Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 131.
Excavations and topsoil removal — See Ch. 157.
Freshwater wetlands, water bodies and watercourses — See Ch. 179.
Sewers — See Ch. 241.
Subdivision of land — See Ch. 265.
Diversion of watercourses — See Ch. 301.
Zoning — See Ch. 307.
[Adopted 5-14-2002 by L.L. No. 4-2002[1]]
[1]
Editor's Note: This local law supersedes former Art. I, Water Conservation, adopted 7-20-1965, as amended.

§ 297-1 Title.

This article shall be known and may be cited as the "Water Conservation Law of the Town of Cortlandt."

§ 297-2 Legislative intent.

A. 
It is the intent of this article to restrict the inefficient and nonessential use of water and to provide for the enforcement of water conservation measures in the service area of the Northern Westchester Joint Water Works, including the Towns of Cortlandt, Yorktown, Somers, the Montrose Improvement District and all other users of its water, for the protection of the health, safety and welfare of its water subscribers.
B. 
The legislative intent of this article is to promote water conservation and to reduce the wasteful, inefficient and nonessential use of water during periods of water emergency, to establish penalties for violations and to provide for enforcement of water conservation measures in the Northern Westchester Joint Water Works and its members for the protection of the health, safety and welfare of the people receiving its water.

§ 297-3 Restriction on consumption.

A. 
During the effective period of this article, the following restrictions on water consumption shall apply.
(1) 
Persons or businesses located at even-numbered addresses may water lawns, shrubs, plants and gardens only on even-numbered days.
(2) 
Persons or businesses located at odd-numbered addresses may water lawns, shrubs, plants and gardens only on odd-numbered days.
(3) 
Persons and businesses located at addresses that are neither odd- nor even-numbered, such as numbers that end in a fraction or letter, shall follow the schedule for even-numbered addresses.
(4) 
This provision shall not apply to plant nurseries and other commercial water users engaged in the business of growing, distributing or selling plants, shrubs or trees, only with respect to the use of water on their business premises for watering such plants, shrubs or trees.
(5) 
Swimming pools shall not be filled on weekends.
(6) 
The use of water hoses for street cleaning is prohibited.
(7) 
Existing residential and nonresidential water users will be encouraged to install water conservation devices in all shower heads, sink faucets, urinals and toilets, regardless of whether such shower head, sink faucet, urinal or toilet was installed prior to the effective date of this article.
(8) 
All new residential and nonresidential water users will be encouraged to install water conservation devices in all shower heads, sink faucets, urinals and toilets, regardless of whether such shower head, sink faucet, urinal or toilet was installed prior to the effective date of this article.
B. 
The water-saving performance standards for shower heads, sink faucets, urinals and toilets shall be as follows:
(1) 
For shower heads, at a constant water pressure of 60 pounds per square inch, maximum flow shall not exceed three gallons of water per minute.
(2) 
For sink faucets, at a constant water pressure of 60 pounds per square inch, maximum flow shall not exceed three gallons of water per minute.
(3) 
For urinals and associated flush-valve devices, each flush shall not exceed 1.5 gallons of water per flush.
(4) 
For toilets and associated flush-valve devices, each flush shall not exceed 1.6 gallons of water per flush.
(5) 
All building water service line breaks shall be immediately repaired by the owner or person in control of the premises.

§ 297-4 Restrictions on consumption in declared emergency.

Whenever an emergency is declared by the Supervisor of the Town, the following restrictions shall be in full force and effect:
A. 
Upon receipt of a report or recommendation from the Director based upon factors, including, but not limited to, the levels of the Northern Westchester Joint Water Works' water supply sources, precipitation levels in the county and its watershed area and the time of year, the Supervisor may declare the existence of a water emergency in the area of the towns served by the Northern Westchester Joint Water Works at a level, as specified below, which, in the Director of the Joint Water Works and the Supervisor's opinions, is necessary or advisable to safeguard available water supplies.
B. 
Upon providing notice thereof by publication in the official newspaper of the member towns, the following restrictions on water consumption shall apply 24 hours thereafter and until further notice:
(1) 
Level One.
(a) 
The use of fire hydrants for any purpose other than fire protection is prohibited.
(b) 
The serving of water to patrons in restaurants, clubs or eating places, unless specifically requested by the customer, is prohibited.
(c) 
The operation of car washes, unless recirculating equipment is used, is prohibited.
(d) 
Ornamental or display use of water, whether or not such water is recycled water, including fountains, artificial waterfalls, reflecting pools, lakes and ponds, is prohibited.
(e) 
The use of hoses for street, driveway, sidewalk and automobile washing is prohibited, except as stated in Subsection B(1)(f) below. Automobile washing with a bucket is permitted.
(f) 
Watering of lawns and plants is prohibited, except that water may be used to irrigate vegetables and fruits grown for human consumption without restriction on maximum hours of use per day and at any time, from a hand-held container or from a hand-held hose with a spring-operated shutoff valve.
(g) 
Plant nurseries and other commercial users engaged in the business of growing, distributing or selling plants may, nevertheless, use, per day and at any time, such water on their business premises for watering shrubs, plants and trees.
(h) 
Watering of golf course fairways is prohibited.
(i) 
The use of water in the cleaning of exterior buildings is prohibited, except by permit issued by the local water districts.
(j) 
Leaks in consumer water connections shall be repaired within 48 hours.
(k) 
Water meters shall be installed on all air-conditioning cooling towers within 30 days. Air-conditioning units over two tons are required to have recirculating equipment.
(l) 
Swimming pools shall not be filled, except by permit issued by the local water districts.
(m) 
Any other restrictions as may be imposed by the City of New York DEP on any of the users of water supplied by the city.
(2) 
Level Two.
(a) 
Level One restrictions continue in effect.
(b) 
Golf course tees and greens, lawns and gardens shall not be watered, except that water may be used to irrigate, from a hand-held container only, vegetables or fruits grown for human consumption.
(c) 
Any other restrictions as may be imposed by the City of New York DEP on any users of water supplied by the city.
C. 
In addition to any restrictions set forth herein, any consumer of water from the water system of the Town shall be responsible for complying with any water restrictions as may be placed in effect and promulgated by the New York City DEP or the Westchester County DOH. Any violation of the restrictions promulgated by these agencies shall also be deemed to be a violation of this article.

§ 297-5 Termination and reduction of emergency.

If, at any time during the existence of a water emergency condition set forth in this article, the Director of the Joint Water Works, on the basis of a report or recommendation from the NYCDEP, determines that the restrictions imposed have resulted in a sufficient level of conservation in light of existing water supply conditions, the Director may recommend that the Supervisor reduce or terminate the restrictions then in effect, by declaration, upon providing notice thereof by publication in a newspaper of general circulation in the Town.

§ 297-6 Wells.

While the restrictions set forth herein are not mandated or applicable to those properties which are serviced by private wells, the Town Board finds that it would be appropriate for all property owners, who are serviced by private wells, to conserve water since the wells draw from the same limited aquifer and the preservation of the water and the aquifer during periods of drought is most important for the general public health, welfare and safety.

§ 297-6.1 Enforcement.

This article shall be enforced by the water departments, Town code enforcement officials, any police agency within the Town, and any other official authorized to enforce the local laws and ordinances of the Town.

§ 297-6.2 Penalties for offenses.

A. 
Any violation of the provisions of this article shall, upon conviction thereof, be an offense punishable by a fine of not less than $50 nor exceeding $100 for the first offense, not less than $100 nor exceeding $250 for the second offense and not less than $250 nor exceeding $500 for the third and every subsequent offense and/or imprisonment for a maximum of 15 days for each offense after the second offense.
B. 
Whenever any person, firm or corporation shall have been notified, in writing, by law enforcement officials, town code enforcement officials and/or representatives of the Northern Westchester Joint Water Works, that such person, firm or corporation is violating the provisions of this article or served with a summons or warrant accusing such person, firm or corporation of same, each day that such violation continues after such notification or service shall constitute a separate offense.
[Adopted 8-20-1991 as part of L.L. No. 1-1991]

§ 297-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AIR GAP
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood-level rim of the receptacle.
APPROVED
Accepted by the water district and by the Department of Health as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.
AUXILIARY SUPPLY
Any water source or system other than the water district water supply which may be available in the building or premises.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Backsiphonage is one (1) type of "backflow."
BACKFLOW PREVENTER
A device or means to prevent backflow.
BACKSIPHONAGE
The flowing back of used, contaminated or polluted water from a plumbing fixture or vessel or other source into a water supply pipe due to a negative pressure in such pipe.
BAROMETRIC LOOP
A loop of pipe rising approximately thirty-five (35) feet at its topmost point above the highest fixture it supplies.
CHARGES
Sums charged and paid for work, labor and services rendered by the district incident to a service connection, installation, replacement, removal or repair.
CHECK VALVE
An automatically operated device which is designed to permit the flow of fluids in one (1) direction and to close if there is a reversal of flow.
CONSUMER SERVICE LINES
The supply pipe with appurtenances extending from the curb stopcock to the inside of the wall of the building or premises supplied.
CONTAMINATION
See "pollution."
CROSS-CONNECTION
Any physical connection or arrangement between two (2) otherwise separate piping systems, one (1) of which contains potable water and the other water of unknown or questionable safety, steam, gases or chemicals whereby there may be a flow from one system to the other. See "backflow" and "backsiphonage."
DRAIN
Any pipe which carries water or waterborne wastes in a building drainage system.
FEES
Sums charged and paid for all applications filed with the Cortlandt Consolidated Water District.
FIXTURE, PLUMBING
Installed receptacles, devices or appliances supplied with water or which receive or discharge liquids or liquidborne wastes.
FLOOD LEVEL RIM
The edge of the receptacle from which water overflows.
HAZARD, HEALTH
Any conditions, devices or practices in the water supply system and its operation which create or may create a danger to the health and well-being of the water consumer. An example of a "health hazard" is a structural defect in the water supply system, whether of location, design, or construction, which may regularly or occasionally prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.
HAZARD, PLUMBING
Any arrangement of plumbing, including piping and fixtures, whereby a cross-connection is created.
HYDROPNEUMATIC TANK
A pressure vessel in which air pressure acts upon the surface of the water contained within the vessel, pressurizing the water distribution piping connected to the vessel.
MAINS or DISTRIBUTION MAINS
Pipes in the street which deliver the water to the service pipes attached thereto and which supply the premises of an owner.
METER
A mechanical device which registers and records the quantity of water supplied to the user.
OUTLET
The open end of the water supply pipe through which the water is discharged into the plumbing fixtures.
PLUMBING SYSTEM
Includes the water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes; building drains and building sewers, including their respective connections, devices and appurtenances, within the property lines of the premises; and water-treating or water-using equipment.
POLLUTION
The presence of any foreign substance (organic, inorganic, radiological or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
RATES
Sums charged and paid for actual water consumption.
REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTER
An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere, designed to prevent backflow.
SERVICE LINE
See "consumer service lines."
SERVICES
Intallations, repairs, turn-ons and turnoffs, replacement and removals.
STREET SERVICE CONNECTIONS
The supply pipe with appurtenances extending from the water main in the street to and including the curb stopcock or gate valve located in the area between the curbline or the edge of the traveledway and the property line in front of the premises supplied. The size of the "street service connection" is defined as the diameter of the pipe between the tap in the main and the curb stop or valve.
SURGE TANK
An open tank connected to the top of a surge pipe to avoid loss of water during pressure surges. A "surge tank" is usually connected to the pressure pipe leading water to the turbine at a water power station.
TAP
Drilling into a distribution main for the purpose of making a service connection.
USER
All authorized individuals, districts, municipalities, corporations or other entities drawing water from the district's system or the Montrose Improvement District or any other district duly authorized and existing pursuant to the laws of the State of New York or the laws and ordinances of any subdivision thereof.
VACUUM BREAKER, NONPRESSURE-TYPE
A vacuum breaker which is designed so as not to be subjected to static line pressure.
WATER DISTRICT
The Cortlandt Consolidated Water District and the Superintendent and employees of said district vested with the authority and responsibility for the enactment and enforcement of this Article. The Cortlandt Consolidated Water District shall hereinafter be referred to as the "district."
WATER, POTABLE
Any water which according to recognized standards is safe for human consumption.
WATER RULES AND REGULATIONS
The following rules and regulations as established by the district or as hereinafter amended or modified, which are hereby made a part of an any and all agreement or contracts entered into by said district with each and every consumer, builder, developer, taker or user of water furnished directly or indirectly from the water mains of said district with the same force and effect as though therein set forth in full.
WATERWORKS SUPERINTENDENT
The certified and duly appointed person directing the overall operation of a moderate-size water supply and sewage disposal system, including the performance of difficult maintenance and administration work, who does related work as required, and who is responsible for preparation and implementation of the water district budget.

§ 297-8 Applicability; rules and regulations.

A. 
Each and every consumer, user or taker of water from said district and each and every recipient of any permit, license and/or services from said district shall in all respects be bound by and shall be deemed to have agreed to the rules, regulations, requirements and schedules of water rates and other charges of said district as hereinafter set forth or amended or modified as a condition precedent to rights to service from said district.
B. 
The district reserves the right to make such changes in the rules, regulations and schedules of water rates and other charges as it may from time to time deem advisable.

§ 297-9 Use of water.

A. 
Application for service.
(1) 
All parties desiring the use of water from the mains of the district and/or the services of said district shall make application therefor on the form or forms prescribed by the district. Such application shall be duly executed by the record owner of the premises to be served and filed with the waterworks manager. All applicants shall also deposit with the waterworks manager a sum equal to the fees and charges hereinafter set forth.
(2) 
Upon the proper filing of an application and deposit of all proper fees and charges, the district shall review such application and may approve the same; provided, however, that upon such approval, no one other than the applicant shall make use of the district's water, services or facilities without the prior written consent of the district, nor shall such water, services or facilities be used in any manner nor for any purpose other than as set forth in such application as approved by the district without the prior written consent of the district, except as may be herein provided.
(3) 
All such applicants will be furnished with a meter from the district and pay for maintenance of the same at such rates as may from time to time be established by the Town Board.
B. 
Except in cases of fire or emergency, no person or person shall take water from the fire hydrants of the district for any purpose whatsoever without having obtained a special permit from the district, which permit shall be conditioned in accordance with the circumstances involved at the discretion of the district.
C. 
No one, other than a legally established water district taking water from the system of the district as a user, shall offer said water for sale to any other users or persons, nor shall any water district taking water from the system of the district sell, offer to sell, give or supply water to any other district or to any other person or entity engaged in the business of selling and/or supplying water.
D. 
The ordinances, rules and regulations of the district are part of the contract for water supply and should be read carefully and kept for future reference.
E. 
All installations, repairs and additions to the water supply system must be given access to the water supply system and plumbing system on any premises.
F. 
All meter readers, inspectors or agents employed by this district must be licensed plumbers or contractors duly bonded in favor of the district.
G. 
The owners of real property are liable for the water charges on such property, whether it is occupied by the owner or a tenant, and these charges shall become a lien upon the property in the event that they are not paid promptly.
H. 
Bills for water consumption will be mailed quarterly, but the district does not guarantee the delivery of bills. Any consumer finding an overcharge in his statement is requested to report the error before paying the bill so that it may be corrected.
I. 
When property is conveyed, notice of such conveyance, with the name and address of the party to whom the property is conveyed, must be sent to the district so that the changes of ownership may be noted on the records of the district.
J. 
The district assumes no responsibility for the freezing of mains or water systems on the consumer's property or for leakage occurring therein, nor will it assume any liability for damages resulting therefrom.
K. 
The district will appreciate being advised of any condition which requires the attention of the Board or its employees or of any suggestion which might tend to better the service.

§ 297-10 Control of system.

A. 
The district shall have control of the installation, maintenance, repair and adjustment of all taps, mains, curb boxes, service lines and meters.
B. 
The district shall not be liable to any of its users for any damage whatsoever, direct or indirect, that any of its users or consumers may sustain by reason of the shutting off or the interruption of the flow of water or reduction in the head at the Catskill Aqueduct or in the mains of the district, nor shall the district be responsible or liable for any other breaks, obstructions or interruptions in service arising from any cause whatsoever except that it will take such steps as are reasonable upon prompt notification to make such repairs as may be necessary to restore service. Users and consumers shall allow any and all agents, servants and employees of said district to enter upon their property to make such repairs as may be necessary to correct any of the foregoing conditions.
C. 
Service shall be controlled at the curb stop, and water shall be turned off and on only by employees of the district and only upon filing proper notice with the district. Violation of this rule shall be sufficient cause for discontinuing service.
D. 
The district shall not be liable for any damages which may be caused to any consumer's pipes, water lines, appliances, property, buildings, equipment or any and all other property, real and personal, belonging to any user or consumer resulting from the shutting off of the flow of water in his mains or service pipes for any purpose whatsoever, regardless of whether previous notice had been given of the same.
E. 
In cases where boilers, or other special equipment, are supplied with water, a suitable valve or other device must be installed to prevent collapse or explosion in case the water is shut off.
F. 
The district reserves the right to control the amount of water supplied in the event that the supply becomes short for any reason. It especially reserves the right at any time it is considered necessary to prohibit the use of water for the sprinkling of lawns or gardens or any other such purpose, including filling pools and washing motor vehicles.
G. 
The district does not guarantee service from the meter through the house or through any piping, valves or connections therein. Any necessary changes in piping, valves or connections to increase the water supply or efficiency must be made by the owner at his own expense.
H. 
The applicant shall be required to notify the district of any leak occurring in or damage to the service line in order to prevent the unnecessary waste of water. The cost of repairs to the service line between the curb stop and the meter shall be paid by the consumer. In case any such charge remains unpaid for more than one (1) month after presentation of the bill, the district will turn off the water at the curb stop, and it shall not be again turned on until all charges in connection therewith are paid, which charge includes the amount as stipulated in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file and available for inspection in the office of the Town Clerk.

§ 297-11 Connection services.

A. 
Within a reasonable time after the granting of the application and after the receipt of the required charges, the district will make the required tap. It will perform all work, including excavation, tapping and placing the pipe and fittings to complete the installation from the main to the curb box. This service shall be paid for at the rates established in Appendix 1.[1] The applicant shall make all excavation from the curb box to the proposed location of the meter and install the pipe fittings. The applicant shall pay for the meter installation in accordance with the rates as established in Appendix 1.
[1]
Editor's Note: Appendix 1 is on file and available for inspection in the office of the Town Clerk.
B. 
In case it is desired to secure water from the district mains to supply privately owned or constructed mains, it will be necessary that said privately constructed mains be dedicated to the district, together with easements over the land on which they are located. All privately constructed mains proposed to be dedicated to the district shall be constructed in accordance with plans and specifications approved by the district and under its supervision.
C. 
All such mains shall be dedicated to the district no earlier than one (1) year after their being put into service [within thirty (30) days after issuance of the last certificate of occupancy in the subdivision]. All services and/or taps related to said mains for the purpose of serving individual residences and individual metering shall be made by the private individual owner until the mains are accepted by the district. After the district accepts the mains, all services and/or taps related to said mains for the purpose of serving individual residences and individual metering shall be made by the district, and all charges and rates relative to the same shall be paid to the district.
D. 
No work shall be performed upon the district mains or upon the services connected thereto between the main and the meter except by the district.
E. 
Except within the written permission of the district, a separate tap and service shall be installed for each building located on a street in which there is a district water main, and no consumer will be allowed to supply water to other persons or premises.
F. 
After the application has been approved, the applicant shall excavate the trench necessary for the service pipe between the curb box and the meter. Such a trench shall be excavated to a depth which will provide at least four (4) feet of cover over the service pipe between the curb box and the meter. Such a trench shall be excavated to a depth which will provide at least four (4) feet of cover over the service pipe and shall be located in such a manner as to be as nearly as possible at the shortest distance at a right angle to the street line. Where this layout is not feasible because of solid rock or other reasons which the district considers adequate, it may grant permission to lay the line according to some other form of generally accepted good practice. If permission is granted to lay the line from the main to the building by a route other than a straight line at right angles to the main or front street line, the owner shall furnish to the district a plan, certified by a professional engineer or surveyor, showing the exact location of the line as installed with dimensions to a sufficient number of fixed points so that the line can be readily located at a future date. Upon completion of such work, the district shall be notified and shall cause an inspection to be made of the completed work. Upon approval of the same, the applicant shall cause the trench to be backfilled and properly compacted. Material used in such backfill shall be clean earth, free from stone and cinders, to a depth of at least eighteen (18) inches above the pipe. The remainder of the backfill shall be free from stones larger than six (6) inches in diameter and shall also be free from cinders and other deleterious material.
G. 
The minimum size service pipe to be installed shall have a diameter of three-fourths (3/4) inch, and in making the application, the applicant shall state the size of service desired.
H. 
Should a leak develop in the service line between the curb box and the meter, the district shall be immediately notified, in which case it will notify the homeowner of said leak and the repair will be made by owner.
I. 
No connection of any kind shall be made to the service pipe between the main and the meter.
J. 
In case it is desired to abandon the service, the district shall be notified and the service will be disconnected at the main. This work shall be performed by the district, and the expense thereof shall be charged to the owner.
K. 
No service pipe shall be installed which has a length greater than one hundred (100) feet as measured from the curb stop to the building. In those cases where the length of service exceeds one hundred (100) feet, the district will make a determination of the length of the service pipe and install a meter pit adjacent to the street line for the installation of the meter; however, the owner has the option of having a licensed plumber install a meter pit for taps over one (1) inch. The construction of the service line beyond such meter pit shall be at the expense of the owner.

§ 297-12 Applications for water service.

A. 
No person or corporation will be permitted to use the water of the district for any purpose without having first obtained written permission from the district.
B. 
Application for the introduction of water to any premises or for the extension of any pipe for the conveyance of such water shall be made upon a tap application form furnished for the purpose and signed by the owner of the property or his agent. Applicants for water service must present proof satisfactory to the district of ownership of the property and furnish a correct property description at the time of making application.
C. 
Applications for the use or installation of water or water facilities of the district shall not be acted upon, approved or accepted by the district until and unless the full amount of all fees, deposits and installation charges, as the same shall from time to time be fixed by the Town Board for the use of such water or water facilities, shall have been paid to the district.
D. 
Upon acceptance by the district of such application, said application shall constitute a contract between the applicant and the district obligating the applicant to pay to the district the established rate or rates as the same shall from time to time be fixed by the Town Board and shall constitute an agreement to comply with and be bound by the ordinances, rules and regulations of the district and amendments thereto. Such applications shall also constitute a consent by the applicant and consumer for all employees of the district to enter upon any property owned or leased by the applicant or consumer for the purpose of installing, inspecting, repairing or removing any or all meters, valves or pipes of the water supply system located thereon to read meters and to inspect or test the plumbing facilities on such property and the manner in which the water or service of the district is being used. Such application, when accepted by the district, shall constitute a waiver of any right or claim of right to the payment of damages occasioned by or attributable to the failure or interruption of the water supply, and the application signed by the consumer shall so specifically state.
E. 
New owners of property which has been previously furnished with water service by the town shall have no right to the use of water until an application has been made by such new owner, the application approved and accepted by the district and outstanding bills for prior water service, if any, together with costs or penalties, paid. No person who owes a bill to the district for service or charges at one premises shall be entitled to the use of water at any other premises until such bill, including penalties, is paid in full.

§ 297-13 Street service connections.

A. 
The district shall determine the size of the street service connection, including its various component parts. Street service connections shall be not less than three-fourths (3/4) inch in size and shall not be of such larger size as determined by the district to be required by the potential demand and the elevation of the premises.
B. 
A consumer service line shall not be smaller than the street service connection from which it extends, but may be larger. If such line is longer than required by the minimum front yard setback for the zone in which the premises are located, the district may recommend that the consumer install a sufficiently large diameter line on his property to hold friction losses to a minimum.
C. 
The pipe for street service connections shall be of Type K copper.

§ 297-14 Number of connections limited.

Only one (1) street service connection will be allowed for each building or group of buildings in a single property or holding, except that the district may allow or may require one (1) or more additional street service connections and meters if, in its judgment, unusual physical conditions or demands warrant them. The consumer, in such cases, shall pay the additional charges at the rates prescribed above for the various sizes of street service connections.

§ 297-15 Maintenance of street service connections.

The district will, at its expense, maintain, repair or renew street service connections up to and including one (1) inch in diameter supplying water to premises located inside the corporate limits of the town, except that curb boxes covered or broken by the consumer will be repaired at the expense of the latter, and except that if the requirements for water on a particular premises have increased beyond those for which the connection was originally installed, the town may require the installation of a complete larger street service connection at the expense of consumer. If a property owner desires to have his service connection enlarged, replaced or renewed because of lack of pressure or for any other reason, he shall first replace, at his expense, the portion of the service connection between the curb stopcock and the facility with pipe of the required size. If, in the judgment of district officials, the situation has not been adequately remedied, the district will then replace the portion of the service connection between the curb stopcock and the main. Street service connections serving premises located outside the corporate limits of the district shall be maintained, repaired or replaced by the owner of the premises served as required by the district.

§ 297-16 Maintenance standards.

A. 
General requirements. It shall be the responsibility of building and premises owners to perform required testing and to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order and to make no piping or other arrangements for the purpose of bypassing backflow devices.
B. 
Reduced-pressure-principle backflow preventers. Annual testing and inspection schedules shall be established by the district for all reduced-pressure-type backflow preventers. Testing shall be conducted by a licensed plumber, and the device shall bear an inspection certificate tag indicating the date of the latest inspection and the name and address of the plumber who conducted the test. The plumber shall file with the district on approved forms a report indicating the completion of the test and any repairs that were made. The testing procedure shall be in accordance with the device manufacturer's instructions. All devices shall be tested after their initial installation to assure that they have been installed properly and that debris resulting from the installation has not interfered with the proper functioning of the device.
C. 
Leaks. The district shall be notified immediately of any leaks between the curb box and the meter, in which case the district will repair said leaks and charge the cost of said repair to the owners if due to the fault or negligence of owners.
D. 
Curb box. It shall be the duty of the property owner to keep the curb box at the curb shutoff in such condition that the employees of the district may at all times have ready and convenient access thereto for the purpose of turning on and off the water supply to the premises using the same.
E. 
Abandoned service connection.
(1) 
If a consumer desires for any reason to abandon a service connection which has been used to furnish water service to any structure or fixture on his property, the tap to which it is connected shall be shut off at the main by the district, and the cost of all work in connection therewith shall be paid by the consumer.
(2) 
Should it be desired to resume the use of water, the district shall be notified, in writing, as to the time and place at which such service is desired, and the district will turn on the water at the curb box and reset the meter. The charge for such additional service will be stated in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file and available for inspection in the office of the Town Clerk.
(3) 
The charges for shutting off and turning on such service shall be in accordance with the rates as established in Appendix 1. No charge will be made for service during the period in which it is discontinued, as above set forth, except that the minimum charge as hereinafter established shall be made for any portion of a quarter year in which said service is in effect.

§ 297-17 Installations.

A. 
All installations shall be made at the expense of the consumer or owner of the premises and shall conform in all respects to the requirements and specifications established by the district from time to time and by these rules and regulations.
B. 
All permanent water services and all replacements of existing water services shall be installed in accordance with the requirements of the district and with the rules and regulations concerning backflow and cross-connections.
C. 
No more than one (1) premises or building shall be supplied through any single service line without the written approval of the district.
D. 
The district reserves the right to grant permits, upon written application therefor, for the installation of temporary service at a flat rate or to require that a meter be installed for such temporary service.
E. 
No contractor or plumber shall be permitted to tap mains. All tapping shall be done by an authorized employee of the district.
F. 
No person shall make any attachment to or connection with the pipes or mains of the district or make any repairs, additions, extensions or alterations to a water service pipe between the main and the meter or open any street for such work unless he is an authorized employee of the district or a contractor or plumber, licensed by the town and duly bonded in favor of the district as hereinafter provided, who shall have obtained a permit from the district and from the town authorities.
G. 
Any plumber or contractor making street openings or excavations shall take all precautions for the safety and convenience of the public and shall assume all responsibility and liability for injuries or damages resulting therefrom and shall save and hold the district, the Town Board, its agents and employees harmless from all liability for damages or injuries resulting therefrom.
H. 
Every approved contractor or plumber shall execute and file with the district a bond in the sum as set by resolution of the Town Board from time to time, with one (1) or more sureties acceptable to the Board, conditioned upon compliance with the rules and regulations of the district in connection with the performance of his work upon any facility owned by or which at any time in the future may be owned by the district, and further conditioned that he will indemnify and save the district, the town and the employees thereof harmless from liabilities and all damages and injuries resulting directly or indirectly from any installation, repairs, extension or use of the facilities of the district performed by him, and further conditioned that he will replace and restore to the satisfaction and approval of the appropriate government authority all streets and pavement removed by him in connection with the work performed. Such bond is to cover and insure the district, and shall name the town as an additional insured, against defective material or workmanship of such installation, repairs or improvements for a period of one (1) year from the date of inspection by the district as herein provided.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 297-18 Changes in ground elevation; excavations.

A. 
In the event that a change in ground elevation shall leave any service pipe inadequately buried or result in a curb box, meter pit or other appurtenances of the water facilities being projected above the ground or being covered with earth, the consumer shall, at his own expense, have such service pipe, curb box, meter or meter pit raised or lowered, as the case may be, so as to conform to all of the requirements of the district, this work to be performed by authorized persons only.
B. 
In the case where mains are installed under a contract with the district, all valve boxes and service lines shall comply with established grades before the district shall make refunds under any installment contract. Final adjustment of these appurtenances is the responsibility of the contractor.
C. 
Any contractor, plumber, municipality or public utility laying or installing appurtenances of any kind along any road or highway within the boundaries of the district or causing damage to any service lines or mains belonging to said district must, at his or its own expense, repair the same under supervision of the Town Engineer or other authorized designee or employee. Any service being so damaged or ruptured during or as a result of the above-mentioned work must be replaced with new pipe between any two (2) nearest shutoff points.
D. 
No plumber will be allowed to make any attachments to or alteration in any pipe by which water is supplied to consumers or to open the street for the introduction of service pipe without a permit from the proper authorities and the district.
E. 
Whenever any street or public grounds shall be opened for the purpose of laying any water pipe or fixtures, public safety and convenience shall be duly regarded and the street or public place shall be restored to its original condition as soon as possible; and whenever a trench is opened, bridges for safety of the public shall be provided, and if left open at night, such excavations and bridges shall be guarded with barricades and lights shall be displayed to protect the public, all subject to the approval of the highway authorities.

§ 297-19 Responsibility for service lines and appurtenances.

A. 
Consumers are responsible for keeping their own water pipes and appurtenances in good repair and free from frost and, including the connection on the consumer's side of the curb stop, at their own expense.
B. 
The district will, upon request of any person, firm or corporation, attempt to locate an existing water main for the purpose of making an excavation for a water tap. In granting such request, the district assumes no obligation or liability in connection therewith due to inability to locate such main, and the applicant by making such request expressly assumes all responsibility to his agent or employees in the event of such inability to so locate the main.
C. 
The maintenance and renewal of all supply piping from the outlet side of the curb stopcock is the responsibility of the property owner. If the district shall determine that a consumer service line is in need of repair or that an entirely new line shall be constructed on account of leaking, corrosion or other cause, the consumer shall, upon notice and order from the district, make such repairs or installations as are required. In the event of failure on the part of the consumer to initiate the making of such repairs within three (3) days after said notice has been given, the water may be shut off until the requirements of the district have been complied with.

§ 297-20 Consumer service lines.

Consumer service lines shall be Type K copper and shall be not less than three-fourths (3/4) inch in internal diameter.

§ 297-21 Inspections; discontinuance of service.

A. 
No water shall be introduced into the consumer service lines upon any premises until and unless the portion of the service line from the main to the meter pit and the meter pit shall have been inspected and approved, prior to backfilling, by an authorized employee of the district.
B. 
Whenever it shall be found that a service installation has been made in any manner other than that approved by the district, the meter may be removed and the service discontinued. Service shall not be resumed until the installation is properly made and approved and all expenses, charges and deposits shall have been paid by the consumer or owner of the premises.

§ 297-22 Laying of service lines.

A. 
All service lines shall be laid in a separate trench at least two (2) feet horizontally from any other underground facility and in solid ground. The placing of water service lines in the same trench as that occupied by sewer pipe, gas pipe or other utility lateral connections will not be permitted.
B. 
All water mains and service pipes shall be laid at least four (4) feet six (6) inches below the surface of the ground.
C. 
No water service pipe may be laid within twenty-four (24) inches of any gas pipe or electric line or within ten (10) feet of any cesspool drain or sewer pipe or any pipe connected thereto. No drainage into a water pipe trench will be permitted. No service pipe or valve shall be installed in a driveway unless authorized by the district.

§ 297-23 Location of curb stops.

The curb stop shall be installed between the curb and the sidewalk where practicable. Where no sidewalk exists, the curb stop shall be located one (1) foot outside the street property line.