[Adopted as Ch. 45, Arts. IV and VI, of the 1971 Code; amended in its entirety 1-13-1997 by Ord. No. 1-1997]
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in Articles I and II of this chapter shall be as follows:
BOARD
The Town Board of the Town of Fallsburg.
CONSUMER
The owner(s) of premises supplied with water from the system.
DEPARTMENT
The Department of Public Works (DPW).
DISTRICT
The water district in the Town of Fallsburg or authorized person(s) in its employ.
OUT-OF-DISTRICT USERS
Owners of parcels which are fully or partially outside of the water district boundaries who have entered into an agreement with the Town to use Town-supplied water for that portion of land outside the district.
OWNER
A person possessing the title to a parcel of land with a designated section, block and lot number.
REMOTE
A piece of equipment required to read the water meter.
SUPERINTENDENT
The person designated and appointed by the Town Board to supervise the operations of the water district, inspect and supervise the installation of connections to the water district, supervise the employee(s) of the water district and enforce observance of the rules, regulations and ordinances of the water district.[1]
WATER LINE
Any size or type of pipe which conveys potable water.
WATER MAIN
A primary water line in the water supply system generally six inches or more in diameter.
[1]
Editor’s Note: The former definition of “Town,” which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
B. 
Word usage.
(1) 
"May" is permissive.
(2) 
"Shall" is mandatory.
A. 
Owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within any water district of the Town of Fallsburg and abutting on any highway, street, alley or right-of-way in which there is now located or may in the future be located a Town of Fallsburg water district water main as described in § 299-1 of this article are required to exclusively use municipal water once said property is connected to a water main as set forth in § 299-1 of this article.
[Amended 3-24-1998 by L.L. No. 1-1998]
B. 
Owners of parcels outside the water district may not connect to a water main in the district without prior approval of the Town Board. Owners of all parcels granted outside user status by the Town Board are required to conform with all sections of this article.
C. 
The owner shall own, maintain and be responsible for, but the Town will have control of, the service line from the curb stop to the water meter.
D. 
The water district reserves the right, at all times, to shut off water in case of any emergency which may demand it. For the making of routine repairs or new connections not of an emergency nature, the district will attempt to give notice to all affected consumers as to the time of such shutoff and its probable duration. It is the consumer's responsibility to act and prepare for his water needs during the service interruption and to prevent any damage to his piping or plumbing fixtures due to lack of pressure, back siphonage, etc. For any damages caused to consumer's water pipes, plumbing fixtures, hot water heaters or pumps by loss of water pressure due to accidental water main, service line breaks or other failure beyond its control, the water district assumes no responsibility.
E. 
Customers using water must, at all reasonable hours of the day, permit the Department or its authorized representatives to enter their premises for the purpose of determining the manner in which water is used, inspection, and the installation, replacement and/or reading of water meters. Should the Town not be able to gain access to the residence for the reading, repair or replacement of the water meter after the first notice, the Town of Fallsburg shall send a second notice to the customer that access to the meter is required. Should the customer fail to schedule an appointment for access per the notice or fail to accommodate scheduled access a second time, the Town shall send a third notice to the customer If the customer fails to accommodate access the third time or fails to respond to the Town within the ten-day allotted time period, the Town shall have the right to charge a $200 nonrefundable surcharge per quarter until such time as the customer allows the Town access to the meter. Should the customer not allow the meter to be read for a period of one year. the Town shall have the option to terminate water service and/or begin litigation against the customer for access to the meter. The customer shall be responsible for all reasonable attorney fees together with court costs and disbursements.
[Amended 6-8-2010 by L.L. No. 14-2010]
F. 
The owner shall submit a water connection permit application on a form furnished by the Town. The permit application shall be supplemented by any plans, specifications and other information considered pertinent in the judgment of the Town Engineer. Permit and inspection fees, in an amount established from time to time by resolution of the Town Board, shall be paid to the Town at the time the application is submitted.
[Added 10-24-2022 by L.L. No. 9-2022]
[Added 3-24-1998 by L.L. No. 1-1998]
Except as hereinafter provided, it shall be unlawful to construct on any property in the Town of Fallsburg that is subject to the provisions of § 299-1 and § 299-2 of this article, any wells and connections thereto, any springs and connections thereto and any other water source or to use such well, spring or water source if there is municipal water available pursuant to § 299-1 and § 299-2 of this article.
A property owner subject to the provisions of § 299-1 and § 299-2 of this article, where conditions and special conditions exist, may apply to the Town of Fallsburg Water Department for a waiver so as to permit such property owner to use an alternate source of water such as a well, spring or other source. The determination by the Town of Fallsburg Water Department and the granting or denying of such waiver, together with such limitations as may in the discretion of the Town of Fallsburg Water Department be deemed prudent, shall be deemed final. It is the intention that such waiver may only be granted in drought conditions, conditions of water shortages or in conditions of exceptional hardship on the part of any property owner under § 299-1 and § 299-2 of this article.
A. 
Water meters are required for each individual owner's service and shall be provided and installed by the Department of Public Works (DPW) for a fee as set forth in the rate table. The meter shall remain the property of the Town. The Department of Public Works (DPW) must have access at all times to the water meter. The DPW is not responsible for any damage that may occur to the water meter or to the owner's property due to the owner's negligence regarding the water meter. If an owner claims that his water meter is not functioning properly, the DPW will test the meter. If the meter, when tested, reads within 3% of a known flow value, the owner shall pay all costs of personnel and equipment necessary for the test, in accordance with the rate table. However, if the meter is greater than 3% in error, the Town will install a new meter at no cost to the owner and bills will be adjusted appropriately for a period of 90 days prior to the owner's initial written complaint. Should the Town not be able to gain access to the residence for the reading, repair or replacement of the water meter after the first notice, the Town of Fallsburg shall send a second notice to the customer that access to the meter is required. Should the customer fail to schedule an appointment for access per the notice or fail to accommodate scheduled access a second time, the Town shall send a third notice to the customer if the customer fails to accommodate access the third time or fails to respond to the Town within the ten-day allotted time period, the Town shall have the right to charge a $200 nonrefundable surcharge per quarter until such time as the customer allows the Town access to the meter. Should the customer not allow the meter to be read for a period of one year, the Town shall have the option to terminate water service and/or begin litigation against the customer for access to the meter. The customer shall be responsible for all reasonable attorney fees together with court costs and disbursements.
[Amended 6-8-2010 by L.L. No. 14-2010]
B. 
In the event that the pipes of the consumer are not in proper condition for the installation of a water meter, the consumer shall cause said pipes, at the point at which said meter is to be installed, to be put in proper condition prior to the installation of said meter. If the meter is not installed in an accessible place, the water will be turned off by the Water Department and will be turned on at the owner's expense after the meter is reset in an accessible position. There shall be no tampering with water meters, breaking meter seals or meter remote wiring, with the intent to slow, stop or alter the reading of the water meter.
C. 
In case a building is closed or becomes vacant, the owner or designated representative shall provide two days' notice to the Department in order that the meter may be read and the curb cock closed. The meter shall be removed and stored by the Town at a fee set forth in the rate table. Where such notice is not given and pipes burst from freezing or other cause, or where the meter is damaged or destroyed by any act of commission or omission of the owner, the value of the water lost by reason thereof, as estimated by the Town, together with the cost of repair of said meter and pipes, together with the additional sum set forth in the rate table, shall be paid prior to the installation of a new meter in said building.
D. 
It shall be the responsibility of the property owner to provide protection for water meters installed in basements against damage from freezing or backflow of hot water. Any repairs necessitated by neglect of such responsibility will be charged to the owner's account.
E. 
All condominium housing units in the Town of Fallsburg are required to have individual meters and pay quarterly fees for usage. In the event the condominium development does not have individual meters, at each dwelling unit, the Town of Fallsburg shall have the right to bill each unit owner the quarterly minimum for usage. The master meter shall still dictate the actual usage for the billing cycle.
[Added 7-13-2020 by L.L. No. 9-2020]
A. 
Curb stops are owned by the Town and shall be turned on and off by authorized DPW personnel only. An owner or designated representative must be present when the curb stop is opened or closed, except in the event of an emergency. A fee as set forth in the rate table will be charged for each occurrence to turn on or off the water service at the owner's request. No person shall interfere with or cause obstruction to any curb box. Unauthorized use of curb stops shall be subject to a penalty of $250 for each occurrence.
B. 
All service pipes and their fixtures and appurtenances from the curb valve or gate valve and into the premises shall be maintained and kept in repair and free from leaks at the expense of the consumer. Leaks in service pipes shall be repaired within 48 hours after notice is given to the consumer. If leaks are not repaired within said period, the district may hire a contractor to repair the leak and bill the repair to the consumer. The consumer shall notify the Department promptly of any leak, defect or damage affecting the service pipe between the curb valve and the point where metered. Water service lines may be abandoned only by proper techniques approved by the Department.
C. 
All applications for the use of water or the supply of water must be made in writing at the office of the water district using an official application and allowing a minimum of two weeks for application approval by the district. No water shall be taken from district mains, service pipes, fixtures, hydrant, apparatus or by any means whatsoever unless written applications for such water service are signed by the owner of the property to be supplied, or his agent, and have first been approved by the district. Any person who shall be supplied with water by the district shall be deemed to have accepted and approved the rules and regulations pertaining thereto. The continuance to take water after any amendment, change or addition to the rules and regulations shall be deemed an acceptance of such.
D. 
No property owner or tenant shall supply water to other persons or families other than those specified in the application for service or the use indicated by rate charges; i.e., single-family residence, commercial, etc. If any water is so supplied, the party supplying the same shall be liable to pay the regular rates for such persons or families.
E. 
All consumers are required to keep their service pipes, stopcocks and fixtures connected therewith in good repair and protected from freezing and so arranged and provided with stop and waste cocks as to allow the pipes to be drained and kept empty of water during all periods of dangerous exposure to freezing conditions. No continuous flow of water to prevent piping from freezing will be permitted, except at a special rate and with written consent of the Department. The owner shall be responsible for those water service lines which freeze and any cost of the repair of same from the curb cock to the residence. If the Department assists in thawing them out, the cost shall be borne by the property owner.
F. 
The water district reserves the right to exclusively control service lines between the main and the curb or gate valve. The district shall accept responsibility for the replacement due to malfunction of such pipes, corporation cocks and curb valves, including the repair of leaks which may occur between the Town main and the curb or gate valve. Such leaks, repairs or replacement will be performed for in-district users at the district expense. Out-of-district users will be billed for the aforementioned work.
G. 
No person shall conduct water from one service connection into two or more separate buildings without obtaining written permission from the district.
A. 
No person other than an employee of the water district, having been directed to do so, shall tap any district water main or connect any pipe to such main or connect any pipe to any service line without due authorization from the Department. When an owner's plumber desires the Town to make a tap to a Town main, he must notify the Town not later than one week before the tap is required and must agree to the date and exact hour that he will be ready for such tap to be made. The Town's tapper shall not be required to wait more than 15 minutes after his arrival before proceeding with the tap; and if the plumber is not ready within that time, a new appointment shall be made.
B. 
New service pipes.
(1) 
For new service pipes up to two inches in diameter, all expenses attending the introduction of water from the Town main into any premises must be paid by the owner, with the exception of tapping the main and furnishing the corporation cock, curb valve, curb box and copper piping from the main to the curb valve, the cost of which will be borne by the Town as part of the application fee.
(2) 
Excavation and backfill for service pipes shall be made by the owner's contractor or plumber at the owner's expense.
(3) 
For new service lines larger than two inches in diameter, all expenses attending the introduction of water from the Town main into any premises must be paid by the owner, including tapping of the main, furnishing the tapping sleeve and gate valve, valve box and all necessary piping as required, excavation, backfill and restoration of disturbed areas.
C. 
The curb valve shall be installed on the road frontage property boundary of the owner. The curb valve will be equipped with a curb stand protruding above grade. If the curb valve is in an area with vehicular traffic, a curb box will be installed having a lid with the word "water" thereon. In the installation of a service line where a gate valve is required, the valve will be positioned in the roadway adjacent to the street water main with an access box and the word "water" thereon. No person shall cover with dirt, debris, road building or other material any curb stand, curb box or main valve box and lids. When resurfacing or repairing the aforementioned, the owner of the property will raise or lower curb boxes or main valve boxes to the finished grade level. The district may reposition improperly placed curb valves and stands to the property boundary as the situation arises.
D. 
Street openings.
(1) 
No street or public place shall be opened by any person for the purpose of making a tap connection with the main or for the laying of water pipes or fixtures unless permission shall have been granted by the authority having jurisdiction therein. The Department must have one week's notice prior to the start of any work.
(2) 
Whenever any street or public place shall have been opened for the purpose of making a connection with the water mains or for laying of water pipes or fixtures, the applicant shall obtain the necessary road-cut permit. The applicant shall have proper regard for public safety and convenience and shall notify the appropriate Highway Department prior to backfill and after road surfacing is completed so that the street or place may be restored to its original condition. Excavation shall be guarded with barricades, and sufficient warning lights shall be displayed at night by the applicant. The street must be kept open to traffic during construction.
A. 
No abatement or other deduction shall be allowed for temporary unoccupancy of any unit or metered service.
B. 
A consumer, desiring discontinuance of service, shall give written notice to the water district at least 10 days before the quarterly billing dates. A pro rata bill for the portion of water consumed to date shall then be submitted to the applicant, including a shutoff fee. In the event that the same said owner requests the water district to resume service within a one-year period, he will be liable for the minimum charges that would normally have been accrued during that shutoff period, including a turn-on fee.
C. 
A property owner that requests discontinuance of service due to a change of ownership must give notice in writing to the water district. A pro rata bill for the portion of water consumed shall be submitted to said owner. Upon receipt of payment, water shall be discontinued. The new owner of record shall follow the procedure in § 299-6 and shall pay a turn-on fee.
D. 
The Town may discontinue water service and shut off the supply to any premises the owner or occupancy of which has failed to comply with the provisions of any ordinance relating to the character or construction and maintenance of service pipes and connections and the use of water. Such service will not be resumed until the cause for such discontinuance is removed and the expense of shutting off and turning on the water, if any, is paid to the Department.
A. 
Service pipes.
(1) 
A service pipe from the curb valve to the meter shall be laid at least 41/2 feet below the surface of the ground at all points and shall conform to such standards as set forth herein. For copper installation, only Mueller compression fittings will be allowed. No branch connections shall be made to service pipes between the main and the water meter connection. Taps in all mains having a cover less than five feet shall be made on the side of the main.
(2) 
Service pipes from the curb valve or gate valve to the building connection are the owner's responsibility, and the owner will notify the district when such piping is installed so that a representative of the district may inspect the work before the trench is backfilled. All pipe will be backfilled with a six-inch layer of sand around the pipe. No water use will be permitted until the installation has been approved by the Department.
(3) 
Service pipes from the curb valve to the meter, less than two inches in diameter, shall be of pure, seamless, soft-tempered copper tubing with compression fittings.
(a) 
Tubing shall be of the following thickness:
Normal Pipe Size
(inches)
Outside Diameter of Tubing
(inches)
Type
3/4
7/8
K
1
1 1/8
K
1 1/2
1 5/8
K
(b) 
No soldered joints shall be permitted in copper tubing underground.
(c) 
The use of one-hundred-sixty-pound test plastic pipe may be allowed from the curb valve to the house for building service with proper approval by the Superintendent. The pipe must be water service plastic pipe approved by the Superintendent.
(d) 
No tee or other fittings through which water can be taken will be permitted on the service pipe between the main and the meter.
(4) 
Plumbers, after completing the work of introducing the water into a property and testing the pipes and fixtures, shall turn the water off at the curb valve until a meter has been set on the service.
B. 
No connection to any other source of supply of water shall be made or maintained to any pipes or fixtures that may be connected with the water district. If any connection to another source of supply is maintained, the water from the district shall be shut off and service not restored until such connection to the other service has been discontinued.
C. 
All new connections are required to install and maintain a meter yoke at the owner's expense. The type and location will be specified by the Superintendent. Service lines must have a valve immediately on both sides of the meter yoke.
D. 
A pressure reducer must be installed on the street side of the meter. The reducer will be maintained by the owner.
E. 
All new installations and renovations shall include a backflow prevention valve as specified by the Superintendent. The backflow prevention valve will be installed after the meter yoke and before any connections are made. The Superintendent may require other cross-connection control devices to be installed at the owner's expense. It will be the owner's responsibility to maintain or replace any cross-connection control device if defective. These devices are subject to inspection by the Superintendent or his appointee.
A. 
No person, except an authorized fireman in the course of his normal duties, may open or otherwise tamper with a public fire hydrant. A contractor or other person desiring to use water from a fire hydrant must first deposit a check in accordance with the rate table at the Town Clerk's office and obtain permission from the Department for its use, which will prescribe the manner of operation, the hours during which the hydrant may be used and the duration of its use. If no damage to the hydrant occurs during the period of use, the bond deposit will be deducted from the charge for water used. If the hydrant is damaged during the period of use, the person who requested its use will be liable for the cost of material and labor needed to repair the hydrant.
B. 
The installation and location of private hydrants and fountains will be subject to approval by the Department. Should waste therefrom become a nuisance or hazard to adjacent property, the supply may be discontinued until repairs have been made.
C. 
Fire hydrants and other water district appurtenances shall not be encumbered in such a manner which makes repair, use or snow removal unnecessarily difficult.
D. 
Private fire hydrants shall be painted yellow and shall only be operated upon twenty-four-hour notice to the Department so that a meter can be placed on the hydrant. This does not apply to emergency situations.
E. 
Fees.[1]
(1) 
Fees for standby water pressure for sprinkler systems and private hydrant lines, on a quarterly basis, shall be set from time to time by resolution of the Town Board for the following:
(a) 
Less than eight-inch diameter.
(b) 
Eight-inch-diameter and over.
(2) 
Deposit for use of water from any fire hydrant shall be in an amount as shall be set from time to time by resolution of the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1-13-1997 by Ord. No. 1-1997; 7-13-2020 by L.L. No. 5-2020]
A. 
Any person, firm, corporation, organization or group who violates any of the provisions of Articles I and or II of this chapter shall be prosecuted pursuant to § 96-15 of the Town Code.
B. 
Any person, firm, corporation, organization or group who commits an offense against these regulations shall be subject to a civil penalty enforceable and collectable by the Town in an amount set by resolution of the Town Board. In addition to the above penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance or to restrain by injunction an offense against these regulations. Where any violation of these regulations causes additional expense to the water district, that water district shall have a cause of action against the violator to recover such cost. The cause of action may be asserted at the discretion of the Board and shall be in addition to the fine, imprisonment, penalty and injunction hereinabove provided and shall be brought by the Attorney for the Town in the name of that water district in a court of competent jurisdiction.