[HISTORY: Adopted by the Board of Trustees
of the Village of Maybrook: Art. I, 4-23-1979 by L.L. No. 5-1979 as
Chapter 45 of the 1979 Municipal Code; Art. II, 1-13-1992 as part
of L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
99.
Streets and sidewalks — See Ch.
165.
Subdivision of land — See Ch.
171.
[Adopted 4-23-1979 by L.L. No. 5-1979
as Chapter 45 of the 1979 Municipal Code]
The following rules, regulations and requirements
shall be deemed to be incorporated in and form part of and are hereby
made a part of the terms and conditions for the supply and use of
water furnished to all parties and consumers whatsoever by the Village
Board of Trustees of Maybrook, New York, and all applicants, parties
and consumers hereby expressly consent hereto as a condition precedent.
All subsequent changes in rules, regulations and requirements shall
constitute a part of the contract with the consumers and owners of
property supplied with Village water.
As used in this chapter, the following terms
shall have the meanings indicated:
BOARD
The Board of Trustees of the Village of Maybrook, New York,
or the duly authorized employees or agents thereof.
CUSTOMER
The party who has made application for water service to the
premises described in the application.
MAIN
A pipe owned by the Village used for supplying water to more
than one premises.
PUBLIC STREET
The territorial limits of any street, avenue, road or way
that is for any highway purpose under the jurisdiction of the legislative
body of the Village, county or State of New York.
STREET SERVICE CONNECTION
A pipe with appurtenances used to conduct water from the
main to the property line of the premises.
A. All applications for the use of water through a service
pipe and all applications for the introduction of service pipes for
the tapping and inserting of corporation cocks for private pipes must
be made, in writing, to the Village Clerk, who will keep a proper
record thereof, by the owner of the premises sought to be supplied
or by a duly authorized agent. Authority of the agent must be filed
with the Village Clerk.
B. Applicants will state fully and truthfully all purposes
for which the supply is required, with the correct street number of
the premises or the exact location of the premises. The application
must be accompanied by a permit from the Village Superintendent of
Public Works for making necessary openings in the street and sidewalk.
Permits may be obtained from the Village Clerk by the owner or authorized
agent.
C. All new
development, including but not limited to the construction of new
residential and commercial buildings or structures, or accessory structures,
required to have or requesting any method of water service, shall
be required to connect to the Village public water facilities.
[Added 11-8-2010 by L.L. No. 4-2010]
A. Water for construction or other temporary purposes
may be furnished on an application for a metered service connection
from a fire hydrant.
B. In all cases where water is to be used for construction
or other temporary purposes, the applicant shall, in addition to paying
any established charge for such connection, make a cash deposit with
the Village Clerk in the amount of $50 to cover any damage that may
be done to the hydrant, meter or any property of the Board of Water
Supply, which deposits shall be returned to the applicant, without
interest, upon the satisfactory discontinuance of service. The Board
may also require an additional deposit to guarantee the payment of
the charges for water service.
When water service to a customer has been terminated
for any reason other than temporary vacancy of the premises, it will
be renewed only after the conditions, circumstances or practices which
caused the 'water service to be discontinued are corrected to the
satisfaction of the Board and upon payment by the customer.
A customer who has made application for water
service to a premises shall be held liable for all water service furnished
to such premises until such time as the customer properly notifies
the Village Clerk or Superintendent of Public Works to discontinue
the service for his account.
A. All applications for new street service connections
or the replacement of existing street service connections in public
streets shall be made as hereinbefore stipulated.
B. The size of the street service connection shall be
determined by the Board and Superintendent of Public Works on the
basis of information given on the application of the customer. The
minimum size for any street service hereinafter installed shall be 3/4
inch, with not less than a five-eighths-inch tap in the main.
C. All expenses attending the introduction of water from
the main into any premises must be paid by the customer.
D. All street service connections shall be laid to provide
a minimum cover of four feet, but, if the main to which the connection
is made has a cover of more than four feet, then the street service
connection shall be laid to have a cover equal to the cover of the
main, provided that such cover need not exceed five feet.
E. Taps in all mains having a cover of less than five
feet shall be made on the side of the main.
F. The pipe for street service connections shall be approved
by the Board for sizes not to exceed two inches and cast-iron or such
other kind of pipe for sizes over two inches as will conform to the
reasonable requirements of the Board in supplying adequate safe service.
G. Any plumbing work in connection with the water works
system and the customers shall be done by persons approved by the
Superintendent of Public Works.
H. Taps in the street main shall be made only by the
Superintendent of Public Works. The Board or its authorized agent
may at any time enter a building or upon premises where water is used
from supply pipe and make necessary examinations.
I. The street service pipe from the corporation cock
shall be furnished and installed by and at the expense and risk of
the customer.
J. The curb cock and curb box and copper tubing will
be furnished by the Village at cost, but there shall be a charge for
tapping the connection. All of the above shall remain the property
of the Village.
K. The curb box shall be set between the curbline and
the property line on level with the finished grade of the ground or
sidewalk and as near the property line as practical.
A. The customer's service pipe between the property line
and the structures on the premises to be supplied shall be furnished
and installed by the customer at his expense and risk. The pipe shall
be of a size not smaller than the street service pipe, and the minimum
size shall be 3/4 inch. Requirements hereintofore stipulated
regarding pipe material and plumbers for installation work shall apply.
B. All of the customer's service pipes hereinafter shall
be laid to provide a cover equal to that of the street service connections,
but in no case shall the cover be less than four feet. The service
pipe shall be placed on a firm and continuous earth so as to give
unyielding and permanent support and shall be installed in a trench
at least three feet in a horizontal direction from any other trench
wherein are laid gas pipe, sewer pipe or ether facilities, public
or private, unless otherwise specifically authorized and approved
by the Village Board.
C. The customer shall install a shutoff valve on his
service pipe immediately adjacent to the house side of the meter and
so located as to be readily accessible to the occupants.
D. The customer shall make all changes in his portion
of the service pipe required on account of changes, grade, relocation
of mains or other causes.
E. No attachment to the service pipe or any branch therein
shall be made between the meter and the street main.
F. Each premises shall be supplied through a separate
street service connection curb cock and box.
G. Any repairs or maintenance necessary on the customer's
service pipe or on any pipe or fixture or upon the customer's premises
shall be performed by the customer at his expense and risk.
H. The customer shall notify the Board promptly of any
leak, defect or damage affecting the service pipe between the property
line and the point where metered.
All plumbing work done on the customer's service
pipes between the property line and the meter or on the street service
connections shall be submitted for inspection of the Superintendent
of Public Works, and no underground work shall be covered up until
inspected and approved by the Superintendent of Public Works.
No pipe or fixtures connected with the mains
of the Village shall also be connected with pipes or fixtures supplied
with water from any other sources, unless specifically approved by
the Department of Health of the State of New York.
In conformity with § 11-114 of the
Village Law, the owners of premises into which water is introduced
by a service pipe shall be required to maintain in perfect order and
repair, at the owner's expense, said service pipe and its fixtures
and appurtenances, from the main to and into the premises. All such
repairs shall be done under the supervision and direction of the Superintendent
of Public Works. It shall be the duty of the property owner to always
keep the curb stop box in perfect repair and free from all foreign
material.
Each separate building supplied with water must
have its own separate connection directly with the main, except that
two or more buildings located on the same premises, which are owned
by the same-person, may, subject to the written application of the
owner and consent of the Village Board, be supplied through the same
connection, provided that the single ownership continues. Hereafter,
if the building or buildings on any premises to be supplied with water
are not within a reasonable distance of the street line, then the
meter on the service to be supplied shall be set near the street line
at a point designated and in a manner approved by the Village Board.
A. The water supply to any premises shall not be turned
off or turned on (except in case of emergency) at the curb, except
by an authorized employee of the Village Board.
B. When the water is turned off in a case of emergency,
the superintendent of Public Works must be notified within 24 hours
thereafter. Upon failure to do so, the party or parties responsible
for the act shall pay and forfeit the sum of $5 for each offense;
provided, however, that the occupant of a building desiring to close
said building for a limited period, and against which there is no
charge for water rent, may, with the written consent of the Village
Clerk, employ a competent plumber to shut the water off and turn the
same on at the curb.
Excessive or unnecessary waste of water, whether
caused by carelessness or by defective or leaky plumbing or fixtures,
is prohibited. For disregard of a notice to abate any wastes of water
or to repair a leaky fixture or pipe, the water will be shut off and
not turned on again until the waste has been stopped or the leak fixed
and the service charges paid for shutting off the service. No allowance
will be made for excessive consumption due to leaks or waste.
A. Extension of-street mains within the limits of the
corporation may be initiated by the Village Board of Trustees or by
petition from abutting property owners.
B. No petition for the extension of a street main will
be granted until the street has been legally opened, the street surface
has been graded to the grade established and the street has been duly
accepted by the Board of Trustees of the Village of Maybrook, New
York.
C. The Village Board reserves the right to refuse all
petitions for extensions of mains where the estimated water rents
will not warrant the cost of installation, but special arrangements
may be made in some instances by the applicant agreeing to pay a fixed
sum per annum until such time as the water rents from such extension
amount to the sums so paid annually.
Property owners desiring to introduce water
into premises along an unopened or ungraded street, highway or alley
must make application to the Village Board of Trustees. In case a
permit is granted, the Village Board will furnish a map or other explicit
directions in detail in regard to the point and method of attachment
to the street main, the position and depth which said service must
occupy in the street, highway or alley, all the attachments and appurtenances
which are required for the proper control and management of said service
and the material of which it shall be composed, by and at the expense
of the applicant, by whom all of the above directions must be carefully
complied with.
A. The water mains of the Village are under the exclusive
control of the Village Board of Trustees. No person other than employees
of the Village Board shall disturb, tap, change, obstruct access to
or interfere with them in any way.
B. Every person violating this rule shall forfeit and
pay as a penalty for such violation the sum of $10 for each violation.
A. It is expressly agreed and stipulated that the Village
Board of Trustees shall have the right at any or all times to shut
off the water or decrease or increase the pressure, without notice,
for the purpose of extending, repairing or cleaning mains and appurtenances
or for any other purpose.
B. Although the Village Board will endeavor to give timely
notice to the consumer affected thereby and will, so far as practicable,
use its best efforts to prevent inconvenience and damage arising from
any such cause, failure to do so will not render the Village responsible
or liable for damages that may result therefrom or from any other
cause.
A. Fire hydrants are provided for the sole purpose of
furnishing water for extinguishing fires and are to be used only by
the Fire Department of the Village or by such persons as may be specially
authorized by the Board of Trustees.
B. Any person or persons who shall open or use any fire
hydrant for building purposes or street sprinkling or shall permit
any plugs to be so used by any person in his or their employ for any
purpose whatever, (except in case of fire in the neighborhood), without
a written permit for that purpose, shall pay a fine of $10 for each
offense.
A. Contractors, builders and others shall obtain from
the Village Board a written permit before using any water for building
purposes.
B. Plumbers or others, after completing the work of introducing
the water in a property and testing the pipes and fixtures, shall-turn
water off at the curb cock line, unless a meter has been set on the
service. On failure to do so, they shall pay a fine of $10 for each
offense.
C. Any injury to service pipes, street mains, valves,
hydrants or other fixtures or damage or leakage occasioned thereby
shall be made good by the person or corporation for whom the work
is being done.
A. All water used on any premises or for any purpose
whatever shall be metered. No bypass or connection shall be made or
maintained unless covered by a meter. Only meters which have been
furnished or approved by the Board of Trustees shall be installed.
The Village Board shall determine the type and size of the meter in
each instance.
B. Upon application, the meter will be furnished to each
consumer by the Village at the expense of the owner, who shall thereafter
pay for the amount of water consumed as indicated by the meter, in
accordance with the schedule hereinafter mentioned. The meter shall remain the property of the Village. Any
repairs other than ordinary wear and tear shall be at the expense
of the owner, including but not limited to repairs required because
of freezing, hot water or physical damage. The fee for meters and
repairs shall be the cost of the Village.
[Amended 3-25-1985 by L.L. No. 2-1985]
C. All meters furnished by the Village will be tested
before being set. Meters furnished by other parties will not be recognized
unless they have been first tested by the Water Department and a special
permit has been given to set the same.
D. All meters shall be located, placed and kept free
from all obstructions so as to afford easy access thereto, in order
that they may be easily read and inspected.
E. No person shall in any way interfere or tamper with
the water meter or the valves and fittings connected therewith without
a written permit from the Village Board. Any person violating the
provision of this rule shall forfeit and pay as a penalty for such
violation the sum of $25 for each violation.
A. At the written request of a consumer, the Village
will test the meter supplying the premises of said consumer. If the
meter is found to be registering over 3% more water than actually
passes through it, no charge will be made for the test; otherwise,
a fee of $10 shall be charged to the consumer to cover the cost of
removing, testing and resetting the meter. The Village reserves the
right to inspect, test, repair or replace any meter connected in the
Village water system.
[Amended 3-25-1985 by L.L. No. 2-1985]
B. If the meter gets out of order and fails to register
or if the testing of a meter shows that it fails to register correctly,
the charge to the consumer for water may be made upon the basis of
any previous consumption which may appear to the Village Board to
be an equitable adjustment of the probable amount of water consumed.
C. Adjustments, if made, will be determined on the merits
of each particular case, and any deduction made shall not establish
a precedent for any ensuing claim.
A. Any owner or duly authorized agent wishing to discontinue
the water service from premises temporarily vacant must give written
notice thereof at the office of the Village Board and order the same
turned off; otherwise, charges will be continued until such notice
is given. For shutting off and turning on water, a charge of $2 to
cover the cost of operation will be made.
B. No claim for deduction owing to vacancy of any premises
will be allowed for a period of less than three months.
C. Where a building is demolished and service is discontinued,
the service line must be shut off at the main.
Village Law § 11-1118 provides that
the Village Board of Trustees shall establish a scale of rents for
the use of water to be called "water rents" and to be paid at such
times as the Board may prescribe. Such rents shall be a lien on the
real property upon which the water is used, and such lien is prior
and superior to every other lien or claim except the lien of an existing
tax. The Board of Trustees may bring and maintain an action in the
name of the Village for the foreclosure of such liens for such water
rents.
A. The Board of Trustees is hereby authorized to establish
a schedule of water rents setting forth charges for water during each
billing. Such schedule shall be adopted from time to time by resolution
of the Board of Trustees following public hearing on such notice as
the Board shall prescribe.
[Amended 12-15-1980 by L.L. No. 6-1980; 7-29-1981 by L.L. No. 1-1981; 6-11-1990 by L.L. No. 3-1990; 5-9-1994 by L.L. No. 2-1994]
B. Special rates. Water may be sold in quantity by special
contract, The Village Board of Trustees reserves the right to make
any special contracts for the use of water that it may deem advisable.
A. Bills for water rents shall be due and payable at
the office of the Village Clerk quarterly, on the first days of January,
April, July and October of each year commencing as provided for herein.
Water rents for January and July may be based on estimated consumption.
To all bills not paid within the month rendered, a penalty of $25
will be added.
[Amended 12-15-1980 by L.L. No. 6-1980; 6-11-1990 by L.L. No. 3-1990; 10-12-2004 by L.L. No. 8-2004]
B. Upon failure by the owner of any premises supplied
with water to pay water rents within 60 days after the same shall
become due or failure to pay any fine or penalty herein provided for
within 10 days from the time the same is imposed, the Board of Trustees
shall cause the supply of water to such premises to be cut off. The
water supply shall not be restored to said premises until all water
rents, charges, fines and penalties are paid in full, together with
the expense of shutting off and turning on such water, which in no
case shall be less than $5. Failure to receive bills will not entitle
the owner or consumer to remission of penalty or absolve them from
the effect of having water shut off for nonpayment of rents.
No consumer will be allowed to furnish water
to others or suffer the same to be taken for any purpose without receiving
a special permit from the Board of Trustees. The penalty for violation
of this rule is a fine of $10 for each offense.
A. Any person or persons violating any of the foregoing
rules, regulations and requirements governing the introduction, supply
and consumption of water for which no penalty has heretofore been
provided for the distinct violation shall forfeit and pay as a penalty
for such violation the sum of $10 for the first offense and the sum
of $25 for each succeeding offense.
B. Whenever any person or persons has incurred any fine
or penalty under the provisions of these rules, regulations and requirements,
it shall be held to mean that the sum designated, together with the
cost of prosecution, and the penalties and fines herein referred to
shall be in addition to any civil remedy which the Village of Maybrook,
New York, might have in an action of law against the party or parties
offending.
The Village Board of Trustees of the Village
of Maybrook, New York, expressly reserves the right at any time to
alter, amend or make such addition to those rules, regulations and
requirements as may be found essential for the more perfect protection
of the public interests and the management of the Water Department.
The officers of the Village Board and every
person by them delegated for the purpose shall have free access at
any time to all parts of any building, structure or premises where
Village water is being used or has been introduced.
A. The Village of Maybrook shall not be held liable for
failure to supply water to any container on account of unforeseen
or uncontrollable conditions and further reserve the right to control
the amount of water supplied in the extent that the supply becomes
short for any reason.
B. They also reserve the right, at any time they consider
it necessary, to prohibit the use of water for sprinkling lawns or
gardens, washing automobiles or any other such purpose.
[Adopted 1-13-1992 as part of L.L.
No. 1-1992]
The Board of Trustees is hereby empowered to
establish, and from time to time revise, by resolution, charges of
the following categories:
A. Water facilities improvement and connection charge.
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 sewer systems 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.
No new residential, commercial or industrial
unit shall connect to or change the use of the connection to the Village
water system until all charges attendant thereto have been paid.
A. The Board of Trustees shall annually, in conjunction
with the adoption of the budget, review the charges, capital improvement
program and capital reserve accounts. The purpose of such review shall
be to:
(1) 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.
(2) Consider 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.
(3) Consider the refund of fee moneys which have 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.
B. The Board of Trustees is hereby empowered to establish
an administrative mechanism for the refund of impact fees when such
fees have not been found necessary for the funding of capital improvements.
Such refunds shall be fairly allocated.