Town of Clarkson, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Clarkson Town Board at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 106.
Swimming pools — See Ch. 119.
Zoning — See Ch. 140.

§ 134-1 Definitions.

As used in this chapter, the words and phrases listed below shall be deemed to have the following meanings:
APPLICANT
Any person making a request in writing for any service to be rendered or furnished by the Commission.
BUILDER, CONTRACTOR OR REAL ESTATE DEVELOPER
Any person owning or having an interest in a plot or tract of land, who applies for a supply of water to such premises, which is intended to be sold, conveyed or leased by said person to an owner or occupant.
COMMISSION
The Board of Water Commissioners.
CONSUMER OR CUSTOMER
The person legally or equitably responsible for payment of charges for water or other facilities and services furnished by the Commission.
OCCUPANT
The person actually in possession or control of any premises or part thereof who is a consumer.
OWNER
The person who has legal or equitable title to any premises.
PERSON
An individual, firm, association or corporation.
A. 
A property or location, whether or not occupied by a structure, and shall include the entire front footage thereof abutting on a street whereat the service of water is requested or furnished for any part thereof.
B. 
A building under one roof, owned or leased by one customer and occupied as one residence or one place of business.
C. 
A combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family or one corporation or firm as a residence or place of business.
D. 
Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family or one firm as a residence or place of business.
E. 
A building owned or leased by one customer having a number of apartments, offices or lofts which are rented to tenants and using, in common, one hall and one or more means of entrance.
F. 
A building two or more stories high under one roof, owned or leased by one customer having an individual entrance for the ground floor occupants and one for the occupants of the upper floors.
G. 
Garden apartments owned by one individual or firm and located in one common enclosure.
H. 
A motor trailer court owned by an individual or firm and located in one common enclosure.
PRIVATE FIRE PROTECTION SYSTEM
Water mains, pipes, hydrants, sprinklers and other facilities installed on private premises or on a public or private street or easement for the purpose of fire protection.
PRIVATE STREET
Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the legislative body of any Village, Town, City, county or the State of New York.
PUBLIC FIRE PROTECTION SYSTEM
Appropriate production, distribution and storage facilities, water mains, pipes, hydrants and other facilities installed in a street and used for the public protection of premises from fire.
PUBLIC STREET
Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of any Village, Town, City, county or the State of New York.
SERVICE CONNECTION
The facilities and equipment used to supply water to any premises and which are installed within the limits of the street between the main and the curb box shutoff of the premises to be served.

§ 134-2 Applicability.

The rules, regulations, rates, charges and fees herein prescribed shall be applicable to the supply of water and the furnishing of services and facilities by the Commission to its respective customers wherever permitted by law.

§ 134-3 Application for service; contract.

All applications for the use of water must be made in writing on forms provided by the Commission. On acceptance by the Commission, the application shall constitute a contract between the Commission and the applicant obligating the applicant to pay the Commission its established rates and charges and to comply with its rules and regulations.

§ 134-4 Existing main required.

Applications will be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the Commission to extend its mains to service the premises except as hereinafter provided.

§ 134-5 Separate applications required; submetering prohibited.

A separate application must be made for each premises as defined in § 134-1 hereof. Submetering will not be permitted.

§ 134-6 Application for temporary service.

Applications of builders, contractors, real estate developers and others for temporary water service will be accepted and temporary water service will be supplied, provided that it does not interfere with use of water for general purposes. The quantity of water taken for such purposes shall be determined by meter and shall be paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the Commission for all its expense in connection with providing the necessary temporary service connections.

§ 134-7 Past charges to be paid.

No agreement will be entered into by the Commission with any applicant for service until all charges due from the applicant for water or services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.

§ 134-8 Application to New York Water Resources Commission.

Whenever a person, municipal corporation or special improvement district shall make application to the New York State Water Resources Commission for its approval to take a water supply or an additional water supply from the Commission or from a municipal corporation or special improvement district which is then supplied by the Commission, the applicant shall file with the Commission, on or before making such application to the State Water Resources Commission, a true copy of its petition, maps, plans, engineering reports, exhibits and other papers filed with said State Commission in support of its application.

§ 134-9 Trailer court applications.

Whenever the owner or operator of a motor trailer court applies for the service of water to said court, there shall be furnished to the Commission a map or plan thereof showing its location, the estimated number of trailers and other structures to be served and the arrangement of roads, driveways and lanes affording access to and within the limits of said trailer court.

§ 134-10 Service connections.

A. 
Water service. Subject to any of the other applicable provisions of this chapter, upon written application for service by an owner or occupant of any property or occupant of any property abutting on any public or private street, and upon payment of the applicable charge for size service and/or meter to be installed, as prescribed in § 134-38, the Commission will, at its expense, install (unless installation has already been completed pursuant to a main extension agreement or otherwise), operate, maintain and, when it deems necessary in its sole discretion, replace, at its cost and expense, the service pipe connection between the main and including the curb box shutoff and furnish the appropriate size meter. It is further provided that easements acceptable to the Commission must be furnished at the applicant's expense where necessary for all water service installations. All service connections and all meters shall be and remain the property of the Commission.
B. 
Public fire-protection service.
(1) 
All hydrants installed as part of real estate developments, main extensions or subdivisions shall be installed by and at the expense of the developer and shall be installed under Commission specifications. All hydrants and hydrant connections so installed by or for a developer shall become and remain the property of the Commission. The Commission will maintain all such hydrants (whether installed for a municipality or developer) and replace them when necessary. The provisions of any contract in connection with the lease and operation of water facilities which contains provisions relative to hydrant installations shall be controlling where the terms thereof are inconsistent herewith.
(2) 
No hydrant shall be used for any purpose other than the extinguishing of fires, periodic tests of the fire-protection system or periodic drills by legally constituted fire companies. The Commission shall be notified in advance of the time of all tests and drills so that, if desired, the Commission may have a representative present. Such notification may be given in writing or by telephone to the principal office and place of business of the Commission.
(3) 
Proper fire officials shall notify the Commission within 24 hours after the use of a Commission hydrant for public fire protection in order that the Commission may inspect the hydrant and determine whether it has been returned to its proper operating condition. Similar reports shall be made of any unauthorized hydrant use observed by or reported to public officials.
(4) 
Changes in the location of an existing hydrant will be made, except where otherwise required by law, at the expense of the person, firm or corporation requesting such change in location, provided that any public body previously designating the location of the hydrant shall have consented in writing to such change.
C. 
Maintenance and replacement. The Commission, at its expense, will maintain and, when necessary, replace any service pipe connection from the main to the curb shutoff on all public and private streets. Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by customers for turning on or shutting off water supply but is for the exclusive use of the Commission.

§ 134-11 Applicant to install and maintain pipe.

At his own expense, the applicant shall install and maintain the service pipe from the curb box shutoff to the premises and two valves, the first to be located inside the building wall, the second valve adjacent to and on the house side of the meter, permitting control of the water supply. The valves shall be of a make and type approved by the Commission. For this installation and maintenance thereof, the customer shall employ a licensed plumber, and all work shall be performed in a manner satisfactory to the Commission. The minimum size materials, depth of cover and method of construction shall be the same as hereinafter specified for a service pipe installed by the Commission or a builder, contractor or real estate developer. If any defects in workmanship or materials are found, or if the customer's service has not been installed in accordance with such specifications or with the Commission's requirements, water service either will not be turned on or will be discontinued if such defects are not remedied.

§ 134-12 Pipe specifications.

A. 
All service pipes shall have a minimum cover of 4 1/2 feet. No service pipe shall be less in size than 3/4 inch inside diameter if installed on and after October 1, 1964.
B. 
The following materials shall be used on all services:
(1) 
United States Government specification Type K soft-tempered copper tubing shall be used on all services up to and including two-inch services, except as permitted by Subsection B(2) hereof.
(2) 
High-density, high-molecular-weight polyethylene (PE3306) tubing of a type and/or make and having such additional and further characteristics or specifications as shall then be approved by the Commission from time to time by resolution and on file in the Commission's principal office may be used on all service up to and including one-inch services in lieu of Type K copper tubing specified in Subsection B(1) hereof. Such polyethylene tubing shall have copper tube outside diameter and shall be flarable for use with standard waterworks brass flare fittings.
(3) 
All services larger than two inches in diameter shall be cast iron of quality equal to American Water Works Association standard specifications and of weight suitable for service under existing main pressure.
C. 
All connections of service pipes to a main with a ground cover of less than five feet shall be made on the side of the main so that such service pipes shall in no case have less coverage than the main. The Commission reserves the right in all cases to stipulate the size and type of service connection to be used.

§ 134-13 Winter provisions.

A. 
The Commission shall not be required to install any service lines or service connections between November 15 and April 15, except by special arrangement, in which case the customer shall pay for the excess over normal costs.
B. 
In those cases where a customer-owned service pipe or main is frozen, the thawing shall be done by the Commission at the expense of the customer. To avoid a recurrence, the Commission may order an examination of the customer's service pipe or main, and, if the same is not a depth of 4 1/2 feet, as required, the Commission reserves the right to require it to be so relocated before service is resumed.

§ 134-14 Easements.

Applicants for service shall deliver, without cost to the Commission, easements or rights-of-way when necessary for the installation and maintenance of the service lines and service connections. The Commission shall not be obligated to commence any construction until applicants have obtained for it satisfactory easements or rights-of-way or have agreed to pay such costs as may be incurred if, at their request, the Commission obtains such easements or rights-of-way, whenever these are required, from parties who are not applicants for service.

§ 134-15 Circumstances delaying service.

The Commission shall not be compelled to proceed with the installation of service lines and service connections under this chapter when circumstances beyond the control of the Commission prohibit such construction. Said circumstances include, but shall not be limited to, delays in delivery of materials, weather conditions, strikes, acts of God, etc.

§ 134-16 Meter required.

An individual meter and remote meters shall be required for each premises and for each separate service connection to a premises.

§ 134-17 Meter specifications.

A. 
The meter will be furnished and connected by the Commission as part of the service connection described in §§ 134-10A and 134-38. The Commission reserves the right in all cases to stipulate the size, type and make of the meter to be used on any connection.
B. 
Whenever possible, a meter two inches in size and under shall be set in the basement or utility room. The meter shall be located at a convenient point approved by the Commission so as to protect the meter and to measure the entire supply of water through the connection. When a meter cannot be set in the basement or utility room, it will be set near and inside the property line or in a place designated by the Commission, and all expenses incurred by the Commission in connection with its proper housing shall be reimbursed to the Commission. All meters shall be placed in locations readily accessible to Commission meter readers.
C. 
The Commission may require meters larger than two inches in size to be set near and inside the property line or in a place designated by the Commission, and all expenses incurred by the Commission in connection with their proper housing, including a bypass for testing, if required, shall be reimbursed to the Commission. All meters two inches or larger shall have a bypass for testing.
D. 
In all cases, irrespective of meter size, where the distance from the property line to the front wall of the building is greater than 75 feet, the Commission may require that the meter be set near and inside the property line.
E. 
When, due to special circumstances, it is necessary to set any meter within the territorial limits of a public street, all expenses incurred by the Commission in connection with its proper housing shall be reimbursed to the Commission. The meter will be furnished as part of the service connection described in §§ 134-10A and 134-38 and connected by the Commission. Meter housing located in public streets will be maintained and, when necessary, replaced at the expense of the Commission.

§ 134-18 Repair and testing of meters.

A. 
All meters and meter connections shall at all times remain the sole property of the Commission and shall not be interfered with in any respect. All meters will be maintained by and at the expense of the Commission so far as ordinary wear and tear are concerned, but the customer will be held responsible for damages due to freezing, hot water or other external causes. In case of damage, the Commission will repair the meter, if necessary, replacing it with another meter, and the costs shall be paid by the customer. The Commission recommends that the customer install, at his own expense, suitable equipment properly located to prevent backflow of hot water which may cause damage to the meter or other damage to the customer's plumbing.
B. 
Testing.
(1) 
The Commission reserves the right to remove and test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the accuracy of the meter, such meter will be tested by the Commission upon the request of the customer. The fee for testing such meters will be $5, payable in advance of the test. In the event that the meter so tested is found to have an error in registration to the prejudice of the customer in excess of 4% at any rate of flow within the normal test-flow limits, the fee advanced for testing will be refunded and prior water bills will be adjusted to correct such overregistration.
(2) 
Meters larger than two inches in size shall be tested in place at frequent intervals.
(3) 
The Commission shall not be liable for damages to any premises caused by flooding in connection with the testing or removal of any meter.

§ 134-19 Maintenance of meter.

It shall be the obligation of the customer to maintain and, when necessary, repair outside settings and meter pits on private property.

§ 134-20 Extension of mains.

A. 
Upon application for water service in areas not served by a Commission-owned or leased water main, the Commission will extend its mains or install necessary mains or permit a builder, contractor or real estate developer to extend or install necessary mains at the expense of the applicant, in accordance with the terms of a main extension agreement.
B. 
If the builder, contractor or real estate developer shall extend or install mains, he shall do so in accordance with a main extension agreement to be entered into with the Commission in form and substance and containing such terms as shall be satisfactory to the Commission. The builder, contractor or real estate developer will pay the charges for engineering review currently charged by the Commission.
C. 
Applicants for main extensions shall deliver, without cost to the Commission, permanent easements or rights-of-way when necessary or desirable in the opinion of the Commission for the installation and maintenance of the extensions or subsequent additions thereto. The Commission shall not be obligated to commence any construction or permit the applicant to commence construction or provide water service if construction has been completed, until the applicant either has obtained for the Commission satisfactory easements or rights-of-way or has agreed to pay such costs as may be incurred if, at the applicant's request, the Commission obtains such rights-of-way whenever the Commission deems such easements or rights-of-way to be necessary.

§ 134-21 Extension size and type.

The Commission reserves the right to determine and specify the diameter and type of pipe required to adequately provide the service requested and, subject to the requirements of municipal authorities, its location within or without the limits of a street. The Commission reserves the right to determine the minimum size of any service main. The Commission further reserves the right to install a main larger in diameter than the main required to render the service requested by applicant, in which case the Commission will pay the difference in cost. The Commission will install all mains where it is assuming part of the cost.

§ 134-22 Titles to mains.

Title to all main extensions by whomever installed, including without limitation service connections between main and curb boxes, shall be vested in the Commission, and the Commission shall have the right to further extend any main installed pursuant to the terms of the main extension agreement in and to other streets or premises without repayment or refund to any applicant. However, the Commission reserves the right to consider extensions made at the applicant's expense and without written agreement as service lines. Upon such lines, the Commission will set a meter at the beginning of the extension to measure all water used, and title to the line beyond the meter will be vested in the customer, who will be responsible for maintenance and replacement, when necessary. Title to mains and appurtenances installed by the builder, contractor or real estate developer shall vest in the Commission upon the completion thereof and the commencement of a regular supply of water into and through the main or mains by the Commission.

§ 134-23 Delay of service to mains.

When the Commission installs mains, the Commission shall not be compelled to proceed with the installation of mains under this chapter when circumstances beyond the control of the Commission prohibit such construction. Such circumstances include, but shall not be limited to, delays in delivery of materials, weather conditions, strikes, acts of God, etc.

§ 134-24 Maintenance of mains.

Subject to the terms of any main extension agreement, after the expiration of the applicable guaranty period, the Commission, at its own expense, will maintain and, when necessary, replace the Commission-owned or leased mains used to supply water to its customers, and, if adequate service requires the reconstruction or replacement of such mains, said mains will be reconstructed or replaced by the Commission at its expense.

§ 134-25 Deposits for service.

A. 
As security for payment Of bills, the Commission may require of any applicant or any customer to whom it may be supplying water a deposit approximately equal to 1 1/2 times the estimated average bill for the billing period, but in any case not less than $10. Deposits for applicants will be payable at the time of application, and, in the case of customers, upon demand. When service is discontinued and final bills paid, the deposit will be refunded without interest to the depositor.
B. 
Any customer whose account has become delinquent for a period of 10 days may be required to make a deposit with the Commission in the amount prescribed above as security for the payment of water bills.
C. 
Upon application for restoration of service by any customer whose water service has been discontinued by the Commission for nonpayment of a bill or charge for water or any other service or facility rendered by the Commission, such customer may be required to make a deposit with the Commission in the amount set forth above and, in addition thereto, to pay all bills and charges in arrears, together with a charge for restoration of service.
D. 
No interest will be paid by the Commission on deposits.

§ 134-26 Billing.

All bills are payable in accordance with the terms of the applicable service classification. If a new service is installed at any time during the billing period, the reduced period will be billed as if it were a full billing period, unless it is less than 30 days to the next reading date. In this case, the initial reading at installation will act as the prior reading for the following billing period, and no bill will be sent for the thirty-day period. When transfers of service arise from change of occupancy, a reading must be made for the date of transfer of occupancy to assure proper billings.

§ 134-27 Meter reading.

A. 
Meters will be read quarterly or monthly, and customers will be billed quarterly or monthly, at the Commission's option.
B. 
The quantity recorded by the meter shall be considered the amount of water passing through the meter, which amount shall be conclusive on both the customer and the Commission, except as hereinafter provided:
(1) 
In cases where it is found that the meter has ceased to register or has registered inaccurately, the quantity may be determined by the average registration of the meter in a corresponding past period when in order, except where it appears that there has been a change in occupancy of the premises or in the use of water, in which case an equitable adjustment shall be made.
(2) 
In cases where it is found that a reading cannot be obtained, an estimated bill will be rendered to the consumer. The quantity will be determined by the average registration of the meter in a corresponding past period, except where it appears that there has been a change of occupancy in the premises or in the use of water. In such cases, when a reading is obtained, a subsequent bill will reflect the actual consumption. Where the estimate is in error in excess of $10, an adjusted bill will be prepared to correct the erroneously estimated bill. Adjustments will not be made for lesser amounts, but approximate payments will be accepted and balances permitted to carry forward on such erroneously estimated bills.
(3) 
In all cases where a meter is found to be defective, the Commission shall immediately replace the same by a meter that has been tested and properly adjusted.

§ 134-28 Change of occupancy.

The customer shall notify the Commission of any change in occupancy. No adjustment of bills will be made by the Commission as between the owners or tenants. No rebate will be given for unoccupied premises unless notice of no occupancy is given as required in § 134-30 below.

§ 134-29 Payment.

All bills are due and payable net cash when rendered. In case any water bill or charges provided in and by this chapter shall not be paid within 30 days following the rendering of the bill, such bill shall be delinquent.

§ 134-30 Discontinuance of service at customer's request.

Any customer may discontinue water service by giving the Commission written notice not less than 10 days prior to the discontinuance, and all liability for charges for service rendered after the discontinuance of service, as herein provided for, shall cease.

§ 134-31 General service restrictions.

The Commission undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to customers, but reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes, and it is expressly agreed that the Commission shall not be liable for a deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever or for any damage caused thereby or for the bursting or breaking of any main or service pipe or any attachment to the Committee's property. All customers having installations upon their premises depending upon pressure in the Commission's pipes to keep them supplied are cautioned against danger of collapse, and all damage shall be borne exclusively by the customer.

§ 134-32 Approved piping required; protection against endangering water supply.

In the interest of public health, the Commission will not permit its mains or services to be connected with any service pipe or piping which is connected with any source of water supply not approved by the Department of Health of the State of New York. The Commission will also not permit its mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals or any other matter which might flow back into the Commission's service pipe or mains and consequently endanger the water supply.

§ 134-33 Emergency restrictions.

The Commission reserves the right, in periods of drought or emergency or when deemed essential to the protection of the public health, safety and welfare, to restrict, curtail or prohibit the use of water for secondary purposes, such as sprinkling, car washing or filling swimming pools, and shall have the right to fix the hours and periods when water may be used for such purposes.

§ 134-34 Discontinuance of service by Commission.

A. 
Water service may be discontinued by the Commission for any one of the following reasons:
(1) 
For use of water other than as represented in the customer's application or through branch connections on the street side of the meter or place reserved for meter.
(2) 
For willful waste of water by improper or imperfect pipes or by any other means.
(3) 
For molesting any service pipe, seal, meter or any other appliance owned by the Commission.
(4) 
For nonpayment of bills for water or services rendered by the Commission.
(5) 
For cross-connecting pipes carrying water supply by the Commission with any other source of supply or with an apparatus which may endanger the quality of the Commission's water supply.
(6) 
For refusal of reasonable access to the property for the purposes of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.
(7) 
For violation of the rules of the Commission as filed at the office of the Commission and the Monroe County Clerk's office.
B. 
Where two or more premises are now supplied with water through one service pipe, under control of one curb stop, if any of the parties so supplied shall violate any of the above rules, the Commission reserves the right to apply its shutoff action regulations to the joint service line, except that such action shall not be taken until the innocent customer, who is not in violation of the Commission's rules, has been given reasonable opportunity to attach the service pipe leading to his premises to a separately controlled service connection.

§ 134-35 Restoration of service.

When water service to any premises has been turned off upon the order of the customer, or for any of the above reasons, and service at any premises is again desired by the same customer, including seasonal customers, a charge of $10 will be made for the restoration of service, provided that the discontinuance of service has not required the removal of the Commission's equipment from the customer's premises and closing the curb stop or turning off the water elsewhere does not involve any unusual expense. If, however, it becomes necessary to shut off or disconnect the service pipe at the Commission's main, the charge to the customer for restoration of service will be the actual cost incurred by the Commission incidental to the disconnection and reconnection of the service pipe.

§ 134-36 Assumption of pipes to be in proper order.

Upon receipt of an application for a new service or for the reinstatement of an existing service, the Commission will assume that the piping and fixtures which the service will supply are in proper order to receive the same, and the Commission will not be liable in any event for any accident, break or leakage arising in any connection with the supply of water or failure to supply same.

§ 134-37 Prohibited acts.

A. 
No person shall injure or interfere with any equipment or building belonging to the Commission's water system, tamper with meters, divert water from mains, use water without permission or cut into any water pipe or main.
B. 
No person, except as specifically authorized by the Commission, shall take water from any public fire hydrant for any other use whatsoever than for fire purposes. The use of public fire hydrants for washing streets and flushing sewers is not permitted except upon specific authorization from the Commission, and for such uses the municipality or others will be billed at the meter rates set forth in the rate schedule. If water is used from public fire hydrants, without specific authorization from the Commission, the quantity so used will be estimated and the user will be billed at the meter rates set forth in said rate schedule.
C. 
The curb stop may not be used by the customer for turning on or shutting off the water supply except in the course of repairs being made by a licensed plumber.
D. 
Submetering will not be permitted.

§ 134-38 Fees for service.

Fees for water service are as set forth from time to time by Town Board resolution.