[HISTORY: Adopted by the Town Board of the
Town of Wawarsing as indicated in part histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 108,
Water, which consisted of Art. I, Kerhonkson Water District, adopted 5-20-1970, as amended;
and Art. II, Napanoch Water District, adopted 6-4-1998 by L.L. No. 5-1998; amended in its entirety 11-19-2002 by L.L. No. 2-2002, as subsequently amended.
This chapter shall be known and may be cited as the "Town Water
District Ordinance" of the Town of Wawarsing.
A.
The ensuing rules and regulations and specifications are enacted
to provide uniformity among the Town's water districts (Napanoch,
Kerhonkson, and Wawarsing) as adopted by the Town Board of the Town
of Wawarsing, Ulster County, New York as an ordinance.
B.
The Town Board of the Town of Wawarsing does hereby adopt, as an ordinance,
the following rules and regulations to govern and control such water
districts as shall be under its jurisdiction and does hereby repeal
and revoke any previous ordinances, rules and regulations, resolutions,
and customs insofar as they conflict with these rules and regulations.
This chapter shall also establish guidelines for procedures in the
utilization, construction and installation of all public water supply
facilities and appurtenances, including distribution mains and water
service lines, built within the bounds of a Town district or extension
thereof. Nothing herein shall be construed, however, as ruling that
any piping or other facilities in active use on the date of adoption
of these rules and regulations are unsatisfactory.
A.
The words used in this chapter shall have the meanings commonly attributed
to them unless otherwise specifically defined herein and unless they
are of a technical nature and shall then be given their technical
meaning.
B.
Word usage and definitions.
(1)
Word usage. Words used in the present tense include the future; the
singular number includes the plural; and the masculine shall include
the feminine. "Shall" is mandatory; "may" is permissive. Unless otherwise
expressly stated, the following terms shall, for the purposes of this
chapter, have the meanings herein indicated:
(2)
APPLICANT
CAPITAL CHARGE
CROSS-CONNECTIONS
CURB STOP
KERHONKSON WATER DISTRICT
MAIN
METER
NAPANOCH WATER DISTRICT
OPERATION AND MAINTENANCE FEE
OUTSIDE USER
PROPERTY OWNER
RECOMMENDED STANDARD FOR WATERWORKS
SCHEDULE OF FEES
SERVICE CONNECTION
SERVICE LINE, aka SERVICE PIPE, aka SERVICE CONNECTION
SUPERINTENDANT
TOWN
TOWN BOARD
TOWN WATER DISTRICT
WAWARSING WATER DISTRICT
Definitions.
Any person, persons, corporation or other entity seeking
to engage with a Town water district for water service.
The annual charge levied on all parcels within a Town water
district reflecting proportional amortized repayment for capital expenditures
by the affected water district for capital expenditures, if any.
Any physical connection or arrangement between two otherwise
separate water supply piping systems, one which contains water district
water, and the other water of unknown or questionable safety, whereby
water may flow from one system to the other, the direction of the
flow depending on the pressure differential between the two systems.
The point of connection between the main and the service
line generally located at the property line or at the roadside.
The municipally owned water district acquired in 1960 and
any subsequent modifications or extensions thereto as duly approved
by the Town Board.
The distribution line by which water is distributed to hydrants
and service lines.
The approved device used for the purpose of measuring the
quantity of water delivered by the Town water district to the property
owner.
The municipally formed water district as defined in the map,
plan and report dated May 23, 1996, and any subsequent modifications
or extensions thereto as duly approved by the Town Board.
The quarterly charged levied on actual users or potential
users for water as per the Schedule of Fees.
Any person, persons, corporation or other entity seeking
to obtain water service, by contract, for a structure not within the
bounds of a water district.
Any person, persons, corporation or other entity who maintains
legal possession of property within a Town water district.
Compliance with 10 NYCRR Part 5, Drinking Water Supplies,
as from time to time amended.
The listing of monetary fees to be charged to property owners
within a Town water district, or outside users, for water consumed
and for services or materials rendered or supplied by a Town water
district as approved by the Town Board of the Town of Wawarsing, by
resolution from time to time.
The point of connection of the property owner's service line
from the residence or structure to the curb stop at the roadside.
The connection between the Town water district's mains and
the curb stop at the property line and shall include all pipe, fittings,
and valves necessary to make the connection.
The employee of the Town, or his designee, appointed or delineated
by the Town to oversee Town water district water quality, operation,
regulatory compliance and maintenance.
Town of Wawarsing, Ulster County, New York.
Elected members of the Town Board of the Town of Wawarsing,
Ulster County, New York, being the Supervisor and Councilmen.
The Kerhonkson Water District, Napanoch Water District, and/or
Wawarsing Water District, individually or collectively as applicable.
The municipally formed water district as defined in the map,
plan and report dated February 15, 2019, and any subsequent modifications
or extensions thereto as duly approved by the Town Board.
The property owner of all houses, buildings or properties used
for human occupancy, employment recreation or other purposes, situated
within the district and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a main
of the district is hereby required, at his expense, to install suitable
plumbing facilities therein, and to connect such facilities directly
to the public water system, in accordance with the provisions of herein,
within 90 days after the date of official notice to do so. Any property
owner seeking a variance/exception from mandatory hookup must do so
by petition, in writing, to the Town Board. Such variance/exception
may only be considered by the Town Board for those properties that
have a unique characteristic such as distance (setback) from the closest
district main or the depth, amount and type of subsurface bedrock
between the property in question and the closest district main. Additionally,
no petition for relief from mandatory hookup shall be granted unless
the property owner demonstrates that he has an acceptable alternate
source of water and agrees, in writing, to pay both capital charges
and the minimum use billing charge as established by the Schedule
of Fees.
A.
All applications for the use of the Town water district must be made,
in writing, at the office of the Town Clerk, Town Hall, Ellenville,
New York, or at such other place as designated. No water shall be
taken from the mains through any service pipe, fixture or apparatus
of any kind whatsoever unless written application for such water service,
signed by the owner of the property to be supplied, shall first have
been made to and accepted by the Superintendant. Applications will
be accepted subject to there being an existing main in the street
or right-of-way abutting on the premises to be served, but acceptance
shall in no way obligate the Town water district to extend its mains
to serve the premises. The application shall list all materials to
be used and shall be subject to approval by Superintendant.
B.
Upon acceptance by the Superintendant, the application shall constitute
a contract between the Town water district and the applicant, obligating
the applicant to pay the Town water district its established rate
and to comply with this chapter and all amendments thereto. There
shall be only one curb stop per premises unless permission for more
than one curb stop is granted due to unusual circumstances by the
Town Board, in which case all expenses for the additional curb stop(s),
service line(s), and meter(s) shall be borne by the property owner.
A separate application must be made for each premises. The word
"premises" as used herein, shall be defined as follows:
A.
A building under one roof owned or leased by one customer and occupied
as one residence or one place of business.
B.
A combination of buildings owned or leased by one customer, in one
common enclosure, occupied by one family or one entity or firm as
a residence or place of business.
C.
Each unit of a multiple house or building separated by a solid vertical
partition wall, occupied by one family or one entity or one firm as
a residence or place of business.
D.
A building owned or leased by one customer, having a number of apartments,
offices or lofts which are rented to tenants and using in common hall
and one or more means of entrance.
E.
A building one or more stories high under one roof, owned or leased
by one customer, having an individual entrance for the ground-floor
occupants and one for the occupants of the upper floors.
F.
Garden apartments owned individually or by a corporation and located
in one common enclosure.
G.
A manufactured home other than one located in a manufactured home
park.
H.
Manufactured home parks.
I.
Campgrounds.
J.
Commercial structures or establishments.
No person other than an employee of the Town water district
or a firm hired by the property owner under the supervision of the
Superintendant shall have the right to tap any of the mains located
in a Town water district.
The property owner shall, at his own expense, install, maintain
and replace, when necessary, the service line from the curb stop to
the premises and a valve to be located preferably just inside the
residence or structure foundation wall so as to permit control of
the water supply by the property owner. In structures that require
a meter pit, property owner shall be responsible for construction
and maintenance.
A.
All work accomplished pursuant hereto shall be subject to and required
to be inspected and approved by authorized personnel of the Town water
district.
B.
If the property owner shall fail to properly maintain and repair the service line from the curb stop to the premises, the Town water district shall be authorized but not required to make the necessary repair and charge the cost of the same to the property owner. Collection of any unpaid costs incurred by the Town water district shall be subject to a lien against the property and discontinuance of service to the property as provided for in § 108-26 of this chapter.
A.
Certificate of insurance. The contractor hired by the property owner
must file with the Town Clerk a certificate of insurance before any
work shall be started.
B.
Street opening bond. The contractor, if required by the Superintendent,
must file with the Town Clerk a street opening bond for an amount
determined by Superintendant before any work shall be started.
C.
Permits. For any service that borders a street within the Town, be
it Town, county, or New York State route, the contractor must secure
the necessary permits from the proper agency.
The contractor hired by the property owner shall provide and
maintain all necessary barricades, lights, and warning signs and take
all necessary precautions for the protection and safety of the public.
The contractor shall also perform all work in strict accordance with
the latest Town, county, state, and federal worker safety requirements.
No person, other than a duly authorized employee of the Town
water district or other person who has first obtained permission to
do so, shall open, close or operate in any way the curb stop in the
water service line. The property owner served by the water service
shall be liable for any costs arising from damages to the curb stop,
service box and/or piping on either side of the curb stop unless damaged
by Town employees in performance of their duties.
Any damage to service lines, street mains, pits, hydrants, curb
stops or other fittings or devices, and any damage that may be caused
by leakage or flow of water occasioned by the installation or repair
of any sewer or drain line, electrical conduit or cable, telephone
conduit or cable or by an excavation, embankment, paving, or other
construction operation, shall be repaired at the expense of the contractor
doing the work causing the damage, or by the property owner of the
premises or the person or entity for whom such work is being done.
A.
The use of water is permitted subject to such conditions or reservations
as the Superintendent or Town may, in its sole discretion, consider
to be reasonable. The Town reserves the right to restrict or prohibit
extraordinary use of water, if water supply conditions so require.
B.
No water shall be taken from any hydrants in any water district for
the purpose of filling, refilling, or use in any swimming pool, pond,
reservoir or other storage area on private property or for any extraordinary
commercial purpose without a written application being filed with
the Superintendent by the person desiring to take such water, setting
forth the name of the property owner to which such water is to be
taken and the purpose of the intended use; or the name and address
of such commercial user with a description of the commercial use,
the location of the hydrant from which the water is to be taken and
the number of gallons of water to be taken from said hydrant. The
fee shall be as hereinafter set forth in the Schedule of Fees. Lawn
sprinkling, car washing, pool filling or other unnecessary uses may
be forbidden at any time by the Superintendent or Town, in case it
is necessary to conserve the water supply of the Town water district,
after the declaration of a water emergency.
C.
The Town 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 which may
be beyond its control.
D.
Water service to a property owner may be shut off only by the Town,
its employee or agent for the purpose of inspection or for the making
of repairs or alterations to water mains, meters, pipes, valves or
other appurtenances. No other person shall open, close, or tamper
with any valve, valve box, or valve box cover or any other equipment
in the Town water district.
A.
Employees of the Town water district may enter and must be permitted
to enter upon any premises where water is being supplied by a Town
water district or upon any premises for which application is made
for service for the purpose of inspecting all work in connection with
such service. Water may be shut off by the Town water district from
any service or main for the purpose of new construction or for making
repairs to the water system. Whenever it is possible, due notice will
be given, but in case of emergency, the water may be shut off without
notice and the Town or Town water district shall not be held responsible
for any damage resulting therefrom.
A.
As necessary 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 Superintendent shall have the right and authority to temporarily
shut off the water supply in order to perform the necessary work.
B.
The Superintendent will use, if possible, all reasonable and practicable
means to notify the property owner in advance of such discontinuance
of water service.
C.
The Town shall not be liable for any inconvenience suffered by the
property owner or for any damage which may result to the property
owner's piping, fixtures, appliances, etc., resulting from the shutting
off of the water supply for any purpose whatever, whether or not previous
notice has been given.
All hydrants are under the control of the Town water district.
No person shall open a hydrant, except an authorized employee of the
Town water district or fire department. Any person causing damage
to a fire hydrant by collision or otherwise will be held responsible
for any damage caused thereby, and such person should immediately
report the same to the Town water district or nearest fire station
giving his name and address. Hydrants shall be periodically painted
by color code adopted by the National Fire Protection Association,
which colors shall indicate the flow capacity at the hydrant. No person,
except Town water district personnel, or person so designated, shall
paint a hydrant. No person shall in any way deface any hydrant or
in any way obstruct any hydrant from use, either by planting trees
or shrubs between the hydrant and the street or in any other way place
any obstruction between the hydrant and the street.
Rates, as well as charges for different services, for each Town
water district within the Town shall be determined from time to time
by the Town Board and fixed by resolution. Meter readings shall be
prorated for periods less than full billing periods only when written
request to shut off service is received by the Water Department at
least seven days in advance. New connections will be prorated to the
end of the current billing period. Property owners who are actually
users of the Town water district water or who own or operate a structure
that uses water shall be billed a quarterly charge as per the Schedule
of Fees.
All property owners in a Town water district will be billed
for the property owner's pro rata share, as determined by assessed
valuation, of the applicable districts annual debt service or capital
costs, if any.
A.
Any person who commits or permits a person to, break, damage, destroy,
uncover, deface or tamper with any structure, apparatus or equipment
which is part of any public water supply system shall be deemed to
have violated this chapter. Any person who commits or permits any
acts in violation of any of the provisions of this chapter shall be
deemed to have committed such acts each day during or on which a violation
occurs or continues. A separate penalty may be imposed for each separate
offense. The Town Board may maintain an action or proceedings in the
name of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
B.
Penalties for offenses. Any violation of the rules, regulations or
provisions of this chapter is hereby declared to be an offense punishable
by a fine not to exceed $500 and restitution, if any, or imprisonment
not to exceed 15 days, or by both said fine and imprisonment. When
a violation of any of the provisions of this chapter is continuous,
each 24 hours thereof shall constitute a separate and distinct violation.
The Town shall not be liable for any damage or loss of any kind
to persons or property which may arise from or be caused by any change,
diminution in or increase to the water pressure or supply from any
cause whatever, nor shall the Town be liable for any property damages
resulting from any discoloration of the water furnished, including,
but not limited to, clothing or plumbing fixtures allegedly damaged
by discolored water.
No person shall conduct water from one service pipe into two
or more tax lots with distinct buildings or structures without permission,
in writing, of the Town Board or Superintendant.
Any water supply taken from the Town water district's system
shall be distributed through a piping system entirely independent
of and unconnected to any other system conveying any other supply
of water. The New York State Health Department requires a physical
disconnection from existing individual water wells to the piping connecting
to a public water supply system. The purpose of this requirement is
the elimination of potential siphonage and possible contamination
of the public water supply. Under no circumstances shall a direct
connection be made or permitted between a privately owned water well
and the public water supply (including valving, check valves, vacuum
breakers and other devices). Inspections shall be made by the Superintendent
or his authorized representative to assure that this rule has been
complied with. Violators of this rule may have their water service
shut off immediately at the curb stop and be charged with a violation
of this chapter.
A.
In all cases where water is supplied to water backs in stoves and
ranges, or to steam boilers for domestic use or manufacturing purposes,
the supply pipe must be provided with a suitable check valve or other
sufficient device to prevent damage from collapse or explosion when
the water is shut off from the mains or other causes.
B.
Whenever a check valve is installed on the cold water supply line
between the main and the hot water tank there shall be installed on
the hot water distributing system a suitable relief valve.
A.
Backflow prevention device. The Superintendent may require the property
owner to install an approved backflow prevention device in every water
service line to the facility for which a potential hazard exists.
Such devices shall be installed at or as near the service connection
as may be required by the Superintendent. Such backflow preventers
shall be designed and installed in accordance with all regulations
of Part 5, Section 5-1.31 of the New York State Sanitary Code (as
amended from time to time)[1] and must be approved by the Superintendent and the New
York State Health Department prior to installations. All costs of
installation and maintenance shall be borne by the property owner.
[1]
Editor's Note: See 10 NYCRR 5-1.31.
B.
All backflow prevention devices shall be tested at least once a year
by a tester certified by the New York State Department of Health in
accordance with Part 5, Section 5-1.31 of the New York State Sanitary
Code (as amended from time to time) and the results of the test submitted
to the Superintendent. If annual test reports are not received, the
Superintendent may test the backflow prevention device for a fee pursuant
to the Schedule of Fees. All costs of testing shall be borne by the
property owner.
C.
If a required backflow prevention device is not installed or tested
within the period of time set by the Superintendent, the supply of
water to the premises may be shut off by the water district until
the provisions of this section have been complied with.
A.
All water service shall be metered. The district will furnish the
meter, meter couplings and the check valve. The cost of the meter,
meter couplings and check valve shall be paid by the property owner
in accordance with the Schedule of Fees. Meters must be accessible
to the Superintendent at all reasonable hours.
B.
Property owners will be required to protect the meter from frost
or other injury at their own expense; and whenever it shall be necessary
to attach a meter outside of the building, they shall pay the expense
incurred in excavating for and boxing the same, in a meter pit.
C.
Where a water meter fails to register the correct quantity of water
delivered through it or where it otherwise becomes out of order or
in need of repair, notice thereof shall be given by the water district
or the Superintendent on his own initiative may remove or repair same.
Another meter will be loaned and installed during the time required
for testing and repair. When repairs are found necessary, the same
shall be made and the expense charged to the property owner. When,
in the opinion of the Superintendent, a meter becomes unsuitable for
use, it shall be replaced as directed by the Superintendent and the
expense shall be borne by the property owner.
D.
All meters in pits will have suitable ladders and be made substantially
tight, so as to be safe for ingress and egress from the pit, with
suitable covers on the pit to protect the meter and the meter reader
from injury. All pumping of pits so that the meter can be read will
be done by property owner of the premises or, if done at the direction
of the Superintendent, will be charged to the property owner.
E.
When a property owner disputes the accuracy of the meter reading,
the property owner will be charged the amount incurred for removal,
shipping and testing of meter tested for accuracy in the event that
the meter is found to be correct.
A.
All water rents or other charges shall be payable at the office designated
by the Town.
B.
All water rents, accounts or other charges shall be made against
the property owners connected with the main; and such owner or owners
shall be held responsible for all accounts and charges except in cases
where an inaccuracy has been established as provided herein.
C.
Water rents for all services shall be payable quarterly at the end
of each quarter, on the first days of the months of April, July, October
and January. The quarterly bill will be the minimum quarterly charge
as set forth in the Schedule of Fees or the actual meter reading,
whichever is greater. All property owners who own a property within
a Town water district upon which there is a structure that utilizes
water shall be billed the minimum quarterly rate.
D.
If, for any reason, a meter reading cannot be obtained, the district
may bill the amount charged for the corresponding period of the preceding
year, and in such cases the amount paid will be treated as a credit,
the amount due being determined by the next meter reading. The estimated
bill will be based on the amount of water consumed in the corresponding
quarter in the last year, except where it appears that there has been
a change in occupancy of the premises or in the use of water, in which
case an equitable adjustment will be made.
E.
Ten percent will be added to bills not paid within 30 days from the
date due and payable.
F.
Water rents for fractional parts of a quarter shall be prorated for
the remainder of the quarter and be payable on the first day of the
ensuing quarter.
G.
Any delinquent water rents or other charges not paid by November
1 shall be added to the property owners' next real property tax bill
and shall become a lien against the property and collected as a tax
thereon.
H.
In instances when the property owner fails to maintain his service
line and/or meter or is delinquent in the payment of operation and
maintenance, the Town may in its discretion have the water service
shut off until such time as the maintenance issue is resolved or the
delinquency paid or suitable arrangements are made to cure same.
I.
For multiple-residence dwellings containing more than 40 residential
units where the occupants are selected based on age and income criteria
and where there are not individual water meters for each dwelling
unit, the property owner shall be billed for a single minimum use
charge per structure and thereafter be billed on usage in excess of
the minimum, based on the current commercial rate. Additionally, single-family
residences owned and occupied by an individual or individuals that
are recipients of the Town of Wawarsing aged real property tax exemption
shall not be billed for the minimum residential use charge, but rather
shall be billed on usage, from the first gallon, based on the current
residential rate. Furthermore, those residences owned and occupied
by an individual or individuals that are recipients of the Town of
Wawarsing aged real property tax exception that are not connected
to the Napanoch Water District shall not be billed the minimum residential
use charge, but rather shall be billed a lesser quarterly charge as
determined by resolution of the Town Board from time to time.
J.
In the event that a house or other building is to be closed or become
vacant, notice thereof must be given to the district in order that
the meter may be read and the curb stop closed, the expense of which
shall be paid by the property owner as set forth in the Schedule of
Fees. Where such notice is not given, and pipes burst from freezing
or other causes, the value of the water lost by reason thereof, as
estimated by the Superintendent, together with the additional sum
as provided in the Schedule of Fees to cover labor and expense to
the district, shall be added to the next bill and be paid in like
manner as regular water charges.
Where no main presently exists, the property owner shall apply
to the Town Board, and upon approval of such additions or extension
to the main, same shall be installed by the district, or its authorized
representative, at the expense of the property owner in accordance
with the following:
A.
Connections shall be made to the main at a point designated by the
Superintendent.
B.
Pipes, valves, and hydrants shall be installed in accordance with
a plan approved by the Town Board.
C.
All costs incurred by the Town water district and/or the Town, either
directly such as the cost of all materials, installation and street
restoration or by way of professionals/consultants it may retain to
review and approve reports, plans, specifications and applications
for district extensions and/or connections to existing district mains,
shall be borne by the property owner.
D.
As a condition of obtaining services, all mains, valves and hydrants
shall be deeded to the Town water district. Once deeded to the Town
water district, maintenance shall be the responsibility of the Town
water district.
E.
A deposit sufficient to cover estimated cost of installation and
street restoration must be paid upon the approval of the application
for an addition or extension to the Town water district main. Such
deposit will be applied toward the actual cost of the consultation,
installation and street restoration. Upon completion of the work,
the surplus, if any, will be refunded. In the event the deposit is
insufficient to pay such cost, the property owner shall reimburse
and pay the Town water district for any and all additional sums which
shall be a charge against the premises and payable immediately.
A property owner's responsibility to pay for water service continues
from the time service is commenced until five days' written notice
is received by the Town water district of a change of ownership or
occupancy of the premises or five days' written notice is received
by the Town water district to discontinue the applicable service.
Upon receipt of such notice, the Town water district will arrange
for final meter reading and billing. The charge for same as is provided
in the Schedule of Fees. Should the premises change ownership, all
open charges shall be a charge against the premises, payable on billing,
by the new property owner to the extent that the prior property owner
failed to pay for the same.
Property owners situated outside a Town water district who receive
approval from the Town Board to connect to the Town water district
shall bear all costs associated therewith and shall pay such user
fees as determined by the Town Board. Such outside users shall be
required to sign an agreement with the Town water district covering
such costs for use and termination rights by the Town water district.
All construction must be as approved by the Superintendent utilizing
such materials as may be approved by the Superintendent. The connection
contemplated hereunder may only be made upon application to and approval
of the Town Board upon such terms, conditions, security for payment,
costs, bonds, and insurance as mandated by the Town.
The Town and the City of New York through its Department of
Environmental Protection are under contract (DEL-446) the terms of
which alter the expenses to the property owners within the Wawasing
Water District. For those property owners who elect to connect to
the Wawarisng Water District within the time frame provided in DEL-446
there shall be no charge of costs to property owners neither for service
line connection and installation nor for meter purchase and installation.
If a property owner declines such connection at the time it is being
offered, such property owner may subsequently elect, by following
the procedure set forth in this chapter, to apply for a permit to
allow such connection; provided, however, in such event the expense
of such connection, decommission of existing water supply system and
meter purchase and install shall be at the sole expense of the property
owner.
If any provisions of this chapter or the application thereof
to any person or circumstance be held unconstitutional or invalid
in whole or in part by any court, such holding of unconstitutionality
or invalidity shall in no way affect or impair any other provision
of this chapter, or the application of any such provision to any other
person or circumstance.
