[Adopted 6-11-1974 as Subpart 4, Div. 2,
1974 Code]
The purpose of this article is to establish
rules and regulations for water districts within the Town of Guilderland
and to establish rents, rates, penalties and minimum charges and to
grant to the Town Board of the Town of Guilderland the power to establish
rents, rates, penalties and minimum charges.
The procedures to be followed by owners of developments
in the Town of Guilderland, exclusive of Altamont, who propose to
install new water mains shall be in accordance with the rules and
regulations of the Department and as enumerated in the following sections:
A. The owner or his engineer shall furnish the Department
with two prints of the proposed overall development plan on which
are indicated the required water mains and appurtenances. The Department
shall also furnish to the owner the Department's requirements regarding
materials of construction and specifications for pipe, fittings, valves,
hydrants and appurtenances. After this plan has been approved by the
Department, one copy will be filed with said Department. Maps shall
be 24 inches by 36 inches in size, drawn to the scale of one inch
equals 50 feet.
[Amended 5-2-1995 by L.L. No. 6-1995]
B. Before the owner is ready to file his map with the Department of Health, he shall furnish the Department, for its approval, with a copy of the proposed map, on which will be indicated the size of the water mains and appurtenances along with construction specifications, in writing, which should be consistent with the requirements of the Department furnished under Subsection
A above.
[Amended 5-2-1995 by L.L. No. 6-1995]
C. The water mains will be installed under the supervision
of the Town-designated engineer and the Department, and upon completion,
one Mylar of as-built plans of the completed installation shall be
furnished the Department by the owner.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
D. Upon completion of construction, the entire water
system must be turned over to the Town. However, before the Town will
undertake to take over such water system so installed in private developments,
the developer must transfer its right, title, interest and ownership
to the Town for the normal consideration of $1 before it will undertake
to keep it in operation and repair. The Town must be furnished satisfactory
proof that either the streets in which the water mains are laid have
been dedicated and accepted by proper public authority or instruments
granting easements to the Town in a form to be recorded in Albany
County Clerk's office with a satisfactory title company certificate
showing the same to be executed by all owners and mortgagees or other
lienors, and that all valve boxes have been located and placed at
the right levels.
E. Upon satisfactory completion of the above sections,
the Department will then advise the New York Fire Insurance Rating
Organization accordingly.
[Added 7-12-2022 by L.L. No. 7-2022]
A. Purpose. The Town Board finds:
(1)
The Town's water system, including water resources, treatment
facilities, storage, distribution, and related appurtenances, provides
substantial benefit to the health, safety and welfare of the community
and, in particular, to properties that are benefitted by the water
system. The water system's unused capacity has economic value
because it will support a wide variety of new land uses and development
activity in the Town.
(2)
The water system is funded by use fees charged to properties
in the water district that provide financial support for operations
and maintenance and the cost of capital improvements. New users to
the water system will benefit from the existing capacity of the water
system and, by consuming this capacity, reduce the availability of
water and the useful life of mechanical components of the water system.
(3)
There is a future cost to be borne by new users of the water
system for their use of the existing capacity of the system. The Town
needs to develop a capital fund that can be used for the replacement
of equipment and any necessary expansions. To allocate equitably such
costs to the new and expanded users, this section imposes a fee on
new connection and expansion of existing connections that approximates
the cost to the water district to replace the capacity used by the
new or expanded user.
B. Definitions. For purposes of this section, the following definitions
shall apply:
AFFORDABLE HOUSING
Bedroom(s) that are reserved for residents that meet income-based
requirements under the State Low-Income Housing Tax Credit Program,
New York State HOME Program, and similar programs administered by
the New York State Homes and Community Renewal or US Department of
Housing and Urban Development.
BEDROOM
A room in a dwelling unit with a door for privacy, smoke
detector, closet, and NYS Building Code compliant egress window.
SENIOR HOUSING
Bedroom(s) in a facility for residents over the age of 55
years and/or disabled residents.
SUBSIDIZED SENIOR HOUSING
Bedroom(s) in a facility for residents over the age of 55
years and/or disabled residents and financed under Section 202 of
the Housing Act, 12 U.S.C. § 1701q, as amended, and similar
programs administered by the state or US Department of Housing and
Urban Development.
C. New water connection mitigation fee.
(1)
Each new connection to the water system or expansion from an
existing connection from a parcel within the water district shall
be charged a one-time hookup fee payable prior to issuance of a building
permit, with the fee amount established by resolution of the Town
Board from time to time based on study of the proportional costs of
increased maintenance and future capacity needs of the water system
based on projected water use.
(2)
For connections outside of the water district, an additional
charge will be required to compensate the water district for its embedded
costs. The purpose of the additional charge is to compensate the water
district for the value of its facilities that will now be shared with
properties outside the water district. Any water connection for a
parcel outside the water district to which the Town Board allows service
is subject to the rules set forth in this article.
(3)
The new user fees shall be deposited in a capital reserve for
the benefit of the water district to repair, upgrade or expand the
water system or for such other purposes allowed under law. The fees
may be modified from time to time by the Town Board as necessary to
ensure adequate funding is available for the long-term capital needs
of the water system.
D. No obligation. Nothing in this article constitutes a reservation
of capacity in the water system prior to payment of the required fees.
[Amended 6-1-1999 by L.L. No. 5-1999]
Unless otherwise provided herein, the violation of any provision of this chapter shall be an offense of the chapter, which will be punished by a penalty as set forth in Chapter
1, General Provisions, Article
III.
[Adopted 5-2-1995 by L.L. No. 6-1995]
For the purpose of this article, unless the
context or subject is plainly evident, the following terms used are
hereby defined as follows:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
An acceptable air gap, reduced pressure zone device (RPZ)
or double check valve assemble (DCV) as used to contain a potential
contamination within a facility.
ACCEPTABLE DEVICES
Those devices or assemblies found to be acceptable for containment
control in New York State in accordance with the Department of Health's
requirement as outlined in this article.
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present, which if introduced
into the public water system could be a nuisance to other water customers,
but would not adversely affect human health. Typical samples of such
substances are: food grade dyes, hotwater, stagnant water from fire
lines, lawn sprinkler systems in which no chemical additives are used.
AIR GAP SEPARATION
An unobstructed vertical atmospheric break from the lowest
opening of a water supply pipe or faucet and the flood level rim of
a receiving vessel. The differential distance shall be at least double
the diameter (2D) of the supply line. In no case shall the air gap
be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must
be carefully machined to have freemoving parts and assured watertightness.
The face of the closure element and valve seat must be bronze, composition,
or other noncorrodible material which will seat tightly under all
prevailing conditions of field use. Pins and bushings, shall be of
bronze or other noncorrodible, nonsticking material, machined for
easy, dependable operation. The closure element, e.g., clapper, shall
be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE CHECK VALVE ASSEMBLY (DCV)
An assembly with two, single, independently acting check
valves, including tightly closing shutoff valves located at each end
of the assembly and suitable connections for testing the watertightness
of each check valve. This device must be approved as a complete assembly.
The device shall be readily accessible for maintenance and testing.
APPROVED REDUCED PRESSURE ZONE DEVICE (RPZ)
A device incorporating a minimum of two independently acting
check valves and an automatically operated pressure differential relief
valve located between the two checks. During normal flow and at the
cessation of normal flow, pressure between these two checks shall
be less than the upstream (supply) pressure. In case of leakage of
either check valve, the differential relief valve shall operate to
maintain the pressure between the checks at less than the supply pressure.
The unit must include tightly closing shut-off valves located at each
end of the device, and each device shall be fitted with properly located
test cocks. This device must be approved as a complete unit. The device
shall be readily accessible for maintenance and testing and installed
in a location where no part of the device will be submerged.
BACKFLOW
A flow condition, induced by a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipes of the Town water supply from any source other
than its intended source.
BACKPRESSURE
The resulting backflow of contaminated, polluted or otherwise
unacceptable quality water from a plumbing fixture or other customer
source(s) into the Town's water supply system due to a greater pressure
within the customer's water system.
BACKSIPOHNAGE
The backflow of contaminated, polluted, or water of unacceptable
quality from a plumbing fixture or other customer source(s), into
the Town's water system due to a temporary negative or subatmospheric
pressure within the public water system.
CUSTOMER
A water user served by the Town's water system.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by the Town's system
throughout a customer facility.
CONTAMINATION
The presence in water of a substance (organic, inorganic,
radiological, or biological) that degrades its quality.
COUNTY HEALTH OFFICER
The Albany County Health Officer, his assistants, or authorized
deputies acting as, or any person appointed as, Health Officer of
the County of Albany.
CROSS-CONNECTION
Any unprotected connection between any part of the Town water
supply system and any source or system containing water or substances
that are or cannot be approved as safe and potable for human consumption.
HOSE BIBB VACUUM BREAKERS
A protective device that will provide back-siphonage protection
for portable hoses connected to exterior hose thread faucets.
MANAGER
The Manager of Water of the Town of Guilderland, or his authorized
representatives.
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a
moderate or minor hazard to the water system consumer.
PROTECTIVE DEVICE
Any of the following devices:
B.
Approved reduced pressure zone device (RPZ).
C.
Approved double check valve assembly (DVC).
D.
Hose bibs vacuum breaker.
SERVICE CONNECTION
The terminal end of a service from the Town water supply
at its point of delivery to the consumer. If a meter is installed
"service connections" means the downstream end of the meter. No unprotected
tare-offs from the service line ahead of any meter of backflow protective
device shall be permitted.
TOWN
The Town of Guilderland.
TOWN WATER SUPPLY
An approved water supply sold and delivered to consumers
through the water works system of the Town of Guilderland.
TOXIC SUBSTANCE
Any substance (liquid, solid, or gaseous), that when introduced
into the water system, creates or may create a danger of the health
of the consumer.
Each service connection from the Town water
supply shall be protected against backflow of water from the premises
into the Town water supply.
A. If the auxiliary water supply handled in a separate
piping and cross-connections are known to exist between the Town supply
and auxiliary which cannot be presently eliminated, the Town water
supply shall be protected by an approved reduced pressure zone device.
When the Town water supply may be contaminated, the Manager may order
the Town supply protect u by an air gap separation installed at the
service connection.
B. Toxic or hazardous substances.
(1) Toxic or hazardous substance under pressure. At the
service connection to any premises on which a toxic substance or material
dangerous to health, is or may be handled under pressure, the Town
water supply shall be protected by air gap separation. The air gap
separation shall be located as close as practicable to the property
line, and receiving tanks shall be entirely visible. If the conditions
cannot be reasonably met, the Town water supply shall be protected
by an approved reduced pressure zone device, providing this alternative
is acceptable to the Manager and County Health Officer.
(2) Toxic or hazardous substance not under pressure. At
the service connection to any premises on which a toxic substance
material dangerous to health is or may be handled, but not under pressure,
the Town water supply shall be protected by an air gap separation
or an approved (RPZ) reduced pressure zone device. The RPZ or air
gap shall be located as close as practicable to the property line
and all piping between the property line and receiving tanks shall
be entirely visible.
C. Nonhazardous substance. At the service connection
to any premises a substance that would be objectionable is handled
so as to constitute a cross-connection, the Town water supply shall
be protected by an approved double check valve assembly.
D. Sewage treatment plant and pumping stations. At the
service connection to any sewage treatment plant or sewage pumping
station, the air gap shall be located as close as practicable to the
property line and all piping between the water meter and receiving
tanks shall be entirely visible. If these conditions cannot be reasonable
met, the Town water supply shall be protected by an approved reduced
pressure zone device.
E. Fire systems. At the service connection to any premises
in which a fire protection system is installed, the Town water supply
shall be protected with an approved backflow prevention device in
accordance with the following classifications:
(1) Class 1: direct connection from public water mains
only; no pumps, tanks or reservoirs; no physical connections from
auxiliary water supplies; no anti-freeze or other additives of any
kind; all sprinkle drains discharging to the atmosphere, dry wells,
or other safe outlets: protection (min) double check valve assembly.
(2) Class 2: same as Class 1, except booster pumps may
be installed in the connections from the street mains. Booster pumps
shall avoid drafting so much water the water main is reduced below
20 p.s.i.: protection (min) double check valve assembly.
(3) Class 3: direct connection prom public water supply
main plus one of the following: elevated storage tanks; fire pumps
taking suction from above ground covered reservoirs or tanks; and
pressure tanks: protect (min) double check valve assembly.
(4) Class 4: directly supplied from public mains, similar
to Classes 1 and 2, and with an auxiliary water supply on or available
to the premises; within 500 feet of the pumper connection: protection
air gap or reduced pressure zone device.
(5) Class 5: directly supplied from public mains, and
interconnected with auxiliary supplies, such as pumps taking suction
from reservoirs exposed to contamination, or rivers and ponds; driven
wells; mills or other industrial water system; or where anti-freeze
or other additives are used: protection air gap or reduced pressure
zone device.
(6) Class 6: combined industrial and fire protection systems
supplied from the public water mains only, with or without gravity
storage or pumps: protection determined by the manager after repair
review of engineering drawings of the system.
F. Miscellaneous apparatus.
(1) Lawn sprinkling systems. At the service connection
to any permanently installed lawn sprinkling system, the Town water
supply shall be protected by an approved double check valve assembly.
The use of lawn sprinkling systems handling liquid fertilizers or
other chemicals is prohibited.
(2) Swimming pools solar collection units, boilers, etc.
that may directly or indirectly connect to the Town's water supply
shall be isolated with an appropriate backflow device as determined
in this article.
(3) Exterior hose bibbs. All exterior hose bibbs (faucets)
that are connected to the Town's water supply shall be protected from
backflow by the means of a hose bibb vacuum breaker.
It shall be the responsibility of each consumer
at his/her expense to furnish, install, test and maintain in safe
and working order any and all protective devices required in this
chapter. The Town shall not be responsible for any loss or damage
directly or indirectly resulting from or caused by the improper or
negligent installation, operation, use, repair or maintenance of,
or interfering with any protective device by any consumer or any other
person. It shall be the consumer's responsibility to install and maintain
as part of each backflow device installation properly sized water
expansion tanks to protect his/her individual plumbing system from
damage due to thermal expansion.
The consumer on whose premises any protective
device is installed shall have each device inspected annually. Each
device shall be repaired, overhauled, or replaced at the expense of
consumer whenever it is found to be defective. Records of such tests,
repairs, and overhauls shall be kept and a copy of such records shall
be forwarded to the Department on an annual basis. If successive inspections
reveal repeated failures in the operation of any device, the Manager
may require more frequent inspections. All test, repairs, and overhauls
shall be performed by a New York State certified backflow device tester.
If at any time the consumer fails to have any of the required inspections
made as required herein or make the above-described records available,
the Department shall have the right to inspect the device and the
consumer shall pay the cost thereof. The cost of any inspection made
by the Department shall be included as a part of the next ensuing
municipal water bill.
All presently installed devices which do not
meet the requirements of this article but were approved devices for
the purposes described herein at the time of installation shall not
be exempt from these regulations, unless the Department is assured
that the device will satisfactorily protect the Town's water supply.
Whenever an existing device is moved from its present location or
plumbing changes occur within the premises, a backflow prevention
device meeting the requirements of this article shall be installed.