[HISTORY: Adopted by the Board of Trustees of the Village
of Menands 6-17-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
The Board of Trustees of the Village of Menands, has approved
and duly adopted the following rules and regulations. Said rules and
regulations included herein shall apply to any person, firm, corporation
or other entity who is supplied with water (or whose property/premises
is supplied with water) by the Village of Menands. Every such person,
firm, corporation or other entity that is supplied with water (or
that has property/premises supplied with water) by the Village of
Menands shall agree to be bound hereby.
The owner of any property used for human occupancy, employment,
recreation or other purposes, located within the Village of Menands
and abutting on any street, alley or right-of-way in which there is
now located or may in the future be located a public water main, are
hereby required to be connected to the public water supply of the
Village of Menands. Any exemption must be approved by the Board of
Trustees of the Village of Menands. To be granted exemption, the Board
of Trustees of the Village of Menands must deem connection impractical
or cost prohibitive.
The territory to which this chapter (and the rules and regulations
included herein) applies includes the Village of Menands and vicinity,
Albany County, New York, where water supply is provided by and is
the responsibility of the Village of Menands.
This chapter shall take effect upon filing in the office of
the Secretary of the State of New York State or as otherwise provided
by law.
A.
The Board of Trustees of the Village of Menands shall have the power
and authority to create, manage and oversee a Department of Public
Works. Through the Department of Public Works, the Board shall have
cognizance, direction and control of the construction, maintenance,
extension, repair and care of the municipal water supply system. The
Board shall also have the supervision, care, management and control
of the water supply and the greater waterworks of the Village of Menands.
B.
It shall be the duty of the Board of Trustees to prescribe rules
and regulations for the use of water facilities and to establish water
rates or water rents.
C.
The Board of Trustees reserves the right to order a meter to be placed
on any service pipe of any property/premises, whenever it is deemed
expedient to do so. Thereafter, the Board reserves the right to charge
water rents based on meter rates for water used. All water passing
through a meter will be charged for, whether used or wasted. The Village
shall provide reasonable notice for the meter placement, except for
emergency situations.
D.
The Village reserves the right to enter the property/premises of
any water customer, at a reasonable time and with reasonable notice,
to examine water meters and other fixtures.
E.
The Village reserves the right to expose, uncover and inspect private
water mains and services following reasonable notice to the property
owner. If a leak is discovered, the property owner will be responsible
for the pipe repair and associated restoration. If the repair is not
completed in a timely manner, the Village may repair the pipe, restore
the property and charge the property owner for the Village's
costs. If no leak is discovered, the Village will restore the property.
F.
The Board of Trustees reserves the right to limit the amount of water
furnished to any water customer, or to entirely shut off water service
should circumstances seem to warrant such action (i.e., an emergency
scenario).
G.
During any new work, repair work, or any other construction-type
activity, the Board reserves the right to limit or cease water service
to any customer, without notice, for as long a period as may be necessary.
H.
The Village reserves the right, with reasonable notice, to discontinue
or terminate water service to any water customer should the owner,
tenants, or other occupants of that property/premises be found in
violation of any condition of this local chapter.
I.
The Village reserves the right to discontinue or terminate water
service to any water customer should they be found delinquent in payment.
The Village also reserves the right to file and/or maintain an action
or proceedings in a court of law so as to compel compliance or restrain
delinquent parties by injunction.
A.
It is understood and agreed that the Village of Menands and its Board
of Trustees shall not be liable for any damage which may result to
any person, firm, corporation or other entity, or premises or property
from the shutoff of the water from any main or service for any purpose
whatsoever, even in cases where no notice is given.
B.
The Village of Menands and its Board of Trustees shall not be liable
for any damage or loss of any name or kind to property, persons, firms,
corporations or other entities which may arise from, or be caused
by any change in or increase of water pressure from any cause whatsoever
or for any damage resulting from any steam boiler, hot water heater
or other fixture deriving its supply from the Village water system.
A.
Any person, firm, corporation or other entity that desires/requires
a new service or supply pipe into their property/premises must first
submit a written application, on a form for that purpose, to the Department
of Public Works. The application must be made by the water customer
(property/premises owner), who shall be held responsible for the payment
of water rent and tapping fees.
B.
Application forms can be found on the Village website or may be obtained
from the Village Clerk. When an application is duly submitted and
approved, a permit will be issued, in an appropriate amount of time.
If a meter is to be set, a permit will not be issued until payment
is made for the meter.
C.
Applications must be submitted 14 days prior to the commencement
of any work to be done.
D.
Acceptance of applications for the introduction of water service
is partially dependent on proximity to the existing main. Applications
for service shall be accepted only if there exists a main in a street
or right-of-way abutting the property/premises to be served. An application
in no way obligates the Village to extend its mains to serve the property/premises
under consideration.
E.
Applications will not be accepted for customers in arrears. No agreement
shall be entered into by the Village, with any applicant for water
service, until all past due and current charges due (from the applicant
for water or services at any property/premises now or heretofore owned
or occupied by the applicant) have been paid in full.
A.
The entire water service, including corporation stop, curb stop,
valves, backflow preventer, etc. from the water main to the building
must be installed by a licensed plumber at the expense of the property
owner. Such expenses include permits for street opening, material
and labor for service installation, repair of the street, replacement
of sidewalks and curbs, etc.
B.
All water customers shall be charged for any meters supplied by the
Village.
C.
All water customers are required to maintain, in perfect order and
at their own expense, the service pipe, fixtures and all appurtenances
provided for delivering or supplying Village water to a property/premise.
D.
The water customer shall be responsible for any damage to water meters
on the serviced property/premises caused by freezing, tampering or
negligence.
E.
Any penalties imposed for violation of any ordinances related to
the water supply of the Village will be the financial responsibility
of the property/premise owner.
F.
Water customers must assume all liability of damage caused by any
leakage of a service pipe in addition to payment for unmetered water
as estimated by the Village.
A.
No unauthorized person shall uncover, make any connections with,
use, or disturb any public water main or water service without first
obtaining a written permit from the Department of Public Works. When
submitting the application for a permit, the property owner will be
required to pay the permit application fee, which shall be as determined
from time to time by resolution of the Board of Trustees of the Village
of Menands.
B.
The Village retains the right to require full payment of the tap-in
charge prior to the commencement of any work. The owner will indemnify
the Village from any loss or damage that may directly or indirectly
be the result of the connection/installation of the water service
of the property/premises.
C.
The cost for tap-ins to the water main will be established by resolution
from time to time by the Village Board. For a schedule of current
fees, contact the Village Clerk.
A.
Water shall be furnished by the Village at such rates as established
from time to time by resolution of the Board of Trustees of the Village.
The reading of a duly installed meter showing the amount of water
consumed shall be used for all metered billing purposes, except where
it appears that the meter has ceased to register or has registered
inaccurately.
B.
Meters are read semiannually during the months of May and November.
May readings are billed in July and November readings are billed in
January.
C.
Payment for water/sewer bills is due by the end of the month received
(July and January) and is payable to the Village of Menands. If payment
is not received by the 1st of the following month, interest is charged
each month until it is paid or until it is transferred to the Village
Property Tax as a lien. Current interest rates may be obtained from
the Village Clerk as set by resolution of the Board of Trustees.
D.
In the event of a failure of a meter to register accurately, water
consumption will be billed based on an average of three prior readings
of the same six-month period, except in cases where there has been
a change in occupancy, in which case an equitable adjustment shall
be made.
E.
Water for construction, filling pools or other noncustomary purposes
not passing through a metered service connection, must be approved
by the Department of Public Works. If water is drawn from a fire hydrant
or other unmetered method, the Village will provide a meter and backflow
preventer. Regular water meter rates will apply.
F.
All charges for water rents, repairs, damages caused by carelessness
or neglect, penalties, etc. are the responsibility of the property
owner. Such charges, if not paid by April 30 shall be a lien on the
property benefitted. All such unpaid charges shall be added to the
next Village tax against the property. The Village will assess a $50
service charge for all such charges transferred to the Village Tax.
A.
Meters.
(1)
Residential water meters up to one inch in size:
(a)
Water meters up to one-inch in size, for one- and two-family
structures, shall be furnished by the Village. The cost to the property
owner will be determined by resolution by the Board of Trustees.
(b)
The water meter furnished by the Village will remain under Village
ownership and the Village will maintain the meter as far as ordinary
wear and tear is concerned. Any damage from freezing, hot water backup,
external damage, or tampering will be the financial responsibility
of the property owner.
(c)
The property owner shall be responsible for furnishing, installing
and maintaining all piping, valves and appurtenances other than the
meter. Meters are to be located before any points of use, in an accessible
location, and a minimum of 30 inches above the floor.
(d)
The Village Board reserves the right to, at any time deemed
appropriate, attach meters to any service pipe, remove any meter for
testing and replace any water meter.
(2)
Commercial and residential water meters larger than one inch:
(a)
For all commercial properties and residential properties with
meters larger than one inch, the property owner must supply, install
and repair the meter (per Board of Trustees Resolution dated May 12,
1930). Meter manufacturer and meter reading device must be the Village
standard and approved by the Village prior to installation.
(b)
All meters shall be checked for accuracy and calibrated not
less than every 12 months. Calibration costs are the responsibility
of the property owner.
(c)
The results of all meter calibrations and annual accuracy verifications
shall be provided directly to the Village Clerk by the person or firm
conducting such calibration tests. Calibration results of both before
and after servicing the meter shall be provided.
(d)
All meters shall be maintained to provide accurate measurement
of water delivered to the consumers within a range of 98.5% to 101.5%
of actual water usage.
(e)
Meters that are damaged or found to be defective at any time
shall be repaired immediately, and calibration tests shall be conducted
to ensure that repairs have been performed accurately.
(f)
The Village shall at any time, upon reasonable notice, have
the right to inspect and check the accuracy of the meter's flow,
and, in the event that such device shall be metering incorrectly,
the consumer shall repair the same or the Village shall repair the
same at the consumer's expense, and the Village shall bill the
consumer for any excess flow previously delivered and not previously
billed, and the Village shall adjust the consumer's billing in
accordance with the such findings.
(3)
Outdoor meter pits may be installed/required by written approval
of the Department of Public Works. Such meter pits must be constructed
in accordance with the Standard Specifications and Details at the
expense of the property owner.
(4)
For commercial and residential properties (other than one- and two-family
homes), a master meter may be required to be installed near the right-of-way
line.
(5)
Extension of private water mains require a master meter at the point
of connection.
(6)
Meters shall be accessible for inspection and reading by the Village's
authorized representative at any reasonable hour. After three attempts
by the Village to get access to the owners' property to check
the meter, the owner will be charged $200 per billing period until
the water meter is repaired in addition to estimated water use charges.
The Village reserves to the right to tum off the water supply after
three attempts by the Village to access the meter.
(7)
It shall be unlawful for any person, not specifically authorized
by the Village, to interfere with, remove, replace or tamper with
a meter or meter seal.
(8)
No connections shall be made to any water service pipe between the
water main and the meter. All water used shall pass through the meter.
If an unlawful connection is found, the water will be shut off and
the property owner serviced by the service pipe will be fined.
B.
Hydrants:
(1)
No person shall open or interfere with or draw water from any fire
hydrant without permission from the Department of Public Works, except
members of the Fire Department when engaged in their official capacity.
(2)
If granted permission by the Department of Public Works, use of fire
hydrants is only acceptable with the use of a Village-provided meter
and backflow preventor, so that the customer can be accurately charged
for water use.
(3)
Hydrants are to be F-2640 Eddy Fire Hydrant by Clow Valve Company.
(4)
Hydrants are to be equipped with red five-inch Storz x 4.5-inch NH
Fire Hydrant Converter with Nut Cap.
(5)
Property owners are responsible for furnishing, installing, maintaining,
testing and inspecting a backflow prevention device on their water
service in accordance with NYSDOH requirements and the Cross-Connection
Control Manual, appropriate for the degree of hazard present.
C.
Depth of buried pipes: Service lines and water mains are to be buried
with no less than five feet of cover to prevent water from freezing.
A.
The Board of Trustees reserves the right to restrict water usage
in the event of an emergency, drought or other situation which may
affect the health and welfare of the residents of Menands. Affected
residents will be notified.
B.
Any person within the Village of Menands who violates the water use
restrictions shall be fined not less than $25 for the first offense.
A second and/or subsequent violation during the same period shall
result in a fine of not less than $100.
C.
The Village of Menands Department of Public Works Foreman, in addition
to Village police officers, shall be designated as the enforcement
officers of the restrictions as noted above.
A.
The property owner shall notify the Village Clerk in writing in any
instance of a change in ownership, in the event a building, house
or structure is to be closed, or in the event that a building, house
or other structure is to become vacant.
B.
The Village is not a party to any adjustments to be made between
owners upon the change of ownership.
C.
The minimum charge as herein specified will apply regardless of whether
the apartment unit, home, business, building or structure is occupied.
A.
Any person, plumber, caretaker, owner or tenant in possession of
the property violating these rules and regulations shall be punished,
upon conviction, by a fine not to exceed $250 plus restitution or
by imprisonment not exceeding 15 days, or both such fine and imprisonment.
Each day of violation constitutes a separate offense.
B.
Any property owner who has been notified that its meter is not working
must have the meter repaired prior to the next billing period. If
a meter is not repaired within said time frame a penalty of $100 will
be added to each estimated bill until the meter is repaired.
A.
Any customer wishing to discontinue water service must give written
notice to the Village Clerk.
B.
The Village retains the right to discontinue water service to any
customer should the property owner, tenants, or other occupants engage
in (regardless of intent) any of the following:
(1)
Willful waste or use of water through improper and imperfect pipes
or any other means.
(2)
Molestation of any seal, meter or any other appliance owned by the
Village.
(3)
Cross-connecting pipes carrying water supplied by the Village with
those carrying water from any other source of supply or with any apparatus
which may endanger the purity or quality of the Village supply.
(4)
Refusal of reasonable access, following reasonable notice, to the
property for the purpose of inspecting fixtures or piping or for reading,
repairing, testing or removing meters.
(5)
Submetering or reselling water except to tenants as in the case of
multiple-unit dwellings.
(6)
Failure to pay within the specified payment window.
Terms defined as used in this article shall have the meanings
indicated:
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable supply of water from any
source or sources other than its intended source.
The pipe which extends from the termination of the public
water service pipe to the water distribution system of the building
served.
A proprietor; one who owns or has exclusive right of possession.
Any individual, his or her heirs, executors, administrators
and including a firm, partnership, corporation, company, association,
society, church, school and its successors.
The installed receptacles, devices or appliances which are
supplied with water or which receive or discharge liquids.
Water which is satisfactory for drinking, cooking and domestic
purposes and meets the requirements of the health authority having
jurisdiction.
A structure under one roof owned by the customer in which
one or more dwellings or businesses or combinations thereof are used
by the owner or rented to tenants.
Water supply pipe for public use controlled by the Village.
The works, structures, equipment and processes required to
supply, treat and distribute water to people at large or to any considerable
number of members of the public indiscriminately for domestic, commercial,
industrial and fire uses.
The Trustees of Village of Menands, a municipal corporation
of the State of New York and/or its duly authorized officers or agents.
May be referred to as: "the Board," "the Board of Trustees," "the
Village," "the Village Board," or similar terms.
The principal pipes of a water supply system to which water
services may be connected.
The water supply and distribution pipes, plumbing fixtures
and traps and water-treating or water-using equipment, including their
respective connection to the water main.
The pipe from the water main to the building served.
The water-distributing pipes and necessary connecting pipes,
fittings, and control valves in a building which convey water from
the water service pipe to plumbing fixtures and other water outlets.
