[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie as indicated in article histories. Amendments noted where applicable.]
Article I Town-Wide Water Improvement Area
[Adopted 2-16-1972 (Part I, Subpart 15, of the 1964 Code); amended in its entirety 3-27-1996 by L.L. No. 4-1996]
The following are the ordinances, rules and regulations established, pursuant to law, by the Town Board of the Town of Poughkeepsie, and are a part of the contract with each person, corporation, partnership or other legal entity taking and using water furnished and supplied by the Town-Wide Water Improvement Area.
As used in this article, the following terms shall have the meanings indicated:
- OWNER or CONSUMER
- The owner or owners of the premises supplied or furnished with water.
- SERVICE PIPE or SERVICE MAIN
- The pipe and attachments of every kind and nature thereto connecting the street main with the house or building piping.
- SUPERINTENDENT OF HIGHWAYS
- The Superintendent of Highways of the Town of Poughkeepsie.
- WATER DEPARTMENT
- That department or agency of the Town which is authorized by the Town Board to operate, maintain and in general terms manage the water system(s) of the municipality, and shall include the Town Plumbing Inspector.
- WATER MAIN or STREET MAIN
- The pipe and attachments of every kind and nature conveying water along the streets of the Town.
Before water shall be turned on for the supply of any building or premises, application therefore shall be made, in writing, to the Town of Poughkeepsie; such application must be signed by the owner and be upon a form supplied by the Plumbing Department and filed with the Plumbing Department. Such application must be approved by the Plumbing Inspector before any connection is made with the street main or the service main. The applicant will be held responsible for all water rents and charges until due notice of change of ownership shall have been made by him or her in writing and delivered to the Town of Poughkeepsie at least 10 days before going into effect.
Every owner taking water or permitting water to be taken for use on premises of such owner thereby agrees to these ordinances, rules and regulations and agrees to be bound by them and by such other rules and regulations as may thereafter be established for the Town-Wide Water Improvement Area.
No street, sidewalk or other public ground shall be opened for the purpose of laying any water pipe or service pipe or doing any work whatever about any water main or pipe or service pipe or fixture or for the purpose of making any connection with any water pipe or doing any work in connection therewith unless a permit shall be obtained from the Town Superintendent of Highways and the Town Board unless such work is to be done under contract with the Town Board or by the Town Water Department.
No permit shall be granted to any person other than a plumber licensed by the Town to open up a street, sidewalk or other public ground for the purpose of laying, installing or repairing water pipes or fixtures. No plumber shall allow his or her name to be used by any other person or party, either for the purpose of obtaining permits or doing any work in connection with the water mains or service mains.
Before any such permit shall be granted, such plumber shall file a bond in the office of the Town Clerk in the sum of not less than $10,000, properly conditioned to indemnify the Town of Poughkeepsie against any loss which the Town may sustain by reason of the negligence of such plumber or his or her failure to comply with these rules. Such bond shall be approved by the Town Board as to its form and sufficiency of surety before filing.
In the opening of a street, sidewalk or other public grounds for the introduction or repair of any water service pipe or connection under authority of such permit by the Town Superintendent of Highways and the Town Board, the plumber shall be responsible for all damages resulting from such trench or opening, even though the work is performed by the owner or other person, the permit for making the excavation or opening in the street, sidewalk or other public grounds being to the plumber only, and any other person opening the street, sidewalk or other public grounds under such permit does so as the agent of said plumber and by no other authority. He or she shall duly regard public safety and convenience, and such excavations shall be adequately guarded and proper lights displayed by him or her at night to warn and protect the public.
No person shall tap any street main or make any connection therewith except authorized personnel of the Town Water Department unless such tapping is made as an adjunct to a contract with the Town for the installation of street mains on which such tap is being made. The cost of such tap made by the Town Water Department shall have fixed prices which shall be paid in advance. The Town Water Department shall tap all mains, except as noted above, or as hereinafter noted, and shall approve the setting of all meters, and no one shall turn on any water service nor shut off any water service except with the knowledge of and permission of the Water Department.
Ductile iron pipe, Class 52, is the only acceptable pipe to be used for water mains. Fittings must be ductile iron with restraining glands or tie rods.
The use of concrete thrust blocks for the purpose of restrained glands, tees, elbows, etc., is prohibited. Only restraining glands or tie rods, or both, may be used at changes of direction or fire hydrants.
Editor's Note: Former Subsection A(3), which stated that buildings requiring fire line services must have a separate domestic water service, and which immediately followed this subsection, was repealed 11-18-2009 by L.L. No. 41-2009.
Service taps larger than one inch shall not necessarily be made by the Town Water Department but will be made under the direction and supervision of the Town Water Department using materials, methods and specialized persons or firms acceptable to the Water Department. Costs for such taps are not included in the fixed fee schedule but shall be borne in their entirety by the applicant.
No person shall lay any service main or make any attachment thereto or any alterations or repairs to the service main or appurtenances thereto except a plumber licensed by the Town, who has obtained permission as prescribed in § 203-3 above, or the Town Water Department or persons or firms working under contract with the Town for such work. Water services in excess of 100 feet in length must be one inch or larger.
There shall be no tap, provision for tap, plugged tee or other such fitting in the service main between the street main and the meter inside the building. Any yard hydrant, fountain or hose must be connected on the building side of the meter.
Copper Type K is the only acceptable pipe for service laterals up to two inches and under 200 feet long. Services one inch and up to two inches over 200 feet long that require a meter pit may be installed using 200 psi PE (polyethylene) plastic pipe between the meter pit and the house. Type K Copper must be used from main to curb box and curb box to pit. The CTS (copper tubing size) poly pipe connects using stainless steel sleeves and compression fittings. Plastic pipe must have five feet of cover and be installed with a tracer wire for locating purposes. Services larger than two inches must be ductile iron pipe. Fittings must be compression type for copper pipe. Nondraining curb boxes only.
[Amended 4-23-2003 by L.L. No. 3-2003; 11-18-2009 by L.L. No. 41-2009]
Pressure-reducing valves. Approved pressure-reducing valves must be used on pressure greater than 80 pounds per square inch (PSI).
[Amended 4-23-2003 by L.L. No. 3-2003]
Residential homes in the area served by the Fairview Pump Station whose water pressure is increased beyond the 80 pounds per square inch as a result of the upgrade of the system will provide access to their homes to the Town for the installation of the appropriate pressure-reducing valves consistent with this statute at no cost to the homeowner.
Vacant properties in the area serviced by the Fairview Pump Station, upon application for a building permit, will be required at their own cost and expense to install a pressure-reducing valve if the pressure exceeds 80 pounds per square inch; which valve must be approved by the Town Water Department prior to installation and must be installed prior to the issuance of a certificate of occupancy.
Backflow prevention. Backflow preventers must be installed in all commercial buildings and those residential buildings that may require such devices, whether they are occupied or vacant, as long as Town water is being supplied to these properties. All fire lines must be protected by at least a double check valve. The make, model and type of device, which will depend on the degree of hazard, must meet Town of Poughkeepsie Water Department specifications.
[Amended 5-9-2012 by L.L. No. 5-2012]
All backflow devices must be tested at installation and be recertified annually by a New York State Department of Health approved tester.
If a required backflow device is not installed within 60 days of certified-mail notice to a property owner requiring it to install a required device, the delivery of water to the property may be discontinued by the Town of Poughkeepsie Water Department.
If a required recertification is not done within 30 days of certified-mail notice to do so, the water supply to the property may be discontinued by the Town of Poughkeepsie Water Department.
If it is determined by the Town of Poughkeepsie Water Department, the Dutchess County Department of Health or the New York State Department of Health that the failure to install or maintain required backflow prevention presents an imminent public health hazard, water supply to the property may be immediately discontinued by the Town of Poughkeepsie Water Department, which shall give notice thereof to the property owner as promptly as is practicable under the circumstances.
Service pipe shall be laid not less than 4 1/2 feet below the surface of grade, and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to Health Department standards and to the requirements of Chapter 154, Plumbing.
The entire expense, both in labor and material, of installing the service from the curb stop at the street line to the gate valve at the meter shall be borne by the owner of the premises. In those consolidated districts where service pipe from the street main to the curb stop at the property line were not provided by intent, the entire expense, both in labor and material, of installing the service from the corporation cock in the main to the gate valve of the meter, both inclusive, shall be borne by the owner of the premises and the street surface and walks and other surface elements replaced as they were found at the property owner's expense.
Only one property or property unit shall be supplied through a single service pipe. Should repairs to the service main or its appurtenances and fixtures become necessary to prevent waste of water or to maintain service, the repair and the cost of such repair will be made by and at the expense of the Water Improvement Area, if the defect is located between the street main and the curb stop. If the defect is between the curb stop and the building, the repair and full cost of such repair shall be the responsibility of the owner of the premises. Failure to immediately repair such defect shall cause the Water Department to turn off the water at the curb stop.
Every service main shall have a cock or other approved valved tap in the main, an inverted key stop cock or other approved valve with a metal protecting box at the curb or property line and a gate valve or other approved valve just before the meter. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground and accessible at all times.
No person, except Water Department personnel or those acting with permission of the Water Superintendent, shall open or close any valve on the street main or services or any cocks in any curb box or molest or interfere with the same in any way whatever.
Personnel of the Water Department, the Plumbing Inspector or other persons authorized by the Town Board may, at any time, enter a building or upon premises where water is used from supply pipes connected to the street mains for purposes of examining such pipes and materials which have been installed.
Every meter service shall be supplied through a meter. Only one meter shall be set in any service main. If more than one meter is desired or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. When exceptional conditions warrant deviation from this rule, a special permit may be issued by the Town Board. Every such special permit, however, shall be revocable at the discretion of the Town Board.
Separate water service lines designed and installed exclusively for fire-fighting purposes (i.e., sprinkler systems, etc.) and from which there are no connections or tees or taps from which water may be drawn and used for purposes other than fire fighting and protection need not be metered.
All water meters of one inch size or less must be procured from the Water Department and shall be the property of the Town-Wide Water Improvement Area. Larger meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the Water Department. They shall be set at the expense of the property owner in such location, position and manner as to be readily accessible for reading and repair and kept free from obstruction and shall be fully protected from freezing and damage at the property owner's expense. Remote reading heads and accessory meters will be installed by the owner for all water meters over one inch, at a time to be determined (by the Town of Poughkeepsie Water Department) upon order of the Town of Poughkeepsie Water Department, at the owner's sole cost and expense and in compliance with the Town Code and specifications as determined by the Water Department. At the time said meters are installed the owner shall install backflow preventors approved by the Town of Pougbkeepsie Water Department as determined by the Water Department at the time of installation. Cables and/or wires connecting such heads with the meters shall be protected from damage by the property owner. A penalty of $150 will be imposed when a meter is damaged by freezing or other negligence on the part of the owner of the premises and/or when a remote reading cable and/or head is damaged by the property owner's negligence. Such penalty shall be a lien against the property. All meters, cables, remote reading heads and all other equipment accessory to the meters shall be under the exclusive control of the Water Department and subject to inspection at all times by the Water Department, Plumbing Inspector and other agents authorized by the Town Board.
[Amended 2-15-2004 by L.L. No. 23-2004; 11-18-2009 by L.L. No. 41-2009]
Master metering must be done on all apartments, condominiums, shopping plazas and any other installations, title to which is not held by the Town of Poughkeepsie.
Services in excess of 200 feet long must be master-metered, whether commercial or residential.
Master pits. All underground meter pits and backflow preventor pits must be constructed to Town of Poughkeepsie specifications. Copies can be obtained at the Water Department offices.
All water passing through a meter will be charged for, whether used or wasted. Meters will be tested at the consumer's request. If meter is found to be accurate, the consumer shall bear the expense of the test. Any meter may be tested for accuracy at the discretion of the Water Department. Should a meter of a size greater than one inch be found to be inaccurate, the consumer shall, upon written notification, have said meter repaired within 45 days of such notice at his or her, the consumer's, expense. Meters will be considered accurate if registering within 2%, plus or minus. If a meter gets out of order and fails to register correctly, the consumer will be charged the average daily consumption as shown by the meter when in accurate working condition.
No person shall interfere or tamper in any way with the meter or meter accessories or the valves and fittings connected thereto. No person shall use unmetered water. Any person violating this subsection shall be subject to a civil fine in the sum of $1,000 as determined and imposed by the person charged with the enforcement of this chapter or by agreement of the parties. In addition, any person violating this subsection shall be required to make restitution and payment to the Water Department in an amount to be determined by the Water Department to reimburse the Water Department for service provided but not paid for by any person violating this subsection for a period of up to three years immediately preceding the discovery of the violation and to further reimburse the Water Department for any and all damages sustained to the meter or meter accessories or the valves and fittings connected thereto.
[Amended 6-3-2009 by L.L. No. 22-2009]
All meters must be sealed. The seal may be broken only the authorized agent of the Town Board. Should the seal be broken in any other manner, the property owner will be held responsible, and the Town Board reserves the right to order the meter removed for test at the expense of the property owner.
The rents for the use of water and all charges in connection therewith shall be due and payable quarterly, on schedules established by the Town Board, at the office of the Receiver of Taxes and Assessments. Fractional parts of a quarter will be computed from the day the meter is installed to the day of the quarterly reading. No abatement of minimum charge for water rent shall be made unless water is shut off at the curb box.
The rents for the use of water and all charges in connection therewith shall be billed to the property owner.
[Added 11-2-2011 by L.L. No. 28-2011]
Effective billing January 1, 1983, all water shall be billed at the rate of $1.50 per 100 cubic feet.
[Amended 12-16-1998 by L.L. No. 17-1998; 10-20-2004 by L.L. No. 22-2004]
The fee for permission to open streets, lanes, walkways and other public grounds for the purpose of installing mains, services and other appurtenances shall be subject to permission and fee as set down by the Superintendent of Highways.
[Amended 11-18-2009 by L.L. No. 41-2009]
The charge for taps of three-fourths-inch and one-inch size shall be $150 and $185, respectively. Materials to be supplied by others.
The charge for taps from one-and-one-quarter-inch to two-inch size shall be $275. Materials to be supplied by others.
The fee of $750 for a standard large tap and $950 for twenty-inch or larger tap shall be charged. Materials to be supplied by others.
All unpaid water rents, charges and penalties which are in arrears for 30 days or longer shall be subject to a penalty of 10% of the amount due.
If all such water rents, charges and penalties shall not be paid within 60 days after the date due, the Town Clerk shall mail to the owner a notice of arrearage, containing the total amount then due with notice that, unless paid within five days after date of mailing such notice, service will be discontinued unless such bill and the whole thereof shall be paid within said five days or the next business day after the expiration of said five-day period, and such service shall not be restored until all charges and penalties shall have been paid and the further sum of $20 shall have been paid for the restoration of service.
[Amended 11-2-2011 by L.L. No. 28-2011]
All water rents and other lawful charges in connection with the water system shall be a lien upon the real estate where such water is supplied. All penalties for the violation of any rules and regulations hereafter adopted, if not paid when imposed, shall constitute a lien upon the real property and premises in like manner as unpaid water rents.
All water rents, penalties and other lawful charges remaining due and unpaid at the time the annual tax roll of the water improvement area is made up shall be included therein and levied against the real property on which the water shall have been used and shall be collected with and in the same manner as other Town taxes with the additional fees, charges and penalties incident to the collection of such taxes.
Water shall not be turned on or off except by the Water Department. There will be no charge for the first turning on of the water but, should the Town Board or its agent turn it off because of any delinquency on the part of the consumer, the water will not be turned on again until all the charges and a fee of $20 has been paid by the delinquent. When water is turned off at the request of a consumer, no charge will be made for turning off, but a charge of $10 will be made for again turning on the supply. While so shut off at the curb box, no minimum charge will be made.
The Town Board reserves the right to suspend or discontinue, when the public interest shall require it, the use of any water service, including street mains, and also to shut off the water for repairs or alterations of the street mains or service mains or for other purposes and to keep it shut off as long as may be necessary.
Neither the Town or any of its officers or agents or the Town-Wide Water Improvement Area shall be held responsible or be responsible to consumers for any damages which may result from or be caused by shutting off the water, even when no notice is given, and no deduction from water bills will be in consequence thereof. No claim shall be made against the Town of Poughkeepsie or the improvement area for any damages arising from the bursting or breaking of any street main or service pipe or any fixture or attachment thereto, wherever situated, or from the failure or diminution of the water supply, whatever the cause thereof may be.
Unit fees for infrastructure permits.
[Added 11-18-2009 by L.L. No. 40-2009]
If any owner has any source of water, other than from the municipal public water system, such source will be considered nonpotable. Before making any service connection between the municipal public water supply and a consumer's premises, it is required that all connections between individual wells or other outside sources of supply physically be disconnected from the consumer's plumbing fixtures which are connected to the municipal potable water supply.
No person or persons are permitted to open any fire plug or hydrant or draw water therefrom except the Water Department or those acting with its permission or under its direction. The Chief Engineers of the various Fire Districts, their assistants, officers and members of said departments are authorized to use the hydrants and fire plugs for the purpose of extinguishing fires and in all such cases shall be under the direction and supervision of the Chief Engineer or assistants appointed to him or her, and in no case shall an inexperienced or incompetent person be permitted to manipulate or control, in any way, any hydrant, fire plug or fixture.
No person shall obstruct access to any fire hydrant or stop cock or curb box connected with the water mains or service mains or pipes in any street by placing thereon any building materials, rubbish or other hindrances.
Water used for building purposes shall be charged to the owner of the property. The amount consumed shall be metered or estimated by the Town Board or its duly authorized representative, at its option.
No water main shall be tapped for nor any service main extended outside the boundaries of any water improvement area or consolidated district, except on special application therefor filed with the Town Board and a special permit therefor granted and issued by the Town Board. The Town Board shall impose such conditions upon the granting of the permit as shall be deemed fitting and proper by it and shall impose and collect such water rents and charges for such water service as it deems best.
The Town Board reserves the right to change, modify, supplement or amend these rules, regulations and ordinances and the rates and charges for the use of water from time to time. The right is also reserved to make such additional rules and regulations, which to the Town Board seem best, to regulate the water supply and the proper and efficient administration of the Town-Wide Water Improvement Area and to make rates and/or contracts for the use of water in special cases.
Pursuant to § 135 of the Town Law, a violation of these ordinances, rules and regulations is hereby declared to be a violation, punishable by a fine for each violation not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, and each day said violation continues shall constitute a separate violation. The proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of these ordinances, rules and regulations and to retrain, correct to abate such violation or to prevent any illegal action, conduct or use in or about said water improvement area.