[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 3-2-2004 by L.L. No. 3-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 151, Water, adopted 5-21-1993 by L.L. No. 5-1993.
The quality of the water supply shall meet accepted standards of purity.
A. 
There shall be no use or sale of water or water service within the Village of Kiryas Joel without the express written approval of the Village.
B. 
There shall be no individual wells or private wells installed after the effective date of this article without the express written approval of the Board of Trustees. There shall be no connection made to any individual well or private well presently in use after the effective date of this article,
C. 
There shall be no connection to the Village's water system without a permit issued by the Water Department and payment of all fees and usage charges.
A. 
The water supply of the Village of Kiryas Joel shall be distributed through a piping system entirely independent of any piping system conveying another water supply.
B. 
Extensions to the distribution system.
(1) 
In all subdivisions and sites seeking a supply of water from the Village of Kiryas Joel, the distribution system within the subdivision or site must be designed so as to provide maximum opportunity for improving distribution within the area and for accommodating reasonably foreseeable expansion requirements. Adequate provision must be made for future system extensions, and the mains must be properly sized to accommodate foreseeable needs.
(2) 
All plans and specifications for the water system, main and appurtenances must be approved by the Village Water Department.
(3) 
An irrevocable offer of dedication and bargain and sale deeds for all water mains, appurtenances and easements must be provided and approved as to their form by the Village Attorney.
(4) 
The Village may provide water during construction and for testing purposes during the construction process. However, no water shall be supplied to homes or units constructed within a subdivision or an extension district unless and until the entire system has been accepted by the Village Board of Trustees.
(5) 
All application and/or connection fees must be paid prior to connection to the system. Such fees may be established and amended from time to time by resolution of the Board of Trustees.
Permission to connect to the water system will be given upon the express condition that the Board of Trustees may, at any time, revoke and annul said permission, if deemed in the best interests of the Village.
A. 
All water facilities for any property from the service tap to the water meter, including isolation valves, must be inspected by the Superintendent of Water. At least three working days' notice must be given to the Superintendent of Water when any plumbing is ready for inspection, and the plumber doing the work shall furnish all of the necessary assistance or appliances therefor.
B. 
The plumber shall remove or repair any defective material or labor when so ordered by the Superintendent of Water.
C. 
Under no circumstances can any plumber, or any of his employees doing the work of plumbing, act as the agent or representative of the Water Superintendent.
A. 
All water used on any premises or for any purpose whatever shall be metered. No bypass shall be made or maintained unless approved by the Village and metered. Property owners shall be responsible for the cost and installation of water meters. Meters must be replaced when over 10 years old.The Village may replace any meter over five years old at customer expense. Only meters which have been obtained from the Village shall be installed. The Village Water Superintendent shall determine the type and size of meter in each instance.
B. 
The meter(s) shall be installed within the building to be served as close as practical to the point where the service pipe enters the building by an outside wall and shall be set with the inlet and outlet with the register on top and shall be located so as to be readily accessible at all times for reading, inspection and repair. Isolation or stop valves shall be provided on both inlet and outlet sides of the meter. These valves must be "ball" valves, not gate valves.
C. 
In the event of a discrepancy between the water consumption as indicated by the remote reading device and the water consumption as measured by the water meter, the water consumption as measured by the water meter shall be controlling. At all times customers must promptly pay their water bills, even if disputing a charge.
D. 
Outside meter pits may be installed in special cases on written approval of the Village Water Superintendent. Such meter pits must be installed in accordance with Village specifications and at the expense of the property owner.
E. 
Provision shall be made to prevent hot water from entering the meter. No tee or other fitting through which water may be drawn shall be used or placed between the main and the meter. The Superintendent or agent may, at any reasonable time, enter upon the premises for the purpose of inspecting pipes, reading or checking the water meter and may discontinue the supply of water when the customer has failed to comply with Water Department rules and regulations or for nonpayment of water bills.
F. 
Meters shall be paid for by the property owner. All meters supplied by the Village of Kiryas Joel shall remain the property of the Village. Meters furnished by other parties will not be permitted.
G. 
Plumbers, after completing the work of introducing the water in a property and testing the pipes and fixtures, shall turn the water off at the curb stop until a meter has been set on the service.
H. 
There shall be no tampering with water meters or breaking meter seals with the intent to slow, stop or alter the reading of a water meter. In the event of tampering, the owner shall be responsible for paying for all unpaid water as estimated by the Village.
I. 
At the request of a consumer, the Water Department will test the meter supplying the property of said consumer. If the meter, on test, is found to be registering over 3% more water than actually passes through it, no charge will be made for the test; otherwise, a current charge, established by the Board of Trustees and in effect at the time, will be imposed. No credit to the customer for overbilling shall be given for any usage more than six months prior to the test.
J. 
When a meter is not working or cannot be read due to inaccessibility, the customer will be billed based on the Village's estimate of water used. In the event access to a meter has been limited by the property owner or resident, water consumption shall be billed at three times the estimated usage. The usage will be adjusted at the next actual reading when the meter is made accessible.
K. 
Any meter which fails to work properly due to improper installation or tampering shall be repaired or replaced by the owner at the owner's sole cost and expense. The Village reserves the right to test any such meter before it is placed in service.
L. 
All new construction begun after the effective date of this article shall provide for each dwelling unit to be separately metered. No connection to a building shall be allowed until all dwelling units are metered.
A. 
The charges for Village water shall be established by the Village Board.
B. 
The Board of Trustees may, by resolution, establish additional categories of charges or fees associated with the use of the Village water system. These charges or fees shall be deemed usage charges for purposes of this article.
C. 
An owner of property will be held responsible for all arrears unpaid by tenants. All expenses, charges, fees, water rates, fines, forfeitures or penalties which may accrue from or be imposed upon owners, tenants or occupants for water use, service or otherwise shall be a lien on the real property to which said water service shall have been rendered, and the collection thereof may be enforced in the same manner and method as provided for the collection of the same in Article 11 of the Village Law.
D. 
If the water rentals are in arrears for 30 days, the Village Board may order the water service shut off. Water service shall not be restored until water rentals and other charges in arrears have been paid, including a turn-on charge of not less than $25. There may be a service charge of 10% added to all bills in arrears subject to approval of the Board of Trustees.
E. 
When branches already exist and are not provided with stopcocks, in case of default in payment of water rent by anyone, the main service may be cut off until the back charges are paid, and the Department shall not be liable for damages from any other consumer who may thus be deprived of water.
F. 
All costs, including but not limited to legal fees and expenses, incurred by the Village to collect delinquent water rents shall constitute added water rents and shall be paid by the owner of property in the same manner as usage charges.
G. 
In the event water charges remain unpaid at such time as the Village levies real property taxes, the charges may be relevied on the tax bills, together with a handling charge of 20%, subject to approval of the Board of Trustees.
Connection fees to obtain water service shall be established by resolution of the Board of Trustees,
A. 
No one, except the Village Water Department, shall tap or cause to be tapped any water main, either private or Village-owned, through which Village water is to be delivered to the customers.
B. 
No one shall connect to any other service line without the permission of and according to the requirements of the Village Water Department.
C. 
No tap or connection to any house service shall be made until permission for said water connection or tap is obtained from the Village and the connection fee is paid.
D. 
One tap and only one tap shall be made for each service line. Multiple taps shall not be made. Excavation for tapping mains shall be at least 48 inches by 72 inches. Notification will be made to the Water Department at least three workdays in advance prior to the start of any excavation to tap.
A. 
A service line is defined as serving any individual building, group of buildings or property.
B. 
Service lines shall be laid at least four feet below the surface of the ground at all points, protected from frost or damage, at the owner's risk and expense. All lines shall be properly bedded with approved material and properly backfilled.
C. 
Each service line shall supply water to one and only one residence or building.
D. 
Unless otherwise approved in writing by the Water Superintendent, service lines from the main to the meter, up to and including 1 1/2 inches in diameter, shall be of pure, seamless soft-tempered copper tubing with bronze fittings. Tubing shall be Type K, not less than 3/4 of an inch and the following thickness:
Nominal Pipe Size
(inches)
Outside Diameter
(inches)
3/4
7/8
1
1 1/8
1 1/4
1 3/8
1 1/2
1 5/8
E. 
Fire service lines must have a minimum inside diameter of six inches. Installation and maintenance of such lines must conform to the New York State Fire Prevention Code and the Village of Kiryas Joel's specifications. Installation and maintenance of fire lines and appurtenances shall be at the sole cost and expense of the owner.
F. 
Owners of approved unmetered fire lines shall be charged an annual fee, which shall be established by the Village Board of Trustees.
A. 
Corporation stops shall be tapped on the side of the water main except in special circumstances. The service line shall be looped for settlement and movement.
B. 
Service lines greater than two inches in diameter shall consist of ductile-iron, mechanical joint, cement-lined pipe connected to the main by a tapping sleeve and valve. The ductile-iron pipe must meet the same specifications as transmission-line piping.
C. 
All service lines, curb boxes, curb stops and taps shall be installed by and at the expense of the property owner. The property owner will establish, by a survey, the location of the property line and the public right-of-way. The curb box and curb stop shall be installed within the public right-of-way, in the grass strip where available, approximately four feet from the paved portion of the street and behind any sidewalks. Any curb box projecting above grade or lower than grade shall be corrected to and maintained at grade level by the property owner.
D. 
In the event that the property line is over 25 feet from the corporation stop, the Water Superintendent may require a curb stop and curb box to be installed immediately after the corporation stop in addition to the curb box and curb stop at the property line.
E. 
No one shall tap a Village main without a permit and on-site inspection of the tap at the time of tapping.
A. 
All materials from the trench excavation shall be loaded and removed from the site, and run-of-bank material, free from stone, 1/2 cubic foot in site shall be used for backfill for the excavation. The material shall be placed manually to one foot above the pipes, and the trench shall be mechanically tamped in two-foot layers.
B. 
Excavated materials may be used to backfill the trench only upon approval of the Village Water Superintendent.
C. 
No service line shall exceed 70 feet in length under a public street.
D. 
Service lines under heavily traveled streets will be sleeved at the time of installation as determined by the Water Superintendent.
A. 
The owner of property shall maintain in perfect order, at his own cost and expense, the entire service line from the Village's water main to the building.
B. 
All leaks in that portion of the service line which the property owner must maintain and repair shall be repaired by the owner of the property at the owner's sole expense. If the property owner fails to repair such leak within 24 hours after written notice from the Village, then the Village shall have the right and authority to enter upon the property and make the necessary repairs and charge the cost of such repairs to the owner of the property. In case of emergency, the Water Superintendent shall have the right and authority to enter upon the property and make the necessary repairs and charge the cost of such repairs to the owner of the property. Such costs, if unpaid, shall be collected, together with a handling charge of not less than 10%, in the manner set forth in § 151-7C.
C. 
In the event that a water service line freezes, the Village shall, after notice, undertake thawing of said line. The cost of thawing the service line shall be borne by the property owner.
Whenever the static pressure exceeds 75 pounds per square inch at the point of entry of the service line into the building, a pressure-reducing device shall be installed by the property owner so that the pressure in the building is a maximum of 55 pounds per square inch. This section shall be mandatory for all new service line installations or service line replacements.
A. 
No main lines or branch lines for water supply shall be constructed within the service area of the Village water system without complete plans being presented with an application to the Village Water Department for inspection and approval. No work shall proceed without this approval. The Water Superintendent may refer plans to a professional engineer for a recommendation prior to granting approval.
B. 
Mains shall be constructed with proper blow-off valves and shall be so constructed as to eliminate dead ends. Mains shall be constructed of mechanical-joint, cement-lined, ductile iron pipe.
C. 
Six-inch pipe will be the minimum size acceptable on runs up to 500 feet total length over 500 feet long. Lines will be a minimum of eight inches.
A. 
The transmission line shall be American Water Works Association Specification cement-lined with bituminous coat and bituminous outer coat or ASA-A-21.55 Class 52, Ductile Iron. Joints shall be rubber O-ring (Tyton or equal) or mechanical-joint type. Fittings shall be Class 250 cast-iron, cement-lined mechanical joint. Valves shall be Mueller 1222, or equal approved by the Water Superintendent, and shall open counterclockwise.
B. 
The pipe shall be laid directly upon the trench bottom which has been hand trimmed to provide the pipe with a full-length bearing and fine earth or gravel compacted under the pipe. Where the bottom of the trench at subgrade is found to be unstable, the contractor shall remove unstable material to the width and depth ordered by the inspector. Before the pipe is laid, the subgrade shall be made by refilling with gravel or crushed stone in compacted layers and shall be thoroughly compacted so as to provide a uniform and continuous bearing and support for the pipe. Rock shall be excavated to a depth of six inches below subgrade and refilled with thoroughly compacted gravel. Concrete thrust blocking shall be provided at plugs, tees, bends and at other locations designated by the inspector.
C. 
For the purpose of electrical bonding, the contractor shall install serrated bronze wedges between the barrel and the bell of the pipe.
D. 
Pipe trenches shall be backfilled as soon as possible after inspection. Selected well-graded material shall be used for backfilling under, adjacent to and for a depth of one foot above the pipe. This shall be thoroughly compacted into place mechanically. If there is a deficiency of suitable material for backfilling, the contractor shall furnish such suitable material from an outside source. The remainder of the trench, to a depth of four feet above the pipe, shall be backfilled and mechanically tamped with suitable material from the excavation. No boulders or rock pieces larger than one cubic foot in volume shall be used in backfilling the remainder of the trench. If suitable material is not available from the trench excavation, the contractor shall furnish such material from an outside source. At the end of each day's work, the pipe shall be sealed with a suitable pipe cap to prevent the entrance of foreign material into the pipeline. Disinfection shall be accomplished in accordance with the methods prescribed by AWWA Standard C-600, latest revised edition.
E. 
The line shall be tested for pressure and leakage, in accordance with the method prescribed by AWWA Standard C-601, latest revised edition.
F. 
The contractor shall furnish a maintenance bond in the amount of 10% of the contract price. The maintenance bond shall have a term of one year and shall ensure the owner against the failure of the contractor to meet the requirements of a one-year guaranty included under his contract work.
G. 
The contractor hereby guarantees all the work and equipment furnished under this contract against any defects in workmanship or material for a period of one year following the date of final acceptance of work by the Village. Under this guaranty, the contractor agrees to make good, without delay, at his own expense, any failure of such parts due to faulty materials, construction or installation or the failure of such equipment to successfully perform all the work put upon it within the limits of the specifications and further shall make good any damage to any part of the work caused by such failure.
H. 
Where mechanical-type joints are indicated on plans, approved gaskets shall be installed.
I. 
All materials shall be approved by the Water Superintendent.
(1) 
Meters:
(a) 
As specified and purchased from the Village of Kiryas Joel.
(b) 
Water will be furnished for testing purposes only and will be turned on for domestic use after the owner, or his agent, has complied with all the rules and regulations of the Water Department and after the waterline has been accepted by the Village and after a certificate of occupancy has been issued.
(c) 
Before any street or waterline will be accepted by the Village, a complete map showing all valves, hydrants, corporation stops, main lines, service lines and curb boxes must be furnished the Water Department. This map or plan must show accurate and complete measurements acceptable to the Water Department.
A. 
In all places where steam boilers, heating systems or hot water tanks are supplied with water from the water system, the owner or consumer must see that the plumber places a suitable safety valve, vacuum valve or other proper device to prevent damage from collapse or explosion when water is shut off.
B. 
Where the chance of a health hazard contamination of the water supply exists through backflow or backsiphonage, an American Water Works Association approved reduced-pressure backflow preventer will be installed. All of the plumbing work necessary will be at the property owner's expense.
C. 
The Village shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.
D. 
The Village reserves the right to limit the amount of water furnished to any consumer should circumstances warrant such action, or the Village may entirely shut off the water supply used for any manufacturing purpose, for furnishing power or for lawn sprinkling at any time by giving reasonable notice by publication, if possible, of such intended action; or in the case of making or constructing new work, or in making repairs or in an emergency, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
E. 
The Village shall not be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever, by the shutting off or restriction of water, or by water-main breaks or service leaks, repairs or tests.
F. 
Any air conditioner or cooling device using water in its operation shall make use of a cooling tower or some means of reusing the water.
A. 
Each hydrant shall have two two-and-one-half-inch hose connections and one four-and-one-half-inch steamer connection. Hydrants shall have flanged ends to which can be bolted a six-inch flanged and mechanical-joint valve or mechanical joint end.
B. 
Each hydrant shall be installed so that the hydrant has a poured-concrete thrust block or is securely rodded to the water main. Rods will be five-eighths-inch threaded rod minimum.
C. 
Hydrants shall be set so that the bury mark is at finished grade. In the event that extensions are needed, they will be of proper length to bring the hydrant to normal elevation.
D. 
A valve will set so that the hydrant may be shut off for repairs without shutting off any water main(s) or line (s).
E. 
Where curbing or sidewalks are going to be used at the edge of a roadway, the hydrant shall be set behind the sidewalk.
F. 
Provisions will be made at the time of installation for the proper draining of the barrel when the hydrant is shut down.
The reduced-pressure backflow preventer shall consist of two independently operated spring-loaded poppet-guided check valves with an automatically operating, mechanically independent, hydraulically dependent pressure-differential relief valve located between the two check valves. Further, there shall be two shutoff valves and four test cocks. If either check valve should leak, the pressure-differential relief valve shall open and discharge to the atmosphere, thus maintaining the zone pressure less than the supply pressure. The device shall be constructed so it can be disassembled and repaired without removing the body from the supply line. This device shall be equal in all respects to the Neptune Model 575 reduced-pressure backflow preventer, as marketed by the Neptune Water Meter Company, Atlanta, Georgia.
The double check-valve assembly shall consist of two independently operated spring-loaded poppet-guided check valves; each holding a minimum of one pound per square inch in the direction of flow, two shutoff valves and four test cocks. The device shall be constructed so that it can be disassembled and repaired without removing the main body from the line. This suit shall be equal in all aspects to the Neptune Model 550 double check valve assembly, as marketed by the Neptune Water Meter Company, Atlanta, Georgia.
All recipients of water service shall be deemed to have consented to the entry of Village personnel onto the premises receiving water service for purposes of reading or checking meters and of effecting a termination of water service by the physical disconnection of service lines in all cases where the service lines do not have individual shutoff valves or stopcocks.
A. 
This article shall be enforced by the Water Superintendent, Code Enforcement Officer, and any other person so authorized by resolution of the Board of Trustees.
B. 
Upon determination that a violation of this article exists, the enforcement officer shall serve a written notice of violation which orders the remedying of the violation. Such order shall state the nature of the violation and the provision or term violated, and shall set a date as may be reasonably necessary for achieving compliance before proceedings to compel compliance and/or assess penalties shall be instituted. Such order shall be served personally or by certified mail to the last known address of the property owner. If service is by certified mail, then a copy of the notice of violation shall be posted at the premises where the violation exists.
C. 
In addition to any other remedies and enforcement provisions available to the Village set forth elsewhere herein:
(1) 
Any person who violates any provision of this article shall, upon conviction, be guilty of a violation, punishable by a fine not exceeding $200 for each day or part thereof during which such violation continues. Said civil penalty shall be recoverable in an administrative proceeding held by and before the Board of Trustees pursuant to the following procedure:
(a) 
Whenever a violation has not been remedied within the time specified in a written notice served personally or by certified mail to the last known address of the property owner, an enforcement officer may issue an order to show cause before the Board of Trustees why such penalties should not be imposed.
(b) 
Service of order to show cause.
[1] 
Such order to show cause shall be served personally; or by mailing a copy of such order by certified mail to the property owner at his last known address as shown on the records of the Village and by posting a copy of such order on said premises.
[2] 
Where practical, a copy of such order may be served personally on the residents of the premises. Such personal service on the residents shall not be a substitute for the service otherwise required, nor shall the failure to provide such personal service invalidate any proceedings pursuant to this article.
[3] 
A copy of said order may be filed in the County Clerk's Office, which order shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. An order so filed shall be effective for a period of one year from the date of filing. It may be terminated upon an order of a judge or justice of a court of record or upon the written consent of the Attorney for the Village. The County Clerk shall mark the order to show cause and any record or docket thereof as canceled of record upon the presentation and filing of a certified copy of said judicial order or of such consent.
(c) 
Content of order. Said order to show cause shall state the nature of the violation; the provision or term violated; and the date, time and place for a hearing before the Board of Trustees. The hearing shall be set for a date not less than seven days after the date the order to show cause is mailed.
(d) 
Conduct of hearing.
[1] 
The Board of Trustees shall conduct a hearing at the date, time and place specified in the order to show cause. The hearing may be adjourned from time to time and shall continue until interested persons subject to the order to show cause are heard. No formal rules of evidence shall apply nor shall a stenographic transcript be required.
[2] 
The property owner and any others subject to the order to show cause may be represented by an attorney and shall have the right to present evidence and examine witnesses to show why penalties should not be assessed.
[3] 
After the hearing is closed, the Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision, shall state the dollar amount of and fine(s) imposed and shall be supported by substantial evidence.
[4] 
Any fines imposed plus, if any fine is imposed, the costs to the Village of the proceeding, including but not limited to attorneys' fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by resolution of the Board of Trustees.
[5] 
The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any stop-work order or stay payment of any fine and costs imposed.
D. 
Assessment of fines and costs. All fines and all costs incurred by the Village in connection with the administrative proceeding, if unpaid, shall be a lien on the real property and shall be assessed against such property, together with nine-percent interest per annum, and shall be levied and collected in the same manner as real property taxes.
E. 
Correction of violation by Village.
(1) 
Compliance with this article is required in the interest of the public safety, health and welfare. If the property owner fails to correct a violation after notice, the Village and its agent shall have the right to enter onto the property to perform the work necessary to correct the violation. The property owner shall be responsible and liable for all costs incurred by the Village in connection therewith. If not paid, said costs shall be assessed against such property, together with nine-percent interest per annum, and shall be levied and collected in the same manner as real property taxes.
(2) 
The abatement, removal or repair of any nuisance, hazard or other such condition by the Village of Kiryas Joel or its agents shall not operate to excuse the owner, tenant or occupant from properly maintaining any premises as required by this article, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any penalties provided for herein.
F. 
Alternatively or in addition to the remedies provided by Subsections C, D and E, the Board of Trustees or enforcement officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of this article or any permission granted pursuant thereto.
[Added 12-27-2013 by L.L. No. 1-2014]
A. 
The Board of Trustees is hereby empowered to establish, and from time to time revise, by resolution, charges (in addition to fees pursuant to § 151-8) of the following categories:
(1) 
Water supply facilities improvement and connection charge.
(a) 
Residential.
(b) 
Commercial.
(c) 
Industrial.
B. 
Allocation of funds. Moneys received by the Village attributable to the charges herein shall be held in trust for the purpose of mitigating the capital facility needs resulting from new construction. Moneys shall be utilized for the purpose of providing capital improvements which increase the capacity of water supply systems, or other necessary infrastructure, in compliance with all statutory, regulatory and permit requirements. The moneys shall not be used for operations and maintenance. The Board of Trustees shall establish from time to time such capital reserve funds and/or trust and agency funds as necessary and appropriate to effectuate the purpose of this article.
C. 
Payment of charges. No new residential, commercial or industrial unit shall connect to or change the use of the connection to the Village water supply system until all charges attendant thereto have been paid.
D. 
Annual review; refunds.
(1) 
The Board of Trustees shall annually, in conjunction with the adoption of the budget, review the charges, capital improvement program and capital reserve and/or trust and agency accounts. The purpose of such review shall be:
(a) 
To determine whether charges are adequate and sufficient to mitigate anticipated needs without being burdensome or in excess of the fair share of costs attributable to new development and to revise such charges as the Board of Trustees shall deem advisable.
(b) 
To consider a refund of charges moneys where capital improvement goals have been met without the exhaustion of such moneys. Completion of a phase or portion of a capital improvement program shall not mandate the refund of moneys where program goals remain to be accomplished and such funds will be utilized for such purposes.
(c) 
To consider the refund of charges moneys which have not been allocated for a particular capital improvement within three years of payment. Moneys shall be deemed allocated to a particular project when so designated by the Board of Trustees and the state environmental quality review process prerequisite to the implementation of such improvements has commenced.
(2) 
The Board of Trustees is hereby empowered to establish an administrative mechanism for the refund of connection charges when such charges have not been found necessary for the funding of capital improvements. Such refunds shall be fairly allocated.
E. 
In the event any water charges remain unpaid at such time as the Village levies real property taxes, the charges may be re-levied on the tax bills, together with a handling charge of 20%, subject to approval of the Board of Trustees.
[Added 3-11-2022 by L.L. No. 3-2022]
The Village of Kiryas Joel Board of Trustees, in accordance with New York State Village Law § 3-308, does hereby establish a Board of Water Commissioners with certain designated authority and purpose so as to assist the Village Board in providing and furnishing pure and wholesome water to the inhabitants of the Village of Kiryas Joel and the Town of Palm Tree.
A. 
The Mayor shall be and hereby is directed and empowered to appoint no less than three Commissioners, subject to confirmation by a majority of the Board of Trustees, to constitute a Board of Water Commissioners for the Village of Kiryas Joel, to take charge of and carry on the work of administering water supply contracts entered into by or on behalf of the Village and to have all the power and authority required to do so.
B. 
The Mayor, subject to the approval of the Board of Trustees, shall appoint the members of the Board of Water Commissioners, and the first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year and continuing in succeeding years until the entire original appointments run out. No such term shall exceed five years.
C. 
Commencing with the first annual meeting following the establishment of the Board, and continuing annually thereafter, successors to former appointees, the term of whose offices have then expired, shall be appointed for a full term. The length of such term shall be determined by the Board of Trustees but in no event shall exceed five years.
D. 
No person shall be appointed to serve on the Board of Water Commissioners of the Village of Kiryas Joel unless, at the time of the appointment, said person is a resident of the incorporated Village.
E. 
The members of such Board shall receive no salary or compensation for their services as members of the Board of Water Commissioners other than that established by resolution of the Board of Trustees.
F. 
A chairperson of shall be appointed by the Mayor, subject to the approval of the Board of Trustees.
G. 
The Board of Water Commissioners shall have the assistance of legal counsel by the Village Board's legal counsel.
H. 
The Board of Water Commissioners shall have the power and authority to employ experts and a staff and to pay for their services and for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for such Board of Water Commissioners by the Village Board.
I. 
In addition, the Board shall have the following powers, duties and responsibilities:
(1) 
Prescribe and promulgate rules and regulations governing its own organization and procedures in a manner consistent with law.
(2) 
Records. The Board shall keep written records of all matters that come before it.
(3) 
Review all water service agreements between the Village and third parties; assist in the administration of those agreements; monitor compliance with those agreements; recommend and preapprove any proposed amendments to those agreements; advise the Village Board and the Water Superintendent of the need for enforcement in the event of a breach of any such agreement.
(4) 
For the avoidance of doubt, the Board shall have no authority to unilaterally approve a change in any written contract between the Village and a third party, unless such change is then ratified by the Village Board of Trustees.
(5) 
The Board of Commissioners shall be bound by the Village's Code of Ethics,[1] and shall discharge their duties in accordance with law.
[1]
Editor's Note: See Ch. 25, Ethics, Code of.
J. 
The Board of Trustees may from time to time amend the composition, powers, duties and responsibilities of the Board of Water Commissioners.
Special meetings of the Board may be called upon three days' notice by the Chairperson. Written notice shall be mailed, emailed or delivered to each Commissioner prior to the meeting. Notice of a meeting need not be given to any Commissioner who submits a signed waiver of notice, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to him or her.
The Board shall hold its meetings at the Village offices.
The Board of Water Commissioners is subject to the Open Meetings Law and shall comply with the Open Meetings Law of the State of New York, as set forth within Article 7 of the Public Officers Law.[1]
[1]
Editor's Note: See Public Officers Law § 100 et seq.
The Board of Water Commissioners is subject to the Freedom of Information Law and shall comply with the Freedom of Information Law of the State of New York, as set forth within Article 6 of the Public Officers Law.[1]
[1]
Editor's Note: See Public Officers Law § 84 et seq.
A. 
A majority of the entire Board shall constitute a quorum for the transaction of business at meetings of the Board.
B. 
A majority of the Commissioners present, whether or not a quorum is present, may adjourn any Board meeting to another time and place. If a quorum is present at the adjourned meeting, any business may be transacted that might have been transacted on the original date of the meeting. Notice of the adjourned meeting shall be given to all Commissioners.
Any action to be taken by the Board of Water Commissioners means action at a meeting of the Board. Each Commissioner shall have one vote regarding any action to be taken by the Board. Except as otherwise provided by law, the vote of a majority of the Board present at the time of the vote at a duly convened meeting at which a quorum is present shall be the act of the Board of Water Commissioners.