[HISTORY: Adopted by the Town Board of the
Town of Guilderland as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
All applications for the use of water in the Town
of Guilderland (hereafter referred to as the "Town"), must be made,
in writing, on a form provided by the Department of Water and Sanitation
(hereafter referred to as the "Department"). On acceptance by the
Department, the application shall constitute a contract between the
Town and the applicant obligating the applicant to pay the Town its
established rates and to comply with the rules and regulations.
B.
Applications of contractors, builders and others for temporary service will be accepted, written permits will be issued and temporary water service will be supplied providing it does not interfere with use of water for general purposes, and that the use of water from any hydrant shall be strictly in accordance with § 272-7B of this chapter. Customers requiring temporary service shall reimburse the Department for its expense in connection with providing the necessary temporary service connection, and a deposit specified by the Department may be required.
C.
No agreement will be entered into by the Department
with any applicant for water 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.
D.
Acceptance and/or approval of the water service application
of any new applicant or the providing of increased service to any
existing water user: requiring water for other than normal domestic
purposes; requiring daily quantities of water which, in the opinion
of the Department, are excessive as to total daily quantity or rate
of use during any portion of the day; whose requirements for water,
in the opinion of the Department, will in any way limit the ability
of the particular water supply and distribution system to provide
satisfactory water service to all then-existing water users, shall
be subject to the review and approval of the Department. Where necessary,
in the opinion of the Department, the applicant shall provide at his
own expense such water conservation, storage or flow-limiting facilities
or such other devices necessary to obtain the approval of the Department.
The Department reserves the right to refuse or limit service to any
new applicant or existing water user if the foregoing requirements
are not met to the Department's satisfaction.
[Amended 5-2-1995 by L.L. No. 6-1995]
A.
As security for payment of bills, the Department 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. In case the billing period is
changed and/or the estimate of the amount of the bill is found substantially
incorrect, an adjustment shall be made in the deposit to suit the
condition. Deposits of applicants will be payable at the time of application
and of customers upon demand.
B.
When service is discontinued and final bills are paid
or when the customer has established satisfactory credit in the judgment
of the Department, the deposit will be refunded to the depositor.
A.
Who can make installations and requirements.
(1)
No person shall make any attachment with the mains
of the Town nor may make any repairs, additional to or alterations
with the service waterlines unless he be authorized by the Department.
(2)
A separate service line shall be required for each dwelling or commercial building as specified under Subsection E. In cases of multiple occupancy, the size and number of separate service lines required shall be at the sole discretion of the Department.
(3)
Any existing consumer in violation of these requirements
may be notified on 30 days' written notice from the Department to
conform to this regulation.
B.
Openings in public ways.
(1)
Whenever a property owner, contractor or subdivision
developer has to open a trench on any Town road, he must obtain from
the Town Highway Superintendent a road-cutting permit.
[Amended 4-10-1984 by L.L. No. 6-1984]
(2)
Public safety. Whenever any street or public grounds
shall be opened for the purpose of making a connection with the mains
or for laying any waterlines or fixtures, the public safety and convenience
shall be duly regarded and the street or public place shall be restored
to its original condition as soon as possible; and whenever a trench
is opened, bridges for the safety and convenience of the public shall
be provided and, if left open at night, such excavations and bridges
shall be guarded with barricades, and lights shall be displayed to
warn and protect the public. The application must contain from the
Highway Department the required permit and display the same in the
Town of Guilderland.
C.
Ownership.
(1)
At his/her own expense, the applicant shall install
from the curb box to the meter on the premises a service line and
service connections, all to be approved by the Department. Every service
line must have a stopcock of an approved type at the property or easement
line and be provided with an iron curb box and cover. This stopcock
may not be used by the customer for turning on or shutting off the
water supply but is for the exclusive use of the Department.
(2)
The service line and service connections from the
curb box to the meter shall at all times remain the sole property
of the applicant, in whom title thereto shall vest. All service lines
installed shall have no sweat joint between the curb box and the meter.
D.
Maintenance and replacement.
(1)
The customer, at his/her own expense, will maintain and protect from freezing and when necessary replace such service line and service connections, specifications for which are contained in Subsection E.
(2)
Should a leak occur in a service line, the owner shall
forthwith cause the same to be repaired at his/her own expense. Should
the owner fail to effect such repair after two days' written notice
from the Department, the district will cause the water service to
be discontinued until such repair has been made.
E.
Service line specifications.
[Amended 4-10-1984 by L.L. No. 6-1984]
(1)
All service lines shall have a minimum cover of 60
inches below the surface of the ground, and in no case will any waterline
be allowed to be laid in any sewer or drain trench, nor will any drainage
into a waterline trench be permitted.
(2)
All service lines shall not be less in size than three-quarter-inch
inside diameter and shall be United States Government Specification
Type K soft-tempered copper tubing with only mechanical joints underground;
over 100 feet: one inch minimum in size is required. For service three
inches in diameter, or larger, ductile iron double cement lined class
52 pipe of quality equal to American Water Works Association or federal
specifications, and of weight suitable for service under a pressure
equivalent to at least 350 pounds per square inch are required. The
Department reserves the right in all cases to stipulate the size and
type of service lines to be used.
F.
Service connection specifications and rules.
(1)
All tapping shall be performed under the supervision
of the Department. No tapping will be done after November 1 and before
April 1 unless weather permits at the discretion of the Department.
(2)
The curb stop and box will be placed at the easement
or property line.
(3)
No outlet through which water can be taken between
the meter and the district's main in the street will be permitted.
(4)
No red or white lead will be permitted to be used
on joints between the meter and the main.
(5)
No one shall leave the stopcock open nor allow the
water to run on the premises after making any new connection with
the street main or after making any new extension or attachment in
unoccupied premises, but in cases where the work is a simple extension
or additional attachments on consumer's side of the meter, in places
where the water is then in use, the installer may leave the water
on.
(6)
Except on the pipes on the consumer's side of the
meter, no additions or alterations whatever in or about public or
private water pipes shall be made by any person until application
therefor has been made to the Department and a written permit given
therefor.
(7)
When the supply of water to any premises has been
turned off by the direction of the Department, service shall only
be returned by and with the authority of the Department.
(8)
If any building is razed, moved or abandoned, it will
be the responsibility of the owner or authority which requires such
razing, moving, abandonment or other modification by virtue of public
improvement to notify the Water Department to remove the meter. The
owner shall discontinue the water service line by physically removing
the service line connection at the corporation valve and replacing
it with a brass plug or other approved method, under the supervision
of the Water Department and/or agent.
[Amended 5-2-1995 by L.L. No. 6-1995]
G.
Underground sprinkler systems. Underground sprinkler
systems will be allowed under the following conditions:
[Amended 4-10-1984 by L.L. No. 6-1984]
(1)
Application for permission for installation must be
filed with the Water Department.
(2)
The applicant must file a set of plans for approval
before installation begins.
(3)
A New York State Health Department approved (backflow preventer) must be installed as contained in Article II, Cross-Connections.
[Amended 5-2-1995 by L.L. No. 6-1995]
(4)
An electrical timer device must be installed to control usage of sprinkling systems. This must conform with the rules and regulations as set forth in § 272-7H.
[Amended 5-2-1995 by L.L. No. 6-1995]
(5)
The underground sprinkler system will be inspected
by this Department before the system is put into operation. An inspection
fee as set by resolution of the Town Board from time to time for residential
and commercial will be charged.
[Amended 5-2-1995 by L.L. No. 6-1995]
(6)
A thermal expansion tank shall be properly sized and
installed on the cold waterline as part of each installation unless
otherwise approved by the New York State registered professional engineer.
[Added 5-2-1995 by L.L. No. 6-1995]
(7)
The use of an automatic rain shutoff gauge shall be
installed.
[Added 5-2-1995 by L.L. No. 6-1995]
H.
Car washes. Commercially operated car washes attached to the municipal
water supply are prohibited unless the Superintendent of Water and
Wastewater Management determines in writing that the proposed car
wash uses a water recovery system or other technologies to satisfactorily
reclaim and preserve water. Water may be supplied for drinking and
sanitary facilities.
[Amended 3-19-2019 by L.L. No. 3-2019]
I.
Swimming pools.
(1)
Regulations for the use of municipal water in swimming
pools shall be as established by the Department as the restriction
needs dictate.
(2)
Any swimming pool utilizing over 1,000 gallons of
water, whether located above or below ground, in any of the public
water districts of the Town shall have an adequate filtration and
recirculation system.
(3)
Before a pool of 1,000 gallons or more capacity located
within any or all public water districts of the Town of Guilderland
shall be filled with water from the public supply, a permit for this
purpose shall be requested from the Department which shall stipulate
on what date and between what hours such filling shall take place.
Such date and times are to be determined by the Department, and such
determination shall be made on the basis of when such use of the water
will constitute the least strain on the water supply system. When,
in the opinion of the Department, such restriction is unnecessary,
the filling permit may be waived.
[Amended 5-2-1995 by L.L. No. 6-1995]
J.
Air-conditioning, refrigeration and heating units.
(1)
All air-conditioning, refrigeration and heating units
connected to the public water supply must be of an enclosed fully
recirculating pressure type.
(2)
Existing units or installations heretofore installed
(this chapter was adopted July 14, 1970) and not of an enclosed fully
recirculating type shall be converted to conform to this chapter within
five years from the effective date of this chapter.
A.
An individual meter shall be required for each separate
service line to a premises. The users of water shall at no time tamper
with the meter. Any tampering with the water meter shall constitute
a violation of this chapter.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
B.
All water meters will be purchased from the Department
of Water and Wastewater Management, except as set forth hereafter.
All meters will be purchased at the owner's cost. The water district
will be responsible for installation, removal, maintenance and testing
of said water meters, and all water meters will become water district
property. Subdivision developers (those developing three or more lots)
shall purchase water meters directly from a supplier, which water
meters shall conform to the Water Department specifications for said
water meters.
[Amended 5-2-1995 by L.L. No. 6-1995; 6-1-1999 by L.L. No. 5-1999]
C.
Submetering will not be permitted.
D.
Meters larger than two inches shall be compound meters
and furnished by the Water Department at the owner's expense and shall
be set at or near the property line or in a place designated by the
Department, and all expense in connection with its proper housing,
including a bypass for testing, shall be borne by the customer. Such
meters shall be maintained and repaired at the expense of the customers.
A diagram of the pit and proper piping shall be approved by the Department.
E.
The Department reserves the right to remove, test
and repair any meter at any time.
F.
Vacation of premises; fee.
(1)
If any premises is vacated, the consumer may, on written
notification to the Department, request that the water meter be removed
and stored.
(2)
During the period the meter is out of service, no
charge for water service will be made.
(3)
When service is again requested, the district will
reestablish service for a fee as set by resolution of the Town Board
from time to time.
G.
Meters will at all times be protected from freezing.
In the event that the meter is damaged by freezing or other external
cause, the Department will replace the meter and a bill will be rendered
to the consumer for the cost of repairs.
H.
The district will maintain, repair and test, when
necessary, all meters. The Department reserves the right to remove
and test the meters as required. In case of a disputed account involving
the accuracy of a meter, the Department will test the meter upon the
request of the customer. A fee as set by resolution of the Town Board
from time to time is required. In the event that the meter is found
to over-register in excess of 2% at any flow rate within normal test
flow limits, the fee will not be charged to the customer; otherwise
it will be retained by the District as a charge and included on the
next water bill.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
A.
All bills are payable in accordance with the terms
of the applicable service classification. For new services installed
at any time during the billing period, the minimum charge and the
amount of water allowed thereunder will be prorated according to the
number of days remaining to complete the billing period after the
service has been made available.
B.
Meters will be read and billed semiannually.
C.
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 Department, except when
the meter has been found to be registering inaccurately, or has ceased
to register. In such cases, the quantity may be determined by the
average registration of new meter, or adjusted based on the tested
percent of over registration, whichever method is representative,
in the Department's opinion, of the conditions existing during the
period in question.
[Amended 5-2-1995 by L.L. No. 6-1995]
D.
Any consumer finding an overcharge or undercharge
in his statement is requested to report the error before paying the
bill so that it may be corrected.
E.
All bills are due and payable without penalty 30 days
after date thereof. All water charges by the Department shall be in
lien upon which or in connection with which such water is used. If
such charges are not paid within 30 days from date due, the water
supply may be cut off until such charges are paid. A penalty of 5%
of the amount of their bill shall be added to the bill for late payment.
[Amended 5-2-1995 by L.L. No. 6-1995]
F.
There shall be filed annually with the Town Board
a statement showing the unpaid water charges and penalties payable
to the Department, with a brief description of the property upon which
the water was used, the names of the persons or corporations liable
to pay for the same and the amount chargeable to each, for the purpose
of having such sums levied as a tax against the property liable.
A.
Water service may be discontinued by the Department
for any one of the following reasons:
(1)
For use of water other than as represented in customers'
applications or through branch connections on the street side of the
meter or place reserved therefor.
(2)
For willful waste by use of water through improper
and imperfect pipes, or by any other means.
(3)
For molesting any service line, seal or meter.
(4)
For nonpayment of bills for water or services rendered
by the Department in accordance with these rules and regulations.
(5)
For cross-connecting pipes carrying water supplied
by the Department with any other source of supply or with any apparatus
which may endanger the quality of the Department's water supply.
(6)
For refusal of reasonable access to the property for
the purpose of reading, repairing, testing or removing meters or inspecting
water piping and other fixtures.
(7)
For violation of the rules of the Department as set
forth in its rules and regulations.
(8)
For failure to repair leaky service lines after two
days' notice.
B.
No person shall open or interfere with the fire hydrants
or draw water therefrom without permission from the Department or,
in case of fire, by the chiefs of the fire departments or their assistants.
C.
In the interest of public health, the Department will
not permit its mains or service lines to be connected in any way to
any piping, tank, vat or other apparatus which contains liquids, chemicals
or any matter which may flow back into the Department's service lines
or mains and consequently endanger the water supply.
D.
Upon receipt of an application for a new service or
for the reinstatement of an existing service, the Department will
assume that the piping and fixtures which the service will supply
are in proper order to receive the same, and the Department will not
be liable in any event for any accident, breaks or leakage arising
in any connection with the supply of water or failure to supply the
same.
E.
Any person who damages any street hydrant shall be
liable for the actual damages sustained to the hydrant as well as
the loss of water wasted before the hydrant can be shut off.
F.
The Department 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 purposes of making repairs
or extensions or for other purposes, and it is expressly agreed that
the Department shall not be liable for a deficiency or failure in
the supply of water or the pressure thereof for any cause whatsoever,
nor for any damage thereby or by the bursting or breaking of any main
or service line or any attachment to the Department's property. All
applicants having boilers upon their premises depending upon the pressure
in the Department's pipes to keep them supplied are cautioned against
danger of collapse, and all such damage shall be borne exclusively
by the applicant.
G.
In those cases where a customer-owned service line
is frozen, the thawing shall be done at the expense of the customer.
To avoid a recurrence of freezing, the Department may order an examination
of the customer's service line and, if the same is not at a depth
of 60 inches as required, the Department reserves the right to require
it to be so relocated before service is resumed.
H.
In order to maintain sufficient water supply and
pressure at all times for fire protection and household use, from
May 1 through September 15, lawn sprinkling, garden sprinkling and
other use of public water shall be restricted to the following days
and times:
[Amended 5-3-1988 by L.L. No. 1-1988; 12-6-1988 by L.L. No. 5-1988; 7-14-1992 by L.L. No. 2-1992; 5-2-1995 by L.L. No. 6-1995; 5-5-1998 by L.L. No. 7-1998; 4-1-2003 by L.L. No.
2-2003]
(1)
Automatic lawn sprinkler systems.
(a)
All dwellings, buildings, structures, lots,
pieces or parcels of land connected to the public water supply, with
even-numbered addresses and with automatic lawn sprinkler systems
serviced by the municipal supply, may use the public water supply
for outside lawn and garden sprinkling on even-numbered calendar days
1:00 a.m. to 4:00 a.m., regardless of the nature of use of the premises.
(b)
All dwellings, buildings, structures, lots,
pieces or parcels of land connected to the public water supply, with
odd-numbered addresses and with automatic sprinkling systems serviced
by the municipal water supply, may use the public water supply for
outside lawn and garden sprinkling on odd-numbered calendar days 1:00
a.m. to 4:00 a.m, regardless of the nature of use of the premises.
(c)
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with automatic lawn and garden sprinkling systems serviced by the municipal supply, shall not be permitted to use manually placed and/or handheld lawn sprinklers outside of the times specified in Subsection H(1)(a) and (b).
(2)
Manually placed lawn sprinklers or handheld watering.
(a)
All dwellings, buildings, structures, lots,
pieces or parcels of land connected to the public water supply, with
even-numbered street addresses and without automatic lawn sprinkling
systems serviced by the municipal supply, may use the public water
supply for outside lawn and garden sprinkling on even-numbered calendar
days 6:30 a.m. to 8:00 a.m. and 6:30 p.m. to 8:00 p.m., regardless
of the nature of use of the premises.
(b)
All dwellings, buildings, structures, lots,
pieces or parcels of land connected to the public water supply, with
odd-numbered street addresses and without automatic lawn sprinkler
systems serviced by the municipal supply, may use the public water
supply for outside lawn and garden sprinkling an odd-numbered calendar
days 6:30 a.m. to 8:00 a.m. and 6:30 p.m. to 8:00 p.m., regardless
of the nature of use of the premises.
(4)
In the event of a fire or other water emergency, the
Supervisor, upon the recommendations of the Superintendent of the
Department of Water and Wastewater Management, may modify or suspend
any or all of the regulations relating to sprinkling for the duration
of the emergency. The Department of Water and Wastewater Management
shall notify the public by publication or other appropriate manner
of any modification or suspension of sprinkling as a result of such
emergency.
(5)
Upon application of any person, the Supervisor, or
his/her designee, may vary or modify the restrictions contained herein
upon such terms and conditions as he/she deems appropriate. There
shall be no appeal from the decision of the Supervisor on an application
made under this subsection.
(6)
Nothing contained herein shall restrict the use of
private wells for outside watering purposes, provided that a sign
stating "PRIVATE WELL" must be displayed on the dwelling, readable
from the right-of-way. All private wells' water faucets must be permanently
labeled. No interconnection of the private well with the public water
system shall be permitted.
(7)
No person shall fill a swimming pool from the public
water supply at any time without the approval of the Superintendent
of the Department of Water and Wastewater Management. The Superintendent
shall specify the quantity, time and method for filling of swimming
pools.
(8)
Any person who violates this subsection shall be guilty
of a violation and shall be punishable by a fine of not less than
$50 for the first offense, and not less than $100 for any second or
subsequent offense committed within the same calendar year.
A.
Payment. Bills for water used or services performed
by the Department shall be paid to the Receiver of Taxes.
B.
Establishment of rents. Water rents, rates, penalties
and charges are as may be established by Town Board resolution.
C.
Minimum charge. No bill will be rendered or payment
accepted for less than the minimum charge for each billing period.
D.
Private fire-protection service.
(1)
Sprinkler head fire protection.
(a)
Any and all sprinkler systems installed in
residences, multiple dwellings and commercial buildings (i.e., any
and all building) shall meet the requirements of the following:
[Amended 5-2-1995 by L.L. No. 6-1995]
(b)
The Department reserves the right to require the furnishing of detailed drawings showing the proposed installation and to approve or disapprove the type of valving to be installed on such a system and to inspect by its own forces or duly authorized representatives any such installation, past, present or future, and to require that the standards outlined in Subsection D(1)(a) be met.
(2)
Private water distribution system, hydrant protection.
(a)
Any and all private water supply distribution
systems installed within the Town, equipped with hydrants for fire
protection, shall conform to the requirements of the following:
(b)
Detailed plans and drawings of any and all such
installations shall be furnished for the approval of the Department
before any permit to make such installation or build shall be issued
and to inspect the same during construction to guarantee compliance.
(c)
The Department reserves the right to require
any sprinkler system installation or any hydrant system installation
installed prior to the date of this chapter to be brought up to the
standards referred to at any time.
E.
Water for construction. Water for contractors, builders and other temporary purposes (§ 272-2B) will be billed from $30 upward for such privilege, according to the estimated amount of water to be used or metered at the discretion of the Department. The willful waste of water under temporary permits shall constitute a violation of this chapter, and the Department may cancel such permit.
[Amended 5-2-1995 by L.L. No. 6-1995]
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.
AFFORDABLE HOUSING
BEDROOM
SENIOR HOUSING
SUBSIDIZED SENIOR HOUSING
Definitions. For purposes of this section, the following definitions
shall apply:
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.
A room in a dwelling unit with a door for privacy, smoke
detector, closet, and NYS Building Code compliant egress window.
Bedroom(s) in a facility for residents over the age of 55
years and/or disabled residents.
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]
[Adopted 5-2-1995 by L.L. No. 6-1995]
A.
The purpose of this article is to protect the Town
of Guilderland public water supply from possible contamination by
isolating within the customer's internal distribution system such
contamination which could backflow into the public water system; and
B.
To comply with the requirements of the New York State
Sanitary Code 5-1.31.
For the purpose of this article, unless the
context or subject is plainly evident, the following terms used are
hereby defined as follows:
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.
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.
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.
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.
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.
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.
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.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises other than
the Town water supply.
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.
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.
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.
A person who is examined annually by the New York State Department
of Health and found competent by it for testing of backflow prevention
devices.
A water user served by the Town's water system.
The piping used to convey water supplied by the Town's system
throughout a customer facility.
The presence in water of a substance (organic, inorganic,
radiological, or biological) that degrades its quality.
The Albany County Health Officer, his assistants, or authorized
deputies acting as, or any person appointed as, Health Officer of
the County of Albany.
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.
A protective device that will provide back-siphonage protection
for portable hoses connected to exterior hose thread faucets.
The Manager of Water of the Town of Guilderland, or his authorized
representatives.
Any substance of a nonpoisonous nature that may create a
moderate or minor hazard to the water system consumer.
Any of the following devices:
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.
The Town of Guilderland.
An approved water supply sold and delivered to consumers
through the water works system of the Town of Guilderland.
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.
A.
No water service shall be installed on the premises
of any consumer unless the Town supply is protected as required by
this article.
B.
Town water service to the premises of any consumer
may be discontinued by the Department if any protective device required
by this chapter has not been installed, inspected, tested and maintained,
or is defective and/or has been bypassed.
C.
Town water service shall be discontinued immediately
and without notice to the consumer if the Department and/or the County
Health Officer determines that:
(1)
The Town water supply is being contaminated or is
in immediate danger of contamination.
(2)
A protective device required by this chapter has not
been installed, or is defective, or has been bypassed.
(3)
The consumer cannot immediately be located. Town water
service shall not be restored until any protective device required
by this chapter and approved by the Department has been properly installed
or until conditions at the consumer's premises causing the contamination
or possible danger of contamination has been abated to the satisfaction
of the Department or County Health Officer.
D.
Notice; service.
(1)
Except as provided in Subsection C, the Town supply shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
(a)
The conditions or defects which are to be corrected.
(b)
The manner in which the stated conditions or
defects are to be corrected.
(c)
The date on or after which the Town supply or
water will be discontinued. This date shall not be less than 15 nor
more that 90 days following the date of delivery or mailing of notice.
The Department may grant the consumer an extension of time not be
exceed 90 days, if, in his/her determination, the consumer has exercised
due diligence, but has been unable within the time originally allowed.
(2)
The notice shall be given by delivering the same to
the consumer or agent thereof. If the consumer cannot be found, then
service of the notice shall be mailed, postage fully prepaid, addressed
to the consumer at the place of business or residence set forth in
the application of the consumer for water service in the records of
the Town. Once discontinued, delivery of water shall not be resumed
until the protective device required by this article and approved
by the Manager has been properly installed and tested, or until conditions
at the consumer's premises creating the need for a protective device
have been abated or corrected to the satisfaction of the Manager and
the County Health Officer.
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.
