[HISTORY: Adopted by the Board of Trustees
of the Village of Kiryas Joel 3-2-2004 by L.L. No. 3-2004. Amendments noted where applicable.]
The quality of the water supply shall meet accepted
standards of purity.
A. There shall be no use or sale of water or water service
within the Village of Kiryas Joel without the express written approval
of the Village.
B. There shall be no individual wells or private wells
installed after the effective date of this article without the express
written approval of the Board of Trustees. There shall be no connection
made to any individual well or private well presently in use after
the effective date of this article,
C. There shall be no connection to the Village's water
system without a permit issued by the Water Department and payment
of all fees and usage charges.
A. The water supply of the Village of Kiryas Joel shall
be distributed through a piping system entirely independent of any
piping system conveying another water supply.
B. Extensions to the distribution system.
(1) In all subdivisions and sites seeking a supply of
water from the Village of Kiryas Joel, the distribution system within
the subdivision or site must be designed so as to provide maximum
opportunity for improving distribution within the area and for accommodating
reasonably foreseeable expansion requirements. Adequate provision
must be made for future system extensions, and the mains must be properly
sized to accommodate foreseeable needs.
(2) All plans and specifications for the water system,
main and appurtenances must be approved by the Village Water Department.
(3) An irrevocable offer of dedication and bargain and
sale deeds for all water mains, appurtenances and easements must be
provided and approved as to their form by the Village Attorney.
(4) The Village may provide water during construction
and for testing purposes during the construction process. However,
no water shall be supplied to homes or units constructed within a
subdivision or an extension district unless and until the entire system
has been accepted by the Village Board of Trustees.
(5) All application and/or connection fees must be paid
prior to connection to the system. Such fees may be established and
amended from time to time by resolution of the Board of Trustees.
Permission to connect to the water system will
be given upon the express condition that the Board of Trustees may,
at any time, revoke and annul said permission, if deemed in the best
interests of the Village.
A. All water facilities for any property from the service
tap to the water meter, including isolation valves, must be inspected
by the Superintendent of Water. At least three working days' notice
must be given to the Superintendent of Water when any plumbing is
ready for inspection, and the plumber doing the work shall furnish
all of the necessary assistance or appliances therefor.
B. The plumber shall remove or repair any defective material
or labor when so ordered by the Superintendent of Water.
C. Under no circumstances can any plumber, or any of
his employees doing the work of plumbing, act as the agent or representative
of the Water Superintendent.
A. All water used on any premises or for any purpose
whatever shall be metered. No bypass shall be made or maintained unless
approved by the Village and metered. Property owners shall be responsible
for the cost and installation of water meters. Meters must be replaced
when over 10 years old.The Village may replace any meter over five
years old at customer expense. Only meters which have been obtained
from the Village shall be installed. The Village Water Superintendent
shall determine the type and size of meter in each instance.
B. The meter(s) shall be installed within the building
to be served as close as practical to the point where the service
pipe enters the building by an outside wall and shall be set with
the inlet and outlet with the register on top and shall be located
so as to be readily accessible at all times for reading, inspection
and repair. Isolation or stop valves shall be provided on both inlet
and outlet sides of the meter. These valves must be "ball" valves,
not gate valves.
C. In the event of a discrepancy between the water consumption
as indicated by the remote reading device and the water consumption
as measured by the water meter, the water consumption as measured
by the water meter shall be controlling. At all times customers must
promptly pay their water bills, even if disputing a charge.
D. Outside meter pits may be installed in special cases
on written approval of the Village Water Superintendent. Such meter
pits must be installed in accordance with Village specifications and
at the expense of the property owner.
E. Provision shall be made to prevent hot water from
entering the meter. No tee or other fitting through which water may
be drawn shall be used or placed between the main and the meter. The
Superintendent or agent may, at any reasonable time, enter upon the
premises for the purpose of inspecting pipes, reading or checking
the water meter and may discontinue the supply of water when the customer
has failed to comply with Water Department rules and regulations or
for nonpayment of water bills.
F. Meters shall be paid for by the property owner. All
meters supplied by the Village of Kiryas Joel shall remain the property
of the Village. Meters furnished by other parties will not be permitted.
G. Plumbers, after completing the work of introducing
the water in a property and testing the pipes and fixtures, shall
turn the water off at the curb stop until a meter has been set on
the service.
H. There shall be no tampering with water meters or breaking
meter seals with the intent to slow, stop or alter the reading of
a water meter. In the event of tampering, the owner shall be responsible
for paying for all unpaid water as estimated by the Village.
I. At the request of a consumer, the Water Department
will test the meter supplying the property of said consumer. If the
meter, on test, is found to be registering over 3% more water than
actually passes through it, no charge will be made for the test; otherwise,
a current charge, established by the Board of Trustees and in effect
at the time, will be imposed. No credit to the customer for overbilling
shall be given for any usage more than six months prior to the test.
J. When a meter is not working or cannot be read due
to inaccessibility, the customer will be billed based on the Village's
estimate of water used. In the event access to a meter has been limited
by the property owner or resident, water consumption shall be billed
at three times the estimated usage. The usage will be adjusted at
the next actual reading when the meter is made accessible.
K. Any meter which fails to work properly due to improper
installation or tampering shall be repaired or replaced by the owner
at the owner's sole cost and expense. The Village reserves the right
to test any such meter before it is placed in service.
L. All new construction begun after the effective date
of this article shall provide for each dwelling unit to be separately
metered. No connection to a building shall be allowed until all dwelling
units are metered.
A. The charges for Village water shall be established
by the Village Board.
B. The Board of Trustees may, by resolution, establish
additional categories of charges or fees associated with the use of
the Village water system. These charges or fees shall be deemed usage
charges for purposes of this article.
C. An owner of property will be held responsible for
all arrears unpaid by tenants. All expenses, charges, fees, water
rates, fines, forfeitures or penalties which may accrue from or be
imposed upon owners, tenants or occupants for water use, service or
otherwise shall be a lien on the real property to which said water
service shall have been rendered, and the collection thereof may be
enforced in the same manner and method as provided for the collection
of the same in Article 11 of the Village Law.
D. If the water rentals are in arrears for 30 days, the
Village Board may order the water service shut off. Water service
shall not be restored until water rentals and other charges in arrears
have been paid, including a turn-on charge of not less than $25. There
may be a service charge of 10% added to all bills in arrears subject
to approval of the Board of Trustees.
E. When branches already exist and are not provided with
stopcocks, in case of default in payment of water rent by anyone,
the main service may be cut off until the back charges are paid, and
the Department shall not be liable for damages from any other consumer
who may thus be deprived of water.
F. All costs, including but not limited to legal fees
and expenses, incurred by the Village to collect delinquent water
rents shall constitute added water rents and shall be paid by the
owner of property in the same manner as usage charges.
G. In the event water charges remain unpaid at such time
as the Village levies real property taxes, the charges may be relevied
on the tax bills, together with a handling charge of 20%, subject
to approval of the Board of Trustees.
Connection fees to obtain water service shall
be established by resolution of the Board of Trustees,
A. No one, except the Village Water Department, shall
tap or cause to be tapped any water main, either private or Village-owned,
through which Village water is to be delivered to the customers.
B. No one shall connect to any other service line without
the permission of and according to the requirements of the Village
Water Department.
C. No tap or connection to any house service shall be
made until permission for said water connection or tap is obtained
from the Village and the connection fee is paid.
D. One tap and only one tap shall be made for each service
line. Multiple taps shall not be made. Excavation for tapping mains
shall be at least 48 inches by 72 inches. Notification will be made
to the Water Department at least three workdays in advance prior to
the start of any excavation to tap.
A. A service line is defined as serving any individual
building, group of buildings or property.
B. Service lines shall be laid at least four feet below
the surface of the ground at all points, protected from frost or damage,
at the owner's risk and expense. All lines shall be properly bedded
with approved material and properly backfilled.
C. Each service line shall supply water to one and only
one residence or building.
D. Unless otherwise approved in writing by the Water
Superintendent, service lines from the main to the meter, up to and
including 1 1/2 inches in diameter, shall be of pure, seamless
soft-tempered copper tubing with bronze fittings. Tubing shall be
Type K, not less than 3/4 of an inch and the following thickness:
|
Nominal Pipe Size
(inches)
|
Outside Diameter
(inches)
|
---|
|
3/4
|
7/8
|
|
1
|
1 1/8
|
|
1 1/4
|
1 3/8
|
|
1 1/2
|
1 5/8
|
E. Fire service lines must have a minimum inside diameter
of six inches. Installation and maintenance of such lines must conform
to the New York State Fire Prevention Code and the Village of Kiryas
Joel's specifications. Installation and maintenance of fire lines
and appurtenances shall be at the sole cost and expense of the owner.
F. Owners of approved unmetered fire lines shall be charged
an annual fee, which shall be established by the Village Board of
Trustees.
A. Corporation stops shall be tapped on the side of the
water main except in special circumstances. The service line shall
be looped for settlement and movement.
B. Service lines greater than two inches in diameter
shall consist of ductile-iron, mechanical joint, cement-lined pipe
connected to the main by a tapping sleeve and valve. The ductile-iron
pipe must meet the same specifications as transmission-line piping.
C. All service lines, curb boxes, curb stops and taps
shall be installed by and at the expense of the property owner. The
property owner will establish, by a survey, the location of the property
line and the public right-of-way. The curb box and curb stop shall
be installed within the public right-of-way, in the grass strip where
available, approximately four feet from the paved portion of the street
and behind any sidewalks. Any curb box projecting above grade or lower
than grade shall be corrected to and maintained at grade level by
the property owner.
D. In the event that the property line is over 25 feet
from the corporation stop, the Water Superintendent may require a
curb stop and curb box to be installed immediately after the corporation
stop in addition to the curb box and curb stop at the property line.
E. No one shall tap a Village main without a permit and
on-site inspection of the tap at the time of tapping.
A. All materials from the trench excavation shall be
loaded and removed from the site, and run-of-bank material, free from
stone, 1/2 cubic foot in site shall be used for backfill for the excavation.
The material shall be placed manually to one foot above the pipes,
and the trench shall be mechanically tamped in two-foot layers.
B. Excavated materials may be used to backfill the trench
only upon approval of the Village Water Superintendent.
C. No service line shall exceed 70 feet in length under
a public street.
D. Service lines under heavily traveled streets will
be sleeved at the time of installation as determined by the Water
Superintendent.
A. The owner of property shall maintain in perfect order,
at his own cost and expense, the entire service line from the Village's
water main to the building.
B. All leaks in that portion of the service line which the property owner must maintain and repair shall be repaired by the owner of the property at the owner's sole expense. If the property owner fails to repair such leak within 24 hours after written notice from the Village, then the Village shall have the right and authority to enter upon the property and make the necessary repairs and charge the cost of such repairs to the owner of the property. In case of emergency, the Water Superintendent shall have the right and authority to enter upon the property and make the necessary repairs and charge the cost of such repairs to the owner of the property. Such costs, if unpaid, shall be collected, together with a handling charge of not less than 10%, in the manner set forth in §
151-7C.
C. In the event that a water service line freezes, the
Village shall, after notice, undertake thawing of said line. The cost
of thawing the service line shall be borne by the property owner.
Whenever the static pressure exceeds 75 pounds
per square inch at the point of entry of the service line into the
building, a pressure-reducing device shall be installed by the property
owner so that the pressure in the building is a maximum of 55 pounds
per square inch. This section shall be mandatory for all new service
line installations or service line replacements.
A. No main lines or branch lines for water supply shall
be constructed within the service area of the Village water system
without complete plans being presented with an application to the
Village Water Department for inspection and approval. No work shall
proceed without this approval. The Water Superintendent may refer
plans to a professional engineer for a recommendation prior to granting
approval.
B. Mains shall be constructed with proper blow-off valves
and shall be so constructed as to eliminate dead ends. Mains shall
be constructed of mechanical-joint, cement-lined, ductile iron pipe.
C. Six-inch pipe will be the minimum size acceptable
on runs up to 500 feet total length over 500 feet long. Lines will
be a minimum of eight inches.
A. The transmission line shall be American Water Works
Association Specification cement-lined with bituminous coat and bituminous
outer coat or ASA-A-21.55 Class 52, Ductile Iron. Joints shall be
rubber O-ring (Tyton or equal) or mechanical-joint type. Fittings
shall be Class 250 cast-iron, cement-lined mechanical joint. Valves
shall be Mueller 1222, or equal approved by the Water Superintendent,
and shall open counterclockwise.
B. The pipe shall be laid directly upon the trench bottom
which has been hand trimmed to provide the pipe with a full-length
bearing and fine earth or gravel compacted under the pipe. Where the
bottom of the trench at subgrade is found to be unstable, the contractor
shall remove unstable material to the width and depth ordered by the
inspector. Before the pipe is laid, the subgrade shall be made by
refilling with gravel or crushed stone in compacted layers and shall
be thoroughly compacted so as to provide a uniform and continuous
bearing and support for the pipe. Rock shall be excavated to a depth
of six inches below subgrade and refilled with thoroughly compacted
gravel. Concrete thrust blocking shall be provided at plugs, tees,
bends and at other locations designated by the inspector.
C. For the purpose of electrical bonding, the contractor
shall install serrated bronze wedges between the barrel and the bell
of the pipe.
D. Pipe trenches shall be backfilled as soon as possible
after inspection. Selected well-graded material shall be used for
backfilling under, adjacent to and for a depth of one foot above the
pipe. This shall be thoroughly compacted into place mechanically.
If there is a deficiency of suitable material for backfilling, the
contractor shall furnish such suitable material from an outside source.
The remainder of the trench, to a depth of four feet above the pipe,
shall be backfilled and mechanically tamped with suitable material
from the excavation. No boulders or rock pieces larger than one cubic
foot in volume shall be used in backfilling the remainder of the trench.
If suitable material is not available from the trench excavation,
the contractor shall furnish such material from an outside source.
At the end of each day's work, the pipe shall be sealed with a suitable
pipe cap to prevent the entrance of foreign material into the pipeline.
Disinfection shall be accomplished in accordance with the methods
prescribed by AWWA Standard C-600, latest revised edition.
E. The line shall be tested for pressure and leakage,
in accordance with the method prescribed by AWWA Standard C-601, latest
revised edition.
F. The contractor shall furnish a maintenance bond in
the amount of 10% of the contract price. The maintenance bond shall
have a term of one year and shall ensure the owner against the failure
of the contractor to meet the requirements of a one-year guaranty
included under his contract work.
G. The contractor hereby guarantees all the work and
equipment furnished under this contract against any defects in workmanship
or material for a period of one year following the date of final acceptance
of work by the Village. Under this guaranty, the contractor agrees
to make good, without delay, at his own expense, any failure of such
parts due to faulty materials, construction or installation or the
failure of such equipment to successfully perform all the work put
upon it within the limits of the specifications and further shall
make good any damage to any part of the work caused by such failure.
H. Where mechanical-type joints are indicated on plans,
approved gaskets shall be installed.
I. All materials shall be approved by the Water Superintendent.
(1) Meters:
(a)
As specified and purchased from the Village
of Kiryas Joel.
(b)
Water will be furnished for testing purposes
only and will be turned on for domestic use after the owner, or his
agent, has complied with all the rules and regulations of the Water
Department and after the waterline has been accepted by the Village
and after a certificate of occupancy has been issued.
(c)
Before any street or waterline will be accepted
by the Village, a complete map showing all valves, hydrants, corporation
stops, main lines, service lines and curb boxes must be furnished
the Water Department. This map or plan must show accurate and complete
measurements acceptable to the Water Department.
A. In all places where steam boilers, heating systems
or hot water tanks are supplied with water from the water system,
the owner or consumer must see that the plumber places a suitable
safety valve, vacuum valve or other proper device to prevent damage
from collapse or explosion when water is shut off.
B. Where the chance of a health hazard contamination
of the water supply exists through backflow or backsiphonage, an American
Water Works Association approved reduced-pressure backflow preventer
will be installed. All of the plumbing work necessary will be at the
property owner's expense.
C. The Village shall not be liable for any damage resulting
from sudden shutting off of the supply of water from any steam boiler
or other fixture deriving its supply from the water system.
D. The Village reserves the right to limit the amount
of water furnished to any consumer should circumstances warrant such
action, or the Village may entirely shut off the water supply used
for any manufacturing purpose, for furnishing power or for lawn sprinkling
at any time by giving reasonable notice by publication, if possible,
of such intended action; or in the case of making or constructing
new work, or in making repairs or in an emergency, the right is reserved
to shut off the water from any consumer without notice for as long
a period as may be necessary.
E. The Village shall not be liable for any damage or
loss of any kind to property or persons which may arise from or be
caused by any change, diminution in or increase of the water pressure
from any cause whatever, by the shutting off or restriction of water,
or by water-main breaks or service leaks, repairs or tests.
F. Any air conditioner or cooling device using water
in its operation shall make use of a cooling tower or some means of
reusing the water.
A. Each hydrant shall have two two-and-one-half-inch
hose connections and one four-and-one-half-inch steamer connection.
Hydrants shall have flanged ends to which can be bolted a six-inch
flanged and mechanical-joint valve or mechanical joint end.
B. Each hydrant shall be installed so that the hydrant
has a poured-concrete thrust block or is securely rodded to the water
main. Rods will be five-eighths-inch threaded rod minimum.
C. Hydrants shall be set so that the bury mark is at
finished grade. In the event that extensions are needed, they will
be of proper length to bring the hydrant to normal elevation.
D. A valve will set so that the hydrant may be shut off
for repairs without shutting off any water main(s) or line (s).
E. Where curbing or sidewalks are going to be used at
the edge of a roadway, the hydrant shall be set behind the sidewalk.
F. Provisions will be made at the time of installation
for the proper draining of the barrel when the hydrant is shut down.
The reduced-pressure backflow preventer shall
consist of two independently operated spring-loaded poppet-guided
check valves with an automatically operating, mechanically independent,
hydraulically dependent pressure-differential relief valve located
between the two check valves. Further, there shall be two shutoff
valves and four test cocks. If either check valve should leak, the
pressure-differential relief valve shall open and discharge to the
atmosphere, thus maintaining the zone pressure less than the supply
pressure. The device shall be constructed so it can be disassembled
and repaired without removing the body from the supply line. This
device shall be equal in all respects to the Neptune Model 575 reduced-pressure
backflow preventer, as marketed by the Neptune Water Meter Company,
Atlanta, Georgia.
The double check-valve assembly shall consist
of two independently operated spring-loaded poppet-guided check valves;
each holding a minimum of one pound per square inch in the direction
of flow, two shutoff valves and four test cocks. The device shall
be constructed so that it can be disassembled and repaired without
removing the main body from the line. This suit shall be equal in
all aspects to the Neptune Model 550 double check valve assembly,
as marketed by the Neptune Water Meter Company, Atlanta, Georgia.
All recipients of water service shall be deemed
to have consented to the entry of Village personnel onto the premises
receiving water service for purposes of reading or checking meters
and of effecting a termination of water service by the physical disconnection
of service lines in all cases where the service lines do not have
individual shutoff valves or stopcocks.
A. This article shall be enforced by the Water Superintendent,
Code Enforcement Officer, and any other person so authorized by resolution
of the Board of Trustees.
B. Upon determination that a violation of this article
exists, the enforcement officer shall serve a written notice of violation
which orders the remedying of the violation. Such order shall state
the nature of the violation and the provision or term violated, and
shall set a date as may be reasonably necessary for achieving compliance
before proceedings to compel compliance and/or assess penalties shall
be instituted. Such order shall be served personally or by certified
mail to the last known address of the property owner. If service is
by certified mail, then a copy of the notice of violation shall be
posted at the premises where the violation exists.
C. In addition to any other remedies and enforcement
provisions available to the Village set forth elsewhere herein:
(1) Any person who violates any provision of this article
shall, upon conviction, be guilty of a violation, punishable by a
fine not exceeding $200 for each day or part thereof during which
such violation continues. Said civil penalty shall be recoverable
in an administrative proceeding held by and before the Board of Trustees
pursuant to the following procedure:
(a)
Whenever a violation has not been remedied within
the time specified in a written notice served personally or by certified
mail to the last known address of the property owner, an enforcement
officer may issue an order to show cause before the Board of Trustees
why such penalties should not be imposed.
(b)
Service of order to show cause.
[1]
Such order to show cause shall be served personally;
or by mailing a copy of such order by certified mail to the property
owner at his last known address as shown on the records of the Village
and by posting a copy of such order on said premises.
[2]
Where practical, a copy of such order may be
served personally on the residents of the premises. Such personal
service on the residents shall not be a substitute for the service
otherwise required, nor shall the failure to provide such personal
service invalidate any proceedings pursuant to this article.
[3]
A copy of said order may be filed in the County
Clerk's Office, which order shall be filed in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law
and Rules and shall have the same effect as a notice of pendency as
therein provided. An order so filed shall be effective for a period
of one year from the date of filing. It may be terminated upon an
order of a judge or justice of a court of record or upon the written
consent of the Attorney for the Village. The County Clerk shall mark
the order to show cause and any record or docket thereof as canceled
of record upon the presentation and filing of a certified copy of
said judicial order or of such consent.
(c)
Content of order. Said order to show cause shall
state the nature of the violation; the provision or term violated;
and the date, time and place for a hearing before the Board of Trustees.
The hearing shall be set for a date not less than seven days after
the date the order to show cause is mailed.
(d)
Conduct of hearing.
[1]
The Board of Trustees shall conduct a hearing
at the date, time and place specified in the order to show cause.
The hearing may be adjourned from time to time and shall continue
until interested persons subject to the order to show cause are heard.
No formal rules of evidence shall apply nor shall a stenographic transcript
be required.
[2]
The property owner and any others subject to
the order to show cause may be represented by an attorney and shall
have the right to present evidence and examine witnesses to show why
penalties should not be assessed.
[3]
After the hearing is closed, the Board of Trustees
shall make findings and make a determination. Such determination shall
indicate the basis and reason for the decision, shall state the dollar
amount of and fine(s) imposed and shall be supported by substantial
evidence.
[4]
Any fines imposed plus, if any fine is imposed,
the costs to the Village of the proceeding, including but not limited
to attorneys' fees and administrative costs, shall be immediately
due and payable. Administrative costs shall be determined from time
to time by resolution of the Board of Trustees.
[5]
The determination of the Board of Trustees may
be reviewed in a proceeding pursuant to Article 78 of the Civil Practice
Law and Rules, provided that such proceeding is commenced within 30
days of such determination. Judicial review shall not stay any stop-work
order or stay payment of any fine and costs imposed.
D. Assessment of fines and costs. All fines and all costs
incurred by the Village in connection with the administrative proceeding,
if unpaid, shall be a lien on the real property and shall be assessed
against such property, together with nine-percent interest per annum,
and shall be levied and collected in the same manner as real property
taxes.
E. Correction of violation by Village.
(1) Compliance with this article is required in the interest
of the public safety, health and welfare. If the property owner fails
to correct a violation after notice, the Village and its agent shall
have the right to enter onto the property to perform the work necessary
to correct the violation. The property owner shall be responsible
and liable for all costs incurred by the Village in connection therewith.
If not paid, said costs shall be assessed against such property, together
with nine-percent interest per annum, and shall be levied and collected
in the same manner as real property taxes.
(2) The abatement, removal or repair of any nuisance,
hazard or other such condition by the Village of Kiryas Joel or its
agents shall not operate to excuse the owner, tenant or occupant from
properly maintaining any premises as required by this article, and
such owner, tenant or occupant shall, notwithstanding such action,
be subject to any penalties provided for herein.
F. Alternatively or in addition to the remedies provided by Subsections
C,
D and
E, the Board of Trustees or enforcement officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of this article or any permission granted pursuant thereto.
[Added 12-27-2013 by L.L.
No. 1-2014]
A. The Board of Trustees is hereby empowered to establish, and from time to time revise, by resolution, charges (in addition to fees pursuant to §
151-8) of the following categories:
(1) Water supply facilities improvement and connection charge.
B. Allocation of funds. Moneys received by the Village attributable
to the charges herein shall be held in trust for the purpose of mitigating
the capital facility needs resulting from new construction. Moneys
shall be utilized for the purpose of providing capital improvements
which increase the capacity of water supply systems, or other necessary
infrastructure, in compliance with all statutory, regulatory and permit
requirements. The moneys shall not be used for operations and maintenance.
The Board of Trustees shall establish from time to time such capital
reserve funds and/or trust and agency funds as necessary and appropriate
to effectuate the purpose of this article.
C. Payment of charges. No new residential, commercial or industrial
unit shall connect to or change the use of the connection to the Village
water supply system until all charges attendant thereto have been
paid.
D. Annual review; refunds.
(1) The Board of Trustees shall annually, in conjunction with the adoption
of the budget, review the charges, capital improvement program and
capital reserve and/or trust and agency accounts. The purpose of such
review shall be:
(a)
To determine whether charges are adequate and sufficient to
mitigate anticipated needs without being burdensome or in excess of
the fair share of costs attributable to new development and to revise
such charges as the Board of Trustees shall deem advisable.
(b)
To consider a refund of charges moneys where capital improvement
goals have been met without the exhaustion of such moneys. Completion
of a phase or portion of a capital improvement program shall not mandate
the refund of moneys where program goals remain to be accomplished
and such funds will be utilized for such purposes.
(c)
To consider the refund of charges moneys which have not been
allocated for a particular capital improvement within three years
of payment. Moneys shall be deemed allocated to a particular project
when so designated by the Board of Trustees and the state environmental
quality review process prerequisite to the implementation of such
improvements has commenced.
(2) The Board of Trustees is hereby empowered to establish an administrative
mechanism for the refund of connection charges when such charges have
not been found necessary for the funding of capital improvements.
Such refunds shall be fairly allocated.
E. In the event any water charges remain unpaid at such time as the
Village levies real property taxes, the charges may be re-levied on
the tax bills, together with a handling charge of 20%, subject to
approval of the Board of Trustees.
[Added 3-11-2022 by L.L. No. 3-2022]
The Village of Kiryas Joel Board of Trustees, in accordance
with New York State Village Law § 3-308, does hereby establish
a Board of Water Commissioners with certain designated authority and
purpose so as to assist the Village Board in providing and furnishing
pure and wholesome water to the inhabitants of the Village of Kiryas
Joel and the Town of Palm Tree.
A. The Mayor
shall be and hereby is directed and empowered to appoint no less than
three Commissioners, subject to confirmation by a majority of the
Board of Trustees, to constitute a Board of Water Commissioners for
the Village of Kiryas Joel, to take charge of and carry on the work
of administering water supply contracts entered into by or on behalf
of the Village and to have all the power and authority required to
do so.
B. The Mayor,
subject to the approval of the Board of Trustees, shall appoint the
members of the Board of Water Commissioners, and the first appointments
of members thereto shall be for terms so fixed that at least one will
expire at the end of each official year commencing at the end of the
current such year and continuing in succeeding years until the entire
original appointments run out. No such term shall exceed five years.
C. Commencing
with the first annual meeting following the establishment of the Board,
and continuing annually thereafter, successors to former appointees,
the term of whose offices have then expired, shall be appointed for
a full term. The length of such term shall be determined by the Board
of Trustees but in no event shall exceed five years.
D. No person
shall be appointed to serve on the Board of Water Commissioners of
the Village of Kiryas Joel unless, at the time of the appointment,
said person is a resident of the incorporated Village.
E. The members
of such Board shall receive no salary or compensation for their services
as members of the Board of Water Commissioners other than that established
by resolution of the Board of Trustees.
F. A chairperson
of shall be appointed by the Mayor, subject to the approval of the
Board of Trustees.
G. The Board
of Water Commissioners shall have the assistance of legal counsel
by the Village Board's legal counsel.
H. The Board
of Water Commissioners shall have the power and authority to employ
experts and a staff and to pay for their services and for such other
expenses as may be necessary and proper, not exceeding in all the
appropriation that may be made for such Board of Water Commissioners
by the Village Board.
I. In addition,
the Board shall have the following powers, duties and responsibilities:
(1) Prescribe
and promulgate rules and regulations governing its own organization
and procedures in a manner consistent with law.
(2) Records.
The Board shall keep written records of all matters that come before
it.
(3) Review
all water service agreements between the Village and third parties;
assist in the administration of those agreements; monitor compliance
with those agreements; recommend and preapprove any proposed amendments
to those agreements; advise the Village Board and the Water Superintendent
of the need for enforcement in the event of a breach of any such agreement.
(4) For
the avoidance of doubt, the Board shall have no authority to unilaterally
approve a change in any written contract between the Village and a
third party, unless such change is then ratified by the Village Board
of Trustees.
(5) The
Board of Commissioners shall be bound by the Village's Code of Ethics, and shall discharge their duties in accordance with law.
J. The Board
of Trustees may from time to time amend the composition, powers, duties
and responsibilities of the Board of Water Commissioners.
Special meetings of the Board may be called upon three days'
notice by the Chairperson. Written notice shall be mailed, emailed
or delivered to each Commissioner prior to the meeting. Notice of
a meeting need not be given to any Commissioner who submits a signed
waiver of notice, whether before or after the meeting, or who attends
the meeting without protesting, prior thereto or at its commencement,
the lack of notice to him or her.
The Board shall hold its meetings at the Village offices.
The Board of Water Commissioners is subject to the Open Meetings
Law and shall comply with the Open Meetings Law of the State of New
York, as set forth within Article 7 of the Public Officers Law.
The Board of Water Commissioners is subject to the Freedom of
Information Law and shall comply with the Freedom of Information Law
of the State of New York, as set forth within Article 6 of the Public
Officers Law.
A. A majority
of the entire Board shall constitute a quorum for the transaction
of business at meetings of the Board.
B. A majority
of the Commissioners present, whether or not a quorum is present,
may adjourn any Board meeting to another time and place. If a quorum
is present at the adjourned meeting, any business may be transacted
that might have been transacted on the original date of the meeting.
Notice of the adjourned meeting shall be given to all Commissioners.
Any action to be taken by the Board of Water Commissioners means
action at a meeting of the Board. Each Commissioner shall have one
vote regarding any action to be taken by the Board. Except as otherwise
provided by law, the vote of a majority of the Board present at the
time of the vote at a duly convened meeting at which a quorum is present
shall be the act of the Board of Water Commissioners.