[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie as indicated in article histories. Amendments
noted where applicable.]
[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:
The owner or owners of the premises supplied or furnished
with water.
The pipe and attachments of every kind and nature thereto
connecting the street main with the house or building piping.
The Superintendent of Highways of the Town of Poughkeepsie.
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.
The pipe and attachments of every kind and nature conveying
water along the streets of the Town.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
(1)
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.
(2)
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.[1]
[1]
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.
B.
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.
C.
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.
D.
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.
E.
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]
(1)
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]
(a)
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.
(b)
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.
(2)
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]
(a)
All backflow devices must be tested at installation and be recertified
annually by a New York State Department of Health approved tester.
(b)
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.
(c)
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.
(d)
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
C.
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]
(1)
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.
(2)
Services in excess of 200 feet long must be master-metered,
whether commercial or residential.
(3)
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.
D.
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.
E.
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]
F.
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.
G.
Residential three-quarter-inch and one-inch water meters that are
over 20 years old, not compatible with Town reading equipment, or
not functioning properly shall be replaced at Town expense. Affected
property owners shall be sent a thirty-day mandatory upgrade notice
letter. If a consent to replace is not timely received, or if replacement
is not allowed, a second thirty-day notice letter shall be sent. If
after the second notice letter is sent no consent to replace is received,
or if replacement is not allowed, the Town will send a final thirty-day
notice letter via Certified Mail. If a consent to replace is not then
timely received, or if replacement is not allowed, a $100 charge will
be assessed on each quarterly water bill thereafter until the replacement
has been acceptably completed, with the Town reserving to itself all
other rights and remedies.
[Added 9-29-2021 by L.L.
No. 10-2021]
H.
Except as provided below, one-and-one-quarter-inch, one-and-one-half-inch,
and two-inch commercial water meters that are over 20 years old, not
compatible with Town reading equipment, or not functioning properly
shall be replaced at the property owner's expense. Owners will
be sent a thirty-day mandatory upgrade letter. If a consent to replace
is not timely received, or if a replacement is not allowed, a second
thirty-day notice letter shall be sent. If after the second notice
letter is sent no consent to replace is timely received, or if replacement
is not allowed, the Town will send a final thirty-day notice letter
via Certified Mail. If consent to replace is not timely received,
or if replacement is not allowed, a $500 charge will be assessed on
each quarterly water bill thereafter until after the replacement has
been acceptably completed; provided however, that if a commercial
property owner can prove that its meter is compatible, functioning
properly, and although over 20 years old, is accurate to within 2%
plus or minus by a certified meter testing company, the $500 charge
will be waived. The Town reserves to itself all other rights and remedies.
[Added 9-29-2021 by L.L.
No. 10-2021]
A.
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.
B.
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]
A.
Effective August 13, 2018, the minimum rent per quarter,
which includes rental of meter, if any, shall be $18.75.
[Amended 12-16-1998 by L.L. No. 17-1998; 7-11-2018 by L.L. No. 6-2018]
B.
Effective billing August 13, 2018, all water shall
be billed at the rate of $2.50 per 100 cubic feet.[1]
[Amended 12-16-1998 by L.L. No. 17-1998; 10-20-2004 by L.L. No. 22-2004; 7-11-2018 by L.L. No. 6-2018]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
C.
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.
D.
Tap charges.[2]
[Amended 11-18-2009 by L.L. No. 41-2009]
(1)
The
charge for taps of three-fourths-inch and one-inch size shall be $150
and $185, respectively. Materials to be supplied by others.
(2)
The
charge for taps from one-and-one-quarter-inch to two-inch size shall
be $275. Materials to be supplied by others.
(3)
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.
[2]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
E.
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.
F.
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]
G.
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.
H.
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.
I.
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.[3] While so shut off at the curb box, no minimum charge will
be made.
[3]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
J.
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.
K.
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.
L.
Various
fees.[4]
[Added 11-18-2009 by L.L. No. 40-2009]
(1)
Three-fourths-inch
meter installation: $300.
(2)
One-inch
meter installation: $350.
(3)
Water
service fee: $35.
(4)
Sewer
service fee: $35.
[4]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
M.
Unit fees
for infrastructure permits.[5]
[Added 11-18-2009 by L.L. No. 40-2009]
(1)
Water:
appurtenances (meter pits, water mains, backflow devices, fire hydrants,
and miscellaneous appurtenances): $35 each.
(2)
Sewer:
appurtenances (manhole, grease traps, sewer mains, laterals, and miscellaneous
appurtenances): $35.
[5]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
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.
A.
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.
B.
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.
