[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties 6-18-2012 by L.L. No. 5-2012. Amendments noted where applicable.]
Each nonresidential user of water of the Village of Saugerties water system shall prepare and retain a water consumption reduction plan, enabling it to reduce its use of water in stages of 15%, 20%, and 25%, based on its water consumption during the calendar year. These plans shall be designed so as to achieve and maintain the 15% reduction promptly, and to achieve the 20% and 25% reduction immediately upon the declaration of a Stage II and Stage III emergency, respectively. On and after 30 days from the effective date of this article, each nonresidential user shall have his water consumption plan available at all times for inspection and copying by employees of the Village.
Whenever the Board of Trustees shall determine that an emergency exists due to a shortage of water, the Board of Trustees shall publicly declare the existence of an emergency by adopting a resolution to that effect at a regular or special meeting and causing a notice thereof to be published in the official newspaper of the Village. Upon the publication of the resolution, the restrictions for a Stage I emergency shall be in effect.
If, at any time thereafter, the Water Superintendent determines that the measures implemented under a Stage I emergency have not resulted in a sufficient level of conservation in light of the existing water supply conditions, he or she may declare a Stage II emergency, which shall be effective upon publication in the official newspaper of the Village.
If, at any time thereafter, the Water Superintendent determines that the measures implemented under a Stage II emergency have not resulted in a sufficient level of conservation in light of existing water supply conditions, he or she may declare a Stage III emergency, which shall be effective upon publication in the official newspaper of the Village.
During a Stage I emergency, no person shall cause, permit or allow:
The continuing of any leak or waste from any water pipe, valve, faucet, conduit, equipment, facility or device connected to the Village water systems, or which utilizes Village water, on or in any premises owned, leased, managed, operated or controlled by such person or entity.
The washing of any vehicle by means of a hose, fire hydrant, or other active source connected to the Village water systems, except commercial vehicle washing operations if equipment has been installed and is utilized so that at least 50% of the water used is recirculated by means of a system approved by the Village.
The washing of any street, sidewalk, driveway, outdoor areaway, outdoor steps, buildings exterior or other structure by means of a hose, fire hydrant or other active source connected to the Village water systems or which utilizes Village water.
The use of water from any source for any ornamental purpose, including but not limited to use in fountains, artificial waterfalls, reflecting pools, lakes and ponds.
The use of water from the Village water systems to water any lawn, golf course, ornamental shrub, plant, or tree, except that:
Village water may be used to water any lawn, tree, shrub, garden, or golf course greens and trees only, from 4:00 p.m. to 5:00 p.m. and 9:00 p.m. to 10:00 p.m.
Village water may be used at any time to irrigate, from a hand-held container, vegetables or fruits grown for human consumption.
Plant nurseries and other commercial users engaged in the business of growing, distributing, or selling plants may use such water on their business premises for watering ornamental shrubs, plants or trees, provided that each such user reduces its use of water by 15% or such other percentage as may hereafter be prescribed for nonresidential water users.
The opening or use of any fire hydrant, or of the water therefrom for any purpose other than fire protection except in accordance with a permit obtained from the Water Department and only for the period of and the purpose authorized by such permit and in strict adherence to all terms and conditions set forth therein.
The operation of an air-conditioning system utilizing water from the Village water system in a cooling tower, unless, within 30 days from the effective date of this article, a separate meter is installed to continuously measure the flow of water to the cooling tower.
Operation of any air-conditioning systems in excess of two tons of rated capacity or greater or any refrigeration unit rated at 10 horsepower or greater using water from the Village water system, unless such air-conditioning system or refrigeration unit is equipped with a water recirculating device approved by the Village.
The use of water from the Village water systems to fill or maintain the water level in any swimming pool, except that, provided the pool is operated with recirculating equipment, Village water may be used to fill the pool once during each calendar year, and thereafter may be used as necessary to maintain the water level in such pool.
Each nonresidential user of water from the Village water system shall reduce its use of water by 15% based on its water consumption during the previous calendar year in accordance with its water consumption reduction plan.
During a Stage II emergency, no person or entity shall cause, permit or allow:
The use of water from the Village water systems to fill or maintain the water level in any swimming pool.
The use of water from the Village water systems to water any lawn, golf course, ornamental shrub or plant, except that Village water may be used to irrigate, from a hand-held container only, vegetables or fruits grown for human consumption.
Each nonresidential user of water from the Village system shall fully implement its Stage II water consumption plan and immediately reduce use of water by no less than 20% based on its water consumption during the previous calendar year.
During a Stage III emergency, all nonresidential users of water shall reduce their consumption of water by no less than 25%.
All users, both residential and nonresidential, shall install water-flow restricting devices in all shower heads.
All water-conditioning systems utilizing water from the Village water system shall be operated only in accordance with hourly restrictions established by the Water Superintendent.
A violation of any provision of this article is hereby declared to be a violation pursuant to the Penal Law. Any police officer shall issue and serve appearance tickets with respect to any violation of this article when he or she has reasonable cause to believe the violation has been committed.
Every violation of any provision of this article shall be subject to a fine of not more than $250 or imprisonment of not more than 15 days as provided in the Penal Law. Each day that a violation continues shall be a separate and distinct offense.
Water service may be terminated for any violation of any provision of this article if it is not corrected within five days after service of a notice to correct. The notice may be served by personal delivery or by first-class mail.
Upon the application of any person or entity, the Board of Water and Sewer Commissioners may, at its discretion, grant a variance relieving the person or entity from the requirements of this article, if that person or entity demonstrates to the satisfaction of the Village Board:
That undue hardship would otherwise result;
That there are no possible alternatives;
That the applicant has taken and will take all possible measures to conserve water and has supplied a complete description of these measures and the water savings to be effected; and
That the variance is not inconsistent with the purpose of these emergency regulations.
In connection with any variance which may be granted, the Board may impose such terms and conditions as it deems appropriate.
Once a drought emergency has been declared, the restrictions of this article shall remain in effect until modified or until the water supply emergency has been declared terminated by the Village Board.
No person shall use the Village water for any purpose unless the owner of the premises shall have presented a written application, naming and specifying the purpose for which the applicant desires to use the same, to the Board of Trustees and received a written permit for such use.
Any owner of real estate desiring to take water from the Village water facilities to use on said premises shall apply in writing to the Board of Trustees, and said application shall state the name of the applicant, the street where said water is to be used, the size of the tap desired to be made, the several uses and purposes for which the water is desired and the name of the plumber desired to do the work. No tapping of the street main shall be done or connections made therewith except by the Village or its authorized agent, nor until said application has been accepted and permission to tap said main granted in writing. The use of the water, when granted, shall be subject to the rules and regulations in force, or thereafter adopted, and at tariff rates, except where a special rate is specified and then in accordance with such special agreement.
The Water Department will tap the main at the cost indicated in the Village Water Department fee schedule. No person or persons other than those appointed or approved by the Water Department will be allowed to tap the mains under penalty, and no main will be tapped until application is made and signed. A service line larger than one inch is at the owner's expense. A plumber receiving a permit to lay service or supply pipes for the introduction of water to any premises shall give the Superintendent of the Water Department 24 hours' notice previous to the time for tapping the main.
All work attendant upon the introduction of water to any premises, laying supply pipes thereto and fixtures connected therewith, shall be done under the supervision of the Superintendent of the Water Department and subject to his approval.
There shall be a stopcock and a box connected with the service pipe running into every building, placed inside the curbline of the street and a stopcock at the main, and also a stop and waste cock placed just inside the building, so that the water may be turned off from the whole building by either stopcock without closing the other. Where there is a main in the street in front of the premises, the waterworks, for a fee as set forth from time to time by resolution of the Board of Trustees, will furnish all materials and all the work required from the main to and including the curb stopcock and box.
All persons having or using Village water on their premises must keep their supply pipes, and all fixtures connected therewith, in good repair and protected from frost or other injury at their own expense. They shall keep the curb boxes connected with their supply pipes in plain sight at all times on a level with the top of the curbstone. The Village shall not be liable for any damage resulting from freezing or bursting of pipes, leaks or failure to keep in repair.
All service pipes 3/4 inch to and including two inches between the main and the building shall be Type K soft copper tubing. The minimum size of the service from the main to the premises shall be 3/4 inch. All services three inches and above shall be ductile pipe or engineered approved material.
All services pipes to any premises shall be laid at least four feet below the surface of the grade lines of the street and shall extend at right angles from the street main to the inside of the curbline where a curb cock shall be attached and valve box placed.
There shall be a stop and waste valve placed on every supply pipe just inside the building or cellar.
Every copper connection or service pipe must be laid with not less than six inches slack: such slack shall not be more than two feet from the main, and in such a manner as to prevent rupture or settlement.
No service application will be granted for any premises or property which is not served by approved type of sanitary facilities.
No application for water service will be granted for any premises or property, which cannot comply with the foregoing provisions. The installation of private (so-called) waterlines is prohibited.
All expenses for introducing water to any premises, excavating for, and laying service pipes, and all fixtures connected therewith (except the connection on the main which belongs to the Water Department), must be paid for by the owner of the premises.
All work attendant upon the introduction of water to any premises, laying supply pipes thereto and fixtures connected therewith, shall be done under the supervision of the Superintendent of the Water Department or authorized employee and subject to his approval. Responsibility for the location of water mains to which supply lines are to be connected or repaired rests solely with the Water Department. All persons desiring such location shall give 24 hours' notice to the Water Department previous to the starting of the work. Failure to give such notice shall relieve the Water Department of all responsibility for the location of said main or supply lines.
The maintenance and repair of all service pipes from the main to the premises shall be the responsibility of the owner. If, for any reason, a leak develops on the service line, the owner shall take immediate steps to repair it. In the event of unreasonable delay in the prosecution of the repair work, due notice will be given by the Superintendent to the owner or tenant of the premises to start the necessary repairs within 24 hours. Upon failure of the owner to start repairs within this period, the Water Department shall dig up and discontinue service.
When, for any reason, a service line to a property is to be abandoned, the property owner shall notify the Water Department immediately. The owner shall then have such service line disconnected at the main and the corporation stop shut off. The disconnection of the service line shall be done only under supervision of the Water Department.
Ditches must not be left open longer than is necessary, and shall be properly guarded, and at night have sufficient lights to prevent accidents. Sidewalks and roadbeds shall be restored to their normal condition, all service pipes must be laid as deep as the main unless such depth shall exceed four feet and that depth be a sufficient protection from frost; no service pipe will be allowed in any ditch that contains any gas, sewer, drain or any other pipe.
The Water Department will not turn the water on any plumbing that has not been done by a plumber licensed by the Village of Saugerties, except where a special permit has been granted by the Village of Saugerties Plumbing Board for such work.
All plumbers shall, after completing the work to any service pipe, make a true report of all the fixtures and pipes attached or connected by them or under their supervision, and such report shall be filed in the office of the Water Department within 48 hours after completing the work. Failure of the plumber to make such report within the specified time will be brought to the attention of the Plumbing Board who may, after due consideration of the violation, revoke the right of said plumber to apply for any permit for work incident to water supply lines for a period of six months.
No plumber or other person shall open any curb cock or outlet on the supply of water through any service pipe without permission from the Water Department Superintendent.
One tap and one service pipe shall serve only one house or building.
All real estate owners using Village water by themselves or by their tenants are hereby held responsible for all water so used, and each owner will be charged the full rate as shown by his application from said date, unless notice in writing is given to the Board of Trustees to shut the water from said premises. Property owners leasing premises are required to furnish the tenant with a copy of these rules and regulations, which will be supplied at the office of the Village Clerk.
No consumer shall supply water to other persons or to other families, to suffer them to take it, except for use on the premises, nor for purposes not specified in the application, nor after water is introduced into any building or upon any premises, nor make or employ any plumber or other person to make any tap or connection with the waterworks upon his premises for changes, extensions or attachments without a written permit from the Water Superintendent, specifying the particular change to be made and the plumber authorized to make the same.
All persons shall use due and reasonable care in the use of the water and shall not permit the same to waste or leave faucets running when not in use.
In case of fraudulent representations on the part of the applicant as to the use of which the water is to be put, or who shall use the water for purposes not embraced in the application or contract, or who shall willfully and unreasonably waste water, the Board of Trustees shall have the right to forfeit any payment made by the applicant and turn off the water, and the same shall not again be turned on until the party shall pay all damages.
In cases where the water is shut off for nonpayment of water rent or other causes, and when, in the opinion of the Superintendent, the shutting off at the curb is not sufficient protection against the further use of water, he may order or cause the corporation cock to be shut off at the main and the supply line disconnected therefrom.
Upon reapplication for water service where the water service has been shut off and disconnected at the main, an additional charge of $300 must be paid for reconnecting the supply line.
The payment of the regular water rents shall not conflict with the right of the Superintendent to shut off the supply of water from any premises for any violation of these rules and regulations.
Nothing in the above provisions shall conflict with the right of the Superintendent to shut off the supply of water from any premises in order to make repairs or additions of new work.
No person, persons or corporations shall have any portion of any payment refunded, or be entitled to damages, for any stoppage of supply occasioned by accident to any portion of the works not for the purposes of additions or repairs, or the stoppage or fouling of any service pipe or pipes, fixture or fixtures of any kind.
All bills shall be paid at the office of the Village Clerk quarterly in advance on the 15th of the month. An additional late charge of 10% will be made if the bills are not paid within 30 days after the date. When bills are not paid within 15 days after the date they are due, the remaining balance will be subject to 2% interest per month it remains unpaid and the water may be shut off at the premises without notice and will not be turned on until all dues are paid, together with the sum as set forth from time to time by resolution of the Board of Trustees as the charge for turning the water on again. No fractional term shall be allowed for street sprinklers, yard and garden hydrants and fountains. The minimum annual charge for water to any one consumer shall be as set forth from time to time by resolution of the Board of Trustees. No abatement of water rents will be allowed by reason of disuse or diminished use of vacant premises unless notice thereof shall have been first given to the Board of Trustees. On May 1 of each year, any remaining unpaid balance, that is not part of the current billing cycle, will be assessed on the tax roll.
The Board of Trustees reserves the right to attach a water meter to any supply or service pipe, at any time, whenever they all deem it expedient to do so, and thereafter charge for the quantity of water passing through the meter. All meters shall be the property of the Water Department.
All meters shall be attached or set by employees of the Water Department only, nor shall any meter be interfered with, removed, disconnected or repaired by any person other than an employee of the Water Department. The plumber making the installation shall provide all necessary supports for the meter, as directed by the Superintendent. The Superintendent shall be given not less than 24 hours' notice for the setting of the meter.
Owners of the premises where meters are attached to the supply pipes will be required to protect the meter from frost or other injury at their own expense and to pay the cost of all necessary repairs resulting from said lack of protection. Whenever it should become necessary to attach a meter outside of a building, the owner shall pay the expense incurred in excavating and boxing it. The type of installation shall be as required by the Superintendent.
Where a water meter fails to register the correct quantity of water delivered through it, or where it otherwise becomes out of order or in need of repair, notice thereof shall be immediately given to the Water Department. Another meter will be installed during the time required for the testing and repair, except in cases where the meter is to be tested and repaired on the premises. All repairs shall be made by the Water Department. When, in the opinion of the Superintendent, a meter becomes unsuitable for use; it shall be replaced by the Water Department.
The sizing of meters on all service lines shall be determined by the Superintendent and shall be subject to his approval. On installation requiring a meter of two-inch size and over, the owner of the premises shall be required to give not less than 60 days' notice to the Department.
Above 1 1/2 inches: the owner must pay for the meter.
Any damage which may be sustained by a meter resulting from carelessness of the owner, tenant or agent of premises, or from neglect of either of them properly to secure and protect the same, as well as any damage that may result from allowing said meter to become frozen, burned, or injured by hot water or steam, shall be chargeable to the owner of the premises and paid to the Department of Water on demand.
In no case will gas, steam, sewer, electrical conduits or other pipes be permitted to be laid in the same trench with a water service pipe.
Persons desiring the use of Village water for building purposes, or for any other special purpose whatever, will be required to make application at the office of the Water Department and to pay in advance for the same, the Superintendent will then give permission.
The use of water for sprinkling, fountains, sprays and pools shall be subject to such regulations and restrictions as may be determined by the Board of Trustees.
The Water Department, its agents, officers and employees, may enter the premises of any water consumer, at any reasonable time, to examine the pipes and fixtures to ascertain the quantity of water used, and the manner of its use, and whether there is any unnecessary waster of water. If any waste or irregular use of water be found, a written or printed notice shall be left with the owner or consumer occupying the premises, and within 24 hours of leaving such notice all necessary repairs must be made and waste of water stopped or the water will be shut off and shall not be let on again until such repairs are made.
All fire hydrants are for the exclusive use of the Fire Department and the Superintendent or those acting under his direction, or with the permission of the Board of Trustees. These are the only persons that will be allowed to draw water therefrom.
The Chief of the Fire Department, his assistants, and officers are permitted to use the same for the purpose of extinguishing fires, cleaning engines, hose or department material, making trials of engines, or hose, belonging to the Fire Department, but in each instance such trials shall be under the direct supervision of the Chief or his assistants. The Water Department shall be notified 24 hours prior to the trials.
No person, persons or corporation except for those having authority and with the consent of the Water Superintendent shall open or close any gate, or valve, in any street main, or cock or valve in any curb box or interfere with the same in any manner under penalty.
The Superintendent or his representatives shall at all reasonable times have access to pipes and fixtures on the premises of consumers for the purpose of inspection.
Any person or corporation who shall be convicted of violating any provision of this article shall be punishable by a fine up to $1,000.
Any person, persons or corporation wishing to discontinue the use of water, must give written notice thereof to the Water Superintendent.
The Board reserves the right to change these rules and regulations and the rates for the use of water from time to time, and modify them in special cases, to make special rates or contracts in all proper cases, to shut off water for alterations, extensions and repairs, and to stop and restrict the supply of water whenever it may be found necessary or to limit it, or to cut off entirely the supply of water for any motor or manufacturing purpose, and the Village shall not be liable under any circumstances for a deficiency or failure in the supply of water, whether occasioned by shutting off water to make repairs or connections, or for any cause whatsoever.
All the foregoing rules, regulations and restrictions relating to the uses of Village water and the Water Department of the Village of Saugerties, made and adopted by the Board of Trustees, shall be considered a part of the contract with and between any person who applies for and obtains a supply of water from said Department, and every person receiving the water so supplied shall be considered as having expressed his consent to be bound thereby.
The schedule of water rates per annum and fees shall be as set forth from time to time by resolution of the Board of Trustees.
This article shall take effect when filed with the Secretary of State's office.