[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991
as Ch. 45 of the 1991 Code. Amendments noted where applicable.]
This chapter shall apply to all water districts of the town now or hereafter
established and to the customers thereof. No water service connections or
facilities shall be made or installed except in conformity with the provisions
of this chapter.
For the purposes of this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Any street, avenue, road or way that is for any highway purpose under
the jurisdiction of the town.
A building under one (1) roof owned or leased by one (1) customer and
occupied as one (1) residence or one (1) place of business;
A combination of buildings owned or leased by one (1) customer, in one
(1) common enclosure, occupied by one (1) family or one (1) corporation or
firm as a residence or place of business;
Each unit of a multiple house or building separated by a solid vertical
partition wall, occupied by one (1) family or one (1) firm as a residence
or place of business;
A building owned or leased by one (1) customer having a number of apartments,
offices or lofts which are rented to tenants and using in common one (1) hall
and one (1) or more means of entrance;
A building one (1) or more stories high under one (1) roof, owned or
leased by one (1) customer having an individual entrance for the ground floor
occupants and at least one (1) for the occupants of the upper floors; or
Garden apartments owned by one (1) individual or firm and located in
one (1) common enclosure.
Any street, avenue, road or way that is not for any highway purpose
under the jurisdiction of the town.
Such entity established pursuant to the provisions of Article 12
of the Town Law of the State of New York and shall include water districts,
extensions thereof and laterals therein.
The Town Board shall at all times act for and on behalf of the particular
water district concerned with respect to all applications, permits and waivers.
The Town Board, by resolution, may appoint one (1) of its members or other
town officer or such other person as the Town Board may determine to act in
its place and stead with respect to applications and permits.
A.
Application forms and conditions. All applications for
the use of water must be made, in writing, on forms provided by the Town Clerk
designated "Application for Water Service" or "Application for Fire Protection
Service." On acceptance by the Town Board or its duly authorized agent acting
for and in behalf of the water district, the application shall constitute
a contract between the water district and the applicant obligating the applicant
to pay the water district the established rates and to comply with rules and
regulations herein and as hereinafter amended.
B.
No obligation to extend mains. Applications will be accepted
subject to there being an existing main in a street or right-of-way abutting
on the premises to be served, but the acceptance shall in no way obligate
the water district to extend its mains to serve the premises.
C.
Separate applications. A separate application must be
made for each premises as herein defined. Submetering will not be permitted.
D.
Temporary water service. Applications of contractors,
builders and others for temporary water service will be accepted and temporary
water service will be supplied, provided that it does not interfere with the
use of water for general purposes. The quantity of water taken for such purposes
shall be determined either by meter or by estimate and paid for in accordance
with the rate schedule applicable to metered general purposes. Customers requiring
temporary water service shall reimburse the water district for all its expenses
in connection with providing the necessary temporary service connections,
and a deposit specified by the water district will be required.
E.
Payment of arrears. No agreement will be entered into
by the water district with any applicant for 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.
F.
Temporary water service forms. Such applications for
temporary water service must be made on the forms furnished by the Town Clerk.
G.
Real estate developers' service agreement. When application for water service is made by a real estate developer, a prospective owner or a prospective occupant of any property, said real estate developer, prospective owner or prospective occupant shall make a service agreement to guarantee payment to the water district of the minimum charge, whether or not service is rendered for a period of one and one-half (11/2) years from the date that water service is made available for use at the premises. As a guaranty of such payment, the water district will require the developer, prospective owner or prospective occupant to make a deposit in accordance with § 147-5B. Deposits will be refunded without interest as soon as a bona fide owner occupies the premises, signs a contract for water service and makes the required deposit to guarantee payment of the water bill. Such service agreement must be made on the form furnished by the Town Clerk.
A.
Amount. As security for the payment of bills, the water
district may require of any customer, applicant or any customer to whom it
may be supplying water the deposit approximately equal to one and one-half
(11/2) times the established average bill for the billing period, but in any
case not less than ten dollars ($10.). Deposits of customer applicants will
be payable at the time of application and of customers to whom it may be supplying
water upon demand. No interest will be paid on any customer's deposit
made with the water district. When service is discontinued and final bills
paid, the deposit will be refunded to the depositor.
B.
Amount for real estate developer. The water district may require the developer, the prospective owner or the prospective occupant to make a deposit in the amount of one and one-half (11/2) times the annual minimum charge under the applicable service classification for each service installed in accordance with § 147-6, but in any case not less than ten dollars ($10.).
A.
Service connection charges for water service. Upon written application for water service, as hereinbefore prescribed, by an owner or occupant of any property abutting on any public or private street and upon payment of the applicable charge where the site of service to be installed, as provided in § 147-10, the water district will, at its expense, install, operate, maintain and, when necessary, replace at its own cost and expense the service pipe and connection between the main and the curb box shutoff on both public and private streets. It is further provided that easements acceptable to the water district must be furnished at the applicant's expense where necessary for all water service installations. All such easements and all service lines installed by the water district shall remain the property of the water district.
B.
Service connection charges for private fire-protection service. Upon written application for fire-protection service by an owner or occupant of any property abutting on any public or private street, as hereinbefore defined, and upon payment of the applicable charge for the site of service to be installed, as provided for in § 147-10, the water district will, at its expense, install, operate, maintain and, when necessary, replace at its own cost and expense the service pipe and connection between the main and the curb shutoff on both public and private streets. If a hydrant is installed on a private fire-protection service line, such hydrant will be located on the owner's or occupant's property and installed by him at his expense. However, the water district reserves the right to approve the type of hydrant and the manner of installation before service is provided.
C.
Maintenance and replacement. The water district, at its
expense, will maintain and, when necessary, replace any service pipe and service
connections from the main to the curb shutoff on all public and private streets.
Service pipe and service connections shall not be trespassed upon nor interfered
with in any respect. The curb stop may not be used by the customer for turning
on or shutting off the water supply, but is for the exclusive use of the water
district.
D.
Service on applicant's property.
(1)
At his own expense, the applicant shall install the service
pipe from the curb box shutoff serving the customer's premises and a
valve to be located preferably just inside the building wall.
(2)
No such customer's service pipe shall be installed nor shall work be commenced thereon until the Application for Water Service shall have been made, processed and accepted pursuant to the provisions of § 147-4 of this chapter and until all fees and deposits shall have been paid.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the
Town Clerk.
(3)
The customer shall maintain said service pipe and shall
replace it when necessary all at his own expense.
(4)
For such installation, maintenance and replacement, the customer shall employ a competent plumber, and all work shall be performed in accordance with this chapter. The minimum size, materials, depth of cover and method of construction shall be in accordance with the provisions of Subsection E hereof.
(5)
No trench or the customer's service pipe therein
shall be backfilled or covered until such trench, the service pipe and the
curb box connection thereto shall have been inspected and approved by the
Water Superintendent.
(6)
If any defects in workmanship or materials are found
or if the customer's service pipe has not been installed in accordance
with this chapter or with the water district's requirements, the water
service shall not be turned on or, if turned on, shall be turned off and discontinued
until such defects are remedied.
(7)
No curb box shutoff shall be turned on except by the
Water Superintendent.
(8)
After approval by the Water Superintendent of the installation of the customer's service pipes, the curb box shutoff shall remain turned off until the individual water meter has been installed by the water district as provided for in § 147-7.
(9)
No water shall be drawn, used or consumed from the customer's
service pipe until the individual water meter has been installed, except that
such prohibition shall not apply to the Water Superintendent when performing
inspections herein required.
E.
Service pipe specifications.
(1)
All service pipes shall have a minimum cover of four
and one-half (41/2) feet. No service pipes shall be less in size than three-fourths
(3/4) inch inside diameter, United States Government Specification Type K
soft-tempered copper tubing shall be used on three-fourths-inch and one-inch
services. Byers galvanized pipe or Type K copper tubing shall be used on one-and-one-half-inch
and two-inch services. All services larger than two (2) inches in diameter
shall be cast-iron pipe of quality equal to American Water Works Association
Standard specifications and of weight suitable for service under a pressure
of one hundred fifty (150) pounds per square inch. All connections of service
pipes to a main with a ground cover of less than five (5) feet shall be made
on the side of the main so that such service shall in no case have less covering
than the main. The water district reserves the right in all cases to stipulate
the size and type of service connection to be used.
(2)
Whenever possible, a water service shall be laid at least
ten (10) feet horizontally from any existing or proposed sewer, drain, drain
field, dry well or cesspool. Should local conditions prevent a lateral separation
of ten (10) feet and when specific approval is given by the Water Superintendent,
a water service may be laid closer than ten (10) feet to a sewer or drain,
provided that the service is laid in a separate trench or, if installed in
the same trench, on an undisturbed earth shelf located on one (1) side of
the sewer or drain at such an elevation that the bottom of the service is
at least eighteen (18) inches above the top of the sewer or drain. No water
service shall pass through or come in contact with any part of a sewer manhole,
cesspool or dry well.
F.
Winter provisions. The water district shall not be required
to install any service lines or service connections between November 15 and
April 15 except by special arrangement, in which case the customer shall pay
for the excess over normal costs.
G.
Easements.
(1)
Applicants for service shall deliver, without cost to
the water district, permanent easements or rights-of-way when necessary for
the installation and maintenance of the service lines and service connections.
(2)
The water district shall not be obligated to commence
any construction until applicants either have obtained for it satisfactory
easements or rights-of-way or have agreed to pay such costs as may be incurred
if at their request the water district obtains such easements or rights-of-way
whenever these are required from parties who are not applicants for service.
H.
Delay. The water district shall not be compelled to proceed
with the installation of service lines and service connections under this
section when circumstances beyond the control of the water district prohibit
such construction. Said circumstances include but shall not be limited to
delays in delivery of materials, weather conditions, strikes, acts of God,
etc.
A.
Separate meters. An individual meter shall be required
for each premises and for each separate water service connection to a premises.
B.
Connections. The meter will be furnished and connected
by the water district. The water district reserves the right in all cases
to stipulate the size, type and make of the meter to be used on any connection.
C.
Location.
(1)
Whenever possible, a meter two (2) inches in size and
under shall be set in the basement. The meter shall be located at a convenient
point approved by the water district so as to protect the meter and to measure
the entire supply of water through the connection. When a meter cannot be
set in the basement, it will be set at or near the property line or in a place
designated by the water district, and the applicant shall reimburse the water
district for all expenses incurred by the water district in connection with
the proper housing of such water meter.
(2)
Meters larger than two (2) inches shall be set at or
near the property line or in a place designated by the water district, and
all expenses incurred by the water district in connection with its proper
housing, including bypass for testing, if required, shall be reimbursed to
the water district by the applicant. All meters one and one-half (11/2) inches
or larger shall have a bypass for testing.
(3)
In all cases, irrespective of meter size, where the distance
from the property line to the front wall of the building is greater than seventy-five
(75) feet, the water district may require that the meter be set at or near
the property line and proper housing be constructed at the expense of the
applicant.
(4)
When, due to special circumstances, it is necessary to
set any meter within the territorial limits of the public street, all expenses
incurred by the water district in connection with its proper housing shall
be reimbursed to the water district by the applicant. The meter will be furnished
and connected by the water district without cost to the customer. Meter housings
located in public streets will be maintained and, when necessary, replaced
at the expense of the water district.
D.
Title and maintenance. All meters and meter connections
shall at all times remain the sole property of the water district and shall
not be interfered with in any respect. All meters will be maintained by and
at the expense of the water district so far as ordinary wear and tear are
concerned, but the customer will be held responsible for damages due to freezing,
hot water or other external causes. In case of damage, the water district
will repair the meter, if necessary replacing it with another meter, and the
costs shall be paid by the customer. The water district recommends the customer
install, at his expense, suitable equipment properly located to prevent backflow
of hot water which may cause damage to the meter or other damage to the customer's
plumbing.
E.
Testing. The water district reserves the right to remove
and test any meter at any time and to substitute another meter in its place.
In case of a disputed account involving the question as to the accuracy of
the meter, such meter will be tested by the water district upon the request
of the customer. The fee for testing such meters will be five dollars ($5.)
for meters one (1) inch and smaller and twenty-five dollars ($25.) for larger
meters, payable in advance of the test. In the event that the meter so tested
is found to have an error in registration to the prejudice of the customer
in excess of four percent (4%) at any rate of flow within the normal test
flow limits, the fee advanced for testing will be refunded and prior water
bills will be adjusted for over-registration in accordance with recommendations
of the Town Engineer to the water district.
F.
Large-size meters. Meters larger than two (2) inches
in size shall be placed in specially designed settings at or near the property
line and will be tested in place at frequent intervals. If the diameter of
a meter is two (2) inches or more, no reduction in the size of the meter will
be permitted for a period of two (2) years. In addition, any customer having
a meter larger than two (2) inches who changes to a smaller meter and then
back to a larger meter within a period of one (1) year will be billed for
the entire period at the rate applicable to the larger meter.
A.
Bills payable. 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.
Meter reading. Meters may be read semiannually, quarterly,
bimonthly or monthly, and customers may be billed semimonthly, quarterly,
bimonthly or monthly at the water district's option.
C.
Quantity determination. 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 water district, 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 the meter in a corresponding past period when in order or
by the average registration of the new meter, whichever method is representative,
in the water district's opinion, of the conditions existing during the
period in question.
D.
Notification of change of occupancy. The customer shall notify the water district, in writing, of any change in occupancy. No adjustment of bills will be made by the water district as between owners or tenants unless ten (10) days' notice, in writing, prior to change of occupancy has been given to the water district. No rebate will be given for unoccupied premises unless notice of nonoccupancy is given as required in Subsection F hereunder.
E.
Due date; penalty for arrearages. All bills are due and payable net cash when rendered. In case any water bill or charges provided for in and by these rules shall not be paid within thirty (30) days following the rendering of the bill, such bill shall be delinquent. Unpaid water charges in arrears for thirty (30) days or longer from the date of rendering shall be subject to a penalty of ten percent (10%). The water district or its agents may cut off the supply of water if water charges are not paid within sixty (60) days from the date due. Water service will not be reestablished until such unpaid charges, together with the charge for restoration of service as provided in Subdivision C of § 147-9 are fully paid.
F.
Discontinuance of service.
(1)
Any customer may discontinue water service by giving
the water district written notice not less than ten (10) days prior to the
discontinuance, and all liability for charges for service rendered after the
discontinuance of service, as herein provided for, shall cease.
(2)
Upon discontinuance of the service, the water district
will promptly refund to the customer the pro rata amount of every advance
payment for any service after said discontinuance, said refund to be based
upon the relation of the period after the discontinuance of service to the
entire period for which said advance payment was made after deducting the
proper charge for any excess water consumed to the date of discontinuance.
(3)
The above rules relative to discontinuance of service
and refunds of advance payments do not apply to private fire protection or
water service to real estate developers or prospective owners or prospective
occupants of premises abutting on public streets when such service is the
only one rendered to the customer requesting discontinuance of the service.
A.
Discontinuance of service by water district. Water service
may be discontinued for the reasons set forth below and only after the water
district, upon due notice, provides the customer with an opportunity to voice
his or her objections to such discontinuance of service before the Town Board
of the Town of Manlius.
(1)
For use of water other than as represented in the customer's
application or through branch connections on the street side of the meter
or place reserved therefor.
(2)
For willful waste by the use of water through improper
and imperfect pipes or by any other means.
(3)
For molesting any service pipe, seal, meter or any other
appliance owned by the water district.
(4)
For nonpayment of bills for water or services rendered
by the water district.
(5)
For cross-connecting pipes carrying water supplied by
the water district with any other source of supply or with any apparatus which
may endanger the quality of the water district's water supply.
(6)
For refusal of reasonable access to the property for
the purposes of reading, repairing, testing or removing meters or inspecting
water piping and other fixtures.
(7)
For violation of this chapter.
B.
Application of regulations to joint lines. Where two
(2) or more premises are now supplied with water through one (1) service pipe,
under the control of one (1) curb stop, if any of the parties so supplied
shall violate any of the above regulations, the water district reserves the
right to apply its shutoff regulations to the joint-service line, except that
such action shall not be taken until the innocent customer who is not in violation
of the water district's regulations has been given reasonable opportunity
to attach the service pipe leading to his premises to a separately controlled
service connection.
C.
Charges for restoration of service. When water service
to any premises has been turned off upon the order of the customer or for
any of the above reasons and service at any premises is again desired by the
same customer, including seasonal customers, a charge of five dollars ($5.)
will be made for the restoration of service during regular business hours
and seven dollars and fifty cents ($7.50) during other than regular business
hours, provided that the discontinuance of service has required only the removal
of the water district's equipment from the customer's premises,
the closing of the curb stop or turning off the water elsewhere not involving
any unusual expense. If, however, by the willful acts of the customer, it
becomes necessary to shut off or disconnect the service pipe at the water
district's main, the charge to the customer for restoration of service
will be the actual cost incurred by the water district incident to the disconnection
and reconnection of the service pipe.
D.
Use of fire hydrants. No person, except as specifically
authorized by the water district, shall take water from any public fire hydrant
for any use whatsoever, other than for fire purposes. The use of public fire
hydrants for washing streets or flushing sewers is not permitted except upon
specific authorization from the water district, and for such uses the municipality
or others will be billed at meter rates set forth in the rate schedule. If
water is used from public fire hydrants without specific authorization by
the water district, the quantity so used will be estimated and the user will
be billed at the meter rates set forth in the rate schedule.
E.
Prohibited connections. In the interest of public health,
the water district's mains or services shall not be connected on any
premises with any service pipe or piping which is connected with any other
source of water supply not approved by the Department of Health of the State
of New York; nor shall the water district's mains or service pipes be
connected in any way to any piping, tank, vat or other apparatus which contains
liquids, chemicals or any other matter which may flow back into the water
district's service pipe or mains and consequently endanger the water
supply.
F.
Nonliability of water district for breaks. Upon receipt
of an application for a new service or for the reinstatement of an existing
service, the water district will assume that the piping and fixtures which
the service will supply are in proper order to receive the same, and the water
district 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.
G.
Right to shut off service. The water district undertakes
to use reasonable care and diligence to provide a constant supply of water
at 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. It is expressly agreed that the water
district 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
caused thereby or by the bursting or breaking of any main or service pipe
or any attachment to the water district's property. All applicants having
installations upon their premises depending upon the pressure in the water
district's pipes to keep them supplied are cautioned against danger of
collapse, and all such damage shall be borne exclusively by the applicant.
H.
Forms. All applications, contracts, agreements and any
other forms required in connection with this chapter shall be in the form
and shall contain such general conditions, provisions and terms as the town
shall approve. Copies of such forms shall be filed at the office of the Town
Clerk.
I.
Frozen lines. In those cases where a customer-owned main
or service is frozen, the thawing shall be done at the expense of the customer.
To avoid a recurrence of freezing, the water district may order an examination
of the customer's service pipe or main, and if the same is not at a depth
of four and one-half (41/2) feet as required, the water district reserves
the right to require it to be so relocated before service is resumed.
J.
Restrictions on use of water. The water district reserves
the right, in periods of drought or emergency, to restrict the use of water
for sprinkling purposes or other nonessential purposes or to prohibit the
use entirely.
Classification of services rendered and facilities furnished and rates
and charges therefor shall be established and may be changed from time to
time, amended or repealed by resolution of the Town Board. Nothing herein
contained shall prevent the Town Board from establishing separate schedules
of rates for separate water districts or from changing, amending or repealing
the same by resolution of the Town Board.
It shall be the duty of the Water Superintendent to enforce the regulations
and restrictions provided by this chapter.
The Town Board reserves the right to change, modify, supplement or amend
this chapter, any and all rules and regulations and the rates and charges
for the use of water from time to time. The right is also reserved to make
such additional rules and regulations which to the Town Board deem appropriate
to promote the health, safety, morals and welfare of the inhabitants of the
town in order to regulate the water supply and to promote the proper and efficient
administration of the water district and to make rates and/or contracts for
the use of water in special cases by resolution of the Town Board.
Any violation of this chapter or of any regulation or provision hereof
shall constitute an offense and shall be punishable by a fine not exceeding
twenty-five dollars ($25.) or imprisonment not exceeding thirty (30) days,
or both.
