Village of Williamsville, NY Water

Application for connection to Village water service and/or for water service shall be made to the Village Clerk. No service or connection shall be provided until the applicant has shown compliance with this chapter and paid all required fees.

The receipt of an application shall not obligate the Village to provide water or perform the service requested. The Village shall not be obligated to extend any main into any street. On approval of the application by the Village, the owner shall be responsible for payment of all applicable rates and charges and shall comply with the rules and regulations relating to such service.

All water accounts shall be established in the name of the owner of the premises.

Connection.

All water tap connections shall be made only by the Village after prior approval by the Building Department and after payment of all applicable fees as established by resolution of the Board of Trustees.

Any required street opening in connection with a water tap shall be made in compliance with Chapter 89, Streets and Sidewalks, of this Code.

All new or replacement service lines shall be of Type K or L copper tubing, located not less than four feet below the established street grade level and on a direct line into the premises. Where compliance is determined to be impractical, the Department of Public Works may grant approval, in writing, for an alternate method of installation.

Any water service line shall be located wholly within its own trench. Where compliance is determined to be impracticable, the line may be placed on a shelf within a sewer trench. In no case shall the line be located within the same trench, at a level equal to or lower than the sewer line.

Curb box/curb stop installation.

A separate curb box/stop shall be installed for each premises where the water service is to be individually metered.

In a residential district, installation shall be between the sidewalk and curb. In a commercial district, it shall be located one foot inside the curb. The top of the box shall be set even with the pavement and in every case flush with the surface of the sidewalk.

Water leaks.

[Amended 7-22-1996 by L.L. No. 4-1996]

The property owner shall be responsible for any repair and replacement of a water service line at any point between the curb stop and the water meter. The leak shall be repaired or replaced within 48 hours of receipt by the property owner of personal or written notice (certified mail) from the Village.

[Amended 8-13-2012 by L.L. No. 7-2012]

If the property owner fails to comply with the notice within the forty-eight-hour period, the Village will cause the waterline to be repaired and all expenses for such repair shall be billed to the property owner.

All payments for repairs shall be due within 30 days of billing. Interest for nonpayment shall be accrued on the outstanding amounts at a rate to be set by resolution of the Village Board of Trustees.

Temporary water supply.

No temporary water supply shall be used except for construction purposes.

No certificate of occupancy shall be issued by the Building Department until all temporary water rents are fully paid and a permanent water meter is installed on the premises.

Unmetered temporary water supply. Application shall be made to the Village Clerk for temporary use of water during construction. A daily rate, as established by resolution of the Board of Trustees, shall be paid from the date of the water tap to the date the water meter is installed.

Water service outside Village limits.

The Village reserves the right to require that water service from Village mains be by written agreement between the property owner and the Village. Such service shall be conditioned upon strict compliance by the property owner with all conditions and limitations established by the Village.

The fee shall be 1 1/2 the rate as established by resolution of the Board of Trustees for properties located within the Village boundaries.

Prohibitions.

Cross-connections are prohibited. In addition to any penalty imposed for violation of such prohibition, the property owner shall be liable for any damage or expense resulting from the prohibited cross-connection.

Upon determination by the Department of Public Works of the existence of water hammer, the Village shall notify, in writing, the property owner responsible for the condition. The notice may require the installation of water hammer elimination devices, which shall be at the property owner's expense.

§ 107-6 Water taps.

All water taps shall be installed at the expense of the property owner only after application to the Village and shall be approved and inspected by the Village.

[Amended 8-13-2012 by L.L. No. 7-2012]

Excavation prior to installation shall be the responsibility of the property owner and shall have an area of at least four square feet and a depth of not less than six inches below the main.

A separate water tap shall be required for each building on any premises supplied with water. No service line shall be connected to any other building or premises. Connecting of two or more services lines is prohibited.

A water tap intended to replace an existing service line shall not be installed unless the existing tap is disconnected and sealed at the water main and thereafter inspected by the Department of Public Works. All replacement expenses shall be borne by the property owner.

Where any existing water service line is abandoned or not used for one year, the service line shall be disconnected and sealed at the water main and thereafter inspected by the Department of Public Works. All expenses shall be borne by the property owner.

The property owner shall be responsible for the maintenance and repair of all water tap connections, distribution lines and appurtenances beyond the meter to the curb stop. All expenses shall be borne by the property owner.

[Amended 8-13-2012 by L.L. No. 7-2012]

§ 107-7 Water meter.

Location.

An individual meter shall be required for each premises and for each separate water tap to a premises.

All meters shall be set in a horizontal position and shall be accessible for inspection and reading.

In order to provide an accurate meter reading, any service line that extends more than 100 feet from the street pavement edge to the building line shall have its water meter set in a vault close to the curb stop.

All meters shall be protected against both freezing and hot water.

Initial installation.

[Amended 6-13-1994 by L.L. No. 2-1994]

All water meters shall be provided to the property owner at the expense of the Village, and the meter shall be treated thereafter as a fixed appurtenance to the premises on which it is located.

The property owner shall be responsible for installation of all necessary piping, fittings, valves and pipe couplings required to receive the meter.

The meter shall, upon inspection, be sealed by the Department of Public Works and thereafter be under the exclusive control thereof. No sealed meter shall be removed without written permission of the Department of Public Works.

All meters shall be connected to the water service line by a shutoff valve on each side of the meter. No connection in any water service line shall be made between the water main and the meter.

(5)

The Village may order the installation of a device where it deems necessary.

Maintenance.

The property owner shall be responsible for damage to the meter due to freezing, hot water, tampering or other external causes.

Meter repair or replacement due to ordinary wear on all meters shall be the responsibility of the Village.

[Amended 6-13-1994 by L.L. No. 2-1994]

Testing.

All meters shall be made accessible to the Village, at reasonable times, for the purpose of testing.

The Village reserves the right to remove and test any meter and to substitute another meter in its place.

In the case of a disputed water charge involving the accuracy of a meter, the meter shall be tested by the Village upon payment of a fee as established by resolution of the Board of Trustees. In the event that the meter is proved defective, the testing fee shall be waived and the water charge shall be adjusted at the discretion of the Village Board. Any credit or additional charge for such adjustment shall be applied to the owner's next water bill.

§ 107-8 Water service shutoff.

Water service shall be shut off by the Village for any of the following reasons:

Any misrepresentation by the applicant as to the property or fixtures to be supplied or the purpose for which the water is to be used.

Failure to maintain connections, service lines or fixtures in proper working order.

Nonpayment of charges, rates or fees for water supplied or services rendered by the Village.

Cross-connecting pipes carrying potable water with any other source of supply or with any apparatus which may endanger the quality of potable water supply.

(5)

Refusal of reasonable access to the property for the purpose of reading, repairing, testing or removing meters or observing water pipes and other fixtures.

(6)

The furnishing or receiving of a supply of water from another premises.

(7)

Failure to maintain the water meter or to protect the meter from freezing or hot water.

(8)

Abandonment of the premises.

(9)

In order to make necessary repairs, connections or maintenance.

(10)

Failure to install and maintain backflow prevention devices or water hammer devices pursuant to an order issued under this chapter.

(11)

Any other violation of this chapter.

(12)

Failure to obtain or purchase a water meter and establish a water account.

(13)

For cause as established by the Board of Trustees or the Water Department.

Consumer shutoff request.

Any water consumer may discontinue water service by giving the Village Clerk notice to such effect at least three business days prior to the date on which such shutoff is intended to take place.

The consumer shall provide access to the indoor meter between the hours of 7:30 a.m. and 3:00 p.m., Monday through Friday.

Method of shutoff. Water service to any premises shall be shut off only by the Village or its duly authorized agent.

Restoration of water service. Where water service has been shut off for reasons other than an emergency, the Village shall renew service only when conditions which resulted in the shutoff are corrected and only after payment of all applicable charges and/or fees.

§ 107-9 Terms of payment.

All water consumption charges shall be as established by resolution of the Board of Trustees only after a public hearing.

All bills for water consumption shall be payable on the designated due date.

Any water bill or other related charges required under this chapter not paid by the due date of the bill shall incur a penalty of 10% of the outstanding balance. If the bill remains unpaid for a period in excess of 30 days from the original due date of the bill or charge, a further penalty, in the form of an interest payment at the rate of 18% per annum, shall accrue daily from that date forward until the charges are paid in full or are added to the tax bill pursuant to § 107-9D. In applying payments on the water bill, the Village shall always apply payment first to the oldest balance or charge, then to interest and penalties, then to the current bill or charge.

[Amended 4-12-1999 by Ord. No. 1-1999]

Failure to pay any bill, including penalty charges, for a period exceeding 45 days or more, prior to March 1 of any particular year, shall result in the delinquent charges being added to the next taxes assessed to the property, and the Village may, without notice, shut off water service.

[Amended 6-9-1997 by L.L. No. 3-1997]

§ 107-10 Access to water meter.

All premises shall be made accessible for water meter reading between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday.

When premises are not made accessible, a meter-reading card shall be left on the premises. It shall be the duty of the occupant to read the meter, record the reading on the card provided and promptly return the card to the Village.

Where a consumer fails to provide required access to read the meter or fails to return the meter reading card for more than 12 months, the Village may, without notice, shut off the water system to the premises.

§ 107-11 Private fire protection.

No private fire protection shall be installed or modified without the owner of the premises having first made prior application to the Village. All expense thereof shall be borne by the property owner.

The application shall include two copies of the plumbing schematic or plan, showing the proposed type of private fire protection, water service location and waterline size. The schematic or plan shall be designed in accordance with the New York State Uniform Fire Prevention and Building Code and shall be signed and sealed by a licensed professional engineer or registered architect.

The procedure for installation of a sprinkler system shall include the following:

Approval, in writing, from the Village Fire Department.

Verification by the Department of Public Works that the necessary water pressure will be available to the fire system when domestic water service is being used at peak capacity.

(c)

Installation of a backflow prevention device on the domestic water system in accordance with the New York State Sanitary Code.

(d)

Approval, in writing, of the schematic or plan by the New York State Health Department

(e)

Installation by a certified sprinkler company, in combination with a plumber licensed by the Village where applicable.

(f)

At the owner's expense, the Village shall install the proper water service connection tap and valve upon approval of the sprinkler system and payment of fees as established by resolution of the Board of Trustees.

(g)

Each premises with a sprinkler system shall be assessed every June 1 an annual fee as established by resolution of the Board of Trustees.

(h)

Every sprinkler system shall be inspected annually, at the expense of the owner, by an independent certified inspector. Records of the inspection and any required repairs shall be forwarded to the Village within 30 days of completion of the inspection.

The procedure for installation of a private or large fire hydrant system shall include the following:

Approval, in writing, from the Village Fire Department.

Plans showing the system as installed wholly on the owner's property.

(c)

Upon completion of the installation, the system shall be approved and inspected by the Village, which reserves the right to approve the type of hydrant and the manner of installation before final approval.

(d)

Each premises with a private hydrant system shall be assessed every June 1 an annual fee as established by resolution of the Board of Trustees.

Any use of water designated for private fire protection for any purpose other than the private fire protection system shall be unlawful.

§ 107-12 Cross-connection control.

[Amended 12-19-2005 by L.L. No. 5-2005]

The purpose of this section is to:

Protect the public drinkable water supply of the Village of Williamsville from the possibility of contamination by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminants or pollutants which could backf1ow in the public water supply system; and

Comply with the requirements of the New York State Sanitary Code Subpart 5, and in particular 5-1.31, and other provisions of the New York State Department of Health (NYSDOH).

Responsibility. The Williamsville Water Department (WWD) shall be responsible for the protection of all Village of Williamsville water distribution systems from contamination due to the backflow of the contaminants through the water service connection. If, in the judgment of said Water Department, an acceptable backflow prevention device is required at any Village water service connection to any customer's premises, for the safety of the water system, the Water Department or its designated agent shall give notice in writing to said customer to install such acceptable backflow prevention device at each service connection to his or her premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install, have tested and maintained said device or devices shall immediately constitute a ground for discontinuing water service to the premises until such requirements have been met.

Definitions.

ACCEPTABLE BACKFLOW PREVENTION DEVICE

As indicated in this section, the following terms shall have the meanings indicated:

An acceptable air gap, reduced pressure zone device or double check valve assembly as used to contain potential contamination within a facility. In order for the reduced pressure zone device or the double check valve assembly to be acceptable, it must be listed on the most current version of the New York State Department of Health List of Acceptable Devices (PWS-14).

APPROVED

Accepted by the Village of Williamsville Superintendent as meeting an applicable specification stated or cited in this section or as suitable for the proposed use.

AUXILIARY WATER SUPPLY

Any water supply on or available to the premises other than Village of Williamsville approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, stream, rainwater, etc., or used waters or industrial fluids. These waters may be contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

CROSS-CONNECTION

Any connection or potential connection which allows or potentially allows for the intermingling of water from any auxiliary water supply or any substance from any other unauthorized source with water from a Village of Williamsville approved public water supply.

CUSTOMER'S WATER SYSTEM

The piping used to convey water supplied by a Village of Williamsville water supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the Village Water Department. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customer's facilities from the Village or district distribution system.

HAZARDOUS FACILITY

One in which substances may be present which, if introduced into the public water system, would or may endanger or have an adverse effect on the health of other water customers. Typical examples: laboratories, sewage treatment plants, chemical plants, hospitals, mortuaries and commercial enterprises. This is a1so defined as any commercial or business enterprise as defined by zoning or by business use permit.

PUBLIC WATER SUPPLY SYSTEM

The Village of Williamsville water supply system, including the source, treatment works, transmission mains, distribution system and storage facilities serving the public. This includes the distribution system up to its connection with the customer's water system.

REDUCED PRESSURE ZONE (RPZ) DEVICE, ACCEPTABLE

A device containing a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the upsteam (supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.

Other terms. All other terms are defined in the Department of Health and Village of Williamsville Cross Control Manuals and policies as now in force or as amended from time to time.

Requirements.

The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Village of Williamsville.

The Village of Williamsville shall rate a customer's water system according to its degree of hazard to the public water system. Some of the factors to be considered are the use and availability of contaminants, the availability of an auxiliary water supply, and the type of fire-fighting system in use.

An acceptable backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served but, in all cases, before the first branch line leading off the service line, as follows:

Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.

Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double check valve assembly shall be installed. Unless otherwise determined by the Water Superintendent, one- and two-family residential water systems shall be deemed to have nonhazardous classification.

The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the Superintendent and/or its agent and all agencies required by the applicable New York State and Village of Williamsville laws and regulations.

(5)

It shall be the duty of the customer at any premises classified as hazardous pursuant to Subsection D(3)(a) and (3)(b) above where a reduced pressure zone device, and/or a double check valve assembly, is required to have certified inspections and operational tests done on every containment device, at least once a year. In those instances where the Superintendent deems the hazard to be great enough, he may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any reduced pressure zone device is to be installed, repaired, overhauled or replaced, in addition to the requirement of an annual certified inspection and operational test. All inspections and tests shall be at the expense of the customer and shall be performed by a New York State Department of Health (NYSDOH) certified tester approved by the Village of Williamsville Water Superintendent. The Village Water Department shall make available the names, addresses and telephone numbers of those persons who are certified as testers for such backflow prevention devices. It shall be the responsibility of the water customer per NYS Sanitary Code 5.1.31 a, b, and c to see that such certified inspections and operational tests are made. The customer shall notify the Superintendent in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if the Superintendent so desires. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Water Superintendent. Copies of all testing and maintenance records shall be sent to the Superintendent immediately after the work is performed. Protection of the public water supply and the customer's water system must be in full force at all times. Note: There is no "grace period" for noncompliance or repairs, etc. under any section of this section. Nothing contained in this section grants license for noncompliance.

(6)

No water service connection to any customer's water system shall be installed or maintained by the Village of Williamsville Water Department unless the water supply is protected as required by state laws and regulations and this section. Service of water to any premises shall be discontinued by the Village of Williamsville Water Department if a backflow prevention device required by this section is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed or bypassed or otherwise compromised. Service will not be restored until such conditions or defects are corrected.

(7)

No customer shall allow any water or other substance from an auxiliary water supply or other source to enter any portion of the customer's internal distribution system, which is connected directly or indirectly to any Village of Williamsville public water supply.

Enforcement and penalties.

No water service connection to any premises shall be installed or maintained by the water user unless the water supply is protected as required by this section and such other local, state and federal laws, rules and regulations.

If any facility served by a water system denies a Water Department person access to its premises for the purpose of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.

The following penalties shall be applicable for a violation of this section:

Failure to obtain approval for the appropriate backflow prevention device installation within 60 days after the first notice: fine of $250.

Failure to install the appropriate backflow prevention device within 30 days after the second notice: termination of service.

(c)

Failure to at least annually test and certify that backflow device installation meets the criteria to comply as an acceptable containment device within 10 days of notice: $300 and/or termination of service.

(d)

Failure to correct, replace or repair a backflow prevention device or the installation as required: $300 and/or termination of service.

(e)

Any water service terminated under this section shall be subject to the fees of termination for nonpayment in effect at the time of violation.

(f)

Any penalties under this subsection shall be treated as though they are for water service and may be placed on the tax roll as a lien if unpaid.

Fee schedule.

Fees for plan review by the Williamsville Water Department Engineer:

Three-fourths to 1 1/2 inch pipe size: $100.

Over 1 1/2 inch pipe size: $200.

Fees for inspections for each device shall be required at a cost of $75. All other inspections for determination for the need for RPZ shall be at a cost of $75.

Additional reviews and inspections. Additional reviews and inspections may be charged to the water customer at 1/2 the review and/or inspection fee for each additional review or inspection as deemed appropriate by the Williamsville Water Department.

Every day that the customer is in violation of this section represents a separate daily fine.

Installation and maintenance.

Water meters and/or containment devices, their vaults, protective enclosures, appurtances and other structures, to include those installations and plumbing inside buildings: It shall be the sole responsibility of the water customer to install and maintain said items at an acceptable level of condition as determined by the Williamsville Water Department, and which shall be in continuous conformity with governing laws, ordinances, regulations and specifications of the Williamsville Water Department and the State of New York as now in force or amended.