[Adopted 1-26-1994 by L.L. No. 2-1994]
This article shall be known as the "West Route
5 Water District (WR5WD) Water Rules and Regulation Law."
The following rules and regulations shall apply
to any person or corporation who shall be supplied or whose property
shall be supplied with water by the Town WR5WD or any improvement
district thereof.
All service connections with the principal mains
and service pipes from said principal mains to approximately two feet
from lot line, including tapping of main, corporation cock, copper
pipe, curb cock and box for same, shall be put in and installed only
by properly authorized persons acting under the direction of the Town
Board or its agent at the expense of the consumer.
All connections from curb valve to the meter
location shall be completed by the homeowner at his own cost and expense,
under the supervision of the Town Board or its agent, and all installations
shall be subject to approval by the Town Board or its agent before
water shall be turned on.
The plumber or any other person designated and
employed by the owner of the premises will be considered the agent
of such owner while employed in the prosecution of the work of introducing
water into such premises and in no sense as the agent of the water
district. The town will not be responsible for the acts of such persons.
Every person desiring a supply of water through
the principal water mains must make application at the office of the
Town Code Enforcement Officer, Town of Westfield, New York for a service
pipe and connection with forms furnished by said Town Board and must
be signed by the owners of the property or his duly authorized agent,
and the meter deposit and connection charge must be paid.
The service pipe between the curb valve and
meter, wherever located, shall be pipe approved by the Town Board.
The curb valve controlling any service shall
not be opened by any person after connecting said service at the curb,
so that water may be supplied to such premises by said service, unless
the service pipe installation has been approved by the Town Board
and the meter installation completed. In case of building operations,
special permission may be given by the Town Board or Superintendent
of Water Department under such conditions as they may prescribe.
Any person responsible for any injury to any
main, pipe, hydrant or other water facility, shall reimburse the water
district therefor and for the loss of water caused thereby. He shall
also be responsible for any damage caused by such escaping water.
In the case of any excavation for the introduction
of any water pipe or connection under authority of a permit from the
Town Board, the owner will be held responsible for the trench opened.
Public safety and conveniences shall be duly regarded and conserved
by the construction of such bridges across open trenches as may be
required to ensure safety to the public. Red lights, barricades and
all such other means of protection against accident must be provided.
Before trenches are backfilled, materials and workmanship shall be
inspected by the Town Board or their representative and approved in
writing.
The owner of property into which water is introduced
by a service pipe will be required to maintain in perfect order, at
his own expense, said service pipe from the service valve to the meter
on or before his premises, including all fixtures therein provided
for delivering or supplying water for any purpose. In case such services
and fixtures are not so kept in repair, the Town Board or their representative
may cause to have made all necessary repairs and renewals or parts
thereof. The expense of such work and all materials and labor required
shall be paid by the property owner.
Inside the wall of the building into which the
service pipe extends, at the point where the pipe enters the interior
of the building, a stop and waste valve shall be conveniently located
in order to drain the meter, or in such other convenient place as
the Superintendent may approve.
The Superintendent, town officers or employees
of the water district, upon presentation of proper credentials, may
enter upon any premises where water is being supplied by water districts
or upon any premises when application is made for a permit to connect
plumbing with the water pipes, for the purposes of installing, reading,
removing or repairing meters, or for inspecting the plumbing and fixtures
of the water service.
In the case of making or constructing new work,
in making repairs or leakage tests, the right is reserved to shut
off the water from any consumer, without notice, for as long a period
as may be necessary. No water district, its employees or the town
shall be liable for any damage which may result to any person, property
or premises from shutting off of the water from any main, or service,
for any purpose whatever, even in cases where no notice is given.
No water district of the Town of Westfield shall
be liable for any damage or loss of any kind to property or persons
which may arise from or be caused by any change, either increase or
decrease, in pressure of water supplied from any cause whatever, including
negligence on the part of the water district, its agents, servants
or employees.
All water furnished through service pipes, whether
for residential, commercial or industrial use, shall be metered. No
meters shall be set or removed or distributed, except by the water
district. All meters shall be furnished and installed by the water
district, after payment of the meter deposit and the connection charge.
The Water Superintendent shall approve the location of the meter.
Any municipal water meter shall be taken out
and tested upon complaint of the consumer. If, upon test, the meter
is not within 3% of being accurate, it shall be repaired or replaced.
Any damage which the meter may sustain, resulting
from the carelessness of the owner, his agent or tenant, or from neglect
of either of them to properly secure and protect the same, including
any damage that may result from allowing said meter to become frozen,
or to be injured by hot water or steam, will be billed by village
and paid to village by the owner of the premises.
Whenever a meter is set in any building, the
space occupied by the meter and the meter box shall at all times be
kept free from rubbish or obstructions of any kind. Temperature must
be maintained above freezing temperatures at all times. The owner
or tenant shall provide ready and convenient access to the meter so
that it may be read and examined by agents of the water district,
when deemed necessary by the water district.
Water meters for building purposes shall be
set by the water district at the expense of the contractor (or person
making such application therefor). In case it is impractical to place
meters for such building purposes, water may be supplied to the contractor
or owner at a flat rate. The water district will furnish a "meter
yoke" installation by the owner's plumber. District representatives
will install the meter.
Generally, all water consumed shall be recorded
and paid for by meter registration and at rates to be fixed by the
Town Board (and shall be based on prevailing Westfield Village rates).
Such rates may from time to time be changed as the Town Board may
determine. Water rates for turning on and off, selling meters and
taking meters in and out will be on file in the Town Clerk's office.
Bills for metered water shall be payable for
such billing periods as shall be established by resolution of the
Town Board. In each instance, water bills, if not paid in 30 days,
shall be cause for turning off the water service without notice. In
case of inability to read meter, an estimated bill will be submitted
to the consumer.
No abatement of the charges for water rents
will be allowed on account of the vacancy of the premises supplied
with water, unless the water supply is turned off by the water district
and the meter removed. For such suspension of service, there shall
be no charge. There will be a charge for installation of the meter
upon reinstalling water service to any residence.
All charges for water, service pipe installation,
repairs, damages caused by carelessness or neglect, penalties, etc.,
shall be made against the premises supplied, and the owner of the
premises shall be held responsible therefor. Such charges, if not
paid, shall be a lien on the property benefited. All such unpaid charges
shall be added to the next general tax against property.
All street or road fire hydrants or hydrants
for private fire protection from unrestricted service lines are under
the control of the water district. No person, except an authorized
agent or employee of the water district, or a person permitted by
the Town Board to take water therefrom, shall operate, use or disturb
any hydrant, or any part thereof, or take any water therefrom, under
any circumstances whatever, except fire companies for use in control,
prevent or extinguish fires.
In the event that anyone damages a street or
road hydrant by a person (or his agent) holding a permit for such
purpose, the holder of the permit shall pay such damages and all costs
and expenses that may be incurred by reason thereof, on demand, to
the water district, including loss of water.
No person shall use any fire hydrant for construction
or other purposes without first obtaining a permit for such use from
the water district or Superintendent and making any advance payment
demanded by said district. The hydrant shall be operated only by a
proper hydrant wrench, which shall be obtained from the water district
or Superintendent. Water must not be allowed to run except when used.
All persons using hydrants shall immediately obey any instructions
or orders that may be issued by the Town Board to regulate the use
of these hydrants. If required by the Town Board, a meter shall be
applied to the connection made with the hydrant at the expense of
the party using same, and said party shall pay for all water by meter
measurement at the stipulated rates.
No persons, except as duly authorized representatives
of the water district, shall open, close or in any way interfere with
any valve or gate in any water main or pipe. Any person who has disturbed
or displaced a valve box or who has covered a valve box with dirt,
paving, plank or other material shall immediately replace the valve
box or remove the obstruction.
Service pipe will be required to be laid not
less than four feet six inches below the surface of the earth at any
point in the inside of the foundation wall of the building into which
the water service is introduced. For those instances where specific
conditions will not allow conformance with this requirement, the town
representative may allow alternative measures that provide equivalent
protection of the service pipe.
No consumer within the water district shall
sell water to anyone for any purpose whatsoever.
No water through any connection, pipe or main
shall be sold or furnished outside the water district without the
consent in writing of a duly authorized agent for the Town Board after
action of the Town Board.
No connection whatsoever shall be made by any
person between the facilities of said water district and any other
water system, public or private, without the consent in writing of
a duly authorized agent for the Town Board after action of the Town
Board.
Failure of the applicant to give written notice
to have service discontinued will make the owner of property liable
for all water charges against said premises, and such notices must
be actually delivered to the office of the Town Clerk.
A seasonal customer is one who has his water
turned on and off for one or more quarters in any one year. Seasonal
customers may have water turned off and meter removed and then water
turned on and meter installed by an authorized agent of the Town Board
after paying the required fees.
Violation of this article shall be deemed an offense, and upon conviction such violator shall be subject to the penalties provided in Chapter 1, General Provisions, Article II, and such other reasonable penalty, such as a shut-off of the water pending compliance, that the trial judge may impose. Failure to prosecute any apparent violation shall not be deemed to be a waiver or license by the Town Board for continuance thereof.
With the exception of when § 175-55 applies, every parcel within the water district (unless the structure needing water is 500 feet from district water supply line) that has an existing structure that needs water for cooking, drinking or that will empty into the Westfield Sanitary Sewer Improvement will be considered one unit for payment of principal and interest and maintenance. However, a parcel owner 500 feet or more from the district water supply line has the option of being designated a district unit. All district units must hook up to district water supply line. If two buildings on a single parcel need water, the only case in which two buildings will be permitted to be considered one unit and use one meter is when related family members live in both units and one building has under 300 square feet of living space. In no case will one meter serve buildings owned by different people, except at Edgewater (see § 175-56). In no case shall one of two buildings situated on a single parcel be used for rental income, unless parcel has been established as two units.
Vacant parcels, except in the AG District, will be considered 1/2 unit for payment purposes if the lot is buildable according to Chapter 185, Zoning, and if topography, soil and water conditions would allow standard construction methods.
Within the AG District, no new buildings will
be allowed to hook up to the district water line unless the building
owner leases or owns land or adjoining lands used for agricultural
purposes.
The Edgewater Condominium Complex will be served
by one meter, and each condominium unit will be one district unit
for payment of principal, interest and maintenance.
The capital cost of the district of $697,000
is divided between the west section (west of Forest Park) at $294,493.12
and the east section (the rest of the district) at $402,506.88. Each
section will be responsible for the amount allocated to it. Each unit
will be billed by the district for the amount applicable for interest,
principal and operation and maintenance for units in their section.
Units that made lump-sum principal payments in December 1993, will
only be responsible for operation and maintenance charges.
[Added 8-17-2005 by L.L. No. 2-2005]
This article shall be known as the "North Town Water District
Water Rules and Regulations Law."
The following rules and regulations shall apply to any person
or entity whose property shall be supplied with water by the Town
of Westfield's North Town Water District (the "District"), including
any improvement or benefit district therein. Such person or entity
is hereinafter referred to as the "owner" or "consumer." A legal description
of the boundaries of the district is on file in the office of the
Town Clerk.
The Town of Westfield and Village of Westfield Water Department
(the "Water Department") have reached an agreement whereby the Water
Department will, among other things, supply water to the district
and oversee the maintenance and repair of any improvements in the
district.
All service connections with the principal mains and service
pipes from said principal mains to approximately two feet from lot
line, including tapping of main, corporation cock, copper pipe, curb
cock and box for same, shall be installed only by the Water Department,
in a manner and at a rate set by the Town in the district's water
service instructions, as may be amended from time to time. Said water
service instructions are on file in the office of the Town Clerk.
A.
All connections from the curb valve to the meter location shall be
completed by the owner at his own cost and expense, under the supervision
of the Water Department, and all installations shall comply with the
requirements of the water service instructions, and shall be subject
to approval by the Water Department before the water service shall
be activated.
B.
The plumber or any other person designated and employed by the owner
will be considered the agent of the owner while employed in introducing
water into such premises, and not as the agent of the district or
Town, who shall not be responsible for any acts of such persons.
Any person desiring to connect to district water mains shall
apply in the office of the Town Clerk for a service pipe and connection,
with forms furnished by the Town Clerk, which must be signed by the
owner of the property or his duly authorized agent and be accompanied
by the meter deposit and connection charge.
The service pipe between the curb valve and meter, wherever
located, shall be of a type approved in the water service instructions.
The curb valve controlling any service shall not be opened by
any person after connecting said service at the curb, so that water
may be supplied to such premises by said service, unless the service
pipe installation has been approved by the Water Department and the
meter installation completed. In case of building operations, special
permission may be given by the Town or Superintendent of the Water
Department under such conditions as they may prescribe.
Any person responsible for any injury to any main, pipe, hydrant
or other water facility, shall reimburse the district therefor and
for the loss of water caused thereby, and for any damage caused by
such escaping water.
The owner is responsible for any trench opened under authority
of a permit from the district. The owner shall give due regard to
public safety and convenience of the public, and shall install red
lights, barricades and all such other means of protection against
accident, including bridges, as may be required to ensure safety to
the public from dangers posed by such trench. The Water Department
must inspect and approve in writing all materials and workmanship
before any trench is backfilled.
The owner shall maintain any service pipe supplying water to
his property in perfect order from the service valve to the meter
on or before his premises, including all fixtures therein provided
for delivering or supplying water for any purpose. If such services
and fixtures are not kept in repair, the Town or Water Department
may cause to have made all necessary repairs and the expense of such
work and of all materials and labor required shall be paid by the
owner.
The owner shall install or cause to have installed a stop and
waste valve, which shall be conveniently located in order to drain
the meter, either at the point where the pipe enters the interior
of the building or in such other convenient place as the Water Department
may approve.
Employees of the Water Department or Town may, upon presentation
of proper credentials, enter upon any premises where water is supplied
by the district or upon any premises when application has been made
for a service connection, for the purpose of installing, reading,
removing or repairing meters, or for inspecting the plumbing and fixtures
of the water service, whether actual or proposed.
The Town reserves the right to shut off water service to any
consumer, without notice, for as long a period as may be necessary
when necessary to install or construct new work, make repairs, or
conduct leakage tests, and the Town, District, or Water Department,
or their employees shall not be liable for any damage that may result
therefrom, even if no notice is given.
The Town, District, or Water Department 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, either increase or decrease,
in pressure of water supplied, without regard to the cause thereof,
including negligence on the part of the district or Water Department,
their agents, servants or employees.
A.
All services to be metered. All water furnished through service pipes,
whether for residential, commercial or industrial use, shall be metered.
No meters shall be set or removed or distributed, except by the Water
Department. All meters shall be furnished and installed by the Water
Department, after payment of the meter deposit and the connection
charge, and the Water Department shall approve the location of the
meter.
B.
Testing meters. A water meter shall be removed and tested upon complaint
of the consumer, and, if testing shows the meter is not within 3%
of being accurate, it shall be repaired or replaced at no cost to
the consumer.
C.
Damage to meter. The owner of any premises whose meter sustains damage,
by reason of the carelessness of the owner, his agent or tenant, or
from neglect of any of them to properly secure and protect the same,
including any damage that may result from allowing said meter to become
frozen or to be injured by hot water or steam, shall bear the expense
of replacing the meter and will be billed directly therefor by the
Water Department.
D.
Access to meter. Whenever a meter is set in any building, the space
occupied by the meter and the meter box shall at all times be kept
free from rubbish or obstructions of any kind. Temperature must be
maintained above freezing temperatures at all times. The owner, his
agent or tenant shall provide ready and convenient access to the meter
so that it may be read and examined by agents of the district, when
deemed necessary by the district.
E.
Meters for construction purposes. Water meters for construction purposes
shall be set by the district at the expense of the contractor (or
person making such application therefor). In case it is impractical
to place meters for such building purposes, water may be supplied
to the contractor or owner at a flat rate. The district will furnish
a "meter yoke" installation by the owner's plumber, and the Water
Department will install the meter.
All water consumed shall be recorded by meter and paid for at
rates to be fixed by the Town Board from time to time. A list of the
fees chargeable for turning connections on and off, selling meters
and taking meters in and out will be kept on file in the Town Clerk's
office.
Bills for metered water shall be payable for such billing periods
as are set by resolution of the Town Board. If a water bill is not
paid within 30 days, it shall be cause to turn off the water service
without notice. In case the district of Water Department is unable
to read a meter, for any reason, the customer will receive an estimated
bill.
No abatement of the charges for water rents will be allowed
on account of the vacancy of the premises supplied with water, unless
the water supply is turned off by the district and the meter removed.
For such suspension of service, there shall be no charge, but there
will be a charge to reinstall the meter when the vacancy is ended
and water service is reestablished.
All charges for water, service pipe installation, repairs, damages
caused by carelessness or neglect, penalties, etc., shall be made
against the premises supplied, and the owner of the premises shall
be held responsible therefor. Such charges, if not paid, shall be
a lien on the property benefited. All such unpaid charges shall be
added to the next general tax against property.
A.
The district shall control all street or road fire hydrants or hydrants
for private fire protection from unrestricted service lines. No person,
except an authorized agent or employee of the Water Department or
district, shall operate, use or disturb any hydrant, or any part thereof,
or take any water therefrom, under any circumstances whatever, except
fire companies for use in the control, prevention or extinguishment
of fires.
B.
If any person damages a street or road hydrant, he shall pay such
damages and all costs and expenses that may be incurred by reason
thereof, on demand, to the district, including loss of water. If an
agent acting pursuant to a duly issued permit so damages a street
or road hydrant, the person holding the permit shall be responsible
hereunder.
C.
No person shall use any fire hydrant for construction or other purposes
without first having obtained a permit for such use from the district
or Water Department and having made any advance payment demanded by
said district. The hydrant shall be operated only by a proper hydrant
wrench, which shall be obtained from the district or Water Department.
Water may not be allowed to run except when being used. All persons
using hydrants shall comply with any instructions or orders issued
by the district or Water Department to regulate the use of these hydrants.
If so required a meter shall be applied to the connection made with
the hydrant at the expense of the party desiring to connect, and he
shall pay for all water by meter measurement at the stipulated rates.
No persons, except as duly authorized representatives of the
district, shall open, close or in any way interfere with any valve
or gate in any water main or pipe. Any person who has disturbed or
displaced a valve box or who has covered a valve box with dirt, paving,
plank or other material shall immediately replace the valve box or
remove the obstruction.
Service pipe shall be laid not less than four feet, six inches
below the surface of the earth at any point in the inside of the foundation
wall of the building into which the water service is introduced. Where
particular conditions do not allow conformance with this requirement,
the Water Department may allow alternative arrangements that provide
equivalent protection to the service pipe.
No consumer within the district shall sell water to anyone for
any purpose whatsoever.
No connection shall be made between the facilities of said the
district and any other water system, whether public or private, without
the consent in writing of the district.
Any owner may have his water turned off and their meter removed
and then the water turned on and the meter reinstalled by an authorized
agent of the district after paying the required fees. A seasonal customer
is one who has his water turned on and off for one or more quarters
in any one year.
Failure of a seasonal customer or any other owner to give written
notice to the Town Clerk to have his service discontinued will make
the owner of property liable for all water charges against said premise.
A notice to discontinue service must be personally delivered to the
office of the Town Clerk.
Violation of this article shall be deemed an offense, and upon conviction such violator shall be subject to the penalties provided in Chapter 1, General Provisions, Article II, and such other reasonable penalty, such as a shut-off of the water, pending compliance, that the trial judge may impose. Failure to prosecute any apparent violation shall not be deemed to be a waiver or license for continuance thereof.
