The following rules and regulations shall be a part of the contract
of every owner of property or other consumer furnished water service by the
Wheatfield Water District, and all persons now or hereafter receiving, accepting
and paying for said water shall be considered as having agreed to be bound
by the various rules and regulations of this chapter.
For application in all parts of this chapter, the following terms shall
have the following meanings:
Any structure or enclosure to which water is supplied, whether attached
to realty or not.
The person or party using the water provided to the owner's premises.
The person or party having title to the premises to be served or
that person or party's authorized agent.
Includes all places to which water is supplied, whether the same
is occupied or vacant.
The person designated or appointed by the Town Board of the Town
to have managerial charge of said Water Division.
The Town of Wheatfield or the Wheatfield Water District of the Town
of Wheatfield.
The Wheatfield Water District of the Town of Wheatfield.
The division of the Wheatfield Water District having charge of the
furnishing of water either within or without said district.
A.
Applications for permits for water supply or for replacement
or altering of existing water installations shall be made to the Town by the
owner or consumer of the premises supplied upon forms to be provided by the
Town. The fee shall be as set forth from time to time by resolution of the
Town Board. A fee schedule is on file at the office of the Town Clerk.[1]
B.
No permit shall be granted for the installations, replacement
or modification of water supply until the fees for tapping mains, connections
for service, advance rentals or deposits and all authorized charges have been
paid in full.
Free and full access to all parts of any premises supplied with water
by the Town for which an application has been made to the Water Division or
to which Town water is believed to be supplied shall be granted at all reasonable
times to the duly authorized representative of the Water Division for the
purposes of inspection, installation, maintenance and repair.
The installation and maintenance of all privately maintained water service
lines shall be in conformity with the following regulations:
A.
No private service line from a Town water main shall
be approved until the same has been inspected and approved by the Water Division.
A fee as set forth from time to time by resolution of the Town Board shall
be paid to the Superintendent of the Water Division upon filing each application
for such inspection.[1]
B.
No opening shall be made in any Town street except in
full compliance with the Town ordinances and upon payment of fees and posting
of bonds specified by the Town Water Division or Highway Superintendent.
[Amended 5-1-2000 by L.L. No. 4-2000]
C.
All connections or taps of water mains shall be made
by the Water Division, accompanied by a tap receipt obtained two weeks in
advance of making such connections or taps.
[Amended 5-1-2000 by L.L. No. 4-2000]
D.
Private service lines.
(1)
All private service lines shall be installed, maintained,
altered or replaced with copper K soft tubing which shall conform to specifications
of A.S.A. No. H23.1-1947 and A.S.T.M. Designation B88-51 for the following
widths and thickness:
|
Width
(inches)
|
Thickness
(inches)
| |
|---|---|---|
|
3/4
|
0.065
| |
|
1
|
0.065
| |
|
1 1/4
|
0.065
| |
|
1 1/2
|
0.075
| |
|
2
|
0.083
|
(2)
The service line shall be laid not less than four feet
below the established grade of the adjacent street or existing ground level,
but where it is impractical to meet the Town District requirement by reason
of existing conditions, the Water Division may, upon application therefor,
grant a permit for some other suitable method of installation.
E.
All service lines shall be laid in a separate trench
at least three feet distant horizontally from any other underground facility
and in solid ground. The placing of water service lines in the same trenches
that are occupied by sewer pipe will be permitted when the water pipe is shelved
and laid a minimum of three feet horizontally by special authorization of
the Water Department and only for extraordinary cases, such as where solid
rock is encountered and where gas pipe or other utility connections will be
considered.
[Amended 5-1-2000 by L.L. No. 4-2000]
F.
The Water Division shall designate the point at which
a water main is to be tapped and also the position of the service pipe connection
at the tap. Excavations for all taps shall be at least four feet square and
not less than six inches below the main.
[Amended 5-1-2000 by L.L. No. 4-2000]
G.
No new tap shall be made to a water main to connect with
a service line which is intended to replace an existing service line unless
the existing service line is properly disconnected at its tap to the water
main. The expense of such disconnection shall be borne by the applicant.
H.
Whenever a service line is abandoned, that line must
be shut off at the tap and disconnected. The expense of the same shall be
borne by the owner.
I.
All outside service lines, building service pipes, outlets
and fixtures shall be maintained in good order and repair, protected from
frost, leaks and breaks and must be promptly repaired if not in good order
to prevent waste of water. If the owner fails to observe these rules, the
Water Division may shut off the water supply and assess the cost thereof against
the real property affected. The cost shall be collected as part of the water
rent.
The charges for excavation and the tapping of water mains, exclusive
of meter installation and costs, shall be as set forth from time to time by
resolution of the Town Board.
A.
Water meters installed and used in the system shall be
purchased by the Town and installed either by or under the direction of the
Superintendent of the Water Division. Payment for the use of said meters shall
be made at the time of application for service by the owner, and said charges
shall be as set forth from time to time by resolution of the Town Board.[1]
B.
Upon request, the balance of a meter usage charge may
be refunded. The amount shall be a usage charge of 10% per year of the actual
charge paid calculated to the nearest fiscal year. An owner who can verify
the usage charge payment must apply for the balance refund no more than 10
days after the property where the meter was used changes ownership.
C.
Title to the meter shall remain in the Town, and the
Town may, at its pleasure, replace worn, obsolete, inefficient and defective
meters.
A.
The Water Division will furnish, install and maintain
meters and meter couplings. Meters shall be set as nearly as possible to the
point of entry of the service connection pipe to the building and shall be
kept unobstructed and easily accessible to Water Division employees at all
times. In circumstances where the customary location of a meter is in excess
of 50 feet distance from the front property line of the premises, the Town
may require the meter to be set in a pit or box provided by and at the expense
of the consumer and located near the front property line of the premises.
B.
At the consumer's expense, permanent meter installations
requiring a three-inch or larger size meter shall be provided with a valved
bypass around the meter and a valved spur pipe on the building side of the
meter for test purposes. The design of such special meter installations shall
be submitted to the Water Division for approval before construction by the
consumer is undertaken. The Water Division will test meters at regular intervals
to determine their accuracy and will replace, at its expense, defective parts
in improperly operating meters, except where meters are damaged by frost,
hot water or from external causes. The meter shall, after installation, be
sealed by the Water Division, which shall thereafter have complete control
thereof. No sealed meter may be removed without a written permit from the
Water Division.
C.
No tampering with meter. No person other than an employee
of the Water Division shall interfere with or remove any water meter, sealing
device or coupling from any meter installation after it has once been placed
in service by the Water Division.
D.
Meter size. The Water Division shall determine the proper
size meter to be installed and shall have the right to change the meter at
any time it is necessary in order to incur its proper operation.
E.
Damage to meters. Any meter damaged by frost or by hot
water or steam backing into the meter or by any external cause shall be repaired
by the Water Division at the expense of the property owner, and the water
service may be disconnected until such corrective action is taken to prevent
a recurrence of the incident which caused the damage. The charge for such
repairs shall be based on the cost of removing, repairing, testing and replacing
said meter, plus 15% for Department overhead, transportation and use of tools.
The minimum charges shall be as set forth from time to time by resolution
of the Town Board.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
F.
Testing meters. Consumers, upon request, may have the
meters serving their premises tested by the Water Division in their presence
or that of a duly authorized representative. If the meter so tested shall
be found to register not more than 103% of the amount of water actually passing
through it, a charge, in an amount as set forth from time to time by resolution
of the Town Board, shall be paid by the consumer for testing a meter one inch
or less in size. For meters larger than one inch in size, the actual expense,
including overhead, incurred by the Water Division in removing, testing and
replacing the meter shall be paid by the consumer.
[Amended 5-1-2000 by L.L. No. 4-2000[2]]
G.
Meter reading. Employees of the Water Division in the
performance of their duties shall be permitted to enter the premises of any
consumer at any reasonable hour to remove, replace, repair or test the meter,
to make a record of the quantity of water used, to inspect the premises to
determine the manner of water use or to enforce the provisions of this article.
If the Water Division is unable to read a meter after two successive attempts,
the charge will be estimated on the basis of prior use in comparable periods
and the difference adjusted when the meter is read again. If the meter is
damaged or fails to operate, the bill will be based on the average use during
prior comparable periods unless there is evidence that the use is not normal
and the average use for comparable periods is not properly applicable, in
which case the charge will be estimated by some other method which the Water
Division considers equitable.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
If a consumer desires to discontinue the use of water for a temporary
period, the Water Division shall be given at least 24 hours' notice, in writing,
to turn off the water and a similar notice to turn it on again. If the temporary
discontinuance is during the winter months, the Water Division, upon such
notice and request, will shut off the service at the curb cock, remove and
place the water meter in its storeroom and will reinstall the meter upon proper
notice when required. A charge, in an amount as set forth from time to time
by resolution of the Town Board, will be made to cover the expense incurred
in rendering this service and shall be paid at the time of application.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
If a consumer desires to discontinue the use of water due to permanent
vacancy, the Water Division shall be given at least 24 hours' notice, in writing,
accompanied by a fee as shall be set forth from time to time by resolution
of the Town Board. The Water Division will shut off the service and will read,
remove and place the meter in the Water Division storeroom. A special bill
for any fractional period will be supplied to the consumer and must be fully
paid upon 48 hours of receipt.
A.
A service connection for private fire-protection purposes
may be secured from the Town upon application by the owner of the property
involved. A drawing showing the proposed location of all valves, pipes, hydrants,
sprinkler heads and other appurtenances to be installed shall be submitted
with the application. The Water Superintendent will determine the necessity
and advisability of installing any fire service connection considering the
size of the street main available, the existence of available fire hydrants
and the possible effect upon the main pipe system if such a service line were
broken and open during a conflagration. Also, the Water Superintendent will
determine the proper size of each fire connection which in no case shall be
larger than six inches in diameter. The cost of installation of such a service,
including an approved type of check valve with meter on a bypass located in
a pit or vault, if required, shall be borne entirely by the applicant. An
annual ready-to-serve charge based on the size of the service connection and
payable in advance shall be made as set forth from time to time by resolution
of the Town Board.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
B.
Except as provided differently in this section, a fire
service connection will be subject to the same rules and regulations as apply
to regular service connections. No connection shall be made at any time between
the fire-protection system and the regular water supply on the premises or
any other supply regardless of source unless specifically approved by the
Water Superintendent, because a fire service connection is exclusively for
fire-protection purposes. The use of water from this service for any other
purpose whatsoever is prohibited. Any violation of these provisions shall
be sufficient cause for discontinuing such service until reasonable assurance
is given that the offense will not be repeated.
C.
Service connections to supply lawn sprinkler pipe systems
will be permitted only where the use of water for that purpose will not adversely
affect regular service to neighboring consumers at periods of peak demand.
The size and arrangement of pumps, if any, valves, check valves and other
appurtenances shall meet the requirements of the Water Division.
[Amended 5-1-2000 by L.L. No. 4-2000]
All water mains shall be held in position at the expense of the owner,
consumer or contractor. This shall be the rule where either hand excavation
or excavating machines are used by the contractors or others in digging trenches
for sewers, drains, gas mains and conduits or in connection with any other
underground excavation work. Contractors or others working in the public streets
must ascertain for themselves the exact location of all water service connection
pipes. Where such pipes are removed, cut or damaged in the construction or
repair of a sewer, drain, gas main or conduit or in connection with any other
underground excavation work, such persons or contractor must at their own
expense cause the pipes to be replaced or repaired promptly. Further, they
must at once notify the Water Division of the interruption of service and
reimburse the Department for any expense to it in providing temporary service
and in restoring regular service.
A.
The Water Division will operate, maintain and, where
necessary, replace all existing mains and appurtenances, fire hydrants and
other facilities within the territory of any street or any easement that is
under the jurisdiction of the Town, except that repair of damage to hydrants
resulting from collision or any other external cause shall be paid for by
the person or business causing such damage. New mains and appurtenances will
be furnished and installed by or under the supervision of the Water Division
at the expense of the owner or developer of the premises to be served.
[Amended 5-1-2000 by L.L. No. 4-2000]
B.
No unauthorized person shall open or close any valve,
hydrant or curb cock or interfere or meddle with any hydrant, valve pipe or
main, curb cock, meter or other fixtures or appurtenances connected with the
water system of the Town. The Water Division shall control all mains, taps,
gate valves, street service connections, curb stop cocks, curb and gate valve
boxes and meters and may, whenever such facilities are operated or interfered
with in any way in violation of these rules and regulations, discontinue the
water service to the premises involved, which action shall be in addition
to the penalties provided for by this chapter. No person shall, except with
a permit from the Water Division, allow contractors, masons or other unauthorized
persons to take water from his or her premises or operate any valve connected
with the distribution systems.
A.
Fire hydrants are, except under special circumstances
and with permission of the Water Division, for the sole use of the various
fire companies of the Town or for the mutual aid of fire companies furnishing
fire-protection service. Tampering with any fire hydrants or the unauthorized
use of water therefrom is a violation of this chapter. In cases where no other
supply is available, permission may be granted by the Water Division for temporary
use of a hydrant. Permits for the use of hydrants for filling sprinklers,
sweepers and other equipment apply only to such hydrants designated for such
use. Such permits shall be granted for such times, under such conditions and
for such fee as the Water Division shall prescribe, consistent with the paramount
purpose of hydrants as instruments of public fire protection.
B.
A property owner or other party desiring a change in
a location of a fire hydrant shall bear all costs for same. Any change in
location of a fire hydrant must be approved and the work done by the Water
Division. A minimum charge as set forth from time to time by resolution of
the Town Board will be assessed.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
A.
The Town District makes no guaranty as to the amount
or consistency of pressure or volume of the water it furnishes. It will not
under any circumstances be responsible for any loss or damage from water escaping
from or obstructions in a service line due to frost or any other cause or
for any loss or damage as a result of water escaping from laterals, fixtures,
appliances or pipes owned by consumers. The Water Division shall have the
right to shut off the water in mains temporarily to make repairs, alterations
or additions to a plant or system. The Town District will not be responsible
for damages resulting directly or indirectly from any interruption of the
water supply.
B.
When it becomes necessary to shut off water from any
section of the water system, the Water Division will endeavor to give notice
to as many of the consumers affected thereby as time will permit and will,
so far as practicable, use its best efforts to prevent inconvenience and damage.
Failure to give such notice shall not make the Town liable for damages that
may result either directly or indirectly from the shutting off of water.
Where boilers or other appliances in premises depend upon the pressure
in the service line to keep them supplied with water, the owner or occupant
shall place suitable safety devices to guard against the possibility of collapse
or explosion when the water supply is interrupted. Such owner or occupant
shall protect water-cooled compressors for refrigeration systems by means
of high-pressure safety cutout devices and shall provide means for the prevention
of the transmission of water, hammer or noise or operation of any valve or
appliance through the owner's piping to any adjacent premises. Failure of
the owner or occupant to provide such safety devices shall not make the Town
responsible for any resulting damage therefrom.
The Town and Town District shall have the right to curtail the amount
of water supplied in the event that supply becomes limited. The Water Division,
in case of a shortage of water, may limit or prohibit the use of water for
sprinkling of lawns or gardens or for any purpose not deemed necessary for
the maintenance of public health. Where water is wastefully or negligently
used on a consumer's premises which seriously affects the general service,
the Water Division may discontinue the service to such premises if conditions
are not corrected within 24 hours after giving the consumer written notice,
or if any emergency exists, it may discontinue service at once, without notice.
The schedule of charges and rates for water service shall be as adopted
annually or at any other time as determined by resolution of the Town Board
of the Town of Wheatfield, except that, if no action is taken by the Town
Board, the most recently adopted schedules shall continue in effect.
Water supplied shall be charged for on the basis of the amount registered
on the meter or meters installed on the consumer's premises with a minimum
charge as established by the Town Board. Where two or more meters supply the
same premises, the owner or consumer, in addition to the fixed charges for
all meters, shall be billed at the schedule of rates for a quantity of water
equal to the sum of the readings of all meters on the premises.
[1]
Editor's Note: A fee schedule is on file at the office of the Town
Clerk.
A charge shall be made for construction purposes during the erection
of any dwelling or business establishments, which charge shall be fixed by
the Town Board when it adopts the schedule of charges and rates herein provided
for. For all other types of construction, water use shall be metered.
The Water Superintendent, with the approval of the Town Board, shall
determine the charges and rates in special cases to cover unusual conditions
or types of service not contemplated in these rules and regulations or in
the rates and charges set by the Town Board for regular service. No consumer
will be allowed to supply water to other persons or premises, and no owner
or occupant shall use water from another premises unless specific permission
has been obtained in each case from the Water Division. The Water Division
has the right to require, during a temporary period of emergency, that a consumer
allow it to connect an adjacent premises to such consumer's piping, but in
such case allowance will be made for any excess water registered on the meter
for that premises.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
A.
Checks for the payment of water bills and water charges
shall be made payable to the Town of Wheatfield Water District. Meters will
be read and bills rendered at regular quarterly intervals or as determined
by the Town Board of the Town of Wheatfield. Bills for the previous quarter
shall be due and payable at the place designated by the Town Board. Bills
remaining unpaid after due date shall be subject to a penalty of 10%.
B.
If a bill remains unpaid at the end of three months after it becomes due, the water will be shut off until such bill, together with an additional charge as shall be set forth from time to time by resolution of the Town Board, is paid. Subsequent to the three months after the bill was due and payable, the bill will be handled as a lien against the property for delinquent water rents and charges as set forth in § 194-24.
The Water Division, upon the written request of a property owner, will
mail the water bills to the tenant or lessee using the water. The owner shall
remain responsible for all charges provided for in this article, together
with any penalties and charges.
[Amended 5-1-2000 by L.L. No. 4-2000[1]]
All water rents, penalties and interest thereon and all charges for
tapping, connecting and disconnecting and any other charges provided for by
this chapter shall be a lien on the real property upon which the water is
used, and such lien shall be prior and superior to every other lien or claim
except the lien of an existing tax. Thereupon, the Supervisor or Assessor
may include such amount in the annual tax levy with a description of the real
property affected thereby and transmit such statements to the County Legislature,
which shall levy the same upon the real property in default. A fee as set
forth from time to time by resolution of the Town Board shall be added to
the total amount due for additional services rendered by the Town District
for a lien penalty.
