Town of Holland, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Holland 10-12-1977. Sections 116-4, 116-6D, E, F, G and H, 116-7, 116-8A, C and E, 116-9C, 116-10, 116-14, 116-15, 116-18 and 116-19 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 116-1
Purpose; additional regulations. 

§ 116-2
Compliance required. 

§ 116-3
Application. 

§ 116-4
Payment of fees required. 

§ 116-5
Right of entry. 

§ 116-6
Private service lines. 

§ 116-7
Fees. 

§ 116-8
Meters. 

§ 116-9
Charges. 

§ 116-10
Discontinuance of service. 

§ 116-11
Cross connection. 

§ 116-12
District responsibility. 

§ 116-13
Unauthorized use. 

§ 116-14
Fire hydrants. 

§ 116-15
Liability of Town. 

§ 116-16
Water pressure safety devices. 

§ 116-17
Limitation of use. 

§ 116-18
New roads. 

§ 116-19
Promulgation of rules and regulations. 

§ 116-20
Damage to equipment; turning on water without permission. 

§ 116-21
Penalties for offenses; additional remedies. 

§ 116-1 Purpose; additional regulations.

A. 

The purpose of this chapter is to promote the general health, welfare and safety of the inhabitants of Holland through regulations, supervision and control of the water system of the Holland Water District. It is hereby declared the policy of the Town Board of Holland by means of this chapter to promote such regulations, supervision and control and to provide for the operation and maintenance of the Holland Water District.

B. 

The provisions of this chapter and any rules and regulations adopted hereunder shall be deemed a part of any control for the furnishing of water, and any person receiving such shall be bound by such rules and regulations.

§ 116-2 Compliance required.

Any person who knowingly receives or permits premises owned or occupied by him to receive water from the Holland Water District except in accordance with these rules shall be guilty of a violation and punishable as provided hereinafter.

§ 116-3 Application.

Any person desiring to purchase or receive water from the Holland Water District shall apply to the Water Department upon forms provided by the Water Department.

§ 116-4 Payment of fees required.

[Amended 7-13-1988 by L.L. No. 2-1988]

No permit shall be granted for the installation, replacement or modification of water supply from the Holland Water District until fees for tapping mains, connections for service, rentals or other charges have been paid.

§ 116-5 Right of entry.

For the purpose of inspection, installation, maintenance, repair or meter reading or turning on or off service, authorized personnel shall have access at all reasonable times, and application and subsequent service shall be deemed consent to the same.

§ 116-6 Private service lines.

The installation and maintenance of private lines, excluding the mains and lines of the Holland Water District, shall be in accordance with the following provisions and specifications:

A. 

Inspection. No private service line from a Water District pipe or main shall be installed, altered, replaced or used until the same has been inspected and approved by the Water Department.

B. 

Street opening. No opening shall be made in any Town Highway except with the consent and approval of the Town Superintendent of Highways, upon such terms and conditions as he shall require, including the posting of a reasonable bond if, in his judgment, such bond is necessary. For this purpose, the Superintendent may prepare reasonable requirements for such opening to be filed with the Water Department.

C. 

Taps and connections. All connections to or taps of water mains for water service shall be made by the Water Department. A receipt for water service shall be made by the Water Department. A receipt for tapping fees shall be on file with the Water Department in advance of such connections and taps.

D. 

Line specifications. All private lines shall be installed, maintained, altered or replaced with material approved by the Water Department according to Water Department specifications.

[Amended 7-13-1988 by L.L. No. 2-1988]

E. 

Trenches. Service lines shall be laid out four feet below the established grade of the adjacent street or existing grade level, but, when impractical, the Water Department may grant a permit for another method.

[Amended 7-13-1988 by L.L. No. 2-1988]

F. 

Tapping point. The Water Department shall designate the point at which the water main is to be tapped and the position of the service pipe connection at the tap. The Water Department shall make necessary excavation for all taps, which shall be at least four square feet and not less than six inches below the main.

[Amended 7-13-1988 by L.L. No. 2-1988]

G. 

Replacement of tap. No new tap shall be made to a water main to connect with a service line which is intended to replace an existing line unless the existing line is properly disconnected at the tap to the water main. All expenses shall be borne by the applicant.

[Amended 7-13-1988 by L.L. No. 2-1988]

H. 

Maintenance. All outside service lines, pipes, outlets and fixtures shall be maintained in good order and repair, protected from frost, leaks and breaks, and must be promptly repaired to prevent waste of water. If the owner fails to observe these requirements, the Water Department shall repair or replace any of the above and assess the cost thereof against the real property affected, to be collected as part of water rent.

[Amended 7-13-1988 by L.L. No. 2-1988]

§ 116-7 Fees.

[Amended 12-12-1979; 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992]

Any person who desires to receive water from the Holland Water District shall, in connection with his application, pay the charge for the tapping of water mains. A copy of all current fees and charges is on file with the Town Clerk, and a copy of these fees may be obtained from the Town Clerk.

§ 116-8 Meters.

A. 

All meters used to measure water purchased from the Water District shall be supplied by the Water District. No meter shall be installed by the Water Department until payment of the fee specified at time of application. Each meter shall be installed by the Water Department after payment of the fee specified at time of application.

[Amended 2-14-1979; 7-13-1988 by L.L. No. 2-1988]

B. 

Installation. The Water Department will install and maintain the meter and meter coupling. Meters shall be set as nearly as possible to the point of entry of the service connection pipe to the building and kept easily accessible to Water Department employees at all times. The Water Department may require a meter to be set in a pit or box other than the customary location, at the expense of the applicant.

C. 

Permanent meter installation requiring a larger than one-inch meter shall be provided at the total expense of consumer, with a valve bypass around the meter and a valve spur pipe on the building side of the meter for test purposes. The design of such shall be approved by the Water Department before construction. The Water Department will test meters at regular intervals at its expense and replace defective parts, except when caused by frost, hot water or other external causes. The meter shall be sealed by the Water Department and controlled by it. No person other than an employee of the Water Department shall interfere with or remove any meter once placed in service by the Water Department.

[Amended 7-13-1988 by L.L. No. 2-1988]

D. 

Meter size. The Water Department shall determine the proper size of meter to be installed and shall have the right to change at any time to ensure proper operation.

E. 

Damage. Meters damaged by frost or external causes shall be repaired by the Water Department at the property owner's expense, based on cost.

[Amended 7-13-1988 by L.L. No. 2-1988]

§ 116-9 Charges.

A. 

Water rates shall be adopted annually or at any time by resolution of the Town Board.

B. 

All water supplied will be charged on a metered basis with a minimum charge.

C. 

Temporary rates. A charge shall be made for construction purposes during the erection of any business or dwelling, which charge shall be fixed by the Town Board. A current list of temporary rates is on file with the Town Clerk. Under no circumstances shall water be used for construction purpose contract unless properly metered.

[Amended 7-13-1988 by L.L. No. 2-1988]

D. 

Unusual conditions. The Water Department, with the approval of the Town Board, shall determine charges or rates in special cases to cover unusual conditions not covered by rules and regulations.

E. 

Billings. Billings will be quarterly. When access cannot be made for reading the meter, a prepaid card will be left to be filled out and returned within five days. If not returned, an estimated bill will be sent.

F. 

Owner responsibility. The Water District, upon written request from the property owner, will mail the bill to the tenant, but the owner will remain responsible for charges and penalties.

G. 

Outside uses. Town Board may enter into a contract for water to the users outside the district. The rate shall be specified in such contract.

H. 

Lien. All water penalties and charges shall be a lien on real property and such amount transmitted to the Erie County Legislature, who shall levy the same upon real property in default.

§ 116-10 Discontinuance of service.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

If a consumer wishes to discontinue service, the Water Department will, with 24 hours' written notice accompanied by the current fee (on file with Town Clerk), shut off service and render the final bill.

§ 116-11 Cross connection.

No person owning or occupying premises receiving water service shall make or allow to be made any connection, either of direct or indirect nature, between his piping system and a water supply from any other source or install or allow to be installed any fixture or appliance from which water may flow or be syphoned or be pumped into any piping connection to Town water system.

§ 116-12 District responsibility.

The Water Department will operate, maintain and, where necessary, replace all existing mains and appurtenances, fire hydrants and other facilities within the jurisdiction, except that repair or damage resulting from collision or any other external causes shall be paid by the person causing such damage.

§ 116-13 Unauthorized use.

No unauthorized person shall open or close any valve, hydrant or curb cock or interfere or meddle with any hydrant, etc., connected to the water system or the Town. No person shall, except with a permit from the Water Department, allow contractors, masons or any unauthorized person to take water from his premises or operate any valve connection with the distribution system.

§ 116-14 Fire hydrants.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Fire hydrants, except under special circumstances and with the permission of the Water Department, are for the emergency use of the fire companies of the Town furnishing fire protection. Tampering with or use of water from a hydrant is a violation. If a property owner wishes a hydrant moved, he shall bear all costs. Work must be done and approved by the Water Department.

§ 116-15 Liability of Town.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art. I.

The Town and the Water Department make no guaranties as to the amount of consistency of pressure or volume of water it furnishes and will under no circumstances be responsible for any loss or damage from any excess, deficiency or variations or for loss or damage caused by water escaping from or obstruction in the service line due to frost or any other cause as a result of water's escaping from pipes or fixtures owned by the consumer. The Water Department shall have the right to shut off water mains temporarily but will not be responsible for damage resulting directly or indirectly from such interruption. When it is necessary to shut off service, consumers will be notified as practical. Failure to notify shall not make the Water Department responsible.

§ 116-16 Water pressure safety devices.

Where boilers or other appliances depend upon pressure in the service line to keep them supplied with water, the owner or occupant shall place suitable safety devices to guard against water interruption.

§ 116-17 Limitation of use.

The Water Department may curtail the amount of water supplied if supply is limited. It may prohibit use for sprinkling lawns, gardens, etc. Where water is wastefully used on a consumer's premises, seriously affecting the general system, the Water Department may discontinue service to such premises. If conditions are not corrected within 24 hours after written notice has been given or if an emergency exists, no notice need be given.

§ 116-18 New roads.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Before any road shall be accepted by the Town Board as a Town highway, the person offering such road to the Town shall install in or along such road pipes or mains sufficient to provide water service to any or all dwellings or structures proposed to be erected along said road, provided that said highway is within an established water district. In lieu of installation, the person shall deposit security in addition to any other deposit or security sufficient for the future installation of such pipes and mains.

§ 116-19 Promulgation of rules and regulations.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

All rules, regulations and specifications shall be approved by the Town Board and filed with the Town Clerk and be available for the guidance of all applicants and users.

§ 116-20 Damage to equipment; turning on water without permission.

In addition to any other violations set forth, it shall be a violation for any person to cause damage to any water main, hydrant, storage tank, standpipe or any facility or equipment used in providing water service by the Water Department or for any person to turn on without permission of the Water Department any hydrant which is part of the system operated by the Water Department.

§ 116-21 Penalties for offenses; additional remedies.

A. 

Any person who violates these rules and regulations shall be deemed guilty and be punishable by fine not to exceed $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.

B. 

Where it is provided thereon that a violation of these rules and regulations or any part thereof shall result in a forfeiture or the imposition of a penalty, the Town Board may maintain an action or proceeding in any court of competent jurisdiction to collect such forfeiture or penalty and to compel compliance with the rules and injunction in any other legal manner.