[HISTORY. Adopted by the Town Board of the
Town of Owasco 4-13-1988 by L.L. No. 6-1988. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 50.
Flood damage prevention — See Ch. 78.
Property maintenance — See Ch. 111.
Sewers — See Ch. 116.
Streets and sidewalks — See Ch. 122.
Subdivision of land — See Ch. 126.
Trailers and tourist camps — See Ch. 136.
Zoning — See Ch. 150.
This chapter shall be known as the "Water Use
Code of the Town of Owasco."
The purpose of this chapter is to promote the
general health, welfare and safety of the inhabitants of Owasco through
regulation, supervision and control of the water system and supply
of the Owasco Water District. It is hereby declared the policy of
the Town Board of Owasco by means of this chapter to provide such
regulation, supervision and control and to provide for the operation
and maintenance of the Owasco Water District.
In interpreting and applying the provisions
of this chapter, the following definitions shall prevail:
Includes any structure or enclosure to which water is supplied,
whether occupied or vacant.
Any connection, either of a direct or of an indirect nature,
between the piping system and the water supply.
Includes all places to which water is supplied, whether occupied
or vacant.
The person, group or department of the Town, appointed or
created by the Owasco Town Board, having charge of the furnishing
of water either within or without the Water District.
A.
No person, building or premises shall apply for or
receive water from the Owasco Water District except in accordance
with the provisions of this chapter. The provisions of this chapter
and any rules and regulations adopted hereunder shall be deemed a
part of any contract for the furnishing of water, and any person applying
for, receiving, accepting or paying for water service from the Owasco
Water District and/or the Water Department shall be considered, as
part of the consideration for receiving such service, as having agreed
to be bound by said provisions and rules and regulations.
B.
Any person who knowingly receives or knowingly permits
premises owned or occupied by him to receive water from the Owasco
Water District except in accordance with this chapter or said rules
and regulations shall be guilty of a violation of this chapter, punishable
as provided hereinafter.
Any person desiring to purchase or receive water
from or to connect into the Owasco Water District or any of its mains
or water transmission lines or for replacement and modification of
an existing installation shall apply to the Water Department upon
forms provided by the Water Department. Application shall be made
by the owner of the premises or his agent authorized in writing.
For the purposes of inspection, installation,
maintenance, repair, meter reading or turning on or shutting off water,
authorized personnel of the Water Department shall have free and full
access, at all reasonable times, to all parts of any premises supplied
with water from the Owasco Water District or upon which application
has been made to the Water Department or to which water is reasonably
believed to be supplied. Filing of an application shall, in addition
to the provisions of this section, be deemed consent to such access.
The installation and maintenance of private
service lines, excluding the mains and lines of the Owasco Water District,
shall be in accordance with the following provisions and specifications.
No private service line from a Water District
pipe or main shall be installed, altered, replaced or used until the
same has been inspected and approved by the Water Department.
No opening shall be made in any Town highway
except with the consent and approval of the Town Superintendent of
Highways upon such terms and conditions as he shall require, including
the posting of a reasonable bond if, in his reasonable judgment, such
bond is necessary. For this purpose, the Superintendent may prepare
reasonable requirements for such openings to be filed with the Water
Department.
[Amended 5-9-2013 by L.L.
No. 4-2013]
All connections to or taps of water mains for
water service shall be made by the Water Department. A tapping or
connection fee(s) may be established and adjusted by resolution of
the Town Board.
A.
All private lines shall be installed, maintained,
altered or replaced with Type K copper tubing which shall conform
to ASTM Designation 888, latest revision, of the following widths
and thicknesses:
|
Width
(inches)
|
Thickness
(inches)
| |
|---|---|---|
|
3/4
|
.065
| |
|
1
|
.065
| |
|
1 1/4
|
.065
| |
|
1 1/2
|
.072
| |
|
2
|
.083
|
B.
All joints in Type K copper-tube service lines between
the curb stop and meter shall be made with compression or flare fittings.
A.
The service line shall be laid out 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
requirement by reason of existing conditions, the Water Department
may, upon application therefor, grant a permit for some other method
of installation.
B.
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 line 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.
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.
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.
Where a service line is abandoned, the service
line must be shut off at the tap and disconnected at the expense of
the owner.
There shall be a separate and distinct tap for
the service of each premises supplied with water. Multiple taps to
any one premises may be installed upon application of the owner, at
the discretion of the Water Department.
All outside service lines, building service
pipes, outlets and fixtures shall be maintained in good order and
repair and 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.
All meters used to measure water purchased from
the Water District shall be supplied by the Water District, and no
meter shall be installed unless supplied by the Water District. Each
meter shall be installed by the Water Department.
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. The Water Department, in its rules and regulations,
may require a meter to be set in a pit or box other than the customary
location of the meter, which pit or box is to be provided at the expense
of the consumer and located near the front property line of the premises.
B.
Permanent meter installation requiring a three-fourths-inch
or larger size meter shall be provided at the consumer's expense.
Meters of two inches or more shall provide a valved spur pipe on the
building side of the meter for test purposes. The design of such special
meter settings 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, hot water or from
external causes. The Water Department shall thereafter have complete
control thereof. No meter may be removed without a written permit
from the Water Department.
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.
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.
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 incidence which caused the
damage.
B.
The charge for such repairs shall be based on the
cost of removing, repairing, testing and replacing said meter.
[Amended 5-9-2013 by L.L.
No. 4-2013]
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, the actual expense, including overhead,
incurred by the Water Department in removing, testing and replacing
the meter shall be paid by the consumer.
[Amended 8-11-2011 by L.L. No. 1-2011]
A.
Employees
of the Water Department, 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 Town is unable to access the premises to obtain a meter reading
after one year, a shutoff notice will be sent to the property. In
addition, there will be no monetary or usage credit for over estimates
when the Town has been unable to obtain a meter reading.
B.
Water
service may be discontinued by the Town for refusal of reasonable
access to the property for the purpose of reading, repairing, testing
or removing meters or inspecting water piping or other fixtures.
C.
No liability
for shutting off water. Neither the Water Department nor the Town
shall be liable for any damage which may result to any person or premises
from shutting off the water from any main or service, for any purpose
whatever, even in cases where no notice is given.
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.
All water supplied shall be charged for on the
basis of the amount registered on the meter or 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 and
consumer, 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 on all meters on the premises.
The Water Department 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 specific 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.
Checks for payments of water bills and water
charges shall be made payable to the Town of Owasco.
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.
The Town Board may enter into a contract or
contracts for the sale of water to users not within the Owasco Water
District Rates for such use shall be specified in each contract, provided
that such rates shall not be less than the rates established for users
within the District. In fixing such rates, the Board may consider
whether any such applicant is by the Owasco Water District as a property
owner within said District. Any contract for such service outside
the District shall require the party requesting such service to comply
with the provisions of this chapter.
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 Assessor shall include such amount in the annual tax levy
and shall transmit such statements to the County Treasurer, who shall
levy the same upon the real property in default.
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 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.
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, 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.
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.
B.
The Water Department 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 Department will determine the proper size of each fire connection,
which in no case shall be larger than eight inches in diameter. The
cost of installation of such a service, including an approved type
of check valve with 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 provided by the Town Board.
C.
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 premises or any other supply, regardless of source, unless
specifically approved by the Water Department. A fire service connection
is exclusively for fire-protection purposes. The use of water from
this service for any other purpose whatever is prohibited. Any violation
of these provisions shall be sufficient cause for discontinuing such
service until reasonable assurance is given that offense will not
be repeated.
All cross-connections shall be made in accordance with the requirements of the Town of Owasco Water Department as provided for in § 144-44.
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 person 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 expense, cause them to
be replaced or repaired in accordance with the requirements of or
directly by the Water Department 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.
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 Water District,
except that repair or damage resulting from collision or any other
external cause shall be paid for by the person causing such damage.
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
Owasco Fire District for furnishing fire-protection services. 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.
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 location of a fire hydrant must be approved
and the work done by the Water Department.
A.
The Town and the Water District make no guaranty as
to the amount or consistency of pressure or volume of the water it
furnishes 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.
B.
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 District will not be
responsible for damages resulting directly or indirectly from any
interruption of the water supply.
C.
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 consumers 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 or District 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 cut-out devices and shall provide means
for the prevention of transmission or 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 way make the Town responsible for any resulting damages.
The Water Department 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 of 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.
Before any road in the Water District, on a
subdivision or otherwise, shall be accepted by the Town Board as a
Town highway, the person offering such road to the Town shall install
in or along such road water pipes or mains sufficient to provide water
service for any and all dwellings or structures proposed to be erected
along such road. In lieu thereof and in addition to any other deposit
or security required for the acceptance of such road, the Town Board
may require a deposit or security for the installation of such pipes
or mains.
For the purpose of carrying out the purposes
and provisions of this chapter, the Water Department may prepare rules
and regulations not inconsistent with the specific provisions hereof,
which shall be complied with by all applicants for water service and
users thereof. Such rules and regulations and subsequent changes and
amendments to rules and regulations shall be approved by the Town
Board and shall be filed with the Town Clerk and shall be available
for the guidance of all applicants and users. Any person objecting
to the provisions of any such rules and regulations may file such
objection with the Town Board, which shall determine the effect thereon.
A.
In addition to any other violations set forth in this
chapter or any statute of the State of New York, it shall be a violation
for any person to cause damage to any water main, hydrant, meter or
metering equipment, storage tower, standpipe or any facility or equipment
used in providing water service by the Owasco Water Department or
for any person to turn on, without the permission of the Owasco Town
Board or a representative of the Owasco Water Department, any hydrant
which is a part of the water system operated by the Owasco Water Department.
B.
Any person who violates any provision of this chapter
which is declared to be an offense or violation shall be guilty of
a violation and shall be punished by a fine not exceeding $250 or
by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
C.
Where it is provided herein that a violation of this
chapter or any part or section thereof shall result in a forfeiture
or the imposition of a penalty, the Town Board may maintain an action
or proceeding in any court of competent jurisdiction to collect such
forfeiture or penalty and to compel compliance with this chapter by
injunction or in any other legal manner.
