[HISTORY: Adopted by the Town Board of the Town of Clarence 7-19-1961.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch.
67.
Dumps and dumping — See Ch.
87.
Excavations — See Ch.
93.
Public and private improvements — See Ch.
121.
Streets and sidewalks — See Ch.
189.
Subdivision of land — See Ch.
193.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Includes any structure or enclosure to which water is supplied, whether
the same is occupied or vacant.
PREMISES
Includes all places to which water is supplied, whether the same
are occupied or vacant.
SUPERINTENDENT
The person designated or appointed by the Town Board of the Town
to have charge of said Water Department.
TOWN WATER DEPARTMENT
The department of the Town having charge of the furnishing of water
either within or without the water districts.
The following rules and regulations shall be a part of the contract
of every owner of property or other consumer furnished water service by the
Town Water Department, and all persons now or hereafter receiving, accepting
and paying for said water service from the Town Water Department or who may
hereafter make application therefor shall be considered as having agreed to
be bound by the following rules and regulations of this chapter.
A. Applications for permits for water supply and for replacements
and modifications of existing installations shall be made to the Town by the
owner of the premises supplied, upon forms to be provided.
B. No permit shall be granted for the installation, replacement
or modification of water supply until the fees for tapping mains, connections
for service, advance rentals or deposits and all other authorized charges
have been paid.
[Amended 7-22-1992 by L.L.
No. 1-1992]
Free and full access to all parts of any premises supplied with water
by the Town or upon which an application has been made to the department or
to which Town water is believed to be supplied shall be granted at all reasonable
times to the duly authorized representative of the department bearing proper
credentials and identification for the purposes of inspection, installation,
maintenance and repair.
The installation and maintenance of all privately maintained water service
lines shall be in conformity with the following regulations:
A. No private service line from a Town water main shall
be installed, altered or replaced until the same has been inspected and approved
by the Water Department. A fee of $10 shall be paid to the Superintendent
of the Water Department upon filing each application for such inspection.
[Amended 7-22-1992 by L.L.
No. 1-1992]
B. No opening shall be made in any Town street except in
full compliance with the Town ordinances and upon the payment of fees and
the posting of bonds therein specified.
C. All connections or taps of water mains shall be made
by the Water Department, accompanied by a tap receipt 48 hours in advance
of making such connection or tap.
D. Private service lines.
[Amended 8-10-1966]
(1) Unless approval, in writing, has been given by the Water
Department for the installation and maintenance of a different or substitute
material, all private service lines shall be installed, maintained, altered
or replaced with copper K soft tubing, which shall conform to ASA No. H 23.1-1947
and ASTM Designation B88-51, of the following widths and thickness:
|
Service Line Width
(inches)
|
Thickness
(inches)
|
---|
|
3/4
|
.065
|
|
1
|
.065
|
|
1 1/4
|
.065
|
|
1 1/2
|
.075
|
|
2
|
.083
|
(2) The service line shall be laid not less than four feet
below the established grade of the adjacent street or existing ground level;
but where it is impractical to meet the department requirements by reason
of existing conditions, the Water Department may, upon application therefor,
grant a permit for some other method of installation.
E. All service lines shall be laid in a separate trench
at least three feet distant 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 except by special authorization of the Water Department
in extraordinary cases, including where solid rock is encountered.
F. The Water Department shall designate the point at which
the water main is to be tapped and also the position of the service pipe connection
at the tap. The Water Department shall make necessary excavations for all
taps, which shall be at least four feet square and not less than six inches
below the main.
G. No new tap shall be made to a water main to connect with
a service line which is intended to replace an existing service line unless
the existing service line is properly disconnected at its tap to the water
main. The expense of such disconnection shall be borne by the applicant.
H. Where a service line is abandoned, the service line must
be shut off at the tap and disconnected at the expense of the owner.
I. There shall be a separate and distinct tap for the service
of buildings or premises supplied with water. Where there are separate and
distinct establishments, such as stores or other places of business, within
one building or on the same premises, separate taps shall be provided for
each store or place of business. No private water system shall be interconnected
with the Town water system.
J. All outside service lines, building service pipes, outlets
and fixtures shall be maintained in good order and repair, protected from
frost, leaks and breaks, and must be promptly repaired if not in good order
to prevent waste of water. If the owner fails to observe these requirements,
the Water Department may shut off the water supply and assess the cost thereof
against the real property affected, to be collected as part of the water rent.
K. Type K copper only should be used for service lines.
No plastic will be allowed except in a three-inch or larger line.
[Added 10-25-1995]
[Added 10-25-1995]
Backflow preventers are required in all business buildings, and, as
new homes are built, a backflow preventer will be required. An expansion tank
will be required at the hot-water tank in all new homes and commercial buildings
built in the Town of Clarence. This includes Water District No. 5, which
is maintained by and approved by Erie County Water Authority. The customer
shall install only those backflow preventers approved by the New York State
Department of Health. A current list of devices approved for use in New York
State is available from the Erie County Health Department and New York State
Health Department.
[Added 10-25-1995]
Customers must contact the Water Department to turn water on or off
at the curb, not a plumber or homeowner.
A. Excavations and tapping.
[Amended 3-20-1963]
(1) The charges for excavation and the tapping of water mains,
exclusive of meter installation and costs, shall be as determined by the Town
Board from time to time and publicly posted in the office of the Town Water
Department.
(2) No tap to a four-inch and six-inch main shall be larger
than one and one-fourth (1 1/4) inches. A two-inch tap can only be made
to a main which is at least eight inches in diameter. By special authorization
of the Water Department in extraordinary cases, a different size or type of
tap may be permitted.
(3) If two taps in the same excavation are made for the purpose
of servicing two separate buildings or structures, the charge shall be as
for separate taps.
(4) Fee for tie-ins of tapping sleeve and valve and extensions
of any water mains for new subdivision, open development, fire service lines
or services in excess of two inches. A tap fee schedule shall be established
by the Town Board for the privilege of connecting into the existing infrastructure
of the Town of Clarence water distribution system.
[Added 8-26-1998]
B. Charges for meters; installation of meters.
(1) Water meters for the purpose of installation and use
in the Town system shall be purchased from the Town and installed either by
or under the direction of the Superintendent of the Water Department. A charge
for said meters shall be made at the time of application for service by the
consumer, said charge to be as determined by the Town Board from time to time
and publicly posted in the office of the Town Water Department.
[Amended 3-20-1963]
(2) Meter installation and maintenance.
(a) The Water Department will install and maintain meters
and meter couplings. Meters shall be set as nearly as possible to the point
of entry of the service connection pipe to the building and shall be kept
unobstructed and easily accessible to Water Department employees at all times.
In circumstances where the customary location of a meter is in excess of 70
feet distant from the property line of the premises, the Town may require
the meter to be set in a pit or box provided by and at the expense of the
consumer and located near the front property line of the premises. Readout
location for meter pits shall be four feet above ground level, mounted upon
a steel stake or other Water Department-approved mounting device.
[Amended 8-26-1998]
(b) Permanent meter installations requiring a two-inch or
larger size meter shall be provided, at the consumer's expense, with a valved
bypass around the meter and valved spur line on the building side of the meter
for test purposes. The design of such special meter setting shall be submitted
to the Water Department for approval before construction by the consumer is
undertaken. The Water Department will test meters at regular intervals to
determine their accuracy and will replace, at its expense, defective parts
in improperly operating meters, except where meters are damaged by frost or
hot water or from external causes. The meter shall, after installation, be
sealed by the Water Department, which shall thereafter have complete control
thereof. No sealed meter may be removed without a written permit from the
Water Department.
(c) No water meters are to be installed in a crawl space,
cubby hole, closet, etc. They must be accessible at all times.
[Added 10-25-1995]
(d) There must be a flared meter valve before the meter.
No sweated joints are allowed from the curb box to the meter.
[Added 10-25-1995]
(3) No tampering with meter. No person other than an employee
of the Water Department shall interfere with or remove any water meter, sealing
device or coupling from any meter installation after it has once been placed
in service by the Water Department.
(4) Meter size. The Water Department shall determine the
proper size of meter to be installed and shall have the right to change the
meter at any time it is necessary in order to ensure its proper operation.
(a) Where buildings or other improvements under construction
require a service connection larger than two inches, the Town of Clarence
shall require that the customer purchase and maintain, to American Water Works
Association (AWWA) standards, the meter, valves, strainers, backflow devices
and/or any other accessories, including the meter pit valve, to provide water
for the customer's needs.
[Added 10-14-1998]
(b) All meters within the Town of Clarence must be fire rated
and manufactured by the following companies specified by the Town for United
States distribution only: Neptune, Pro-Read and Compound. All services shall
require backflow prevention as established by the Town of Clarence and New
York State Health Department.
[Added 10-14-1998]
(c) Maintenance of defective meters must be done within 30
days of the discovery of a defective or suspected defective meter. Customers
will be notified by telephone and letter to the address of billing. If certified
calibration is not available, the defective meter must be replaced within
30 days. In the event that the meter is not calibrated (with certification
presented to the Water Department Superintendent) or replacement is not completed
within 30 days, an estimated bill based on previous usage will be generated.
The amount of the estimated bill will not be subject to negotiation.
[Added 10-14-1998]
(d) After a sixty-day period (or one billing cycle) the estimated
amount of usage shall be doubled. For each thirty-day period (or billing cycle)
thereafter, an unrepaired meter surcharge shall be applied to the current
bill amount as follows: double the estimated amount of usage plus 10% for
each thirty-day period (billing cycle) that the meter is left unrepaired.
[Added 10-14-1998]
(5) Damage to meters. Any meter damaged by frost or by hot
water or steam backing into the meter or by any external cause shall be repaired
by the Water Department at the expense of the property owner, and the water
service may be disconnected until such corrective action is taken to prevent
a recurrence of the incident which caused the damage. The charge for such
repairs shall be based on the cost of removing, repairing, testing and replacing
said meter, plus 15% for department overhead, transportation and use of tools,
and the minimum charge shall be as follows:
[Amended 7-22-1992 by L.L.
No. 1-1992]
|
Meter Size
(inches)
|
Fee
|
---|
|
5/8
|
$10.00
|
|
3/4
|
$15.00
|
|
1
|
$20.00
|
|
1 1/2 or larger
|
$25.00
|
(6) Testing meters. Consumers, upon request, may have the
meters serving their premises tested by the Water Department in their presence
or that of a duly authorized representative. If the meter so tested shall
be found to register not more than 103% of the amount of water actually passing
through it, a charge in the amount of $10 shall be paid by the consumer for
testing a meter one inch or less in size, and for meters larger than one inch
in size, the actual expense, including overhead, incurred by the Water Department
in removing, testing and replacing the meter shall be paid by the consumer.
[Amended 7-22-1992 by L.L.
No. 1-1992]
(7) Meter reading.
[Added 5-27-1987 by resolution;
amended 7-22-1992 by L.L. No. 1-1992]
(a) Employees of the Water Department bearing proper credentials
and identification, in the performance of their duties, shall be permitted
to enter the premises of any consumer at any reasonable hour to remove, replace,
repair or test the meter, to make a record of the quantity of water used,
to inspect the premises to determine the manner of water use or to enforce
the provisions of this chapter. If the Water Department is unable to read
a meter after two successive attempts, the charge will be estimated on the
basis of prior use in comparable periods and the difference adjusted when
the meter is again read. If the meter is damaged or fails to operate, the
bill will be based on the average use during prior comparable periods, unless
there is evidence that the use is not normal and the average use for comparable
periods is not properly applicable, in which case the charge will be estimated
by some other method which the Water Department considers equitable.
(b) For the purchase and installation of a remote reader,
the fee shall be $20.
(8) Any building over 150 feet from the front property line
is required to have a meter pit and remote readout. It must also have two
meter valves in the pit, one on either side of the meter. The meter pit must
be approved by the Water Department. Exceptions can be made at the discretion
of the Water Superintendent.
[Added 10-25-1995]
[Amended 7-22-1992 by L.L.
No. 1-1992]
A. Temporary discontinuance of service. If a consumer desires
to discontinue the use of water for a temporary period, the Water Department
shall be given at least 24 hours' notice, in writing, for turning off the
water and similar notice for turning it on again. If the temporary discontinuance
is during the winter months, the Water Department, upon such notice and request,
will shut off the service at the curb cock and remove and place the water
meter in its storeroom and will reinstall the same upon proper notice when
required; and a charge of $10 will be made to cover the expenses incurred
rendering this service.
B. Shutoff for permanent vacancy. If a consumer desires
to discontinue the use of water due to permanent vacancy, the Water Department
shall be given at least 24 hours' notice, in writing, accompanied by a fee
of $10, whereupon it will, at the time required, shut off the service and
will read and remove the meter for the consumer and will render a special
bill for the fractional period.
A. Special types of service connections.
(1) Fire service connections.
(a) A service connection for private fire-protection purposes
may be secured from the Town upon application by the owner of the property
involved. A drawing showing the proposed location of all valves, pipes, hydrants,
sprinkler heads and other appurtenances to be installed shall be submitted
with the application. The Water Superintendent will determine the necessity
and advisability of installing any fire service connection in view of the
size of the street main available, the existence of available fire hydrants
and the possible effect on the main pipe system if such a service line were
broken and open during a conflagration. Likewise, the Water Superintendent
will determine the proper size of each fire connection, which in no case shall
be larger than six inches in diameter. The cost of installation of such service,
including an approved type of check valve with a meter on a bypass located
in a pit or vault, if required, shall be borne entirely by the applicant.
An annual ready-to-serve charge, based on the size of the service connection
and payable in advance, shall be made as follows:
[Amended 7-22-1992 by L.L.
No. 1-1992]
|
Size of Service Connection
(inches)
|
Fee
|
---|
|
4
|
$40.00
|
|
6
|
$50.00
|
(b) A fire service connection, except as provided in this
section, will be subject to the same rules and regulations as apply to regular
service connections. No connection shall be made at any time between the fire-protection
system and the regular water supply on the premise or any other supply, regardless
of source, unless specifically approved by the Water Superintendent. A fire
service connection is exclusively for fire-protection purposes. The use of
water from this service for any other purpose whatsoever is prohibited. Any
violation of these provisions shall be sufficient cause for discontinuing
such service until reasonable assurance is given that the offense will not
be repeated.
(2) Service connections to supply lawn sprinkler pipe systems
will be permitted only where the use of water for that purpose will not adversely
affect regular service to neighboring consumers at periods of peak demand.
The size and arrangement of pumps, if any, valves, check valves and other
appurtenances shall meet the requirements of the Water Department.
B. Cross-connections. No person owning or occupying premises
receiving water service from the Town shall make or allow to be made any connection,
either of a direct or of an 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 or waste or soil pipe from which water may flow, be syphoned
or be pumped into any piping connected to the Town water system. Regulations
are available at the Water Department.
[Amended 5-26-1993 by resolution]
Where either hand excavation or excavating machines are used by contractors
or others in digging trenches for sewers, drains, gas mains and conduits or
in connection with any other underground excavation work, all water mains
shall be maintained in position at the expense of such persons or contractors.
Contractors or others working in the public street must ascertain for themselves
the location of all water service connection pipes. Where they are removed,
cut or damaged in the construction or repair of a sewer, drain, gas main or
conduit or in connection with any other underground excavation work, such
person or contractor must, at his own expense, cause them to be replaced or
repaired promptly, and he must at once notify the Water Department of the
interruption of service and must reimburse the department for any expense
to it in providing temporary service and in restoring regular service.
A. Installation and maintenance of distribution facilities.
The Water Department will operate, maintain and, where necessary, replace
all existing mains and appurtenances, fire hydrants and other facilities within
the territory of any street or any easement that is under the jurisdiction
of the Town, except that repair of damage to hydrants resulting from collision
or any other external cause shall be paid for by the person causing such damage.
B. Operation of waterworks facilities. No unauthorized person
shall open or close any valve, hydrant or curb cock or interfere or meddle
with any hydrant, valve, pipe or main, curb cock, meter or other fixture or
appurtenance connected with the water system of the Town. The Water Department
shall control all mains, taps, gate valves, street service connections, curb
stopcocks, curb and gate valve boxes and meters and may, whenever such facilities
are operated or interfered with in any way in violation of these rules and
regulations, discontinue the water service to the premises involved, which
action shall be in addition to the penalties provided for by this chapter.
No person shall, except with a permit from the Water Department, allow contractors,
masons or other unauthorized persons to take water from his premises or operate
any valve connected with the distribution system.
A. Fire hydrants are, except under special circumstances
and with permission of the Water Department, for the sole use of the various
fire companies of the Town furnishing fire-protection service. Tampering with
any fire hydrant or the unauthorized use of water therefrom is a violation
of this chapter. In cases where no other supply is available, permission may
be granted by the Water Department for temporary use of the hydrant. Permits
for the use of hydrants for filling sprinklers, sweepers, sprayers, swimming
pools and other equipment apply only to such hydrants as are designated for
such use. Such permit shall be granted for such time, under such conditions
and for such fee as the Water Department shall prescribe, consistent with
the paramount purpose of hydrants as instruments of public fire protection.
B. If a property owner or other party desires a change in
the location of a fire hydrant, he shall bear all costs of such change. Any
change in the location of a fire hydrant must be approved by and the work
must be done by the Water Department.
C. For fire protection, fire hydrants must be kept clear
of any and all obstructions including but not limited to fences, flowers,
trees, tree branches and buildings. The cleared area shall be a five-foot
radius from the center point of each hydrant. The Town Water Department will
give the property owner 10 days' written notice to remedy blockage of any
affected hydrant. If the blockage is not removed within said ten-day period,
the Town reserves the right to remove blockage or trim trees to allow for
operation of the affected fire hydrant without liability to the property owners.
[Added 8-26-1998]
A. The Town and the water districts make no guaranty as
to the amount or consistency of pressure or volume of the water they furnish
and will not under any circumstances be responsible for any loss or damage
from any excess, deficiency or variation in the pressure, volume or supply
of water or for loss or damage caused by water escaping from or obstructions
in a service line due to frost or any other cause or for any loss or damage
as a result of water escaping from laterals, fixtures, appliances or pipes
owned by consumers. The Water Department shall have the right to shut off
the water in the mains temporarily to make repairs, alterations or additions
to the plant or system, but the Town will not be responsible for damages resulting
directly or indirectly from any interruption of the water supply.
B. When it becomes necessary to shut off the water from
any section of the water system, the Water Department will endeavor to give
notice to as many of the customers affected thereby as time will permit and
will, so far as practicable, use its best efforts to prevent inconvenience
and damage; but failure to give such notice shall not make the Town responsible
or liable for any damages that may result either directly or indirectly from
shutting off the water.
In cases where boilers or other appliances in a premises depend upon
the pressure in the service line to keep them supplied with water, the owner
or occupant shall place suitable safety devices to guard against the possibility
of collapse or explosion when the water supply is interrupted. Likewise, such
owner or occupant shall protect water-cooled compressors for refrigeration
systems by means of high-pressure safety cutout devices and shall provide
means for the prevention of the transmission of water hammer or noise of operation
of any valve or appliance through his piping to any adjacent premises. Failure
of the owner or occupant to provide such safety devices shall in no wise make
the Town responsible for any resulting damage.
The Town shall have the right to curtail the amount of water supplied
in the event that its supply becomes limited. The Water Department, in case
of a shortage of water, may limit or prohibit the use of water for sprinkling
of lawns or gardens or for any purpose not deemed necessary for the maintenance
of public health. Where water is wastefully or negligently used on a consumer's
premises seriously affecting the general service, the Water Department may
discontinue the service to such premises if conditions are not corrected within
24 hours after giving such customer written notice; or, if an emergency exists,
it may discontinue service without notice.
A. Rates set by Town Board. The schedule of charges and
rates for water service shall be as adopted annually or at any other time
as determined by resolution of the Town Board, except that, if no action is
taken by the Board, the most recently adopted schedules shall continue in
effect.
B. Water charges. All water supplied shall be charged for
on the basis of the amount registered on the meters installed on the consumer's
premises, with a minimum charge as established by the Town Board. Where two
or more meters supply the same premises, the consumer, in addition to the
fixed charges for all meters, shall be billed at the schedule of rates for
a quantity of water equal to the sum of the readings of all meters on the
premises.
C. Charge for building purposes. A charge shall be made
for construction purposes during the erection of any dwelling or business
establishment, which charge shall be fixed by the Town Board when it adopts
the schedule of charges and rates herein provided for. For all other types
of construction, water use shall be metered.
D. A fine, in accordance with the Town of Clarence Code §§
223-10B and
223-19, shall be imposed upon any person, builder, contractor or property owner who turns on the water service of a building under construction, and the Town shall remove the service tap from the water main. The property owner or builder shall be required to pay a second tap fee to have the service reinstated.
[Added 8-26-1998]
The Water Superintendent, with the approval of the Town Board, shall
determine the charges and rates in special cases to cover unusual conditions
or types of service not contemplated in these rules and regulations or in
the rates and charges set by the Town Board for regular service. No consumer
will be allowed to supply water to other persons or premises and no owner
or occupant shall use water from another premises unless specified permission
has been obtained in each case from the Water Department. The Department has
the right to require, during a temporary period of emergency, that a consumer
allow it to connect an adjacent premises to such consumer's piping, but in
such case allowance will be made for any excess water registered on his meter.
A. Billing procedure.
(1) Checks for payment of water bills and water charges shall
be made payable to the Town Water Department. Meters will be read and bills
rendered at regular quarterly intervals. Bills for the previous quarter shall
be due and payable at the office designated on the bill.
(2) If a bill remains unpaid an unreasonable time after it
becomes due, the water will be shut off until such bill, together with an
additional charge of $5, is paid.
B. Owner responsible for payments. The Water Department,
upon the written request of a property owner, will mail the water bills to
the tenant or lessee using the water, but the owner shall remain responsible
for all charges provided for in this chapter, together with any penalties.
A. All water rents, penalties and interest thereon and all
charges for tapping, connecting and disconnecting and any other charges provided
by this chapter shall be a lien on the real property upon which the water
is used, and such lien shall be prior to every other lien or claim except
the lien of an existing tax.
B. The Town Clerk shall annually file with the Town Board
and the Supervisor the amount of any such liens which have not been paid at
the time and in the manner prescribed by the Town Board, with a description
of the real property affected thereby, and the Supervisor and the Board of
Assessors may include such amount in the annual tax levy and transmit such
statements to the Board of Supervisors, which shall levy the same upon the
real property in default.
[Amended 7-22-1992 by L.L.
No. 1-1992]
A violation of this chapter or any part or section thereof is hereby
declared to be a violation, punishable by a fine not exceeding $250 or imprisonment
not to exceed 15 days, or both. Where it is provided that a violation of this
chapter or any part or section thereof shall impose a penalty or forfeiture,
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 this chapter by injunction or in any other legal manner.