than 0.1 second. F. Inverter Type – DC Generation installations using inverters for interconnection with the City must use non-islanding type inverters as defined in IEEE 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems, IEEE 929, IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems (including 42 79

Annex B, D, E & G) and UL Subject 1741, Standard for Static Inverters and Charge Controllers for use in Photovoltaic Item 1. Power Systems. G. Inspection and Start-Up Testing – the Generator Owner shall provide the City with reasonable prior notice at least 2 weeks before the initial energizing and start-up testing of the Generator Owner’s generating equipment and the City, at its discretion, shall witness the testing of any equipment and protective systems associated with the interconnection. The Generator Owner shall revise and re-submit the application information for any proposed modification that may affect the safe and reliable operation of the City’s system. The generator may be reconnected to the City system only after the modified application has been reviewed, testing has been confirmed and the City has given approval to reconnect. H. Site Testing and Commissioning - Testing of protection systems shall include procedures to functionally test all protective elements of the installation up to and including tripping of the generator and interconnection point. Testing and testing intervals should be in accordance with manufacturers and industry recommendations. Testing will verify all protective set points and relay/breaker trip timing. The City may witness the testing of installed switchgear, protection systems, and generator. The Generator Owner is responsible for all maintenance of the generator, control and protective equipment. The Generator Owner will maintain records of such maintenance activities which the City may review at reasonable times. I. Metering - Metering requirements will be reviewed on each specific installation. J. Dedicated Transformer – A dedicated transformer will be required where the generating Generator Owner is served from the same transformer secondary as another City customer and inverter-based technology net meeting IEEE 929 and IEEE 519- specifications is used. In addition, a dedicated transformer or other current-limiting device is needed for any type of generator installation where the increase in available short circuit current could adversely impact other City customers on the same secondary circuit. K. Suggested References The following references can supply technical support and insight into the safe, reliable interconnection of distributed generation with the City’s systems. These references should be reviewed by those individuals or firms contemplating parallel operation of generation with the City. All references to IEEE, NEC & UL Standards will refer to the latest version of the standards. IEEE C37.95- - IEEE Guide for Protective Relaying of Utility-Consumer Interconnections IEEE Std 1001 - IEEE Guide for Interfacing Dispersed Storage and Generation Facilities with Electric Utility Systems IEEE Std 929 - IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems IEEE Std 1021 - IEEE Recommended Practices for Utility Interconnection of Small Wind Energy Conversion Systems IEEE 1574 - Standard Series for Microgrids and Distributed Resources IEEE Std 519 - IEEE Recommended Practices and Requirements for Harmonic Control In Electrical Power System NEC 690 - Solar Photovoltaic Systems 43 80

UL 1703 - Standard for Safety Flat-Plate Photovoltaic Modules and Panels Item 1. UL 1741 - Standards for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems SECTION 4 NET METERING I. General Provisions – Net Metering can occur in three circumstances as follows: 1. Condition 1 – Individual Customer/Single Account/Single Premise where all Net Metering activity occurs at a single customer premise for a single customer account; 2. Condition 2 – Individual Customer/Multiple Accounts/Single or Multiple Premises where a single customer can aggregate Net Metering for crediting to multiple accounts and/or premises; or 3. Condition 3 – Host Customer/Multiple Subscribers/Multiple Premises where a Community Energy Facility, either behind the meter of a Subscriber or as a stand-alone facility, provides Net Metering for multiple Subscribers and multiple premises. A Community Energy Facility may include technologies defined under §352(6)(a-h) of Title 26 of the Delaware Code. a. Interconnection Requirements – Any requirements necessary to permit interconnected operations between the Customer-Generator Facility or Community Energy Facilities and the City, and the costs associated with such requirements, shall be consistent with the requirements contained in this City handbook. The City shall not require eligible net metering customers who meet all applicable safety and performance standards to install excessive controls, perform or pay for unnecessary tests, or purchase excessive liability insurance. 1. A complete interconnection application is required to facilitate a City- directed transmission and distribution analysis, including an evaluation of potential reliability, safety and stability impacts and determination of whether 44 81

infrastructure upgrades are necessary and appropriate allocation of applicable interconnection costs as outlined in Item 1. this handbook. 2. The failure by any interconnection customer to comply with these requirements and the requirements in other Sections of this handbook may result in penalties, including monetary assessments, suspension or revocation of the facilities interconnection or other sanctions as determined by the City Manager. 3. Disputes – Any net metering disputes limited to the correct application of this handbook and Net Metering Tariffs shall be resolved by the City Manager or his/her designee. 4. The City shall offer customers the option of net metering if a customer generates electricity at the customer’s premises, subject to all the following requirements: 5. The customer: owns and operates; leases and operates; or contracts with a third party that owns and operates the electric generation facility with a capacity that: a. Will not exceed 25 kW AC per City meter for residential customers. b. Will not exceed 100 kW AC per City meter for farm customers (subject to rules of Delaware Code - Title 26, §1014(d)(1)b). c. Will not exceed 500 kW AC per City meter for non-residential customers; d. Is located on the customer’s premises; a. Application by a non-residential customer for the installation of any generation system more than 500 kilowatts shall be given due consideration and may require a special contract. The installation will only be accepted by the City if it complies with the requirements below and there is no detrimental impact to the electric system; the City decision will be final; e. Uses as its primary source of fuel: solar, wind, hydro, a fuel cell, or gas from the anaerobic digestion of organic material; f. Does not exceed, individually or in the aggregate as a result of other net-metering customers on the same distribution feeder or substation, a maximum renewable generating capacity greater than 1.5 megawatts on a distribution feeder and shall not exceed 15% of the substation transformer capacity rating; and g. The total generating capacity of all customer-generation using net metering systems served by the City exceeds 8% of the capacity necessary to meet the City's aggregated customer monthly peak demand for a particular year, the City may elect not to provide Net Metering services to additional customers. The City’s aggregated customer monthly peak demand shall be the average of the unadjusted five (5) system peaks for the City as determined by Delmarva Power and reported to PJM based on the average of the last three (3) years. h. Under all conditions, the installation shall be designed to produce no more than 110% of the Host customer’s expected aggregate electrical consumption, calculated on the average of the two previous 12 month periods of actual electrical usage at the time of installation of energy generating equipment and subject to the capacity limits specified in Section 4 paragraph I.1 through I.3 of this rule. For new building construction or in instances where less than two previous 12 month periods of actual usage are available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics or previous residents at the same address, at the time of installation of energy generating equipment and subject to the capacity limits 45 82

specified in Section 4 paragraph I.1 through I.3 of this rule. Item 1. II. Metering and Tariff Requirements - Net Metering shall be accomplished using a single bi-directional meter that measures net energy flow during a billing period. 1. A bi-directional meter or meters that monitor the flow of electricity in each direction will be installed at the expense of the customer in the amount not to exceed $200, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer pursuant to Paragraph VII & VIII of this Section, or to collect system performance information on the eligible technology for research purposes. 2. For installations where a larger capacity meter is required to serve the customer, or a larger capacity meter is requested by the customer, the customer shall pay the City the difference in cost between the larger capacity meter and the meter normally provided under the customer's service classification. If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter. 3. If the existing electrical meter of a customer is incapable of measuring the flow of electricity in two directions through no fault of the customer, the customer shall be responsible for up to $200 of expenses involved in purchasing and installing such a meter. For periods of inaccurate readings, estimations of the usage and returned consumption will be used. If it is deemed the meter has been tampered with, additional fees may be applied to the customer to include materials and labor to repair damage. 4. For Condition 3 where a stand-alone Community Energy Facility is installed, the City shall install the meter necessary to provide the data to accomplish the necessary billing and the customer shall be responsible for up to $200 of expenses involved in purchasing and installing such a meter. The City shall assess the stand-alone Community Energy Facility a customer charge equivalent to the load and energy output characteristics of the generating facility which would be equivalent to the load and energy characteristics of a similarly situated customer in its tariff. 5. City shall provide net-metered customers electric service at non-discriminatory rates that are identical, with respect to rate structure and monthly charges, to the rates that a customer who is not Net Metering would be charged. City shall not charge a Net Metering customer any stand-by fees or similar charges. 6. The Subscribers participating in a Community Energy Facility shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Community Energy Facility unless the Subscribers participating in the Community Energy Facility have relinquished such ownership of RECs by contractual agreement with a third party. 7. If a Net Metering customer terminates its service with the City, the City shall treat the end of service period as if it were the end of the Annualized Billing Period and any excess kWh credits will revert to the city. III. Net Metering Condition 1 and Condition 2 - If, during any billing period, a Customer-Generator Facility produces more energy than that consumed by the Condition 1 customer, or aggregate total kWh of the Condition 2 customer, the City will credit the customer in kWh’s equal to the sum of delivery service charges and supply service charges for residential customers and the sum of the delivery service charges and supply service charges for non-residential customers for any excess energy production of their Customer-Generator Facility that exceeds the customer’s on-site, 46 83

or aggregate total consumption of kWh in the applicable billing period. Item 1. 1. Excess kWh credits shall be credited to subsequent billing periods to offset a customer's consumption in those billing periods until all credits are used. During any subsequent billing period prior to the end of the Annualized Billing period, the crediting of excess energy kWh will result in the reduction of cost paid by the customer for the kWh of delivery service charges, if applicable, and supply service charges. 2. Any excess kWh credits shall not reduce any fixed monthly customer charges imposed by the City such as Demand, Customer or Power Factor Adjustment charges. 3. The customer shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Customer-Generator Facility and consumed by the customer unless the customer has relinquished such ownership of the RECs by contractual agreement with a third party. 4. Where applicable, the requirements established in Section VIII of these rules shall apply to the previous Section. IV. Net Metering Condition 2 – Subject to the applicable Net Metering provisions of Section Four, paragraph III, one customer may have multiple meters under the same account or different accounts, regardless of the physical location and rate class. The customer may aggregate meters for the purpose of net metering regardless of which individual meter receives energy from a Customer-Generator Facility, provided that: 1. City shall only allow meter aggregation for customer accounts for which it provides electric supply service; and 2. The Customer-Generator Facility is designed to produce no more than 110% of the aggregate electrical consumption of the customer’s individual meters or accounts that the customer is entitled to aggregate under this Section VIII calculated on the average of the two previous 12 month periods of actual electrical usage. For new building construction or in instances where less than two previous 12 month periods of actual usage are available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment; and 3. A Customer-Generator Facility shall not exceed the sum total of the capacity limits among the participants of a Customer-Generator Facility as defined under Section I.5.a-h of this rule; and 4. At least ninety (90) days before a customer commences construction of a Customer-Generator Facility or a customer is entitled to aggregate multiple meters, the customer shall file with the City the following information: a. a list of individual meters the customer is entitled to aggregate, identified by address, rate schedule, and account number; and b. a description of the Customer-Generator Facility, including the facility’s location, capacity, and fuel type or generating technology. 5. The customer may change its list of aggregated meters specified in Section Four, paragraph VIII.4. a no more than 47 84

once annually by providing ninety days’ written notice; and Item 1. 6. Credit shall be applied to the meter through which the Customer-Generator Facility supplies electricity; and 7. Credit in kilowatt-hours (kWh) shall be valued according to Section Four, paragraph VIII.1 - 4 of this rule and each account’s rate schedule as specified in Section Four, paragraph VIII.4.a; and 8. The City may require that customer’s aggregated meters specified in Section Four, paragraph VIII.4.a be read on the same billing cycle. V. Net Metering Condition 3, Host System – Where the Community Energy Facility is located behind the meter of a Subscriber that is also the Host customer, the following will also be subject to the requirements established in Section XI of this Rule: 1. During a monthly billing period where the energy from the Community Energy Facility exceeds the consumption of the Host customer, the Subscribers participating in a Community Energy Facility shall be credited kWh equal to Supply Service Charges – as per the Net Energy Metering Tariff –for any of the energy production more than the consumption of the Host customer of the Community Energy Facility. This credit will only be given to the Host customer monthly; it will be the responsibility of the Host customer to distribute the value of this credit to other Subscribers participating in the Community Energy Facility. Only for the purposes under this section will this not be considered “resale” of electricity but will be considered distribution of dividends for a Community Energy Facility. 2. A Community Energy Facility shall not exceed the sum total of the capacity limits as defined under Section I.5.a- of this rule among the Subscribers of a Community Energy Facility. 3. Where applicable, the requirements established in Section IX of these Rules shall apply to this Section. 4. The City invoked its authority under Title 26, Chapter 10, Subchapter §1014 (e) (3) to credit the energy produced at the value of the Supply Service Charges as defined in the Net Energy Metering Tariff. This Tariff will be updated on an annual basis to reflect the annual budgeted value and will not be trued up at the end of the annual period to reflect actual costs. VI. Net Metering Condition 3, Stand Alone System – Where the Community Energy Facility is a stand-alone facility, the facility will be subject to the requirements established in Section Four, paragraph 2IX. For clarification, the payment will be made to the participant that has the electric meter of the Community Energy Facility in their name. VII. Net Metering Condition 3 Subscribers – Subscribers are eligible to participate in a Community Energy Facility, provided: 1. A community includes customers sharing a unique set of interests; and 2. The City shall only allow meter aggregation for customer accounts of which it provides electric service; and 48 85

Item 1. 3. The Community Energy Facility is designed to produce no more than 110% of the community’s aggregate electrical consumption of its individual customers, calculated on the average of the two previous 12 month periods of actual electrical usage. For new building construction or in instances where less than two previous 12 month periods of actual usage is available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment; and 4. The Community Energy Facility shall not exceed the sum total of the capacity limits among the participants of a Community Energy Facility as defined under Section I.5.a of this rule; and 5. Before Net Metering for a Community Energy Facility may be formed and served by the City, the community proposing a Community Energy Facility shall file with the City the following information: a. a list of individual meters the community is entitled to aggregate identified by name, address, rate schedule, and account number; and b. a description of the Community Energy Facility, including the facility’s physical location, the Host customer’s physical location, capacity, and fuel type or generating technology. 6. A community proposing a Community Energy Facility may change its list of aggregated meters as specified in paragraph VII.5.a above no more than quarterly by providing ninety days’ written notice to the City; and 7. If the community proposing a Community Energy Facility removes individual customers from the list of aggregated meters as specified in paragraph VII.5.a above, then that community shall either replace the removed customers, reduce the generating capacity of the Community Energy Facility to remain compliant with the provisions provided under paragraphs VII.3 and VII.4 above, or negotiate with the City to establish a mutually acceptable agreement for any excess kWh credit; and 8. The City may require that customers participating in a Community Energy Facility have their meters read on the same billing cycle; and 9. Neither customers nor owners of community-owned energy generating facilities shall be subject to regulation as either public utilities or an Electric Supplier. 10. The Subscribers participating in a Community Energy Facility shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Community Energy Facility unless the Subscribers participating in the Community Energy Facility have relinquished such ownership by contractual agreement with a third party. 11. The Community Energy Facility will also be subject to the requirements of paragraph VII.10. of this rule. VIII. Net Energy Metering 49 86

Item 1. 1. AVAILABILITY a. This rider is available to customers served under the following service classifications, Residential “R”, Small Commercial “C and C1”, Medium Commercial “C2 and C3", Large Commercial “C5", Primary “P”, and Transmission “T” that own and operate an electric generation facility on the customer’s premises that produces electricity from Eligible Energy Resources to offset part or all the customer’s electricity requirements. 2. CONNECTION TO THE CITY’S SYSTEM a. The customer or Community-owned electric generation facility cannot be connected to the City’s system unless it meets all applicable safety and performance standards set forth by the following: The City Technical Considerations Covering Parallel Operations of customer Owned Generation of 500 kW or less, National Electric Code, the Institute of Electrical and Electronic Engineers, Underwriters Laboratories, and the City Electric Service Handbook (Handbook). The customer must, at his/her expense, obtain a all necessary permits, inspections, and approvals required by any local public authorities and any other governing regulations in effect at that time. 3. DELIVERED VOLTAGE a. The delivered voltage and delivery point of the customer’s electric generation shall be at the same delivered voltage and delivery point that would be supplied by the City to the customer if the customer purchased all of its electricity from the City. 4. RATE a. The monthly billing shall be as stated in the applicable rate tariff. Under this rider, only the kWh charge for electricity delivered by the customer is affected. The customer will pay for all kWh delivered by the City. Credit for kWh will be valued according to the latest rates associated with the classification of service. 5. RULES AND REGULATIONS a. The General Rules and Regulations of the City for electric service shall apply to service rendered under this service classification. All minimum billings, charges for kWh, kW, Purchased Power Adjustment, Public Utility Tax, Renewal Energy Charge, etc. will be covered under the applicable rate tariff. IX. DEFINITIONS 1. Annualized Billing Period means a period of 12 consecutive monthly billing periods. A customer's first Annualized Billing Period begins on the first day of the first full monthly billing period after which the Customer-Generator Facility is interconnected with the City and is generating electricity. A customer may elect to change the end of the Annualized Billing Period one time. 2. Community Energy Facility means a renewable energy generating facility that has Subscribers who share the energy production of the Community Energy Facility, which may be located either as a stand-alone facility or behind the meter of a Subscriber. The Community-owned energy generating facility shall be interconnected to the distribution system and operated in parallel with an electric distribution City’s transmission and distribution facilities. The Community Energy Facility shall: 50 87

a. Satisfy all applicable requirements of Chapter 4, Net Metering of this Rule; b. Meet all applicable safety and performance standards established by the National Electrical Code, the Item 1. Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that net metering customers meet applicable safety and performance standards; and c. Comply with the City's interconnection tariffs and operating guidelines. 3. Customer-Generator Facility means equipment used by a customer to generate, manage, and monitor electricity. A Customer-Generator Facility, which typically includes an electric generator and/or an equipment package, shall: a. Satisfy all of the applicable requirements of the Net Metering Rules; b. Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that net metering customers meet applicable safety and performance standards; and c. Comply with the City's interconnection tariffs and operating guidelines. 4. Delmarva Power refers to Delmarva Power & Light Co., and electric utility and transmission supplier, or its successor(s). 5. Eligible Energy Resources means the following energy sources located within the PJM region or imported into the PJM region and tracked through the PJM Market Settlement System: a. Solar energy technologies that employ solar radiation to produce electricity; b. Electricity derived from wind energy; c. Electricity derived from ocean energy including wave or tidal action, currents, or thermal differences; d. Geothermal energy technologies that generate electricity with a steam turbine, driven by hot water or steam extracted from geothermal reservoirs in the earth’s crust; e. Electricity generated by a fuel cell powered by Renewable Fuels; f. Electricity generated by the combustion of gas from the anaerobic digestion of organic material; g. Electricity generated by a hydroelectric facility that has a maximum design capacity of 30 megawatts or less from all generating units combined that comply with environmental standards promulgated by DNREC in its “Environmental Standards for Eligible Energy Resources” (Title 7, Division 2104); h. Electricity generated from the combustion of biomass that has been cultivated and harvested in a sustainable manner as determined by DNREC in its “Environmental Standards for Eligible Energy Resources” (Title 7, Division 2104), and is not combusted to produce energy in a waste to energy facility or in an incinerator; i. Electricity generated by the combustion of methane gas captured from a landfill gas recovery system; provided, however, that: i. Increased production of landfill gas from production facilities in operation prior to January 1, 2004 demonstrates a net reduction in total air emissions compared to flaring and leakage; ii. Increased utilization of landfill gas at electric generating facilities in operation prior to January 1, 2004 (i) is used to offset the consumption of coal, oil, or natural gas at those facilities, (ii) does not result in a reduction in the percentage of landfill gas in the facility’s average annual fuel mix when calculated using fuel mix measurements for 12 out of any continuous 15 month period during which the electricity is generated, and (iii) causes no net increase in air emissions from the facility; and iii. Facilities installed on or after January 1, 2004 meet or exceed 2004 Federal and State air emission standards, or the Federal and State air emission standards in place on the day the facilities are first put into operation, whichever is higher. 51 88

6. Host Customer” means the customer account directly connected to a Customer-Generator Facility or Community Item 1. Energy Facility, or, for a stand-alone Community Energy Facility, the customer account as designated by the Subscribers who share the energy production of the Community Energy Facility. 7. Net Metering means a service to a customer whereby electric energy generated by the customer, through a Customer-Generator Facility and delivered to the local distribution facilities of the City, may be used to offset electric energy provided by the City to the customer. 8. PJM means “PJM Interconnection, LLC,” the Regional Transmission Organization (“RTO”) that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization. 9. Renewable Energy Credit or “REC” means a tradable instrument comprised of all the Generation Attributes equal to 1 megawatt-hour of electricity derived from Eligible Energy Resources and that is used to track and verify compliance with the provisions of Delaware Public Service Commission Regulation Docket No. 56. A REC does not include emission reduction credits and/or allowances encumbered or used by a Generation Unit for compliance with local, state, or federal operating and/or air quality permits associated with the 1 megawatt-hour of electricity. 10. Subscriber(s) means the person(s) who are otherwise customers of the City that are entitled to share in the energy production of a Community Energy Facility Appendix 1 Drawing M1 52 89

Item 1. Drawing M2 53 90

Item 1. 54 91

Item 2. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 16, 2022 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David Hugg, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Purchase Ground Penetrating Radar TIMETABLE: Notice to proceed to be issued within seven (7) days of Council approval. Delivery of equipment anticipated to be within ninety (90) days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $16,800 AVAILABLE BUDGET: $16,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater- Wastewater Management – page 148, #WW2302 CIP Project Name: Ground Penetrating Radar, Account No.: 403-41-69-99- 000-54025. Remainder of budget to be supplemented by the surplus of project #WW2301 CIP Project Name: Lateral Camera, Account No. 403-41-69-99-000-54025. STAFF RECOMMENDATION: Allow staff to purchase a new Ground Penetrating Radar machine from M.J. Friedl & Associates, Inc. in the amount of $16,800. BACKGROUND AND ANALYSIS: The Fiscal Year 2023 Capital Investments Plan includes a project to purchase a Ground Penetrating Radar machine in the Department of Water & Wastewater, Wastewater Division. Currently, if there is a piece of underground infrastructure that cannot be located, the team must perform multiple excavations to find the pipe, this would decrease the length of time that the team is investigating the concern and allow the repair to occur quicker. Staff developed a request for quotes for this machine, in accordance with the Purchasing Policy. Staff only received one (1) quote for this machine. The shortfall of this quote will be supplemented by a budget amendment from the surplus in the Lateral Camera purchase. A breakdown of the funding sources is 92

Item 2. provided below: Funding Description Available Spent / Savings / Requested Proposed Source Budget Encumbered Remaining Change Budget Remaining Wastewater WW2302 – $16,000 $0 $0 $800 $16,800 Ground Penetrating Radar Wastewater WW2301 – $13,000 $10,621 $2,379 ($800) $1,579 Lateral Camera City staff recommends the purchase a Ground Penetrating Radar machine from M.J. Friedl & Associates, Inc in the amount of $16,800. This will be accomplished by utilizing savings from project WW2301. 93

Item 3. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 16, 2022 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Delaware Drinking Water State Revolving Funds Applications TIMETABLE: Once adopted by City Council, information will be submitted to the State of Delaware for consideration. RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Approve the Lead Service Line Inventory project and the Lead Service Line Inventory / Replacement – Brandywine Court Condominiums to be submitted through the Delaware Drinking Water State Revolving Fund process. Each project meets the requirements for principal forgiveness. BACKGROUND AND ANALYSIS: In the first quarter of 2022, the federal government passed the Bipartisan Infrastructure Law. The goal of this initiative is to improve America’s roads, bridges and rails, expand access to clean drinking water with projects through 2026. The law provided each state with funds to distribute through the process of their choice. The State of Delaware decided to utilize the existing Drinking Water State Revolving Fund as its mechanism to evaluate and distribute the funds. The City of Dover submitted notice of intents for two (2) projects at the end of April 2022. The first project is to complete a lead service line inventory for the city’s entire system. This is part of a requirement by the new Lead Copper Rule Revisions, which was adopted in January of 2021. The second project is aimed at abandoning aged water infrastructure at the Brandywine Court Condominium development and provide new service taps to each building in the development. The City was informed that the two (2) projects met the criteria necessary to obtain principal forgiveness. Essentially, making each project completely subsidized by the fund. 94

Item 3. As part of the application process, the applicants must have documented minutes from the City Council approving the projects to move forward. Staff recommends approving these two (2) projects and move forward with the application process through the Delaware Drinking Water State Revolving Fund. 95

Item 4. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 16, 2022 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David Hugg, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Aero Park Elevated Water Tank Equipment Relocation TIMETABLE: Execute the agreement and pay AT&T within thirty (30) days of approval RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $60,937.47 AVAILABLE BUDGET: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): Cost of project will be supplemented by the surplus of project #WD2306 CIP Project Name: Water Tank Concrete Rehabilitation, Account No. 401-40-68-99-000-54031 surplus of project #WD2103 CIP Project Name: General Foods Tank Maintenance, Account No. 401-40-68-99- 000-54031, and from project #WQ2302 CIP Project Name: Miscellaneous Emergency Water Repairs, Account No. 401-40-68-99-000- 54031. STAFF RECOMMENDATION: Allow staff to pay AT&T the price of $60,937.47 to remove and later reattach their equipment on the city owned elevated water tank. BACKGROUND AND ANALYSIS: Due to recent Delaware Department of Natural Resources and Environmental Control (DNREC) regulations, the city’s Aero Park Elevated Water Tower requires cleaning and painting the interior and exterior of the structure. The exterior work will be performed by utilizing dry-abrasive removal of old paint that has lead contamination. As part of this project, AT&T cell phone antennae equipment will need to be removed for this rehabilitation. The current lease between the city and AT&T has language that is not clear on who has the financial responsibility to perform the removal and relocation of said equipment. The city solicitor negotiated with AT&T counsel and decided that each part would pay for half of the cost 96

Item 4. would be reasonable. The shortfall for this work will be supplemented by a budget amendment from the surplus in the completed project WD2103, WD2306 and WQ2302. A breakdown of the funding sources in provided below: Funding Description Available Spent / Savings / Requested Proposed Source Budget Encumbered Remaining Change Budget Remaining Water WD2309 – Aero $0 $0 $0 $61,000 $61,000 Park Tank Equipment Location Water WD2103 – $642,015 $583,615 $58,200 ($58,200) $0 General Foods Tank Maintenance Water WD2306 – Water $20,000 $17,600 $2,400 ($2,400) $0 Tank Concrete Rehabilitation Water WQ2302 – Misc. $85,000 $0 $85,000 ($400) $84,600 Emergency Water Repairs City staff recommends splitting the cost of the removal and relocation of AT&T’s equipment on the Aero Park Elevated Water Tower. The cost to the city would be $60,937.47. 97

Item 5. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 16, 2022 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater REVIEWED BY: David S. Hugg III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Proposed Ordinance #2022-17 – Amending Chapter 110 – Cross Connection Control Program, Appendix F – Fees and Fines TIMETABLE: Staff to implement program within thirty (30) days of adoption of proposed ordinance. RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Adopt the proposed ordinance as part of the required regulations. Once adopted, staff will implement the Cross Connection Control Program within thirty (30) days. BACKGROUND AND ANALYSIS: In February 2021, the State of Delaware, Dept. of Health and Social Services, Division of Public Health mandated a cross connection control program in the Delaware Administrative Code 4662, Chapter 16, Section 21. This new regulation will require the City of Dover to develop and comply with a plan for a cross-connection control program as it relates to our potable water. This is a safety regulation that will eliminate the potential for water to reverse into our system from a customer. This program will include an inventory and record-keeping of testing, repairs and maintenance of all backflow prevention assemblies and policies to complete assessments of customer premises for potential cross-connections. The City of Dover is also required to have a program adopted by city ordinance, provide public education to our customers on the importance of this program. The proposed ordinance and Cross Connection Control Program will meet the State of Delaware requirements. Staff recommends adopting the ordinance and implementing the program. 98

Item 5. Cross-Connection Control Program 99 1

Item 5. Regulation In February 2021, the State of Delaware, Dept. of Health and Social Services, Division of Public Health mandated the development of a cross connection control program in the Delaware Administrative Code 4662, Chapter 16, Section 21. This gives the public water system authority to enforce a cross-connection control program. Non-compliance with this regulation shall be subject to penalty as provided in 16 Del.C. Section 122(3)(c): up to $10,000 / day. By February 2024, the City of Dover shall develop a cross-connection control program: ▪ Inventory and record-keeping of testing, repairs and maintenance of all backflow prevention assemblies ▪ Policies to complete assessments of customer premises for potential cross-connections. ▪ Assessments for the type of premise (high or low hazard) ▪ Public education On September 28, 2021, staff provided an update on this plan and informed the city on the next course of action. During this presentation, the city decided to work with National Water Specialties Company (NAWSC) to manage our inventory and outreach. 100 2

Item 5. Definitions Cross-Connection: A connection or potential connection between any part of a potable water system and any other environment containing other substances which, under any circumstances, would allow such substances to enter the potable water system. Backflow Preventer: an assembly, device or method designed to prevent backflow. Containment: Backflow prevention at service connection to public water supply Isolation: Backflow prevention at points of use (sinks, hose bibs, boilers) 101 3

Item 5. Program The program is a stand-alone document that will be referenced by the proposed ordinance. The program outlines the regulation, requirements, review and enforcement. The document is separated into the following sections: 1. Definitions 2. Introduction 3. Backflow Preventions Assemblies, Devices and Methods 4. Surveys of Existing Customers 5. Site Plans and Permits 6. Enforcement 7. Education and Awareness 102 4

Item 5. Residential Impacts By and large, residential customers will not be impacted by this program. Currently, residential customers have a residential dual check (RDC) connected downstream of their water meter. This RDC protects the city from contaminants or pollution that could backflow into the water distribution system. This RDC will continue to be the requirement for residential customers. Exceptions for Residential Customers 1. Lawn Irrigation systems – in-ground and chemical injection systems must have a Reduced Pressure Backflow Prevention (RPBP) Assembly or a Pressure Vacuum Breaker (PVB) Assembly. 2. Reclaimed Water and / or Auxiliary Water Systems – must have a RPBP installed on the service line, prior to first branch line. 3. Swimming Pools – if a pool is directly connected to the public water system, a RPBP or PVB is required on the water service line where it branches off to the pool. 4. Fire Suppression System – must have backflow prevention that meets the requirements of this CCC Program and the City of Dover Fire Marshal’s Office. 103 5

Item 5. Non-Residential Impacts With respect to backflow prevention assemblies installed at the service line, the City will require the following for non-residential premises: 1. Backflow prevention assemblies shall be installed immediately downstream of the water meter and prior to the first branch line in the plumbing system. 2. Service line backflow prevention assemblies shall be double check valves (DCVs) or RPBPs, as determined by the City. 3. All high hazard customers are required to have, at a minimum, a RPBP installed immediately after the water meter and prior to the first branch line in the plumbing system. 5. Testable backflow prevention assemblies are prohibited to be installed below grade or in an underground pit. If the Property Owner or their designee determines that installing the assembly above grade is not feasible, they can contact the City per Appendix A. The City shall review on a case-by-case basis. 104 6

Item 5. Survey Process – Initial Survey Property Owners will be responsible for the Initial Survey, which will be provided by the city at no cost to the customer. The first phase will include non-residential customers. Once complete, the second phase will be residential customers. Once the initial survey is submitted, the city will request a site survey if necessary. If backflow prevention is required, the property owner will have forty-five (45) days from receipt of the letter to install, alter, replace, relocate or repair the issue. The city will provide licensed, approved surveyors for the property owner to select. 105 7

Initial Survey Item 5. 106 8

Item 5. Survey Process – Site Surveys After the initial survey, site surveys will be conducted at the following intervals: • During backflow prevention assembly testing at installation, repair, relocation, after a backflow event and on an annual basis. • Substantial changes to premises • Reassessment of premises at an interval no more than every ten (10) years Property Owners will be responsible for scheduling and completion. 107 9

Item 5. Costs Initial Survey – no impact to customer, city will send out surveys and collect at no charge to the customer. Site Survey / Installation - $300 - $750 each, this will primarily be non-residential customers. Backflow Prevention Assembly Testing - $100 - $150 each Small Fee for inspector uploading records to Software - $17 each assessment. Property owner must have tests completed by tester that has completed ASSE Certification Course. 108 10

Item 5. Enforcement If the property owner does not make corrections within the initial forty-five (45) days of the first letter, the city will send out a second letter to correct the deficiency or violation. The second letter will provide the property owner another forty-five (45) days to correct the issue. If the property owner does not comply within the total of ninety (90) days, they will be subject to fees and fines, which is $100 per day of non- compliance. The city also can deny water service to premises for non-compliance during a site plan / building permit application. 109 11

Item 5. Next Steps Have Ordinance Adopted by Council Start Public Outreach and Deliver Initial Surveys to Customers Start Tracking Compliance 110 12

Item 5. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2022-17 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 110 – Utilities, Article III – Water Service and APPENDIX F FEES AND FINES be 5 amended by inserting the text indicated in bold, blue font and deleting the text indicated in red 6 strikeout as follows: 7 8 DIVISION 1. GENERALLY 9 10 Section 110-61. Definitions. 11 12 The following words, terms and phrases, when used in this article, shall have the meanings 13 ascribed to them in this section, except where the context clearly indicates a different meaning: 14 15 Customer means any person supplied with water by the city. 16 17 Property Owner means an individual or entity that is the legal owner of a parcel of real 18 estate. 19 20 Service line means a water line connected to the water main for the purposes of serving a 21 customer. 22 23 Water main means any public water line, other than a service line. 24 25 Water service fees means water use fees. 26 27 Water tap means the connection of a service line to a water main. 28 29 (Code 1968, § 32-1; Ord. of 4-8-1974; Code 1981, § 22-177) 30 31 Section 110-62. Water department created. 32 33 There is hereby created a water department. 34 35 (Code 1968, § 2-76; Code 1981, § 22-176) 36 37 Section 110-63. Water handbook incorporated by reference. 38 39 The City of Dover Municipal Water Department's Water Handbook is hereby incorporated 40 by reference into the laws of the city. A copy of the aforesaid handbook shall be filed in the city 111

Item 5. 41 clerk's office and available to the public for inspection. 42 43 (Ord. No. 2010-07, 3-22-2010) 44 45 Section 110-64. Sprinkling limitation. 46 47 When an emergency to the water supply exists, the city manager shall order public water users 48 to limit or stop sprinkling streets, grass or other vegetation. 49 50 (Code 1968, § 32-12; Ord. of 4-8-1974; Code 1981, § 22-18; Ord. No. 2010-07, 3-22-2010) 51 52 Section 110-65. Supplying nonusers with city water. 53 54 It shall be unlawful for any customer purchasing water from the city to supply such water to 55 persons who are not customers or who have no water connections with the public mains. 56 57 (Code 1968, § 32-19; Ord. of 4-8-1974; Code 1981, § 22-185; Ord. No. 2010-07, 3-22-2010) 58 59 Section 110-66. Deposit for customers who purchase water for redistribution. 60 Those customers who purchase water for redistribution shall pay a deposit in an amount to be 61 determined by the city manager. 62 63 (Mo. of 4-8-1974, § X; Code 1981, § 22-186; Ord. No. 2010-07, 3-22-2010) 64 65 Sec. 110-67. Private wells. 66 (a) When authorized. It shall be unlawful and a nuisance for any person to dig, drill or 67 otherwise excavate any well more than 150 feet below the surface of the ground within 68 the city, or one mile thereof, without the permission of the city council given by 69 resolution. No permission shall be given for a well on any property where a potable water 70 supply is available. 71 72 (b) Geothermal wells. Wells may be drilled for the purpose of the installation of a geothermal 73 heating and cooling system within the limits of the city, subject to the following: 74 (1) These wells shall not be authorized for withdrawal or injection. They will 75 function as borings, filled with a bentonite grout, with a piping system that 76 acts as a heat exchanger to dissipate/absorb heat from the system to the 77 ground. 78 79 (2) There shall be no interconnection with any public water supply, nor shall the 80 geothermal well be used as a potable water supply for human consumption. 81 82 (3) No well shall be located within any city right-of-way or utility easement 83 without written authorization from the city manager. 84 (Code 1968, § 32-14; Ord. of 4-8-1974; Ord. No. 2-78, 4-24-1978; Code 1981, § 22-188; Ord. 85 No. 2010-07, 3-22-2010; Ord. No. 2011-20, 9-12-2011) 86 Section 110-68. Cross connection control program incorporated by reference. P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 112

Item 5. 87 88 The City of Dover Municipal Water Department's Cross Connection Control Program 89 is hereby incorporated by reference into the laws of the city. A copy of the aforesaid program 90 shall be filed in the city clerk's office and available to the public for inspection. 91 92 Sections 110-6869—110-190. Reserved. 93 94 DIVISION 2. RATES, CHARGES AND BILLING PROCEDURES 95 96 Section 110-191. Water use fees generally. 97 98 (a) Payment. All water service fees, three copies of which are on file in the city clerk's office, 99 shall be payable to the city manager. 100 (b) Penalty. A penalty as provided for in Appendix F—Fees and Fines shall be added to all 101 water service fees which shall be in arrears for a period in excess of 30 days after the date 102 of rendering the water service bill. 103 104 (Code 1968, § 32-8; Ord. of 4-8-1974; Code 1981, § 22-251; Ord. of 9-28-1992; Ord. of 8-14- 105 1995; Ord. No. 2009-09, 6-22-2009) 106 107 Section 110-192. Charge for discontinuing or restoring water service. 108 109 (a) Maintenance and repair. There will be no charge for turning on or off any service for 110 maintenance and repair purposes if done during normal working hours. There will be a 111 charge as provided for in Appendix F—Fees and Fines, for all service calls after normal 112 working hours. 113 (b) Nonpayment. There will be a service charge as provided for in Appendix F—Fees and 114 Fines paid, together with all current and overdue charges, prior to turning on any service 115 discontinued for nonpayment. 116 117 (Mo. of 4-8-1974, § IX; Code 1981, § 22-256; Ord. of 8-14-1995; Ord. No. 2010-07, 3-22-2010) 118 119 Sec. 110-193. Penalties for cross connection control program non-compliance. 120 121 Non – compliance penalties. There will be a charge for non-compliance with the 122 requirements of the Cross Connection Control Program. There will be a charge as provided 123 for in Appendix F – Fees and Fines. After reasonable notice to the occupants, the city may 124 also deny or discontinue water service to any building/premises for refusal or failure to 125 comply with the program. 126 127 Sections 110-1934—110-205. Reserved. 128 129 130 BE IT FURTHER ORDAINED: 131 132 That Chapter Appendix F – Fees and Fines – Chapter 110 - Utilities, Article III – Water Service, be P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 113

Item 5. 133 amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout 134 as follows: Chapter 110. Utilities Fees and Fines Article III. Water Service Sec. 110-191. Water use fees generally Subsec. (b) Penalty A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110-192. Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair No charge for turning on or off any service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Sec. 110-193 Penalties for cross connection control program non-compliance Subsec. Non-compliance penalties There will be a charge of $100 per day to the property owner after the final warning date of non-compliance. This charge will continue on a daily basis until the property is in compliance with the cross connection control program. 135 136 ADOPTED: * 137 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 138 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 114

Item 5. 139 140 SYNOPSIS 141 142 This ordinance adopts a cross connection control program into the City of Dover Municipal Code. In 143 February 2021, the State of Delaware mandated the development of a cross connection control program 144 in the Delaware Administrative Code. This program will require property owners of high hazard content 145 to install and inspect backflow prevention devices. This will not impact the majority of residential 146 property owners. The city will be required to track all devices and assure the property owner is 147 following the regulation, if the property owner is not in compliance, they will be subject to penalties. 148 149 (SPONSORS: ROCHA AND HUGG) 150 151 152 Actions History: 153 September 27, 2022 - Introduced at Utility Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 115

Item 5. CROSS-CONNECTION CONTROL PROGRAM For City of Dover, Delaware Department of Water & Wastewater City of Dover Approved: (insert date) 116

Item 5. TABLE OF CONTENTS 1. DEFINITIONS ......................................................................................................................................... 3 2. INTRODUCTION .................................................................................................................................... 4 2.1 PURPOSE .............................................................................................................................. 4 2.2 LEGALITY .............................................................................................................................. 4 2.3 LOCAL ORDINANCE ................................................................................................................ 5 2.4 AUTHORITY ........................................................................................................................... 5 3. BACKFLOW PREVENTION ASSEMBLIES, DEVICES, AND METHODS ........................................... 5 3.1 APPROVED BACKFLOW PREVENTION ASSEMBLIES,DEVICES AND METHODS ............................. 5 3.2 RESPONSIBILITY OF THE OWNER ............................................................................................ 5 3.3 RIGHTS OF THE CITY OF DOVER ............................................................................................. 6 3.4 NON-RESIDENTIAL CONTAINMENT BACKFLOW PREVENTION ASSEMBLY PROTECTION ............... 6 3.5 RESIDENTIAL CONTAINMENT BACKFLOW PREVENTION ASSEMBLY PROTECTION ....................... 7 3.6 ADDITIONAL REQUIREMENTS .................................................................................................. 7 3.7 OTHER SERVICE TYPES ......................................................................................................... 8 3.8 TESTING OF BACKFLOW PREVENTION ASSEMBLIES ................................................................. 8 3.9 ASSEMBLY AND DEVICE ABBREVIATION LIST ........................................................................... 9 4. SURVEYS OF EXISTING CUSTOMERS............................................................................................. 10 4.1 RESPONSIBILITY OF THE OWNER .......................................................................................... 10 4.2 INITIAL SURVEY ................................................................................................................... 10 4.3 SITE SURVEY ...................................................................................................................... 10 4.4 RECORD KEEPING AND DATA MANAGEMENT ......................................................................... 12 5. SITE PLANS AND PERMITS ............................................................................................................... 13 5.1 PROCEDURES ..................................................................................................................... 13 5.2 INSPECTIONS ...................................................................................................................... 13 5.3 RECORDS ........................................................................................................................... 13 6. ENFORCEMENT .................................................................................................................................. 13 6.1 NON-COMPLIANCE .............................................................................................................. 14 6.2 SITE PLANS AND PERMITS.................................................................................................... 14 6.3 DANGER TO PUBLIC OR OCCUPANTS .................................................................................... 14 7. EDUCATION AND AWARENESS ....................................................................................................... 14 APPENDIX A – CCC PROGRAM INFORMATION .................................................................................... 16 117

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ 1. DEFINITIONS Air Gap: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet and at no time less than 1 inch. Approved: Accepted by the Authority responsible as meeting an applicable specification stated or cited in this Program or as suitable for the proposed use. Auxiliary Water System: Any water system on or available to the premises other than the purveyor’s approved public water system. Backflow: The undesired reversal in the direction of flow of water or other liquids, mixtures, or substances into the potable water system from any source other than the intended source of the potable water system, due to backpressure or backsiphonage. Backflow Preventer: An assembly, device or method designed to prevent backflow. Backflow Prevention Assembly: A mechanical backflow preventer used to prevent backward flow of contaminants or pollutants into a potable water distribution system. An assembly has a resilient seated, full flow shut-off valve before and after the backflow preventer making it testable in line. Backflow Prevention Device: A mechanical backflow preventer without shut-off valves. Backpressure: A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow. Backsiphonage: Backflow caused by negative or reduced pressure in the potable water system piping. Containment or Service Line Protection: Installation of an approved backflow prevention device, assembly, or other method at the point of service to confine potential pollution or contamination caused by a cross-connection within the building or facility where it arises. Contaminant: Any foreign substance (liquid, solid or gas) that degrades the quality of water and creates a health hazard. Cross-connection: A connection or potential connection between any part of a potable water system and any other environment containing other substances which, under any circumstances, would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non-potable), or any matter that may change the quality of the water. Non-Potable Water: Water that is not safe for human consumption or of questionable quality. Pollutant: Any foreign substance (liquid, solid or gas) that degrades the quality of water as to Page 3 of 16 118

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ constitute a non-health hazard or impair the usefulness of the water. Potable Water: Water that is safe for human consumption as described by the public health official having jurisdiction. Premises: A house, building or facility, together with its land and accessory structures, including the privately owned portion of the water service connection(s). Property Owner: an individual or entity that is the legal owner of a parcel of real estate. Reclaimed Water: Water from a variety of sources that is properly treated and reused for a direct beneficial use or a controlled use that would not otherwise occur and is not safe for human consumption. 2. INTRODUCTION 2.1 Purpose The purpose of this document is to outline the City of Dover Cross-Connection Control (CCC) Program and policies for all non-residential, residential, and miscellaneous facilities having service connections to the City of Dover public water system. The goals of this policy are summarized as follows: • Protect the public water system from contaminants and pollutants that could backflow through the service connection(s). • Promote the elimination of actual and/or potential cross-connections between the public water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable quality. • Promote the elimination of actual and/or potential cross-connections between the building or facility potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable quality. • Identify all hazards, whether low or high, that may exist and may pollute or contaminate the public water system. • Provide guidance for a continuing program of protection from the potential of service line and internal cross-connections within the building or facility. • Educate the Dover Community on the dangers of cross-contaminants and the procedures needed to further protect their premises and the public water system. 2.2 Legality In accordance with the Delaware Department of Health and Social Services (DHSS), Division of Public Health, the City of Dover proclaims this CCC Program as a continuing effort to maintain safe potable water. The City of Dover shall comply with the CCC regulations in Title 16 of the Delaware Administrative Code § 4662-21.0 Cross-Connection Control (CCC Code). By reference to the CCC Code requirement “we hereby establish the City of Dover Cross-Connection Control Program.” This Program was adopted by City of Dover on (insert date) and made effective Page 4 of 16 119

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ on (insert date). 2.3 Local Ordinance Legal authority to carry out and enforce the City of Dover CCC Program is provided in the Dover Code of Ordinances. The Ordinance establishing this Program is Ordinance #XX, adopted by City of Dover City Council on XX XX, XXXX. 2.4 Authority The City of Dover City Manager or their designee (City), shall be the Authority and the Administrator of the CCC Program. The City may contract with a third party, as its Designated Agent (Agent), to perform the role of Administrator of the CCC Program. This CCC Program shall include, but not be limited to: • Local Ordinance • Establishment of Authority • Applicable Rules and Regulations • Approved Backflow Prevention Devices and Assemblies • Testing Requirements of Backflow Prevention Assemblies • Survey Process and Requirements • Non-Compliance • Data Management • Reporting • Education and Awareness 3. BACKFLOW PREVENTION ASSEMBLIES, DEVICES, AND METHODS 3.1 Approved Backflow Prevention Assemblies, Devices and Methods 1) The City of Dover accepts American Society of Sanitary Engineers (ASSE) recognized backflow prevention devices, assemblies, and methods appropriate to the level of hazard as recognized by the applicable Delaware Statutes, Rules, and Regulations. 2) Installation of all backflow prevention, including but not limited to Reduced Pressure Backflow Prevention (RPBP) and Double Check Valve (DCV) assemblies, must conform to the applicable ASSE Standards, most recent versions. 3.2 Responsibility of the Property Owner 1) The Property Owner shall be responsible for the protection of the public water system from pollution or contamination due to backflow through water service connection(s). 2) The Property Owner shall be responsible for the elimination of all unprotected cross- connections, including but not limited to, any service line protection and any connections downstream of the service line supply to the premises. Page 5 of 16 120

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ 3) Installation and maintenance of backflow prevention assemblies, devices, and methods at all non- residential premises to protect existing cross-connections shall be the responsibility of the Property Owner. • For residential premises, residential dual checks (RDC) installed on the public water system service line at the water meter outside on the premises shall be maintained by the City. For new construction, the Property Owner / Developer will be responsible for purchasing and installing the RDC. • Where there are three (3) or more living units in a structure, this shall be considered an Apartment Building and categorized as commercial. Section 3.4 below shall apply. 4) At any premises connected to the City of Dover public water system, the installation and maintenance of backflow prevention installed to protect against cross-connections in accordance with Section 3.6, shall be the responsibility of the Property Owner. 5) For all work required by the City or their Agent, including but not limited to installation, alteration, replacement, relocation or repair of backflow prevention assemblies, devices or methods, the Property Owner shall be responsible for obtaining an approved City of Dover permit through the offices of the Building Inspector and the City Planner in accordance with Dover Code of Ordinances Chapter 22 Building and Building Regulations, Chapter 46 Fire Prevention and Protection and other applicable sections. 3.3 Rights of the City of Dover The City reserves the right to direct and administer testing and/or maintenance of any backflow prevention assemblies or devices. All costs associated with testing and any necessary installation, alteration, replacement, relocation, maintenance or repairs of these assemblies or devices shall be the sole responsibility of the Property Owner. If, in the interest of public safety and safety of the water system, the City assumes the responsibility of backflow assembly or device installation, testing, maintenance, alteration, relocation or repair at a premises, all costs for such will be charged to the Property Owner in a manner deemed appropriate by the City. 3.4 Non-Residential Containment Backflow Prevention Assembly Protection With respect to backflow prevention assemblies installed at the service line, the City will require the following for non-residential premises: 1) Containment shall be required as outlined in the CCC Code, or as required by the City. 2) Backflow prevention assemblies shall be installed immediately downstream of the water meter and prior to the first branch line in the plumbing system. 3) Non-residential service line backflow prevention assemblies shall be DCVs or RPBPs, as determined by the City. 4) All high hazard non-residential customers are required to have, at a minimum, a RPBP installed immediately after the water meter and prior to the first branch line in the plumbing system. See the CCC Code, Section 21.2.4.2, most recent version, for further information on high hazard designations. 5) Pressure Vacuum Breaker (PVB) assemblies and Atmospheric Type Vacuum Breakers (AVB) Page 6 of 16 121

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ shall not be installed as containment. 6) Testable backflow prevention assemblies are prohibited to be installed below grade or in an underground pit. • If the Property Owner or their designee determines that installing the assembly above grade is not feasible, they can contact the City per Appendix A. The City shall review on a case-by-case basis. 7) Where a backflow prevention assembly is required, the Property Owner shall also install appropriate protection from thermal expansion within the premises, when necessary. 3.5 Residential Containment Backflow Prevention Assembly Protection As a minimum requirement, all new residential properties connected to the City of Dover public water system shall have a RDC installed at the water meter located outside on the premises on the public water system service line, per the City of Dover Water/Wastewater Handbook. The RDCs shall be installed downstream of the water meter. All RDCs installed at the water meter outside on the premises on the public water system service line shall be maintained by the City. For new construction, the Property Owner / Developer will be responsible for purchasing and installing the RDC. 3.6 Additional Requirements For non-residential and residential premises being served by the City of Dover public water system, there are additional requirements noted below. If backflow prevention is required to be installed per these requirements, the Property Owner must comply with Section 3.1 through 3.4, when applicable. Backflow prevention must be installed in accordance with the applicable ASSE standard, the applicable portions of the International Plumbing Code (IPC) as adopted by the City of Dover or as required to be administered by the municipality per Delaware code, and the manufacturers’ installation requirements, most recent version. 1) Lawn Irrigation Systems Specific lawn irrigation systems connected to the City of Dover public water system shall be protected against backflow. For in ground and chemical injection lawn irrigation systems, separate backflow prevention in the form of a RPBP or PVB, shall be installed on the water service line where the service line branches off to supply the irrigation system. 2) Reclaimed Water and/or Auxiliary Water System(s) Those premises that are connected to the City of Dover public water system that are also served by reclaimed water or auxiliary water system(s) shall have a RPBP installed on the water service line downstream of the meter but prior to the first branch line. 3) Swimming Pools Page 7 of 16 122

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ Swimming pools connected to the City of Dover public water system shall be protected against backflow. Separate backflow prevention in the form of a RPBP or PVB is required on the water service line where the service line branches off to supply the swimming pool. 4) Fire Suppression Systems Those premises which have a fire suppression system connected to the public water system shall be equipped with appropriate backflow prevention. Fire suppression systems shall be independently protected against backflow by appropriate backflow prevention. The installation of the backflow prevention on a fire suppression system, of whatever sort, shall be installed in such a way as to not adversely affect the operation of the fire suppression system. They must be installed in accordance with the City of Dover Fire Marshal’s Office. 5) Other If the premises does not qualify under Section 3.6, 1) through 4) above, but is determined to exceed a low-level hazard, the City has the right to require the installation of the appropriate backflow prevention commensurate with the degree of hazard at the premises to protect the public water system. 3.7 Other Service Types 1) Temporary Water Services Temporary connections to the public water system shall have the appropriate backflow prevention as approved by the City. Contact the City per Appendix A for review. 2) Water Trucks and Mobile Equipment Unauthorized use of the public water system for direct fill up of water reservoirs, tanks, or comparable equipment on vehicles and mobile equipment is strictly prohibited and may be subject to fees or fines in accordance with the Dover Code of Ordinances, Appendix F Fees and Fines, Chapter 110. Use of the public water system for direct fill up is permissible if and only if the request and the proposed backflow prevention is approved by the City. Contact the City per Appendix A for review. 3) Tall Buildings Buildings that contain plumbing that meets or exceeds thirty (30) feet in elevation above the water main, where the service line taps the water main, shall be required to have, at a minimum, backflow prevention in the form of a DCV. 3.8 Testing of Backflow Prevention Assemblies Page 8 of 16 123

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ 1) All testable backflow prevention assemblies, including residential backflow prevention assemblies, shall be tested upon installation, repair, relocation, after a reported backflow incident, and on an annual basis. Assemblies must be tested in accordance with the applicable ASSE standard, the applicable portions of the International Plumbing Code (IPC) as adopted by the City of Dover or as required to be administered by the municipality per Delaware code, and the manufacturers’ installation requirements, most recent version. 2) Equipment, such as three and five hose test gauges, used to field test assemblies must be certified and calibrated for accuracy annually. Single hose testing is prohibited. 3) Assembly test forms to record test results will be maintained by the Property Owner and shall be submitted and filed in a location as directed by the City or their Agent. 4) The Property Owner shall have all assemblies tested by a certified Tester having completed the applicable forty (40) hour ASSE Backflow Prevention Assembly Tester Training and Certification Course. All Testers must also complete a recertification exam at an interval not to exceed once every three (3) years. • For fire suppression systems, the Tester shall be a licensed public fire protection company approved and listed on the State of Delaware office of the State Fire Marshal’s most recent listing. 3.9 Assembly and Device Abbreviation List Backflow Prevention Assembly and Device Legend A.S.S.E Standard Legend Acronym Testable Device 1001 Atmospheric Type Vacuum Breakers AVB No 1002 Anti-siphon Fill Valves (Ballcocks) ASBC No 1011 Hose Connection Vacuum Breaker HBVB No 1012 Backflow Preventer w/Intermediate Atmospheric Vent VDCV No 1013 Reduced Pressure Backflow Prevention Assembly RPBP Yes 1015 Double Check Valve Backflow Prevention Assembly DCV Yes 1019 Vacuum Breaker Wall Hydrants HBIVB No 1020 Pressure Vacuum Breaker Assembly PVB Yes 1022 Backflow Preventer for Carbonated Beverage Machine VMBP No 1024 Dual Check Valve Type Backflow Preventers DC No 1024 Residential Dual Check RDC Yes/No 1035 Laboratory Faucet Backflow Preventer LFVB No 1037 Pressurized Flushing Devices (Flushometers) PFD No 1047 RP Detector Backflow Prevention Assembly RPDA Yes 1048 Double Check Detector Backflow Prevention Assembly DDCV Yes 1052 Hose Connection Backflow Preventer HCBP No 1055 Chemical Dispensing Systems AG No 1056 Spill Resistant Vacuum Breaker Assembly SVB Yes 1057 Freeze Resistant Yard Hydrant W/Backflow No A112.1.2 Air Gap AG No Page 9 of 16 124

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ 4. SURVEYS OF EXISTING CUSTOMERS 4.1 Responsibility of the Property Owner The Property Owner shall be responsible for participation in the Initial Survey and Site Survey(s) for their premises, when applicable. 4.2 Initial Survey 1) The Initial Survey form will be provided to premises served by the City of Dover public water system to determine the level of hazard existing at the premises and to obtain record of existing backflow prevention installed. At the effective date of the CCC Program, the City or their Agent will send the Initial Survey to all existing non-residential premises. Once completed, residential premises will be contacted. 2) If it is determined by the City or their Agent that a site visit is required as a follow-up to the Initial Survey, the Property Owner will be contacted to schedule the site survey. 3) If it is determined that backflow prevention needs to be installed, altered, replaced, relocated, or repaired, the Property Owner shall have forty-five (45) days from receipt of the first notification letter from the City to perform the required work. 4) All work required by the City or their Agent, including but not limited to installation, alteration, replacement, relocation, or repair of backflow prevention shall be completed under an approved City of Dover permit through the offices of the Building Inspector and the City Planner in accordance with Dover Code of Ordinances Chapter 22 Building and Building Regulations, Chapter 46 Fire Prevention and Protection, and other applicable sections. 4.3 Site Survey 1) After the Initial Survey, Site Surveys will be conducted at certain times, as outlined below, on the Property Owner’s premises. Survey scheduling and completion shall be the responsibility of the Property Owner. The City or their Agent will contact the Property Owner, when necessary, to provide notification that a survey is required. Site Surveys will be completed at the following intervals, when applicable: • Backflow Prevention Assembly Testing Site surveys shall be conducted by a certified Tester/Surveyor during the testing of a backflow prevention assembly, which occurs upon installation, repair, relocation, after a reported backflow incident, and on an annual basis. • Substantial Change to Premises Site Surveys shall be conducted if there is a substantial change to the premises. This includes, but is not limited to, change in premises plumbing, addition of a water service line(s), addition of fire suppression, or any other substantial additions or modifications to the premises which may affect the City of Dover public water system. • Reassessment Page 10 of 16 125

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ Existing service line connections shall be reassessed/surveyed at an interval of no more than every ten (10) years to determine if the existing backflow prevention is appropriate for the level of hazard, or if service line backflow protection is required. 2) Internal Plumbing System Survey • The facilities internal water use practices shall be reviewed by a certified Surveyor during the Site Survey to determine whether there are actual or potential cross-connections to the plumbing system through which contaminants or pollutants could backflow into the public water system and/or the facility’s internal plumbing system. • Recommendations for internal plumbing cross-connection control and backflow prevention will be provided to the Property Owner upon survey completion. 3) Surveyors Surveyors having proper identification shall be permitted to enter the building/premises at any reasonable time for the purpose of survey for the presence or absence of cross- connections, testing, repair, and maintenance of any part of the plumbing system related to any cross-connection control device connected to the City of Dover public water system. A Surveyor having both the required experience component and certification/training component shall be contacted by the Property Owner to conduct on-site surveys in accordance with this CCC Program. • Surveyor Experience Acceptable experience must include one (1) or more of the following: a. Be employed or have been employed by a Water Utility, Water Purveyor, Building Department, Code Enforcement Department for a period of not less than three (3) years, not more than five (5) years ago; or, b. Held the position of Cross-Connection Surveyor, or similar position, with a municipal body or branch of the military for a period of not less than three (3) years, not more than five (5) years ago; or, c. Have one (1) year or more full-time experience in conducting cross-connection control surveys in non-residential and/or residential facilities for a private, non- governmental, entity. • Surveyor Certification/Training Acceptable certification/training shall include successful completion of the American Society of Sanitary Engineers Standard 5120 – relating to Cross-Connection Control Surveyors and a current, valid certification of completion. (All Surveyors must complete a recertification exam at an interval not to exceed once every three (3) years.) Page 11 of 16 126

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ a. Fire suppression backflow preventers shall be inspected by a licensed public fire protection company approved and listed on the State of Delaware office of the State Fire Marshal’s most recent listing. 4) Survey Forms A Survey Form shall be used in every required survey and will be filed in a location as directed by the City. This form will be used to record the level of hazard existing at the premises, any existing backflow prevention discovered at the premises and any additional backflow prevention required or recommended to be installed at the premises at the time of the survey. 5) Survey Procedure Completed CCC surveys shall include the following information: • Identify the premises to be surveyed and date of survey. • The building or facility contact/Property Owner, or their designated representative. • Notation that the building or facility contact/Property Owner or their designated representative was explained the purposes of the CCC Program. • Survey/Evaluate the level of hazard present within the premises and the status of cross-connection control and backflow prevention containment protection on the premises. • Survey the premises and record the following information: a) Any identified deficiency in the exposed piping and water outlets/uses downstream of the service connection(s) b) All existing backflow prevention assemblies, devices, and methods (including make, model #, size, serial # if applicable) that are currently in place on the premises c) Any point of use or equipment supplied for each backflow prevention assembly, device, or method • Any required or recommended backflow prevention assemblies required to be installed at the premises for corrective action or containment or isolation protection. • A piping diagram or schematic of the plumbing system may be requested or required. 4.4 Record Keeping and Data Management The City or their Agent has the right to request specific CCC and backflow prevention related information, including but not limited to, containment or service line protection methods, backflow assembly installation, repair, relocation, and test records, CCC Program compliance information, and piping diagrams for the premises. All data, reports, test results, surveys and any other related information obtained by the City or their Agent from the Property Owner will be entered into a data management system and held for a period of no less than ten (10) years, per the CCC Code. This information will include: • Address and location Page 12 of 16 127

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ • The building or facility contact/Property Owner, or their designated representative and their contact information • Survey information • Premises type/use • Level of hazard classification • Backflow prevention assemblies present at the premises • Location of any assemblies • Make, model, and size of assemblies • Testing and maintenance records for the assemblies • Description of other cross-connections within the building or facility - Air gaps - Non-testable devices - Methods 5. SITE PLANS AND PERMITS 5.1 Procedures Site plans and permits submitted to the City of Dover shall be reviewed by the City for compliance with the CCC Program and backflow prevention requirements, when applicable. 5.2 Inspections The City of Dover shall continue to inspect the work authorized by the permit, in compliance with Dover Code of Ordinances Chapter 22 Building and Building Regulations and Chapter 46 Fire Prevention and Protection. Service line connections shall be assessed by the City or their Agent to determine the level of hazard and the appropriate method of containment backflow protection required. 5.3 Records All data, surveys, reports, test results and any other related information obtained by the offices of the City of Dover Building Inspector, City Planner and Fire Marshal for permit-required work including backflow prevention assemblies, devices and/or methods shall be provided to the administers of the CCC Program. This shall also include all annual testing reports provided by the Property Owner to the Planning & Inspections and Fire Marshal offices. 6. ENFORCEMENT Failure, refusal, or the inability on the part of the Property Owner to comply with the requirements of this CCC Program shall be unlawful and may be subject to the Dover Code of Ordinances, Appendix F Fees and Fines, Chapter 110. After reasonable notice to the occupants, the City may also deny or discontinue water service to any building/premises for refusal or failure to comply with the CCC Program. Page 13 of 16 128

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ If there are any special circumstances in which the Property Owner believes compliance cannot be reached, the Property Owner or their designee can contact the City per Appendix A, and the City shall review on a case-by-case basis. 6.1 Non-Compliance Non-compliance with the CCC Program includes, but is not limited to, the following: • Failure to test assemblies and/or submit appropriate test forms. • Refusal or failure to complete and/or return the Initial Survey provided to the Property Owner. • Refusal or failure to schedule a cross-connection survey and/or submit completed survey forms. • Failure, refusal, or the inability on the part of the Property Owner to correct any deficiency or violation found during a survey in the timeline indicated below: Timeline for Corrective Actions by Property Owner: The Property Owner shall have forty-five (45) days from receipt of the first notification letter from the City, to correct any deficiency or violation noted in the letter. After these forty-five (45) days have passed and the Property Owner has not corrected any deficiency or violation, a second notification shall be sent to the Property Owner from the City, providing another forty-five (45) days from receipt of this second letter to correct any deficiency or violation noted in the letter. After these forty-five (45) days have passed and the Property Owner has not corrected any deficiency or violation, a third letter shall be sent to the Property Owner from the City notifying the Property Owner that they are now subject to fees or fines in accordance with the Dover Code of Ordinances, Appendix F Fees and Fines, Chapter 110. 6.2 Site Plans and Permits 1) It shall be unlawful for the failure, refusal, or the inability on the part of the Property Owner/Developer to comply with the CCC Program and backflow prevention requirements during site plan/permit review or in performing the work authorized by the City of Dover permit, in the timeframe indicated to the Property Owner by the City. The water service and the certificate of occupancy may be initiated, for a limited period not to exceed forty-five (45) days, until compliance is achieved and approved. The City may deny water service to the premises. 6.3 Danger to Public or Occupants 1) If there is reason to believe the building/premises poses an immediate danger to the public and/or occupants, the City shall deny or discontinue water service to the building/premises. 7. EDUCATION AND AWARENESS Those involved in the City’s CCC Program must have a thorough understanding of cross-connection control. They shall receive proper in-the-field training as well as classroom education focusing on terminology, backflow prevention, regulations, and hydraulic concepts, coordinated by the public Page 14 of 16 129

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ water system. In addition, they will be encouraged to receive continuing education to be made aware of new backflow prevention, regulation changes (i.e., plumbing code updates), new water use devices that pose cross-connection concerns, etc. Additionally, public education about cross-connection and backflow prevention will be provided, including but not limited to, distributing pamphlets on common residential cross-connections, visiting schools, providing onsite education of facility management and maintenance staff when requested, speaking at homeowner’s association meetings and neighborhood meetings, providing information on the City of Dover website, social media posts, and newsletter article(s), or posting newspaper announcements. Educational content will comply with the applicable CCC Code requirements with respect to public education. The City and their Agent shall be available upon request to provide backflow prevention education to pertinent community officials and City of Dover employees. Page 15 of 16 130

City of Dover, DE Item 5. Cross-Connection Control Program Adopted _______ APPENDIX A – CCC PROGRAM INFORMATION CONTACT INFORMATION Phone Number 302-736-7025 City of Dover E-mail waterquality@dover.de.us Fax Number 302-736-4217 CCC PROGRAM INFORMATION Website https://www.cityofdover.com/WaterandWastewater Title 16 Del. Admin Code § 4662-21.0 Cross- regulations.delaware.gov/AdminCode Connection Control Page 16 of 16 131

Item 5. City of Dover Cross-Connection Control Program Cross-Connection and Backflow Protection Initial Survey Form Name: ________________________________Company/Organization: __________________________ Service Address: ________________________ Type of Business on Property: _____________________ City: _______________ State: _____________ Zip Code: _____________________________________ Phone: _______________________________ Alternate Number: _____________________________ Utility Account Number: _________________ E-mail: _______________________________________ What type of property is this? Duplex ___ Apartment ___ Business ___ Mixed Use ___ Single-Family___ Residence ___ Other_________________________________ (please specify)  I authorize the use of my provided e-mail address to receive official notifications from the City of Dover. I understand my information will not be sold or shared with others. GENERAL WATER USE AT YOUR LOCATION (OTHER THAN FIRE PROTECTION) Please check ALL boxes that apply/best describe the use of water at your facility. ___ Typical, such as bathrooms, drinking fountains, outside water faucets, household laundry or dishwashing appliances. ___ Private well(s) supplying any part of your facility. ___ Piped into a manufacturing process. ___ Piped into a chemical process. ___ Piped, underground lawn sprinkler/irrigation system. ___ Piped into a swimming pool. ___ Piped into water operated/cooled equipment/appliances/boilers. ___ Medical, pathology, research chemical or bacteriological lab. ___ Non-potable, recycled water, grey/rainwater recovery system. ___ Piped to a boiler (does not include water heaters). ___ Piped to a cooling tower (does not include air conditioning). ___ Hazardous chemicals onsite: ___________________________. 132

Item 5. Please check ALL types of backflow prevention devices installed on your plumbing system. ___ None ___ Residential Dual Check (RDC) ___ Reduced Pressure Zone Device (RP) ___ Double Check Valve (DC) ___ Pressure Vacuum Breaker (PVB) ___ Spill Resistant Vacuum Breaker (SVB) ___ Other: ________________________ Existing Device Information (if applicable): Manufacturer__________________________ Model______________________________ Serial #_____________________________________________________________________ Size_________________________________ Type: (Circle) RP : DC : PVB : RDC Manufacturer__________________________ Model______________________________ Serial #_____________________________________________________________________ Size_________________________________ Type: (Circle) RP : DC : PVB : RDC FIRE PROTECTION SERVICES Please check ALL boxes that apply/best describe your fire protection account: ___ This account serves private hydrants only (no fire sprinkler system in facility). ___ This account serves an installed fire sprinkler system. ___ Fire sprinkler system has outside fire department connections for pumping into system. ___ Fire sprinkler system contains antifreeze or other chemicals. ___ Fire sprinkler system is also supplied by an auxiliary source of water (i.e., pond, reservoir, or storage tank). Please check ALL types of backflow prevention devices installed on your sprinkler system. ___ None ___ Single Swing Check with Post Indicator Valve ___ Reduced Pressure Zone Device (RP) ___ Reduced Pressure Principle Detector Assembly (RPDA) ___ Double Check Valve (DC) ___ Double Check Detector Assembly (DCDA) 133

Item 5. ___ Other ______________________________ Existing Device Information (if applicable): Manufacturer__________________________ Model______________________________ Serial #_____________________________________________________________________ Size_________________________________ Type: (Circle) RP : DC : PVB : RDC If backflow prevention devices are installed on your plumbing/fire sprinkler system, it is required by the City of Dover that they be tested annually, and copies of the test reports be maintained on file with the City of Dover or their agent. If you do not have current copies of the test reports on file with us, please attach to this survey. Generic test report forms can be found on our website at www.NAWSC.net. ___________________________________ Signature of person completing this survey Print name: ________________________________ Date: __________________________________ Please return this completed form by mail or email to the City of Dover’s Cross Connection Control Program administrator: By Mail: NAWSC PO BOX 773 Middletown, DE 19709 Email: ccc@nawsc.net 134

Item 5. BACKFLOW PREVENTION ASSEMBLY TEST & MAINTENANCE FORM THIS FORM MUST BE COMPLETED BY AN ASSE-CERTIFIED TESTER 1. GENERAL INFORMATION NAME OF FACILITY SERVICE ADDRESS SERVICE CLASS DEVICE LOCATION HAZARD ID # ACCOUNT NUMBER METER # MANUFACTURER MODEL SERIAL NO. SIZE TYPE 2. TEST & REPAIR INFORMATION DIFFERENTIAL PRESSURE CHECK VALVE NO. 1 CHECK VALVE NO. 2 PRESSURE VACUUM BREAKER RELIEF VALVE □ LEAKED □ LEAKED □ AIR NET OPENED AT PSID □ CLOSED TIGHT □ CLOSED TIGHT □ OPEN AT PSID □ DID NOT OPEN INITIAL TEST PRESSURE DROP ACROSS PRESSURE DROP ACROSS □ DID NOT OPEN □ CHECK VALVE PSID FIRST CHECK VALVE PSID SECOND CHECK VALVE PSID □ CHECK VALVE LEAKED REPAIR □ LEAKED □ LEAKED □ AIR NET OPENED AT PSID □ CLOSED TIGHT □ CLOSED TIGHT □ OPEN AT PSID □ DID NOT OPEN FINAL TEST PRESSURE DROP ACROSS PRESSURE DROP ACROSS □ DID NOT OPEN □ CHECK VALVE PSID FIRST CHECK VALVE PSID SECOND CHECK VALVE PSID □ CHECK VALVE LEAKED DATE PASS REMARKS CONDITION OF NO. 2 □ CLOSED TIGHT □ LEAKED LINE PRESSURE PSIG CONTROL VALVE DATE FAIL 3. APPROVALS “I Hereby Certify that this Data is Accurate and Reflects the Proper Operation and Maintenance of the Assembly.” NAME OF CERTIFIED BACKFLOW TESTER (PRINT) PHONE NUMBER BUSINESS NAME TEST GAUGE SERIAL NUMBER TEST GAUGE LAST CALIBRATION DATE SIGNATURE OF INITIAL TESTER CERTIFIED TESTER NUMBER DATE INITIAL TEST SIGNATURE OF REPAIRER CERTIFIED TESTER NUMBER DATE REPAIRS (IF APPLICABLE) SIGNATURE OF FINAL TESTER CERTIFIED TESTER NUMBER DATE FINAL TEST 135

Item 6. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance, and Administration DEPARTMENT OF ORIGIN: Council SUBMITTED ON: September 20, 2022 PREPARED BY: Rachel Engle Assistant City Clerk on behalf of Councilman Neil REVIEWED BY: Mary Ellen Gray, Director of Planning and Inspections, Mr. Rodriguez, and Mr. Neil SUBJECT: Proposed Ordinance #2022-08 – Amending Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities – Section 66-3 Manufactured and mobile homes TIMETABLE: First Reading October 10, 2022, and Final Reading October 24, 2022 RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Approve Ordinance for First Reading at the October 10, 2022, Regular City Council Meeting BACKGROUND AND ANALYSIS: Community Owners repossess homes for several reasons including the failure to pay the lot rent, four late rent payments in a year, or other lease offenses. They also buy new homes, used homes, and a shell of a house with no requirement that the home buyer use licensed or competent labor to make the home habitable. The city cannot interfere with a homeowner selling to a prospective buyer. Manufactured Homes leave the factor with a unique registration number as do vehicles. Delaware requires each home to have a Title and sales and resales are handled as if the home was a vehicle. As indicated by Deputy Attorney Brian Eng, and evidenced at Kings Cliffe, homes are being sold without Titles transferred to the buyer, an illegal act. The intent of this amendment is to ensure that any home sold by the community owner, or any re-seller of homes, including a Straw owner, from selling a home that would be a health or safety hazard for an unsuspecting buyer. 136

Item 6. City of Dover PROPOSED ORDINANCE #2022-08 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities – Section 66-3 5 Manufactured and mobile homes, be amended by inserting the text indicated in bold, blue font and 6 deleting the text indicated in red strikeout as follows: 7 8 Section 66-3 – Manufactured and mobile homes. 9 10 (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from the city 11 planner or his/her authorized agent a placement permit for such manufactured home prior to 12 placement of the home within the city. The owner of the manufactured home shall pay a fee for 13 such permit as provided for in Appendix F—Fees and Fines. No certificate of occupancy shall be 14 issued for a newly placed manufactured home that has not also been issued a placement permit. 15 16 (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home, the 17 home shall pass inspection by a city building inspector licensed as a manufactured home inspector 18 by the state. The owner of the manufactured home shall cause a manufactured home installer 19 licensed by the state to firmly attach the home to the ground by means of a permanent foundation 20 or anchors, and cause any open space beneath the unit to be skirted or enclosed with material 21 approved by the building inspector. 22 23 (c) License. The owner of any mobile home or manufactured home that is not placed on a permanent 24 foundation shall obtain an annual license for it. The owner of the mobile home or manufactured 25 home shall pay an annual fee for such license as provided for in Appendix F—Fees and Fines. 26 Any Manufactured Home owned by the Community Owner or Assignee that is purchased or 27 repossessed by the Community Owner or Assignee in the Community must be re-inspected 28 for habitability before being sold or rented to any person to remain in the Community and 29 no Certificate of Occupancy or license shall be approved unless inspected and certified by a 30 city building inspector. This is the sole responsibility of the Community Owner or Assignee 31 and if this subsection is not complied with, the Community Owner or Assignee shall be 32 assessed fees and fines in accordance with Appendix F, each day the home is occupied 33 without it being approved for resale or rental. If such manufactured home is newly moved into 34 the city, the owner of the manufactured home shall obtain the license and shall pay the license fee 35 within seven days of issuance of a certificate of occupancy for the home. Payment of the license 36 fee shall be prorated on a quarterly basis for each fractional part of a year during which the 37 manufactured home is in the city. 38 39 (d) Conditions for license. No license for a new manufactured home shall be issued until the home has 40 passed inspection and received a certificate of occupancy as required by this section. 137

Proposed Ordinance #2022-08 – Chapter 66, Section 66-3 Manufactured and mobile homes Page 2 Item 6. 41 42 (e) Moving within or out of city. When the owner of a mobile home or manufactured home removes 43 the home from its current site or lot, the owner shall obtain a demolition permit for the removal. 44 45 (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city 46 departments during the permitting and licensing process regarding the appropriate times to transfer 47 responsibility for utilities and activate service. 48 49 (g) The owner of the home will have in their possession a Delaware Motor Vehicle Title. The 50 Community owner or Assignee will have on file all Delaware Motor Vehicle Titles for rental 51 homes owned by said community. 52 53 (h) In addition to City fines for violations, should the City uncover any fraudulent practices it 54 must be reported to the Department of Justice for investigation. 55 (Ord. No. 2018-01 , 9-24-2018) 56 57 BE IT FURTHER ORDAINED: 58 59 That Appendix F - Fees and Fines, Chapter 66 - Manufactured Homes, Mobile Homes, and Land 60 Lease Communities be amended by inserting the text indicated in bold, blue font and deleting the 61 text indicated in red strikeout, as follows: 62 Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Fees and Fines Communities Sec. 66-3. Manufactured and mobile homes Subsec. (a) Required fee from homeowner $50.00 each one-time placement permit Subsec. (c) Required fee from homeowner $45.00 each license annually Subsec. (c) Violations; Penalties Not less than $100, nor more than 1,000 for each violation 63 64 ADOPTED: * 65 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 66 67 68 SYNOPSIS 69 Community Owners repossess homes for several reasons including the failure to pay the lot rent, four 70 late rent payments in a year, or other lease offenses. They also buy new homes, used homes, and a shell 71 of a house with no requirement that the home buyer use licensed or competent labor to make the home 72 habitable. The city cannot interfere with a homeowner selling to a prospective buyer. Manufactured 73 Homes leave the factor with a unique registration number as do vehicles. Delaware requires each home 74 to have a Title and sales and resales are handled as if the home was a vehicle. As indicated by Deputy 138

Proposed Ordinance #2022-08 – Chapter 66, Section 66-3 Manufactured and mobile homes Page 3 Item 6. 75 Attorney Brian Eng, and evidenced at Kings Cliffe, homes are being sold without Titles transferred to 76 the buyer, an illegal act. 77 78 The intent of this amendment is to ensure that any home sold by the community owner, or any re-seller 79 of homes, including a Straw owner, from selling a home that would be a health or safety hazard for an 80 unsuspecting buyer. 81 82 (SPONSORS: NEIL AND ANDERSON) 83 84 85 Actions History: 86 September 27, 2022 – Introduced at Legislative, Finance, and Administration Committee 139

Item 7. ACTION FORM PROCEEDING: Council Committee of the Whole DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: August 23, 2022 PREPARED BY: Mary Ellen Gray and Eddie Kopp SUBJECT: Code Revision: Chapter 22, Property Maintenance and Appendix F – Fees and Fines REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: EXHIBITS: Ordinance Number 2022-10 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Amend Code as requested BACKGROUND AND ANALYSIS Summary/Synopsis This ordinance allows unpaid fines and fees for fines issued under the property maintenance code and the fire code to be placed as a lien against the property on which the violation occurred and added as a tax as part of the annual property tax bill and collected as part of the city property tax collection. Currently only unpaid grass violation fees, rental fees, dangerous building and vacant building fees are placed as liens on the property. As a result there is a high level of compliance of payment of these fines. We currently have over a $$,$$$,$$$ (need to get from Eddie and Jason) in unpaid fines that don’t become liens. Fines and violations are meant to be an incentive to keep in compliance with the Code. 140

Item 7. City of Dover CITY OF DOVER ORDINANCE #2022-10 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance Code 5 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red 6 strikeout as follows: 7 8 CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS 9 10 ARTICLE VII. – PROPERTY MAINTENANCE CODE 11 12 Section 22-226 Violations and penalties 13 14 (a) Any person, firm, or corporation who violates any provision of this article shall be 15 penalized by a fine as provided for in Appendix F—Fees and Fines. 16 17 Secs. 22-2267—22-250. - Reserved. 18 19 BE IT FURTHER ORDAINED: 20 21 That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by 22 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 23 24 APPENDIX F – FEES AND FINES 25 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be granted $25.00 per 180-day with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues shall Fine of not less than be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 141

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 2 Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of 142 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 3 costs or multiple thereof Subsec. (a) Demolition permits, any building which is being demolished $50.00; $0.00 if for the purpose of vacating the land for future development or condemned and construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject to $20.00 per set of plans doubling) Subsec. (b) Reinspections (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five 143 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 4 tons and $7.00 per ton over five tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Article VII. Property Maintenance Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 22-226. Violations Subsec. (a) Violations; penalties Not less than $25.00, nor more than $1,000.00 Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $50.00 144 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 5 Each subsequent offense $100.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $50.00 for the first ten rooms and $5.00 for each additional room. Annual dormitory permit fee $50.00 for the first ten rooms and $2.50 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $50.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $100.00 Single-family attached dwelling, each dwelling $80.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $100.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $100.00 For each additional dwelling unit in excess of three $35.00 Condominium units and accessory apartments located within $35.00 structures principally used for owner occupancy, each 145 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 6 Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $100.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a license $100.00 (not prorated) in addition to license Subsec. (c) Penalties for violations $100.00 per offense Article XI. Dangerous Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Subsec. (b) Violations by occupant or lessee, each offense, minimum $100.00 Subsec. (c) Removal of notice, each offense, not to exceed $100.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three years $1,500.00 Buildings vacant for more than three years but less than five years $3,000.00 Buildings vacant for five years or longer $5,000.00 26 27 28 That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be amended by 29 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 30 31 APPENDIX F – FEES AND FINES 32 146 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 7 33 Chapter 46. Fire Prevention and Protection Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 46-1. Means of egress Subsec. (f) Penalties Any exit access, exit, or exit discharge, with the exception of a locked $100.00 first offense exit door, found to be in violation of this section $200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $100.00 per device, first offense; $200.00 per device, second and subsequent offenses Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (a)(1) Responsibility for malfunctioning and preventable alarms, Should the person owner response, and corrective action; generally notified fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the premises a fine of $100.00 Subsec. (a)(2) Responsibility for malfunctioning and preventable alarms, Failure to return owner response, and corrective action; malfunction documentation of service/repair within the period of time stated on the notice of violation, which is 147 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 8 satisfactory to the fire marshal, will result in assessment against the owner of a fine of $100.00 for the fire alarm malfunction Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $100.00 Fourth alarm $200.00 Fifth alarm $250.00 All over fifth alarm, each alarm $250.00 Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be preventable alarms; panel reset assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. $100.00 for second and subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Subsec. (c)(1) Penalties; Any fines issued for violation of this section Not less than $25.00, nor more than $1,000.00 Article II. Fire Department Sec. 46-44 Failure to answer alarms, orders and perform duties orderly; Fine of not less than Penalties $25.00, nor more than $1,000.00 or by suspension from the fire department or both Article III. Fire Codes Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor and the work is not being done by a professional contractor. 148 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 9 Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system; provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Third reinspection $200.00 Any subsequent reinspection $250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire alarm buildings per complex system Exception: Apartment or other multifamily dwelling—More than five $15.00 each fire alarm buildings per complex system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire alarm systems Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than five $15.00 each fire buildings per complex suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire suppression systems Sec. 46-127 Smoke detection devices Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. 149 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 10 Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $150.00 per violation, or both such penalties Article IV. Public Occupancies Sec. 46-164. Fees Assembly No charge for an occupant load less than 75; $100.00 for an occupant load of 75 or greater Assembly—Fixed Seating $100.00 for first 200 seats and $10.00 each additional 50 seats Educational $100.00 Day Care $50.00 for Day Cares as defined by Appendix B - Zoning, Article 5, Sections 14.22, 14.23 and 22.1; $100.00 for other day cares Health Care $100.00 first 25 rooms and $5.00 for each additional room Ambulatory Health Care $100.00 Residential $100.00 per building Residential Board and Care $100.00 Mercantile over 10,000 sq. ft. $100.00 Business over 10,000 sq. ft. $100.00 Industrial $100.00 Storage over 10,000 sq. ft. $100.00 Assembly special provisions 1 $25.00 Assembly special provisions 2 $100.00 Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and 150 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 11 which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection Article V. Fire Lanes Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 34 35 36 37 38 ADOPTED: * 39 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 40 41 42 SYNOPSIS 43 This ordinance allows unpaid fines and fees for fines issued under the property maintenance 44 code and the fire code to be placed as a lien against the property on which the violation occurred and added 45 as a tax as part of the annual property tax bill and collected as part of the city property tax collection. 46 Currently only unpaid grass violation fees, rental fees, dangerous building and vacant building fees are 151 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 7. Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and Fines Page 12 47 placed as liens on the property. As a result there is a high level of compliance of payment of these fines. We 48 currently have over a $$,$$$,$$$ (need to get from Eddie and Jason) in unpaid fines that don’t become liens. 49 Fines and violations are meant to be an incentive to keep in compliance with the Code. 50 51 (SPONSORS: *, *, *) 52 53 54 Actions History: 55 *(September 27, 2022) - *(Introduced at CCW, September 27, 2022) 56 152 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Item 8. ACTION FORM PROCEEDING: Council Committee of the Whole DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: August 23, 2022 PREPARED BY: Mary Ellen Gray and Eddie Kopp SUBJECT: Code Revision: Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: EXHIBITS: Ordinance Number 2022-14 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Amend Code as requested BACKGROUND AND ANALYSIS Summary/Synopsis This ordinance deletes the Safe Communities Ordinance which, according to the City Solicitor the Safe Communities Ordinance is problematic from an enforcement standpoint and believes that it a violation of the Residential Landlord- Tenant Code, 25 Del C. § 5101 et seq. This ordinance clarifies that an inspection is required in order to renew a rental license and raises the fees for rental permits which are more in line with what Newark (which has a high number of rentals given the student population) charges but is below the total amount of what Lewes and Rehoboth charge as well as helping to defray rising costs for inspections. This ordinance also requires that property owners who rent out properties have property insurance and allows unpaid fines related to rentals to become tax liens on the property. Comparison of Fines in Nearby Jurisdictions Newark charges $200 per year for rental license for a single-family home, and $55 per year for a dwelling unit that has 14 or more units. A late fee of $50 per unit is charged if not paid within 30 days. Smyrna charges $35 for inspection, $50 for reinspection, and $100 for violations and doubles to $100 if not paid within 30 days. Rehoboth charges $50 per year for each unit with at least one bedroom, then additional $20 for each bedroom in excess of two bedrooms. In addition, Rehoboth charges an annual gross receipts tax at the rate of 6% of the rent for occupancy. Lewes charges $83 per for each unit. In addition, Lewes charges an annual gross receipts tax at the rate of 5% of the rent for occupancy. 153

Item 8. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2022-14 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, be amended by 5 inserting the text indicated in bold, blue, and deleting the text indicated in red strikeout as 6 follows: 7 8 DIVISION 1. GENERALLY 9 10 Sec. 22-331. Purpose; applicability; definitions; compliance. 11 . 12 (a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare 13 insofar as they are affected by the continued occupancy and maintenance of dwellings operated 14 for lease to the public. The health, safety and welfare of the occupants of the dwellings are of 15 the utmost importance to the city, as is the general community character in which these dwelling 16 units are located. 17 18 (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to 19 rental dwellings. Where, in this article, different sections of this Code may specify different 20 requirements, the most restrictive shall govern. 21 22 (c) Definitions. The following words, terms and phrases, when used in this article, shall have the 23 meanings ascribed to them in this subsection, except where the context clearly indicates a 24 different meaning: 25 26 (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, 27 (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense 28 defined by Title 16 of the Delaware Code, and the following misdemeanors in addition 29 to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601— 30 Offensive touching, § 602—Menacing, § 628—Vehicular assault 3, § 763—Sexual 31 harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 32 820—Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a 33 vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301—Disorderly 34 conduct, § 1313—Malicious interference with emergency communications, § 1315— 35 Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323— 36 Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, § 1343— 37 Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 38 1446—Unlawfully dealing with a switchblade knife. 39 40 (2) Dwelling unit means a single unit providing complete independent living facilities 154

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 2 41 for one or more persons, including permanent provisions for living, sleeping, eating, 42 cooking and sanitation. 43 44 (3) Liability insurance refers to an insurance product that provides an insured 45 party with protection against claims resulting from injuries and damage to 46 other people or property. Liability insurance policies cover any legal costs and 47 payouts an insured party is responsible for if they are found legally liable. 48 49 50 (34) Multiple-family dwellings means dwelling units operated as a group, and located in 51 the same building. This shall include apartments, roominghouses, condominium 52 dwelling units, and accessory apartments located within structures principally used 53 for owner occupancy. 54 55 (45) Property insurance means financial reimbursement to the owner or renter of a 56 structure and its contents in case there is damage or theft—and to a person 57 other than the owner or renter if that person is injured on the property. 58 59 (56) Rental dwelling means a dwelling unit that is leased for occupancy to a person or 60 persons in exchange for monetary payment or provision of goods or services to the 61 owner of the dwelling unit. 62 63 (67) Single-family dwellings means dwelling units operated singly, and separated from 64 other units. In general, this definition shall apply to single-family detached 65 dwellings; mobile homes and manufactured homes; and attached units, including 66 duplexes and townhouses. 67 68 (d) Compliance required. No person shall operate, occupy or let to another for occupancy any 69 dwelling which is not in compliance with the International Property Maintenance Code 70 adopted in section 22-221 and all other applicable codes. 71 72 (Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-2016) 73 74 Sec. 22-332. - Inspection required. 75 76 (a) The code enforcement office, in accordance with the procedures set forth in the International 77 Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for 78 compliance with the property maintenance code and all other applicable codes to ensure 79 compliance. 80 81 (b) An inspection is required prior to the issuance of any new rental dwelling permit. 82 83 (bc) Following an inspection, the code enforcement office shall issue a letter and/or report of any 84 code violations and provide a timeline for compliance. There shall be no fee for the first 85 followup inspection. Each subsequent reinspection shall be subject to a fee as provided for in 86 Appendix F—Fees and Fines. 87 (Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 155

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 3 88 2013-04, 4-8-2013) 89 Sec. 22-333. - Agent required. 90 (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be 91 required to have a licensed property manager residing or having an office located in the 92 county., or a family member or other designated individual who does not manage any other 93 rental real estate for a fee and who resides in the county acting as a property manager. The 94 property manager, including family members and designated individuals, shall have charge, 95 care and control of the rental dwelling, and shall provide access to the rental dwelling for 96 inspection, upon request by the code official building inspector or city planner, within a 97 reasonable time. 98 99 (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling 100 shall have a designated member, partner, or employee having charge, care, and control of the 101 rental dwelling. The designated member, partner or employee shall reside in or have an office 102 located in the county, or shall be required to have a licensed property manager residing or 103 having an office located in the county, or a family member or other designated individual who 104 does not manage any other rental real estate for a fee, and who resides in the county, acting as 105 a property manager. The property manager, family members or other designated individuals 106 shall have charge, care and control of the rental dwelling, and shall provide access to the 107 rental dwelling for inspection, upon request by code official the building inspector or city 108 planner, within a reasonable time. 109 (Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-04, 4- 110 8-2013) 111 112 Sec. 22-334 Insurance required 113 114 Any owner of a rental property shall have property insurance in sufficient amount to replace the 115 estimated value of the improvements on the property and provide protection for claims against the 116 property. 117 118 Proof of insurance coverage shall be provided upon application for a rental permit and upon each 119 annual renewal thereafter. 120 121 Secs. 22-3345—22-350. Reserved. 122 123 DIVISION 2. - PERMIT 124 125 Sec. 22-351. - Generally. 126 127 (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental 128 dwelling without obtaining a permit from the licensing division of the department of planning 129 and inspections in order to determine compliance with the appropriate provisions of this article. 130 The permit shall expire annually on January 31. The fee for the annual permit shall be as 131 provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued 156

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 4 132 after January 31st will be prorated from the date the permit is issued until the next January 31st. 133 134 (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling 135 without first obtaining an annual permit therefor from the licensing division of the department 136 of planning and inspections in order to determine compliance with the appropriate provisions 137 of this article. The permit shall expire annually on January 31, and the fee for the annual permit 138 shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling 139 permits issued after January 31st will be prorated from the date the permit is issued until the 140 next January 31st. 141 142 (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date 143 due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines 144 until the same is paid. 145 146 (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22- 147 352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. 148 149 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a 150 notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien docket 151 as a lien owing the city; and the same may be turned over to the city solicitor for collection. 152 153 (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new city 154 utilities until the permit fee required in this section is paid in full and city personnel shall refuse 155 to provide sewage, water and electricity to the property until satisfactory proof is furnished that 156 such permit fee has been paid. 157 (Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-2013) 158 159 Sec. 22-352. - Suspension. 160 (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the 161 permit paid for, pursuant to this division, when: 162 163 (1) The building inspector determines that any dwelling or the premises surrounding 164 the dwelling fails to meet the requirements of this chapter. or any rule or 165 regulation issued pursuant thereto; 166 167 (2) The failure of the property owner or property manager to initiate and prosecute in 168 good faith eviction proceedings following notification by the city that the terms of 169 the safe communities lease addendum have been violated; or 170 171 (3) The failure of the property owner or property manager to attend a safe 172 communities seminar when required by section 22-371(b). 173 174 Suspension shall last until the violations have been corrected to the satisfaction of the building 175 inspector, or the suspension shall have been reversed. 176 177 (b) Notice of violations. Upon suspending any permit under this section or withholding the permit 178 paid for, the building inspector shall notify the owner of the violations of the applicable code 157

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 5 179 and shall prescribe a period in which the violation shall be corrected. 180 181 (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is 182 suspended by the building inspector pursuant to the procedures of this section, shall have the 183 right to appeal and notice as provided in section 22-225. 184 (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the 185 building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant 186 to section 22-225, the permit suspension shall be stayed and an existing permit shall remain in 187 force until the appeal is decided. 188 (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) 189 190 Secs. 22-353—22-355. - Reserved. 191 192 DIVISION 3. - SHORT TERM RENTAL USE[5] 193 194 Footnotes: 195 --- (5) --- 196 Editor's note— Ord. No. 2020-05 , adopted January 11, 2021, renumbered div. 3 as div. 4. 197 198 Sec. 22-356. - Purpose; applicability; definitions; compliance. 199 200 (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one family 201 dwellings (residences) in established areas of the city as an economic asset, allowing for increased 202 travel, visitation and tourism and affording property owners of the opportunity to earn revenue 203 from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood 204 character is not compromised, and that such businesses are properly operated and maintained. 205 The purpose of this division shall be to minimize public safety risks and public nuisances, such 206 as noise, trash and parking problems; to ensure that traditional neighborhoods are not turned into 207 tourist areas to the detriment of long-term residents; and to ensure that individual dwellings are 208 not turned into pseudo hotels or party houses. 209 210 (b) Applicability. A short term rental use (STRU) shall be allowed in any one family dwelling as 211 defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance wherever such 212 are allowed by right and do not require a variance or conditional use approval. 213 214 (c) Definitions. The following words, terms and phrases, when used in this article, shall have the 215 meanings ascribed to them in this section, except where the context clearly indicates a different 216 meaning: 217 218 Good neighbor brochure means a document provided by the owner to the guest or guests and 219 containing: the name and telephone number for the owner; notification on standards of behavior 220 and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, 221 snow removal, and public safety services and including contact and web access information; and 222 such other information as the city may from time to time prescribe. 223 224 Guest or guests means the individual or individuals securing the short term rental use for the 225 purposes of staying overnight. 158

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 6 226 227 Owner means the person or persons holding legal or equitable title to the property being offered 228 as a short term rental use. 229 230 Short term rental use (STRU) means rental of all or a part of a residential one family dwelling 231 unit which is made available by agreement for a residential occupancy by a tenant in exchange 232 for compensation for a duration of a temporary occupancy of less than 30 days. Rentals of 30 233 days or more shall comply with the provisions of divisions 1 and 2 of this chapter. Lodginghouses 234 as defined in article IX, section 22-281 are is not included as short term rental uses under this 235 division. 236 237 (d) Compliance. No person shall operate, offer for occupancy or let to another for occupancy as a 238 short term rental use any dwelling which is not in compliance with this article or any other 239 applicable codes. 240 (Ord. No. 2020-05 , 1-11-2021) 241 242 Sec. 22-357. - Registration and inspection requirements; inspection required for life safety and 243 building purposes; short-term rental use license required. 244 245 (a) The owner of any dwelling proposed for a short term rental use must obtain an annual short term 246 rental use license. 247 248 (b) An inspection by the city code enforcement office shall be required to determine compliance 249 with property maintenance and all other applicable codes. Any items in non-compliance shall be 250 remedied before a license is granted. The inspection shall be required the first time a license is 251 issued and may be required at renewal at the discretion of the code enforcement office. The rental 252 license must be kept current during anytime the dwelling is offered as a short term rental 253 254 (c) The license shall be valid for up to one year and must be renewed no later than January 31 of 255 each year of continued operation. 256 257 (d) The short term rental use license must be clearly displayed inside the dwelling along with any 258 state licenses or permits. 259 260 (e) The short term rental use license may not be transferred to any party except heirs and assigns 261 and shall be void upon transfer of ownership of the property where the short term rental use is 262 located. 263 (Ord. No. 2020-05 , 1-11-2021) 264 265 Sec. 22-358. - Owner obligations. 266 An owner of a dwelling seeking to use a property as a short term rental use shall comply with the following 267 obligations: 268 (1) The owner of the property being offered as a short term rental use must be a resident of the city. 269 Determination of residency shall be based on meeting city voting residency eligibility. Such 270 owner may offer for short term rental use only that property which is the owner's primary 271 residence. 272 159

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 7 273 (2) A property not owned by a resident of the city shall not be used as a short term rental use. Such 274 property shall not be used for overnight accommodations unless such property qualifies as a bed 275 and breakfast inn pursuant to Dover Code, Appendix B—Zoning, Article 3—District 276 Regulations. 277 278 (3) A good neighbor brochure must be provided in the dwelling listing city provisions as required. 279 (Ord. No. 2020-05 , 1-11-2021) 280 Sec. 22-359. - Limitations on occupancy and use. 281 282 (a) The number of guests 12 years and older permitted at any time shall not exceed twice the 283 number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12 284 individual occupants of all ages at any one time regardless of the number of bedrooms available. 285 286 (b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in total; 287 all parking shall comply with all requirements relating to street maintenance, fire access, 288 parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations 289 shall be ticketed offenses. 290 291 (c) Signage identifying the short term rental use, if desired, shall be limited to one sign, mounted 292 on the dwelling, not illuminated, and not to exceed one square feet in size overall. A sign permit 293 must be obtained for any desired sign. 294 295 (d) Access to a full bath must be provided. 296 297 (e) Guests shall be prohibited from further subletting the dwelling. 298 299 (f) Weddings, graduation parties, corporate events, commercial functions, large gatherings, or 300 other special events associated with the STRU shall be prohibited unless a city special event 301 permit shall have been granted for a specific activity and date. 302 303 (g) The owner has the responsibility to not knowingly allow any illegal or criminal activity on the 304 property nor permit the guests to create a public nuisance including, but not limited to, creating 305 noise, causing odors, permitting an unsafe condition, maintaining a disorderly premise, 306 generation of trash, or other behavior which unreasonably disturbs the peace, safety and 307 general welfare of the neighborhood as provided in this chapter and pursuant to Chapter 70— 308 Offenses and Miscellaneous Provisions, Section 70-8—Disorderly Premises and Chapter 42— 309 Environment, Section 42-2—Noise of the Dover Code of Ordinances. 310 (Ord. No. 2020-05 , 1-11-2021) 311 312 Sec. 22-360. - Enforcement, fees and penalties, reporting. 313 (a) Short term rental license. Payment of a short term rental use license fee as set forth in Appendix 314 F—Fees and Fines is required annually beginning January 31 of each year; the fee will be 315 prorated for a partial year. 316 317 (b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a 318 license shall be as set forth in Appendix F—Fees and Fines. 319 160

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 8 320 (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use, shall be 321 as set forth in Appendix F—Fees and Fines. 322 323 (d) A dwelling cited three times by the Code official or by any city department as a nuisance or 324 the location of illegal or criminal activity within any consecutive 12-month period shall have 325 its short term rental use license suspended for not less than the rest of the license year or a 326 longer period up to permanently. 327 (e) The owner shall voluntarily report to the city annually documenting the occupancy and 328 frequency of rentals obtained, such report to be completed by January 31 of the following year 329 as part of the license renewal and for the purposes of building a database of STRU activity and 330 economic impact, not for enforcement or tax purposes. 331 (Ord. No. 2020-05 , 1-11-2021) 332 333 Sec. 22-361. - Enforcement, notice and appeals. 334 335 Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and Building 336 Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous Provisions of the 337 Code of Ordinances. 338 (Ord. No. 2020-05 , 1-11-2021) 339 340 Secs. 22-362—22-369380. - Reserved. 341 342 DIVISION 4. - SAFE COMMUNITIES[6] 343 344 Sec. 22-370. - Criminal activity. 345 346 Tenants of rental dwellings, any member of the tenant's household, any guest or other person under the 347 tenant's control shall not engage in criminal activity on or within 500 feet of the lot on which the rental 348 dwelling resides. 349 (Ord. No. 2013-04, 4-8-2013) 350 351 Sec. 22-371. - Safe communities seminar. 352 (a) The City of Dover police department shall offer a safe communities seminar a minimum of 353 two times each calendar year. The seminar shall be voluntary, except in the following 354 circumstances: 355 356 (1) When a rental dwelling permit has been suspended in accordance with section 22-352, 357 the property owner or manager shall attend the seminar prior to reinstatement of the 358 suspended rental dwelling permit; or 359 360 (2) When a rental dwelling has been the subject of response by the police department on 361 three or more occasions within a six month period, due to occasions where the tenant, 362 any member of the tenant's family, or any guest or other person under the tenant's 363 control have engaged in criminal activity, the property owner or managers shall attend 364 the seminar. 365 366 (b) Upon notification by the chief of police that the safe communities seminar is required in 161

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 9 367 accordance with subsection (2) above, the department of planning and inspections shall 368 notify the property owner and/or property manager that he is required to attend the next 369 scheduled safe communities seminar. Such notice shall be sent by U.S. Mail, evidenced by 370 Certificate of Mailing to the property owner and property manager if a property manager is 371 on record with the department of planning and inspections. 372 (Ord. No. 2013-04, 4-8-2013) 373 374 375 376 Sec. 22-372. - Safe communities lease addendum. 377 (a) All residential leases shall include a safe communities lease addendum, signed by the 378 property owner and tenant, in the following form: 379 380 In addition to all other terms of the lease, landlord and tenant agree as follows: 381 382 (1) The tenant, any member of the tenant's household, any guest or any other person under 383 the tenant's control on or within 500 feet of the leased premises: 384 385 i. Shall not engage in criminal activity, including drug-related criminal activity, on 386 or within 500 feet of the leased premises. "Drug-related criminal activity" means 387 the illegal manufacture, sale, distribution, use, or possession of any illegal or 388 controlled substance defined by 16 Del. C. Ch. 47. 389 390 ii. Shall not engage in any act intended to facilitate criminal activity. 391 392 iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal 393 activity. 394 395 (2) Any activity prohibited by the safe communities lease addendum shall constitute a 396 substantial violation of the lease, material noncompliance with the lease, and grounds for 397 termination of tenancy and eviction. 398 399 (b) The department of planning and inspections shall provide the safe communities lease 400 addendum. 401 402 (c) An executed copy of the safe communities lease addendum shall be required for all rental 403 dwellings in the City of Dover prior to establishment of a utility account for the premises. 404 (Ord. No. 2013-04, 4-8-2013) 405 406 Sec. 22-373. - Eviction required. 407 408 (a) If the tenant, any member of the tenant's household, any guest or other person under tenant's 409 control engages in criminal activity as defined by section 22-331(c)(1) and Chapter 22, 410 Buildings and Building Regulations, of the Dover Code on three or more occasions within a 411 12-month period, the chief of police shall notify the department of planning and inspections 412 to initiate the safe communities lease termination notice procedure directing the property 413 owner or property manager to terminate the tenancy in accordance with subsection (b). 162

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 10 414 415 (b) Upon notification by the chief of police that termination of tenancy is required in accordance 416 with subsection (a), the department of planning and inspections shall notify the property 417 owner and property manager that they have 30 days to initiate the eviction or otherwise 418 terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of 419 Mailing, to the property owner and property manager if a property manager is on record with 420 the department of planning and inspections. 421 (Ord. No. 2013-04, 4-8-2013) 422  Secs. 22-374—22-380. - Reserved. 423 424 BE IT FURTHER ORDAINED: 425 426 That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by inserting 427 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 428 429 APPENDIX F – FEES AND FINES 430 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be granted $25.00 per 180-day with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues shall Fine of not less than be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of 163

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 11 costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is being demolished $50.00; $0.00 if for the purpose of vacating the land for future development or condemned and construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject to $20.00 per set of plans doubling) Subsec. (b) Reinspections (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations 164

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 12 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 165

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 13 Gas, water and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $50.00 $100.00 Each subsequent offense $100.00 Not less than $100.00 or more than $1,000.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $50.00 $100.00 for the first ten rooms and $5.00 $10.00 for each additional room. Annual dormitory permit fee $50.00 $100.00 for the first ten rooms and $2.50 $10.00 for each room thereafter. 166

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 14 Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $50.00 $100.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-334 Insurance Required Subsec. (c) Violations; penalties Not less than $25.00, nor more than $1,000.00 Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $100.00 $200.00 Single-family attached dwelling, each dwelling $80.00 $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $100.00 $200.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $100.00 $200.00 For each additional dwelling unit in excess of three $35.00 $50.00 Condominium units and accessory apartments located within $35.00 $75.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $100.00 $200.00 annually, 167

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 15 prorated for partial year Subsec. (b) Failure to register and obtain a license $100.00 Not less than $100.00 or more than $1,000.00 (not prorated) in addition to license Subsec. (c) Penalties for violations $100.00 Not less than $100.00 or more than $1,000.00 per offense Article XI. Dangerous Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Subsec. (b) Violations by occupant or lessee, each offense, minimum $100.00 Subsec. (c) Removal of notice, each offense, not to exceed minimum $100.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three years $1,500.00 Buildings vacant for more than three years but less than five years $3,000.00 Buildings vacant for five years or longer $5,000.00 431 432 433 434 ADOPTED: * 435 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 436 437 438 SYNOPSIS 439 This ordinance deletes the Safe Communities Ordinance which, according to the City Solicitor the Safe 440 Communities Ordinance is problematic from an enforcement standpoint and believes that it a violation 441 of the Residential Landlord-Tenant Code, 25 Del C. § 5101 et seq. This ordinance clarifies that an 442 inspection is required in order to renew a rental license and raises the fees for rental permits which are 443 more in line with what Newark (which has a high number of rentals given the student population) 444 charges but is below the total amount of what Lewes and Rehoboth charge as well as helping to defray 445 rising costs for inspections. This ordinance also requires that property owners who rent out properties 446 have property insurance and allows unpaid fines related to rentals to become tax liens on the property. 168

Item 8. Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings Page 16 447 448 (SPONSORS: BOGGERTY AND HUGG) 449 450 451 Actions History: 452 September 27, 2022 - Introduced at Legislative, Finance, and Administration Committee 453 169

Item 9. ACTION FORM PROCEEDING: 9/27/22, Council Committee of the Whole Meeting DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 9/22/22 PREPARED BY: Chief Thomas Johnson SUBJECT: FY23 Governor’s Group Violence Intervention (GVI) Funding Awarded – Analyst Position REFERENCE: One-time ARPA Funding from the Governor’s Office RELATED PROJECT: Citywide Camera Program REVIEWED BY: City Manager, Controller EXHIBITS: Strategic Budget Decision - Additional Personnel Request Form EXPENDITURE REQUIRED: $209,949 over 3 years PROJECT BUDGET: Not Budgeted FUNDING SOURCE (Dept./Page in CIP & Budget): This grant was not anticipated/funded for FY23. TIMETABLE: The funds were awarded as a special grant and made available on 8/30/22. Upon Council approval, the position and project outlined below will start as soon as practical. STAFF RECOMMENDATION: Approve the grant funded position as requested. BACKGROUND As mentioned in the Committee Action Form for the Group Violence Intervention (GVI) Grant Program, which was submitted separately and primarily discussed the City Camera system, the Governor’s office also included $209,949 funding for a crime analyst position over a three-year period. The position was added to manage the data associated with the GVI program. A copy of the Additional Program/Personnel Request form for the part-time GVI Analyst position is included with this package. The position is slated for a 29 hour/week part-time status with no benefits beyond salary. The GVI Program is a nationally recognized and routinely successful initiative that works to identify and then address the dynamics influencing the most dangerous group/gang members in participating communities. Participating agencies contribute and share sensitive intelligence information regarding the group and gang-related criminal activities within their jurisdictions. This information is entered into, and linked together, through various technology platforms and systems within the law enforcement community that are designed to track the circumstances surrounding violent and repeat offenders. The computer systems in place routinely produce actionable intelligence by identifying commonalities and associations between persons, places and things. The GVI Analyst position will be tasked with managing the data collected by the programs/agencies and performing analyses to assist in determining how Law Enforcement resources will be utilized. More details on the part-time position are contained in the accompanying Personnel Request Form. The GVI Program Funding includes three years of funding for this part-time position and there is no requirement to retain the position after the grant ends. If at the end of this funding window there is 1) proven value in the position and 2) no continuation of State-level funding, the Analyst position will be submitted for consideration of Council for City funding inside of the FY26 budget program to retain the part-time position. ACTION REQUESTED The Council Committee of the Whole approve the receipt of the funds for this grant and the position outlined above. 170

STRATEGIC BUDGET DECISION Item 9. ADDITIONAL PROGRAM/PERSONNEL REQUEST DEPARTMENT: Police DIVISION: Operations TYPE OF REQUEST: RE-GRADE PROMOTE RE-TITLE/RECLASSIFY ADD STAFF TITLE/DESCRIPTION: Group Violence Intervention (GVI) Program Analyst NEW PROGRAM CHANGE IN PROGRAM LEVEL/WORKLOAD Yes Yes SUMMARIZE EXPENDITURES AND REVENUES/COST OFFSETS: (DETAIL ITEMIZATION BELOW) TOTAL EXPENDITURES PERSONAL SERVICES SUPPLIES AND CAPITAL BUDGET YEAR TOTAL SERVICES OUTLAY $68,600 0 0 $68,600 COST OFFSETS (SUBTRACT) COST OFFSETS: 0 SUBTOTAL 68,600 TOTAL REVENUES (SUBTRACT) ANTICIPATED REVENUE (68,600) NET TOTAL FISCAL EFFECT: 0 EXPLAIN THE JUSTIFICATION FOR THIS PROGRAM OR PERSONNEL REQUEST WITH AT LEAST THREE YEARS OF RELATED STATISTICS (I.E., WORKLOAD, OVERTIME, ETC.) IN ADDITION, WHAT ARE THE CONQUENCES IF THE REQUEST IS DENIED? The City of Dover Police Department is more than half way through its first operational year with the Group Violence Intervention (GVI) program. Council might recall that this is an effective and nationally recognized strategy to identify and address the most dangerous group/gang members in participating communities. Embraced by both the Governor and the Mayor, the Dover PD has followed their lead as we collaborate with partner agencies at the local and state level. A critical component of this collaboration is timely sharing of information. Timely information sharing is essential for one of GVI’s top priorities which is the disruption of retaliatory violence. It is not common knowledge outside of policing circles that all State of Delaware law enforcement agencies are linked together on the same computer network. The electronic data used/generated in this collection of network systems is centrally stored, and accessible to authorized users. Each agency is expected to make timely entries in all software applications. This is an especially important task for intelligence information, stored on the statewide Memex platform and managed by the Delaware State Police (DSP), which could impact officer safety or advance a rapidly developing investigation. Considering the group and gang-related criminal activities that often occur within the City of Dover, it is even more imperative that criminal intelligence be quickly and efficiently shared among GVI partner agencies. Memex is critical to GVI success and DSP recently received grant funding to update the system through a contract with SAS Intelligence and Investigative Management. SAS Intelligence and Investigative Management (IIM) will be beneficial to Delaware Law Enforcement as it will enhance the ability to identify violent and repeat offenders. As the main upgrade to Memex, IIM data will be available to all law enforcement. Through entity resolution, IIM will assist analysts by identifying commonalities and associations between persons, places and things in the Law Enforcement Investigative Support System (LEISS), intelligence reports, Department of Corrections (DOC) gang databases, etc. It is important to share inter-agency intelligence, especially when discussing group/gang and firearm investigations. For IIM to help, Law Enforcement must share actionable intelligence within the system to enhance decision making pertaining to persons, places and things driving violence in Delaware. In addition to case investigators, Intelligence analysts contributing data to the system are critical to mission success. Initially, the Dover Police Department felt this function could be accomplished through existing resources. As it becomes more involved with the GVI Program, it became clear that the state recommendation for a GVI Analyst position had considerable merit. Utilizing ARPA funds under the control of the Governor’s Office, the State has offered grant funds to cover the first three years for the proposed position. It is anticipated that the State would find alternative ways to continue this funding in the fourth year and beyond. However, this is not a guarantee and the City might have to decide at some point whether to continue the position with local dollars. There is no requirement to retain the position. If approved, this position will work with the Delaware Information & Analysis Center (DIAC) and the GVI-agencies on the local, state, and federal level. The information analyzed will range from that which is readily available to that which is highly-classified, so a high-level security clearance will be a necessity. To attract an experienced law enforcement veteran with institutional knowledge, this position is slated for a 29 hour/week part-time status with no benefits beyond salary. 171

DESCRIBE (1) THE BENEFITS OF FUNDING, AND (2) THE COSTS OF NOT FUNDING THIS PROGRAM OR PERSONNEL REQUEST: Item 9. The benefits of the position are all related to increasing the speed and improving the quality of the data feeding the intelligence systems(s). GVI staff can do their work better and hopefully decrease the frequency and severity of violent crimes. The cost of not funding this position is related to the ever increasing hours of detectives being pulled away from operational responsibilities to comprehensively feed information systems. Less crime overall will be addressed each week by sworn members and information critical to safety, and/or ongoing investigations, will continue to suffer from the absence of a dedicated analyst. This position is associated with successful GVI programs across the United States. PERSONNEL SERVICES ACCT # DESCRIPTION FY24 FY25 FY26 FY27 FY28 FY29 10‐11 Salaries $63,725 $65,000 $66,300 $67,626 $68,979 $70,359 10-12 Overtime 0 0 0 0 0 0 10‐14 FICA Taxes 4,875 4,973 5,072 5,174 5,277 5,382 10‐15 Health Insurance 0 0 0 0 0 0 10‐16 LID Insurance 0 0 0 0 0 0 10‐17 Workmen’s Compensation 0 0 0 0 0 0 10‐19 Pension 0 0 0 0 0 0 10‐20 OPEB 0 0 0 0 0 0 TOTAL $68,600 $69,973 $71,372 $72,800 $74,256 $75,741 SUPPLIES AND SERVICES ACCT # DESCRIPTION FY24 FY25 FY26 FY27 FY28 FY29 TOTAL CAPITAL OUTLAY ACCT # DESCRIPTION FY24 FY25 FY26 FY27 FY28 FY29 TOTAL GRAND TOTAL $68,600 $69,973 $71,372 $72,800 $74,256 $75,741 CONTACT PERSON: Lt Aaron Dickinson PHONE #: 736-7132 172

Item 10. ACTION FORM PROCEEDING: 9/27/22, Council Meeting DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 9/16/22 PREPARED BY: Chief Thomas Johnson SUBJECT: FY23 Governor’s Group Violence Intervention (GVI) Funding Awarded REFERENCE: One-time ARPA Funding from the Governor’s Office RELATED PROJECT: Citywide Camera Program / GVI Crime Analyst REVIEWED BY: David S. Hugg, III City Manager and Lori Peddicord, Controller/Treasurer EXHIBITS: PowerPoint included EXPENDITURE REQUIRED: $1,709,949 PROJECT BUDGET: Not Budgeted FUNDING SOURCE (Dept./Page in CIP & Budget): This grant was not anticipated/funded for FY23. TIMETABLE: The funds were awarded as a special grant and made available on 8/30/22. Upon Council approval, the project outlined below will start as soon as practical. STAFF RECOMMENDATION: Approve the grant project as requested. BACKGROUND In February 2022, the Governor took notice of the gun violence impacting Delaware residents in the same manner as other communities across the country. While he considered his options to address the continuing crisis, he asked for concept proposals from selected police agencies around the State that would outline an effective gun violence reduction strategy. The Dover Police Department, as a participating GVI partner, was offered an opportunity to submit a concept with corresponding pricing. Dover responded with a request for funding to update and expand the already effective Downtown camera system. As a onetime infusion of funding, it was felt that an investment in more cameras and technology improvements would serve as a force multiplier in the prevention, response to and/or investigation of gun violence in Dover. The decision remained under consideration by the Executive Branch over the spring and summer months while the GVI program was rolled out in the greater Dover area. By August, we received word that the concept was favorably assessed and the full amount would be awarded. Concurrently, lessons learned during the first months of the GVI initiative demonstrated the need to also accept the offer to fund a GVI Crime Analyst to support the “Group Violence” effort focused on “at-risk” individuals in our community. Both projects were merged into the final funding product issued by the Governor’s Office. The identified funds were noted to be State-level ARPA resources in the amount of roughly $1,710,000.00. For many years, the City has tried to build out an effective network of cameras in areas that needed additional resources to promote public safety. Across those years, there have been great successes that have walked hand in hand with persistent challenges. The success story is illustrated by all of the violent crimes that were addressed in “real time”, or upon review, using the power of the camera feeds. This includes the crime of homicide. The challenges have been economic, environmental, and the limited human resources that have all combined to keep the system from realizing its full potential. It has been stated that the system was built, understandably, through a succession of small opportunities that never had a larger vision or long-term plan for success. The City has had enough resources to support maintenance but grants have been needed to replace aging parts of the system and achieve modest-sized expansions of the network. Coupled with other strategies under development, this offer of funding presents the opportunity to establish a long-term vision and achieve three immediate goals. First, add or update the necessary equipment at headquarters to service the planned expansion and make preparations to take advantage of future opportunities. Second, improve the technology baseline of the existing network to match the quality of the planned expansion locations. Third, implement the expansion of the system to locations already engineered by our vendor, more than a year ago, in the hopeful anticipation that funding could be identified to make it a reality. 173

Item 10. PROJECT OVERVIEW As outlined above, the Upgrade and Expansion plan is being developed as a three-pronged approach. There are additions and improvements needed inside police headquarters starting with the core components of system health and ending with the users of the product both in the investigative units and in the emergency communications center. Similarly, the existing network installed in the Downtown area, and other strategic locations, has not done well due to increasing Wi-Fi signal interference and the mature growth of trees. Old cameras need replacement and reliable connections need to be made. The last piece will be the expansion of the system to strategic locations around the periphery of the City. The best available equipment will be installed and preparations for future system growth will be made along the way. An overview of the larger project details are as follows: Infrastructure at 400 S. Queen Street 1. Currently only one person can access camera controls at a time. There are times when multiple users from multiple locations need control for different incidents happening at the same time. Computer technology will be added so that all workstations can function independently. 2. It is assessed that the network servers are already inadequate for the system as currently constructed. To avoid a system failure for both the current configuration and future expansion, additional servers will be added and the functions more appropriately distributed. This includes storage of high resolution video. 3. In both the operations and investigative sides of the building, far too many of the camera groupings are displayed on computer monitors rather than big screen viewers. Additional screen locations will be installed. Current camera network hardware 1. The broad use of wireless “line of sight” technology has proven itself as inadequate for the Dover system due to electronic interference and physical barriers. Fiber optic cable is necessary to achieve the needed standard of reliability and eliminate the vast majority of service calls generated by the chronic signal interruptions. The vendor has worked closely with our Electrical Department to identify locations where Fiber should be installed. 2. Roughly 25-30 of the more than 100 camera locations in the current system are considered obsolete and need to be replaced. Most of those cameras are fixed position units that have inherent limitations. This has created coverage gaps that have impeded investigations. Therefore; identified cameras will be replaced with units that have a greatly increased field of vision. Additional cameras will be installed, where practical, to add essential coverage in central Dover. 3. On a much smaller scale, some wireless technology will be installed to address gaps in the system typically found along Loockerman Street due to the lack of utility poles. Expansion of the existing network 1. Applying the wisdom from lessons learned managing the existing network, Fiber optic infrastructure will be expanded in the city to accommodate the additional camera locations and any future use at the discretion of the City Administration. Locations are illustrated below. By putting the wire on the poles, the in-kind participation from the Electrical Department will save a considerable amount of money for this portion of the project. That said, preparing the Fiber for use is a highly sophisticated process that must be done by a sub-contractor for this kind of work. Goldhorn Electric was consulted as they have done the splicing/tipping and installation of the connections for the fiber network in the past. 2. The Electrical Department is also working in concert with the system vendor to ensure that power is available at all expansion locations. This may involve the installation of underground or overhead power access. 3. Each location will feature different needs in the area of mounting hardware but those needs are included in the budget framework for the project. 4. Like the existing network, each new location will feature a combination of video and License Plate Reader (LPR) cameras to increase our capacity in the areas of prevention, response and investigation of crimes and offenders. 174

Item 10. Expansion locations under consideration 1. White Oak Road at Mitscher Road 2. North Little Creek Road / East Division Street at Willis Road 3. South Little Creek Road in front of East Dover Elementary School 4. Division Street and Weston Drive near Booker T. Washington Elementary School 5. Walker Road near Kenton Road 6. North State Road near Walker Road 7. US 13 in proximity to Dover Mall 8. US 13 in proximity to the St. Jones River 9. Bay Road in proximity to the Blue Hen Corporate Center 10. Scarborough Road in proximity to the rail line overpass CAMERA EXPANSION PROJECT BUDGET $1,500,000 Total Funding Offered $ 200,000 Held in Reserve for Contingencies $ 200,000 Infrastructure work needed at Headquarters $ 400,000 Upgrades to the current system components $ 325,000 Fiber infrastructure expansion for new locations $ 275,000 Equipment and Installation of new locations $ 100,000 Balance Remaining for project priorities PROJECT POINTS OF INTEREST 1. The main vendor for the camera network continues to be Advantech Security. They maintain, under a contract, all of the equipment currently installed. They have done all of the engineering research in collaboration with the City Electrical Department. We utilize their software solutions as well. They are a current state contract vendor (contract GSS19599-BLDG_SECURE – Building Access and Video Surveillance Systems) for these types of services. 2. The Electrical Department recommends Goldhorn Electric based on their institutional knowledge having done all of the previous work in this highly specialized field. However, purchasing policy will be followed for this aspect. 3. The cost to maintain the current system is budgeted at $72,884 for FY23. Based on the current price points of the project, there is confidence across much of the planning team that there will be monies left over to purchase an extended warranty program for the expansion project equipment. Advantech representatives have indicated a willingness to offer such a warranty. Coverage limits, of course, will depend upon the warranty budget. Future maintenance costs will not arrive until FY 26 at the earliest and estimates are pending. 4. The personnel costs associated with the below listed budget graphic are connected to the new analyst position. The position was added to manage data associated with Group Violence Intervention (GVI) program. A copy of the Additional Program/Personnel Request form for the GVI position is included with this package. 5. This project ties into the effort to move the staffing in the Emergency Communications Center from 12 Dispatchers to 16 total. Among the priorities of fast engagement to 911 calls and more efficient administrative processes, the extra four dispatchers are needed to proactively guide police resources to issues identified by the cameras before calls from the public are received. The first two of these positions were approved for FY23 and candidates are active in the hiring process at the time of this document. 6. The totality of the project was recently vetted through a stakeholder meeting that included senior police leadership, Advantech staff, Electric Department leadership, the Assistant City Manager, the Mayor, and Councilman Taylor as the Chair of Safety/Transportation. ACTION REQUESTED The Council Committee of the Whole approve the receipt of the funds for this grant and the project outlined above. 175

Item 10. Department Grant Application Analysis Form For Use in Evaluating Grant Opportunities General Information Department: Police Staff Contact: Captain Hermance Grant/Project Title: Special Governor’s Gun Violence ARPA-funded Grant Program Brief Grant/Project Description: Funds were offered to Delaware Police Departments attempting to address persistent gun violence in identified communities. Priority was offered to GVI participating agencies and Dover PD submitted a 1.5 Million dollar project to expand the City-Wide camera system. A crime analyst was later added on. Application Information Due Date: 8/30/22 New Related Grants: Recurring SLEAF 21-029 $48,000 (in progress) Anticipated Award Date: 8/30/22 Anticipated Notification Date: 8/30/22 Start Date: 9/1/22 End Date: 6/30/25 Award Amount: $1,709,949 Cash Reimbursement Approx. reimbursement turn-a-around time 1-2 weeks Council Approval Needed: Yes No Which apply? Match amount (Council approval is needed for projects > $150,000 or when expressly required Project shortage by the granting authority.) Other grant requirement Grant/Project Costs Match Budget Category Award Amt Match Amt Source Contractual 0.00 0.00 Equipment/Supplies $1,500,000 $0 Indirect Cost (ie, vehicle repairs, mileage, IT, 0.00 0.00 telephone) Personnel $209,949 $0 Not Applicable Additional Personnel/Overtime (Police Extra Duty) 0.00 Travel/Training 0.00 0.00 Asset Maintenance 0TBD.00 Pending Other (ie, informant/buy money) .00 0.00 Total $1,709,949 $0 GRANT TOTAL $1,709,949 Award + Match 176

Item 10. Department Grant Application Analysis Form For Use in Evaluating Grant Opportunities Other Information 1. Are any of this project’s costs included in the City budget? No. This grant was initiated at the State-level by the Governor and the award, based on a concept submission, was approved for offer to the Dover PD in August, 2022. 2. Are there any long-term costs or commitments? Yes. Contract maintenance for the cameras, and equipment on the system, after the various warranty expiration dates will become the responsibility of the Police Department as will any future upgrades to components that become obsolete. 3. How will this program/project be funded after the grant expires? Contract maintenance will be budgeted by the Police Department. 4. What is the maximum amount of funds available from this funding source? The allocation of funds is specified by the Delaware Office of the Governor. 5. If the Department receives only a portion of the amount requested, how will the project be funded? The amount already allocated is the amount that is requested here, so there will be no deviations. 6. Are there other departments in the City eligible for this funding? Yes, the amounts identified in the grant application include costs from several city departments. 7. Are other departments in the City willing to collaborate on this project? Yes, this application is the result of a collaborative effort with the Electrical Department as well as the Office of both the Mayor and City Manager. 8. Will this project duplicate or compete with other services or programs provided by the City or other local agency? No. It improves what we already have and expands the network. 177

Item 10. Dover City-Wide Cameras FY23-FY25 Expansion Project 178

Item 10. Gun Violence  Governor desires to earmark funds to hardest hit areas in Delaware  GVI program locations are given priority for certain Federal dollars  Dover PD requested Camera Technology to greatly expand its existing City-wide network  License Plate Readers  High resolution video  Incident reviews  Real-time resource direction  Prevent/Solve shooting incidents (and other serious crime)  Make Dover safer for everybody 179

$1,500,000.00 Item 10. Confirmation of the Governor’s resources came in August with the intention of transferring the first two years of the budget profile as soon as we were ready. 180

Concept meeting Item 10. • Total amount of Fiber Optic Cable (cost to place on the poles) • Total number of Camera Locations (infrastructure costs) • Total number of Cameras at each location (type, purpose, tie-in) • Hardware at Headquarters (video screens, computer, tie-in) • Software at Headquarters (CAD interface?, Licenses?, Updates?) • Video/Digital storage (How much?, How long?, local vs cloud) • Assumption of costs in FY26 (Maintenance, warranty, upgrades?) 181

Item 10. 3 Project Phases Infrastructure at 400 S. Queen Street Currently only one person can access camera controls at a time. There are times when multiple users from multiple locations need control for different incidents happening at the same time. Computer technology will be added so that all workstations can function independently. It is assessed that the network servers are already inadequate for the system as currently constructed. To avoid a system failure for both the current configuration and future expansion, additional servers will be added and the functions more appropriately distributed. This includes storage of high resolution video. In both the operations and investigative sides of the building, far too many of the camera groupings are displayed on computer monitors rather than big screen viewers. Additional screen locations will be installed. 182

Item 10. 3 Project Phases Current camera network hardware The broad use of wireless “line of sight” technology has proven itself as inadequate for the Dover system due to electronic interference and physical barriers. Fiber optic cable is necessary to achieve the needed standard of reliability and eliminate the vast majority of service calls generated by the chronic signal interruptions. The vendor has worked closely with our Electrical Department to identify locations where Fiber should be installed. Roughly 25-30 of the more than 100 camera locations in the current system are considered obsolete and need to be replaced. Most of those cameras are fixed position units that have inherent limitations. This has created coverage gaps that have impeded investigations. Therefore; identified cameras will be replaced with units that have a greatly increased field of vision. Additional cameras will be installed, where practical, to add essential coverage in central Dover. On a much smaller scale, some wireless technology will be installed to address gaps in the system typically found along Loockerman Street due to the lack of utility poles. 183

Item 10. 3 Project Phases Expansion of the existing network Applying the wisdom from lessons learned managing the existing network, Fiber optic infrastructure will be expanded in the city to accommodate the additional camera locations and any future use at the discretion of the City Administration. Locations are illustrated below. By putting the wire on the poles, the in-kind participation from the Electrical Department will save a considerable amount of money for this portion of the project. That said, preparing the Fiber for use is a highly sophisticated process that must be done by a sub-contractor for this kind of work. Goldhorn Electric was consulted as they have done the splicing/tipping and installation of the connections for the fiber network in the past. The Electrical Department is also working in concert with the system vendor to ensure that power is available at all expansion locations. This may involve the installation of underground or overhead power access. Each location will feature different needs in the area of mounting hardware but those needs are included in the budget framework for the project. 184

Rt 13 North of Dover Mall Item 10. Near intersection of Rt 13 & Rustic Lane. Exact location subject to change. Both NB and SB will require 2 cameras each, for a total of four cameras. Per PlateSmart, the widest a camera can detect plates is 16 feet. Roughly 2100’ of fiber will need to be run from the SB cameras, down Rustic Lane, to the substation. This should give us connectivity back to the PD. A wireless link will be used to provide connectivity to the NB cameras. 185 Back to overview map

Division Street & Weston Drive Item 10. Advantech will install a NEMA enclosure and one camera on wooden pole [67, 566, 1258] on the south side of Division Street. The camera will capture eastbound license plates. Across the street on wooden pole [YA35A] Advantech will install two cameras to capture westbound license plates. These cameras will connect back to the NEMA enclosure with overhead CAT6 cable provided and installed by Advantech. The Electric department will need to need to run fiber from this location to the existing splice case near pole [2060-27, 50, 320] and terminate both ends. 120- volt power will also be required for the 186 NEMA enclosure.

Item 10. CAMERA EXPANSION PROJECT BUDGET $1,500,000 Total Funding Offered $ 200,000 Held in Reserve for Contingencies $ 200,000 Infrastructure work needed at Headquarters $ 400,000 Upgrades to the current system components $ 325,000 Fiber infrastructure expansion for new locations $ 275,000 Equipment and Installation of new locations $ 100,000 Balance Remaining for project priorities 187

Item 10. Expansion Locations Under Consideration 1. White Oak Road at Mitscher Road 2. North Little Creek Road / East Division Street at Willis Road 3. South Little Creek Road in front of East Dover Elementary School 4. Division Street & Weston Drive near Booker T. Washington Elementary School 5. Walker Road near Kenton Road 6. North State Road near Walker Road 7. US 13 in proximity to Dover Mall 8. US 13 in proximity to the St. Jones River 9. Bay Road in proximity to the Blue Hen Corporate Center 10. Scarborough Road in proximity to the rail line overpass 188