Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-2008 by L.L. No. 1-2008]

§ 287-1 Permits.

A. 
Permits will be issued subject to there being an existing main in the street or right-of-way abutting on the premises to be serviced, but acceptance shall in no way obligate the Village to extend its mains to service the premises.
B. 
A permit must be made for each premises. The term "premises" as used herein shall be defined as follows:
(1) 
A building under one roof owned by one customer and occupied as one residence, or one place of business. A combination of buildings owned by one customer, in one common enclosure, occupied by one family, or one corporation, or firm, as a residence, or place of business.
(2) 
Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family or one firm as a residence or place of business.
(3) 
A building owed by one customer having a number of apartments, offices, or lofts which are rented to tenants and using in common one hall and one or more means of entrance.
(4) 
A building one or more stories high under one roof, owned by one customer having an individual entrance for the ground floor occupants and one for the occupants of the upper floors.
(5) 
Garden apartments owned by one individual or firm and located in one common enclosure.

§ 287-2 Service connections.

A. 
Service connections from the Village main to the property line will be installed by the Village or its authorized representative at the expense of the applicant. Parts shall consist of a corporation stop inserted into the main, sufficient copper tubing to reach the applicant's property line and a curb stop and box at the applicant's expense.
B. 
In the case of the installation of new services: in addition to the costs stated in Subsection A above, the owner shall pay a tapping fee for which the Village taps the main. Fees for a 3/4 inch, one-inch, and two-inch connections, plus the estimated cost of parts, materials, equipment, and labor will be fixed annually by resolution of the Village Board of Water Commissioners. The applicant will pay the estimated fee at the time of making his application. Any additional costs incurred by the Village, due to unforeseen circumstances directly related to the installation (i.e., blasting, equipment rental, additional material, etc.) will be assessed against the applicant and payment rendered before water service is turned on.
C. 
In the case of replacement of existing services: if the homeowner requests that the line from the Village main to the property line be replaced, upgraded (such as replacing lead with copper, or upsizing the pipe), or its location moved, the same costs will be assessed against the homeowner as if it were a new service connection. If, however, the existing line is leaking, or in the opinion of the Superintendent needs to be replaced, the cost of the replacement is borne by the Village.
D. 
The cost of replacement of existing lines, from the curb stop to the meter, is the full responsibility of the building owner, however, the Village must be notified at least five days in advance of such replacement, and must be allowed to inspect the work before it is backfilled. Failure to make such notification, or to allow inspections, may result in service being shut off.
E. 
Tapping fees: in addition to materials, parts, and labor. New service or replacement.
3/4 and 1 inch
As set annually by the Village Board
1 1/2 inch
Actual cost of private contractor
2 inches
Actual cost of private contractor
Over 2 inches
Actual cost of private contractor plus tapping tee and valve
F. 
All curb boxes, once installed, shall be adjusted to changes in grade and shall be kept accessible and in repair by the owner.
G. 
Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by the customer for turning on or shutting off the water supply but is for the exclusive use of the Village.
H. 
The applicant shall, at his own expense, install the service pipe from the curb box shutoff to the premises and a valve to be located preferably just inside the building well, permitting control of the water supply by the customer. This property shall be maintained, at the expense of the customer, and when necessary, replaced. For this installation and maintenance thereof, the customer shall employ a competent plumber and all work shall be performed in a manner satisfactory to the Village. The minimum size, materials, depth of cover and method of construction shall be the same as specified for a service pipe installed by the Village. If any defects in workmanship or materials are found, or if the customer's service pipe has not been installed in accordance with such specification, or with the Village's requirements, water service either will not be turned on or will be discontinued if such defects are not remedied. Any new or upgraded service lines will include backflow prevention devices commensurate with the level of hazard that exists as defined in § 287-7.
I. 
All service pipes shall have a minimum cover of five feet. No service pipes shall be less in size than three-fouths-inch inside diameter. U.S. Government Specification Type K soft tempered copper tubing shall be used on three-fourths-inch and one-inch services. Type K copper tubing shall be used on one-and-one-half-inch and two-inch services. All services larger than two inches in diameter shall be ductile iron pipe of quality equal to American Water Works Association standard specifications and of weight suitable for service under a pressure of 150 pounds per square inch. All connections of service pipes to a main with a ground cover of less than five feet shall be made on the side of the main so that such service pipes shall in no case have less covering than the main. The Village reserves the right in all cases to stipulate the size and type of service connection to be used.
J. 
After October 15 of any year, the Village will make no installation of water mains or service connections until weather permits in the spring, except in case of an emergency.
K. 
The Village shall not be responsible if the service pipes from the water main to the premises freeze.

§ 287-3 Construction.

A. 
Approval required. All new development that requires public water facilities shall be subject, without exception, to final approval by the Village Board of Water Commissioners.
B. 
Construction expense. All engineering costs, excavation, traffic control, mains, hydrants, valves, and necessary appurtenances thereto, other than replacement of existing and accepted ones or other than on lands accepted for highway purposes prior to the adoption of the rules and regulations, shall be constructed and installed without expense to the Village and shall become the property of said Village by deed, easement, or bill of sale without expense to the Village before being placed in use. Further, all replacement or repair of mains, pipes, hydrants, valves, etc., outside the Village, which are supplied regularly with water by the Village, shall be under the supervision of the Village and made without expense to the Village.
C. 
Inspection and certification. All new facilities and service connections, which are supplied regularly with water by the Village, shall be inspected and certified by the Village to be free from leaks, defects of installation, etc., before they are accepted and placed in use. No main of a size smaller than six inches shall be installed. Five feet of earth coverage and a distance of not less than four feet from any open area or vault shall be required.
D. 
No backfilling shall be permitted until inspection has been completed and the work approved by the Village.
E. 
All excavations for installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
F. 
Acceptance. No deed or easement or dedication of land for highway purposes shall be accepted by the Village unless such deed also conveys completed facilities, including mains, valves and hydrants, or until the grantor tenders a performance bond, labor and material bond and payment bond to the Village.
G. 
Materials. Unless otherwise approved by the Village the following specifications shall be conformed to:
(1) 
Pipe. Class 52 Ductile iron pipe shall be push-on joint type with rubber gaskets, four brass connecting wedges to each joint, cement lined and tar coated to meet American National Standard Institute Specification A-21.52-1976.
(2) 
Fittings. Shall be cast iron Class 250 to meet American National Standards Institute Specification A21.11-1972 and American Water Works Association Specifications C 111-72.
(3) 
Hydrants. Shall conform to American Water Works Association specifications and shall meet the requirement of the Underwriter's Laboratories. Hydrants shall be six inches, having a mechanical joint connection, two two-and-one-half-inch hose connections and one pumper connection. Threads for nozzles shall be as required by the Fire District. Hydrants shall be dry-barrel type conforming to AWWA Standard C-502.

§ 287-4 Metered service.

A. 
Meters. The Village will furnish, install and maintain meters, meter couplings, and outside reading devices up to two inches. Meters over two inches shall be supplied by the customer. Customers that have a two-inch or larger meter must have a replacement meter or one on retainer and available for installation within two days. The customer shall install on his premises the necessary piping, fittings, valves and pipe couplings to receive the meter. There shall be isolation valves installed on each side of the meter, these valves to be in addition to the main house shutoff. The Village will maintain meters and reading devices as stated insofar as ordinary wear and tear is concerned, but in case of damage by freezing, hot water, or external damage, the customer will be held responsible for the cost of repairs. The customer will install suitable equipment, properly located and installed, to prevent backflow of hot water which may cause damage to the meter, or other damage to customer's plumbing. The customer is required to repair or replace any faulty valves or other fittings that isolate the meter. Failure to do so may result in service being turned off until repairs are made. The Village is not responsible for any damage to the customer's plumbing resulting from the testing, inspection, or repair of the meter. Meters shall be located a minimum of six inches from the wall, be mounted horizontally, no more than four feet from the floor and anchored or supported to prevent vibration or damage from external causes.
B. 
The customer shall provide a place acceptable to the Village for the location of the meter and any outside reading device. Meters shall be accessible for inspection and reading by the Village's authorized representative at any reasonable hour. The customer is responsible to see that there is a clear path at all times for reading or inspection of any outside reading equipment. In the event that a meter cannot be accessed, an estimated billing will be made for that quarter, based on previous usage.
C. 
The customer grants the right of access to property to remove and test any meter at any time and to substitute another meter in its place.
D. 
The Village will test its meters periodically. In case of a disputed account involving the accuracy of a meter, the Village will test the meter upon the request of the customer. A fee, payable in advance of the test, is required and said fee will be at the current wage rate for meters one-inch or smaller and at actual cost for meters larger than one-inch which have to be tested by a private concern. In the event that the meter is found to over-register in excess of 4% at any flow within the normal test flow limits, the fee will be returned to the customer, otherwise it will be retained. Adjustment in bills for over-registration of the meter will be made.
E. 
The reading of a duly installed meter showing the amount of water consumed shall be used for all metered billing purposes except were it appears that the meter has ceased to register or has registered inaccurately. In the case of an inaccurate reading of the outside reader, or if the outside reader has ceased to function, the reading of the actual meter shall be deemed correct. In cases where it is found that a meter has ceased to register or has registered inaccurately, and it cannot be determined by reasonable test the percentage of inaccuracy, an estimated bill for the billing period may be rendered the consumer. The estimated bill shall be based upon the amount of water consumed in the corresponding period in prior years, except where it appears that there has been a change in the occupancy of the premises or in the use of water, in which case an equitable adjustment shall be made.

§ 287-5 Payment for water service.

A. 
Meters are read and customers are billed quarterly on a schedule fixed by resolution of the Village Board and payment will be due within 30 days. If 30 days after receipt of a water bill any person, partner, firm, association, or corporation has not paid its water bill in full, the Village Clerk of the Village of Delhi shall give a written notice to said person, partner, firm, association, or corporation that its water supply shall be cut off on a specified date, which date shall be no earlier than 30 days from the date of the notice. The Village Clerk is hereby empowered to add a penalty to the amount of taxes due and in addition to other interest and penalties. Said penalty shall be set annually by resolution of the Board of Trustees and shall be used to defray the expense of having a Village employee turn off and on the water supply. The Village Clerk shall specify this amount in the notice set forth below.
(1) 
Any notice given herein shall be in writing and directed to the last known address of the person, partner, firm, association, or corporation using the Village water, shall state the amount of taxes due with interest and penalties, if any, and shall specify the date when the water supply shall be cut off.
(2) 
If payment is not received by the Village of Delhi by the date specified in the notice, the Village of Delhi, its agents or employees are hereby authorized to turn off the water and keep the same turned off until said water bill is paid in full. Upon receipt by the Village Clerk of full payment of the water bill, water service shall be restored as soon as it is reasonable to do so, however, water service will only be restored if the owner or responsible agent is present and access to the meter is granted.
(3) 
Any person, partner, firm association, or corporation, who receives a thirty-day notice of the cut off of water, as recited above, shall have the right to a hearing with the Village Clerk during said thirty-day period to determine the correctness of the delinquent water bill. If a hearing is not requested during said thirty-day period, it shall be deemed to have been waived.
(4) 
The remedy provided herein shall be in addition to any other rights, remedies and enforcement procedures authorized by the Village Law of the State of New York.
B. 
Failure to receive bills shall be no reason for not paying the added penalty charge.
C. 
Persons making complaint as to the correctness of meter bills and claiming to be overcharged can by application to the Village Clerk within 10 days after rendition of the bill, have the meter examined and the dial reread. The Water Department is authorized to correct any charge due to an incorrect reading of the dial but shall have no power to reduce meter bills for any other reason whatsoever. This determination is to be made by the Village Board of the Village of Delhi acting in its capacity as the Board of Water Commissioners.
D. 
Failure to make available access to meters for reading shall result in an estimated bill to be rendered based on past usage history.
E. 
Rates for metered and nonmetered connections will be established annually by resolution of the Village Board acting in its capacity as the Board of Water Commissioners.

§ 287-6 General rules.

A. 
The customer shall notify the Village within five business days prior to any change in ownership. The Village will cooperate in reading the meter for the purpose of property transfers; however, the seller or seller's agent must make access available to the meter.
B. 
Seasonal customers or those customers who take water for only part of the year will be charged the minimum charge for each quarter or part of each quarter during which water service is supplied. All water used will be charged at the regular metered rates. A deposit may be required from seasonal customers to insure payment. When a seasonal customer discontinues service, that customer must notify the Village that will then turn off the curb stop and remove the meter. When service is to be reestablished, the customer will notify the Village at least five business days in advance. The customer will make arrangements for someone to meet the Water Department at which time the water service will be reconnected, subject to inspection of the existing service pipe. The meter will then be set and a fee, fixed annually by resolution of the Village Board, will be levied.
C. 
Temporary discontinuance of water supply; liability of Water Department; prohibited use of water.
(1) 
As necessity may arise in the case of breaks in water mains, or other emergencies of a similar nature, including the necessity for making repairs, connections, extensions, and/or the installing and repairing of consumer services, the Water Department shall have the right and authority to temporarily shut off the water supply in order to perform the necessary work.
(2) 
The Water Department will use, if possible, all reasonable and practicable means to notify the consumers in advance of such discontinuation of water service. However, the Village shall not be liable for any inconvenience suffered by the consumer or for any damage which may result to the consumer's piping, fixtures, heating appurtenances, appliances, clothing, etc., resulting from the shutting off of the water supply for any purpose whatever, whether or not previous notice has been given.
(3) 
The Water Department will not be liable in any case for any claim against it at any time for the interruption of water service, lessening of the water supply, inadequate water pressure or any other cause that may be beyond its control.
(4) 
The Water Department will not be responsible for any accidents or damages that may result through supplying steam or hot water boilers directly from the service pipe, and depending upon the pressure from the distributing pipes of the Water Department to fill such boilers under working pressure; nor will they be responsible for any accidents or damages that may result in consequence of house boilers being unprotected by vacuum or other valves, or of the imperfect action of the same, nor for any lack of strength in the boilers or in their appurtenances to withstand the pressure in the distributing mains; neither will they be responsible for any damage occasioned by reason of the breaking of any cock, valve or of damages arising from shutting off the water for the repairs of mains, for new work or for any purpose whatever.
(5) 
The use of water, from the public water supply, for the production of power in any type of apparatus, or the use of the public water supply for cooling purposes is strictly forbidden.
D. 
Water service may be discontinued for any one of the following reasons:
(1) 
For use of water other than represented in application or through branch connections on the street side of the meter or place reserved therefore.
(2) 
For willful waste or use of water through improper and imperfect pipes, or by any other means.
(3) 
For molesting any service pipe, seal, meter or any other appliance owned by the Village.
(4) 
For cross-connecting pipes carrying water supplied by the Village with any other source of supply or with any apparatus which may endanger the quality of the water supply.
(5) 
For refusal of reasonable access to the property for the purposes of inspecting fixtures or piping or for reading, repairing, testing or removing meters.
(6) 
For submetering or reselling water.
(7) 
Failure to pay water bill.
E. 
No person shall open or interfere or draw water from any public fire hydrant without permission from the Water Department and/or the Chief of the District Fire Department, or their authorized assistants. In case of testing private fire connections, the Public Works Superintendent shall be notified. The Public Works Superintendent will not issue any permits for the use of hydrants unless there is no other possible way to get water without unreasonable hardship. No permits will be issued in winter. If the Superintendent issues a temporary permit, the person or persons making application will pay a fee fixed annually by resolution of the Village Board. Additional charges will be made for water used in accordance with the schedule of water rates.
F. 
Seasonal limitations of use. There may be times when, in the opinion of the Village, it may be necessary to restrict the use of water for irrigation, sprinkling, washing of cars or houses, etc., to certain definite periods or to prohibit it entirely. In this event, all customers will be notified by public notice. Homeowners not complying with an order to conserve water may have their service disconnected, or be subject to other penalties or enforcement actions.

§ 287-7 Cross-connections prohibited.

A. 
The purpose of this section is to safeguard the Village of Delhi's potable water supply by preventing backflow of nonpotable material into the public water system through service connections. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
APPROVED PROTECTION DEVICE
A backflow prevention device that has been approved by the New York State Health Department, including double check valve assemblies, reduced pressure principle backflow prevention devices and air gaps.
APPROVED WATER SYSTEM
A source of water and system approved by the State Health Department.
AUXILIARY WATER SOURCE
Any water source on, or available to, the premises other than the public water system.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who has been certified as a tester in conformance with State Health Department regulations.
CROSS-CONNECTION
Any connections between any part of the public water system and any source or system containing water or substance that is not approved as equally safe, wholesome, and potable for human consumption.
PUBLIC WATER SYSTEM
The water mains and pipes owned and operated by the Village of Delhi Water Department.
WATER SUPERINTENDENT
The Superintendent of Water designated by the public water system, or his/her designated representative.
C. 
Where protection is required.
(1) 
An appropriate approved protection device shall be installed at the customer's expense for cross-connections at the following types of facilities:
(a) 
Premises having an auxiliary water source, unless that source is an approved water supply.
(b) 
Premises with existing plumbing connections or with potential plumbing connections to nonpotable water, liquids other than water, or any other hazardous or objectionable substances.
(c) 
Premises with fire protection systems, including sprinklers, fire pumps, auxiliary water sources, or fire-fighting water storage tanks.
(2) 
The approved protection device shall be installed on the service entrance near the meter unless the Water Superintendent determines that another location is more appropriate, except for situations described in Subsection F.
D. 
Type of protection. The type of approved protection device that is to be required for a particular connection shall be appropriate for the degree of hazard for the cross-connection, and shall be determined by the Water Superintendent.
E. 
Maintenance and inspection of approved protective devices.
(1) 
Any water customer who is required to have an approved protection device shall be responsible to maintain such device in working order.
(2) 
The water customer shall have any approved protection device, except an air gap, inspected at least annually by a certified backflow prevention device tester. Results of such testing shall be provided to the Water Superintendent within 72 hours of the test.
F. 
Protection within premises. Where the potential cross-connection is limited to a single fixture in one building on the premises, the Water Superintendent may, after consultation with the local Code Enforcement Officer, allow the approved protection device to be installed on the piping to that particular fixture rather than the service entrance pipe.
G. 
Technical guidance. In determining where an approved protection device shall be required, and the appropriate type of device, the Water Superintendent shall use the most current guidance material provided by the New York State Health Department.
H. 
Approval and installation. A water customer required to install an approved protection device shall submit plans and specifications for such installation to the Water Superintendent who must approve the plans prior to installation. The Water Superintendent may refer the plans to the State Health Department for review and approval.
I. 
Recourse for noncompliance. Service of water to any premises may be discontinued by the Public Water System if an approved protection device required by this regulation is not installed, tested, and maintained as required; service will not be restored until such conditions or defects are corrected.