[Adopted 8-8-1983 by L.L. No. 7-1983]
As used in this article, the following terms shall have the meanings
ascribed to them:
Any person, corporation, partnership or other entity requesting a
permit under the provisions of this article and those acting on behalf of
the applicant in undertaking work provided by the permit.
The owner of the premises supplied or furnished with water or the
person or entity using such water if not the owner.
Any natural person, partnership, corporation or other entity.
The pipe and attachments of every kind and nature appurtenant thereto
connecting the street main with the house or building piping.
The Superintendent of Highways of the town.
Any obligation of an owner for remuneration as created by this article
or separate local law and setting for water rates, including but not limited
to connection fees, excavation, liability for repairs, relocation, damage
or indemnification.
That department, agency, employee, or private contractor of the Town
which is authorized by the Town Board to operate, maintain and, in general
terms, manage or supervise the water systems of the town, and shall include
the Town Building Inspector and the office of the Comptroller.
The pipe and attachments of every kind and nature conveying water
along the streets of the Town or in any easement or right-of-way.
This article shall govern all water improvement districts and areas
existing within the Town of Wappinger, whether created pursuant to Town Law
or other authority.
A.
Before water shall be turned on for the supply of any
building or premises, application therefor shall be made, in writing, to the
town, which application shall be signed by the owner and be upon a form supplied
by the Building Department and filed with the Building Department. The application
must be approved by the Building Inspector before any connection is made with
the street main or the service main. Inspection of the connection to the main
shall be made by the Engineer to the Town or his representative.
B.
The applicant shall be held responsible for all water
rents and charges until due notice of change of ownership shall have been
made by him, in writing, and delivered to the Town at least 10 days before
going into effect. Every owner taking water or permitting water to be taken
for use on his premises agrees to this article and agrees to be bound by it
and by such other rules and regulations as may thereafter be established for
any Town water improvement area or water district.
A.
No street, sidewalk or other public ground shall be opened
for the purpose of laying any water pipe or service pipe or doing any work
whatever about any water main or pipe or service pipe or fixture, or for the
purpose of making any connection with any water pipe or doing any work in
connection therewith, unless a permit therefor shall be obtained from the
Town Superintendent of Highways, unless the work is to be done under contract
with the Town Board or by the Town Water Department.
B.
Before any permit required by Subsection A shall be granted, the applicant shall file a bond in the office of the Town Clerk in the sum of not less than $10,000, or in such greater amount as specified by the Engineer to the town, properly conditioned to indemnify the Town against any loss which the Town may sustain by reason of the negligence of such applicant, his agents, employees or representatives, or his failure to comply with this article and compute in a proper manner the work undertaken by him. The bond shall be approved by the Town Board as to its form and the sufficiency of the surety, before filing.
C.
In the opening of a street, sidewalk or other public
ground for the introduction or repair of any water service pipe or connection
under authority of a permit issued pursuant to this section by the Town Superintendent
of Highways, the applicant shall be responsible for all damages resulting
from such trench or opening, even though the work is performed by some other
person, the permit for making the excavation or opening in the street, sidewalk
or other public ground being to the applicant only, and any person opening
the street, sidewalk or other public ground under the permit does so as the
agent of the applicant and by no other authority. The applicant shall duly
regard public safety and convenience and such excavations shall be adequately
guarded and proper lights displayed by him at night to warn and protect the
public.
A.
No person shall tap any street main or make any connection
therewith, except as authorized under the permit, unless the tapping is made
as an adjunct to a contract with the Town for the installation of the street
mains on which said tap is being made. The Building Inspector shall approve
the setting of all meters. No one shall turn on any water service nor shut
off any water service except with the knowledge of and permission of the Water
Department.
B.
Service taps shall be made under the direction and supervision
of the Building Inspector and/or the Engineer to the Town using materials,
methods and specialized persons or firms such pipes and materials which have
been installed.
A.
Every water service shall be supplied through a meter.
Only one meter shall be set in any service main. If more than one meter is
desired or required for a building or premises, a separate service main must
be run to the street main for each and additional meter. When exceptional
conditions warrant deviation from this rule, a special permit shall, however,
be revocable at the discretion of the Town Board.
B.
Separate water service lines designed and installed exclusively
for fire-fighting purposes (i.e., sprinkler systems, etc.) and from which
there are no connections or tees or taps from which water may be drawn and
used for purposes other than fire fighting and protection need not be metered.
C.
All meters shall be provided by and at the expense of
the owner of the premises requiring the meter and shall be of the size and
type acceptable to the Building Department. Meters shall be set at the expense
of the property owner in such location, position and manner as to be readily
accessible for reading, repair or replacement, kept free from obstruction
and fully protected from freezing and damage at the property owner's
expense. Remote-reading heads shall be installed at locations on the outside
surfaces of building, in accordance with Town specifications. Cables or wires
connecting remote-reading heads with the meters shall be protected from damage
by the property owner. A penalty as set from time to time by resolution of
the Town Board will be imposed when a meter is damaged by freezing or other
negligence on the part of the owner or when a remote-reading cable or head
is damaged by the property owner's negligence, which penalty shall be
a lien against the property. Any damage to the lines, meter remote-reading
heads or other equipment shall be presumptively the result of negligence of
the owner unless rebutted by the owner. The final determination of responsibility
shall be made by the Building Department. All meters, cables, remote-reading
heads and all other equipment accessory to the meters shall be under the exclusive
control of the water improvement areas or districts and subject to inspection
at all times by the town's contract operators, the Building Inspector
or other agents authorized by the Town Board.
D.
All water passing through a meter will be charged for,
whether used or wasted. Meters will be tested at the consumer's request;
and if the meter is found to be accurate, the consumer shall bear the expense
of the test. Any meter may be tested for accuracy at the discretion of the
town. Should a meter of size greater than 3/4 inch be found to be inaccurate,
the consumer shall, upon written notification, have the meter repaired within
45 days of the notice at his expense. Meters will be considered accurate if
registering within 2% plus or minus. If a meter is out of order and fails
to register correctly, the consumer will be charged the average daily consumption
as shown by the meter when in accurate working condition.
E.
No person shall interfere or tamper in any way with the
meter or meter accessories or the valves and fittings connected thereto. Any
person violating this subsection shall forfeit as a penalty for such violation
the sum as set from time to time by resolution of the Town Board for each
violation.
F.
All meters shall be sealed. The seal may be broken only
by the authorized agent of the Town Board. Should the seal be broken in any
other manner, the property owner will be held responsible and the Town Board
reserves the right to order the meter removed for test or replacement at the
expense of the property owner.
G.
Access shall be given to the town, the Water Department
or contract employees of the Town to the area of a building where the water
meter is located or is to be located for purposes of inspection, repair, modification
or replacement. It shall be the obligation of the owner to reimburse the water
improvement area or acceptable to the Engineer to the Town and/or the Building
Inspector. Costs for such taps are not included in the fixed fee schedule,
but shall be separately borne in their entirety by the applicant for water
service.
H.
No person shall lay any service main or make any attachment
thereto or any alterations or repairs to the service main or appurtenances
thereto except a contractor or other person who has obtained a permit therefor
as prescribed in this article or persons or firms working under contract with
the Town for such work.
I.
There shall be no tap, provision for a tap, plugged tee
or other such fitting in the service main between the street main and the
meter. Any yard hydrant, fountain or hose must be connected on the building
side of the meter. In cases where water would be used for fire prevention
or for filling fire service tanks only, a tee before the meter could be permitted.
J.
All service pipe shall be of the best grade and weight,
standard Type K copper tubing for sizes through two inches meeting AWWA specification
7S-CR. Service pipe over two inches may be ductile iron meeting AWWA specification
CI51-76. All pipe shall be rated for service of 150 pounds per square inch
or greater. No service shall be less than 3/4 inch.
K.
Service pipe shall be laid not less than four feet below
the surface of grade and its vertical and horizontal alignment in relation
to any sewer or other parallel pipe shall conform to Health Department standards
and to the requirements of the town's standards. An alternate when rock
or other conditions is encountered will be allowed when the town's insulation
standards are complied with.
L.
The entire expense, both in labor and material, of installing
the service from the curb stop at the street line to the gate valve at the
meter shall be borne by the owner of the premises. In those districts where
service pipe from the street main to the curb stop at the property line was
not provided by intent, the entire expense, both in labor and material, of
installing the service from the main to the gate valve at the meter, both
inclusive, shall be borne by the owner of the premises and the street surface
and walks and other surface elements replaced as they were found at the property
owner's expense. In those cases where the size of the service already
installed from the street main to the curb stop is not suitable to the property
owner for his intended use, the property owner may, upon application for and
issuance of a permit, install a suitable service from the tap to his meter
inclusive at his own expense.
M.
Only one property or property unit shall be supplied
through a single service pipe. Should repairs to the service main or its appurtenances
and fixtures become necessary to prevent waste of water or to maintain service,
the repair and the cost of such repair will be made pursuant to the Town of
Wappinger Ordinance of regulating water and sewer service pipes, adopted February
13, 1980.[1]
N.
Every service main shall have a cock or other approved
valved tap in the main, an inverted key stopcock or other approved valve with
a metal protecting box at the curb or property line and a gate valve or other
approved valve just before the meter, the installation of which shall be the
expense of the owner. It shall be the duty and responsibility of the property
owner to keep the curb box in good repair, above ground and accessible at
all times.
O.
No person, except Town contract personnel or acting with
permission of the Building Inspector under a duly authorized permit, shall
open or close any valve on the street mains or services or any cocks in any
curb box or tamper or interfere with same in any way whatever.
P.
Personnel of the Town contract operator, the Building
Inspector or other persons authorized by the Town Board may at any time enter
a building or upon premises where water is used from supply pipes connected
to the street mains for purposes of examining district for any expenses incurred
by it in installation, repair or replacement if the meter and water lines
necessary for replacement of meters are not reasonably kept in an accessible
location. Each meter or meter water line shall be directly accessible without
the necessity of removal of any permanent wall, floor covering or other covering
preventing direct access and installation, removal or repair or inspection.
The rents for the use of water and all charges in connection therewith
shall be due and payable quarterly on schedules established by the Town Board
at the office of the Town Comptroller. Fractional parts of a quarter will
be computed from the day the meter is installed to the day of the quarterly
reading. No abatement of the minimum charge for water rent shall be made unless
water is disconnected at the curb box.
A.
The rent per quarter, which includes rental of a water
meter, if any, shall be determined by local law.
[Amended 1-9-2006 by L.L. No. 1-2006; 1-9-2006
by L.L. No. 2-2006]
(1)
The following districts shall collectively be known as
the Central Water System because they are all hydraulically connected:
(a)
Central Wappinger Water Improvement.
(b)
North Wappinger Water Improvement.
(c)
Myers Corners II Water District.
(d)
Cranberry Hills Water Improvement.
(e)
Oakwood Water District.
(f)
Wappinger Park Water District and Extension.
(g)
Ardmore Hills Water Improvement Area.
(h)
Meadowood Water District.
(2)
The water rate structure for the Central Water System
for the 2006 calendar year is as follows:
C.
All unpaid water rents, charges and penalties which are
in arrears for 30 days or longer shall be subject to a penalty of 10% of the
amount due.
D.
If all water rents, charges and penalties are not paid
within 60 days after the due date, the Town Comptroller shall mail to the
owner, or, if previously directed to send bills and notice to an agent or
tenants, then to such agent or tenant, a notice of the arrearage containing
the total amount then due with notice and stating that unless paid within
five days after date of mailing the notice, service will be discontinued,
and service shall not be restored until all charges and penalties shall have
been paid and the further sum as set from time to time by resolution of the
Town Board shall have been paid for the restoration of service.
E.
All water rents and other lawful charges in connection
with the water system as prescribed by this article, including but not limited
to fees for opening and connection, charges for repair and relocation and
obligations of indemnification, shall be a lien upon the real estate where
such water is supplied. All penalties for the violation of any rules and regulations
adopted, if not paid when imposed, shall constitute a lien upon the real property
and premises in like manner as unpaid water rents.
F.
All water rents, penalties and other lawful charges remaining
due and unpaid at the time for annual tax roll of the water improvement area
is made up shall be included therein and levied against the real property
on which the water shall have been used and shall be collected with and in
the same manner as other Town taxes with the additional fees, charges and
penalties incident to the collection of such taxes.
G.
If requested by the owner, in writing, the Town Board
will send bills and notices to agents or tenants in the owner's name,
but water rents, charges and penalties are a lien upon the property where
the water is supplied and owners shall remain responsible for the payment
thereof.
[Amended 3-8-2004 by L.L. No. 4-2004]
Water shall not be turned on or off except by the Town's authorized agent. There will be no charge for the first turning on of the water, but should the Town Board or its agent turn it off because of any delinquency on the part of the consumer or for other valid cause, the water will not be turned on again until all the charges and a fee as may be set forth in Chapter 122, Article IV, § 122-16M of the Code have been paid by the owner. When water is turned on or off at the request of an owner a fee may be charged as set forth in Chapter 122, Article IV, § 122-16M of the Code. While so shut off by the Water Department at the curb box, the minimum charge for water will be made.
A.
The Town Board reserves the right to suspend or discontinue,
when the public interest shall require it, the use of any water service, including
street mains, and also to shut off the water for repairs or alterations of
the street mains or service mains or for other purposes and to keep it shut
off as long as may be necessary.
B.
Neither the Town nor any of its officers or agents or
the Town water improvement areas or districts shall be held responsible or
be responsible to consumers for any damages which may result from or be caused
by shutting off or turning on the water, even when no notice is given, and
no deduction from water bills shall be in consequence thereof. No claim shall
be made against the town, the improvement areas or districts or any damages
arising from the bursting or breaking of any street main or service pipe or
any fixture or attachment thereto wherever situated or from the failure or
diminution of the water supply, whatever the cause thereof.
If an owner has any source of water other than from the Town public
water system, such source will be considered nonpotable. Before making any
service connection between the Town public water supply and a consumer's
premises, it shall be required that all connections between individual wells
or other outside sources of supply physically be disconnected from the consumer's
plumbing fixtures which are connected to the Town potable water supply.
No person shall be permitted to open any fireplug or hydrant or draw
water therefrom, except the Town or those acting with its permission or under
its direction. The chief engineers of the various fire districts, their assistants,
officers and members of the departments are authorized to use the hydrants
and fireplugs for the purpose of extinguishing fires and, in all such cases,
shall be under the direction and supervision of the chief engineers or assistants
appointed to them and, in no case, shall an inexperienced or incompetent person
be permitted to manipulate or control in any way any hydrant, fireplug or
fixture.
No person shall obstruct access to any fire hydrant, stopcock or curb
box connected with the water mains or service mains or pipes in any street
by placing thereon any building materials, rubbish or other hindrances.
Water used for building purposes shall be charged to the owner of the
property. The amount consumed shall be metered or estimated by the Water Department
or, at its option, its duly authorized representative.
[Added 2-6-1984 by L.L. No. 1-1984]
A.
In addition to the standards of conduct set forth in
this article, the Town Board may, upon a declaration of emergency, adopt such
temporary rules and regulations as are necessary under the emergency circumstances
then existing to protect the health and safety of the residents within the
improvement districts and areas. Such emergency rules shall include but not
be limited to the following:
(1)
The imposition of water conservation measures, limiting
the use of water in the manner then prescribed by the Town Board, including
but not limited to banning the use of water other than for necessary domestic
consumption, banning the use of water for watering lawns and exterior areas,
banning the use of water for car washing and other nonessential activities
as prescribed by the Town Board.
(2)
The suspension of water service for such periods as necessary.
(3)
The suspension of water service to individuals found
violating water emergency rules after notice and hearing.
B.
In addition to suspension of water service, violation
of such temporary rules and regulations shall be deemed to be a violation
of this article and shall be subject to punishment as provided by it.
No water main shall be tapped, nor any service main extended, outside
the boundaries of any water improvement area or district, except on special
application therefor, filed with the Town Board and a special permit therefor
granted and issued by the Town Board. The Town Board shall impose such conditions
upon the granting of the permit as shall be deemed fitting and proper by it
and shall impose and collect such water rents and charges for such water service
as it deems best.
The Town Board reserves the right to change, modify, supplement or amend
this article 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 seems best, to regulate the water supply and the proper
and efficient administration of the Town water improvement areas and districts
and to make rates or contracts for the use of water in special cases.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004
by L.L. No. 5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20FF(2) of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense. The proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of this article and to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about the water improvement areas or districts, the expense of which shall be a water charge. In addition to the foregoing, any person who has made an unauthorized tap or connection to any water line of any district or area shall be liable for the use of such water at a rate four times the minimum rate for such district and shall be further liable for all expenses, including labor, engineering, legal and otherwise associated with the misuse of said water district or area, which shall constitute a water charge.
