This article shall be known as the "Water Supply Ordinance of the Village of Vernon, New York."
[HISTORY: Adopted by the Board of Trustees of the Village of Vernon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 168.
[Adopted 11-11-1966]
It is the purpose of the Water Department of the Village of Vernon to continue to furnish an adequate supply of pure and wholesome water to the residences and business establishments in the Village of Vernon and its immediate vicinity; and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in said Village from damage or destruction from fire and to permit the residents of said Village to have the protected rate of the fire-rating organizations on their fire insurance for both their buildings and personal property. This article is therefore enacted in order that the water supply system may be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the Village itself; secondarily, for the benefit of the water users outside of the Village who are already connected with the water system; and lastly, for the benefit of any applicants for water service outside the Village limits but in its immediate vicinity.
This article shall be a Village ordinance applicable to all property and water users within the Village of Vernon; and the terms of this article shall be applicable to all water users outside the Village of Vernon as terms of a contract in accordance with which water is to be supplied in such outside users.
A.
All applications for the use of water must be made in writing, on forms provided by the Village, designated "Application for Water Service." On acceptance by the Village, the application shall constitute a contract between the Village and the applicant, obligating the applicant to pay the Village its established rates and to comply with its rules and regulations.
B.
Applications will be accepted subject to there being an existing water main in a street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the Village to extend its water mains to serve the premises.
C.
A separate application must be made for each premises. Such application must be signed by the owner of the premises. The word "premises" as used herein shall be defined as follows:
(1)
A building under one roof owned or leased by one customer and occupied as one residence or by one place of business.
(2)
A combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family or one corporation or firm as a residence or place of business.
(3)
Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family or one firm as a residence or place of business.
(4)
Garden apartments owned by one individual or firm and located in one enclosure.
A.
Upon written application for water service, as hereinbefore described, by an owner or an occupant of any property abutting on any public street and upon payment of the applicable charge for the service to be installed, the owner will install, operate, maintain and, when necessary, replace at his own cost and expense the service pipe and curb stop and box.
B.
The applicant shall, at his or her own expense, install the service pipe from the water main, the curb stop and box and a valve to be located preferably just inside the building wall, permitting control of the water supply by the customer. The Village will be notified when the water main is ready for tapping and will tap the main and install the corporation cock. The applicable charge for tapping and installing the corporation cock shall be as set forth from time to time by resolution of the Board of Trustees. A five-eights-inch water meter will be furnished by the Village at no cost to the customer and will be connected by a qualified plumber hired by the customer, such connection charges to be borne by the customer. Meters larger than five-eighths (5/8) inch will also be provided by the Village; however, the difference in cost between the five-eighths-inch meter and a larger size will be billed by the Village to the customer. The Village reserves the right in all cases to specify the size, type and make of the meter to be used on any connection. The customer shall provide a place acceptable to the Village for location of the meter. The customer shall install the necessary piping, fittings, valves and pipe couplings to receive the meter. All meters and meter connections shall at all times remain the sole property of the Village and shall not be interfered with in any respect. Service pipe and service connection shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by the customer for turning on or shutting off his or her water supply, but is for the exclusive use of the Village. All meters will be maintained by and at the expense of the Village, so far as ordinary wear and tear are concerned, but the customer will be held responsible for damages due to freezing, hot water or other external causes. In case of such damage, the Village will repair the meter, if necessary replacing it with another meter, and the costs shall be paid by the customer. The Village reserves the right to remove and test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question as to the accuracy of the meter, such meter will be tested by the Village upon the request of the customer. The fee for testing such meters will be as set forth from time to time by resolution of the Board of Trustees and shall be payable in advance of the test. In the event that the meter so tested is found to have an error in registration to the prejudice of the customer in excess of 4% at any rate flow within the normal test flow limits, the fee advanced for testing will be refunded and prior water bills will be adjusted for overregistration.
[Amended 9-9-1992 by L.L. No. 4-1992]
(1)
For the installation and maintenance of his or her water service, the customer will employ a competent plumber and all work shall be performed in a manner satisfactory to the Village. The minimum size, materials, depth of cover and method of construction shall be the same as hereinafter specified for a service pipe installed by the Village. If any defects in workmanship or materials are found or if the customer's service pipe has not been installed in accordance with such specifications or with the Village requirements, water service either will not be turned on or will be discontinued if such defects are not remedied.
(2)
No service pipe will be installed until proper application has been made for service.
C.
All service pipes shall have a minimum cover of four and one-half (4 1/2) feet. No service pipe shall be less in size than three-fourths (3/4) inch outside diameter. United States Government Specification Type-K soft-tempered copper tubing shall be used on three-fourths-inch and one-inch services. Type K copper tubing shall also be used on one-and-one-half-inch and two-inch services. All services larger than two inches in diameter shall be cast-iron pipe of quality equal to American Water Works Association Standard specifications and of weight of suitable pounds per square inch. The Village reserves the right in all cases to stipulate the size and type of service connection to be used.
D.
No water will be furnished any applicant for property for which the water supply has been shut off because of failure to pay back water rents, interest, fees and penalties until all such back water rents, interest, fees and penalties have been paid in full.
A.
Upon written application for water service outside the Village limits, upon payment of the applicable charge for the tap and appurtenances connecting with the water main and the execution of an agreement therefor, the Village may supply water service outside of the limits pursuant to the other general conditions.
B.
Water will not be supplied to any users of the same or applicants therefor unless there is sufficient water for the supply of owners of property within the Village limits, and if and in the event the water supply shall become insufficient for Village users, the supply for outside users will be shut off or restricted until the water supply is again sufficient for Village and outside users.
C.
Water will not be supplied for use outside of the Village of Vernon unless and until a new applicant therefor duly signs an agreement specifying the particular conditions and terms, as the circumstances of the particular case may require.
D.
In no event will water be supplied to users outside the Village who prevent or attempt to prevent the Village Water Department, its agents or employees from entering upon their premises and inspecting all pipes and facilities for the use of water thereon and/or shutting off or restricting the water supply in accordance with the provisions of this article and/or the laws of the State of New York.
E.
Supply pipes to users outside the Village limits shall be laid and maintained solely at the expense of the users, who must also pay to the Village a charge as set forth from time to time by resolution of the Board of Trustees for the tap and appurtenances connecting to the water main.
[Amended 9-9-1992 by L.L. No. 4-1992]
A.
The Village of Vernon shall not promote or encourage the sale of truck tank loads of water from its supply.
B.
Water will be sold in truck tank loads at rates as set forth from time to time by resolution of the Board of Trustees.
C.
The Village will make no arrangements for the trucking of water. All such arrangements will be made by the purchaser, who will also pay all trucking charges. The purchaser will make arrangements for the purchase of the water with the Superintendent of Public Works, who is to advise the Village Clerk in writing with sufficient information for billing of the water. Either the purchaser or the trucker will contact the Village Superintendent of Public Works for an appointment to make arrangements for loading the water from 9:00 a.m. to 4:00 p.m., Monday through Friday only.
D.
Purchase of water by anyone for any reason at any time may be denied by the Village of Vernon. The Village will enter into the foregoing arrangements for the purchase of water only with those users within the district served by the Volunteer Fire Company of Vernon.
[Amended 12-31-1974]
A.
The Village Board reserves the right to levy such charges for metered water as it deems necessary. Current rates for metered service within the Village limits will be made available on request.
B.
Water rates for users outside the Village limits as described in § 192-7 of this article are available on request, and the Village Board reserves the right to levy such charges for this water as it deems necessary.
C.
Minimum quarterly water charges apply whether or not the meter remains on the premises during a suspension of water service.
[Added 1-8-1973; amended 2-12-1973]
A.
Metered service bills are rendered at the scheduled Village rates at three-month intervals and are due and payable at the office of the Village Clerk or designated receiving agent within 30 days after the mailing date. On bills remaining unpaid after 30 days, a penalty of 5% will be added to the unpaid amount. An additional 5% will be added for each succeeding 90 days and fraction thereof until paid. If a metered service bill remains unpaid after 90 days, the Village or its agents may discontinue service and service will not be reestablished until such unpaid charges, together with a charge as set forth from time to time by resolution of the Board of Trustees for restoration of the service, are paid.
[Amended 9-9-1992 by L.L. No. 4-1992]
B.
Any customer, new or otherwise, taking water for a part of one three-month period will be charged the minimum charge for that period, together with an excess gallonage over the minimum allowance, if used.
C.
Any customer may discontinue water service by giving the Village written notice not less than 10 days prior to the discontinuance. All liability for charges for service rendered after the discontinuance of service, as herein provided for, shall cease.
D.
The customer shall notify the Village in writing of any change of occupancy. No adjustment of bills will be made by the Village as between owners and tenants unless 10 days' notice in writing prior to the change of occupancy has been given to the Village.
E.
Any customer that has a balance more than 90 days unpaid on April 15 for any Village resident and October 15 for any Town of Vernon water users not in the Village will be relevied to their taxes with an additional penalty as follows: $25 fee for 0 to $300, $50 fee for $301 to $600, $100 fee for $601 and over.
[Added 3-19-2018 by L.L. No. 1-2018]
A.
No person, except the Chief of the Fire Department and his or her authorized assistants, shall use water from any public fire hydrant for any use whatsoever. If any emergency arises, upon application to the Village, the Village Superintendent may authorize water use from public hydrants under such conditions as he or she may deem advisable.
B.
In the interest of public health, the Village mains and services shall not be connected on any premises with any service pipe or piping which is connected with any other source of water supply not approved by the Department of Health of the State of New York; nor shall the Village mains or service pipes be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals or any other matter which may flow back into the Village service pipes or mains and consequently endanger the water supply.
C.
The Village undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to customers, but reserves the right, at any time, without notice, to shut off the water in its mains for the purposes of making repairs or extensions or for other purposes. It is expressly agreed that the Village shall not be liable for a deficiency or failure in the supply of water or the pressure thereof from any cause whatsoever, nor for any damage caused thereby or by the bursting or breaking of any mains or service pipe or any attachment to the Village property.
D.
Water service may be discontinued for any one of the following reasons:
(1)
For use of water through connections on the street side of the meter.
(2)
For molesting any service pipe, seal, meter or any other connection or appliance used in providing water service.
(3)
For nonpayment of bills for water or services rendered by the Village water supply as heretofore set forth.
(4)
For cross-connecting pipes carrying water supplied by the Village with any other source of water supply.
(5)
For not allowing reasonable access to the customer's premises for the purpose of inspecting fixtures and piping and reading, repairing, testing or removing meters.
(6)
For reselling water.
E.
No person, with the exception of the Mayor, Deputy Mayor or Superintendent, may declare a water emergency.
[Added 9-1-1981]
F.
For the purposes of this article, a water emergency shall be deemed to have occurred when:
[Added 9-1-1981]
(1)
A mechanical failure exists in the pumping system.
(2)
There is an insufficient supply of water in the water tower.
(3)
If, for a valid reason, either the Mayor, Deputy Mayor or Superintendent determines that circumstances exist, with respect to said water supply, which jeopardize either the quality or the amount of the supply of water to the Village or which threaten both the safety and well-being of the residents of the Village.
G.
Upon the declaration of a water emergency pursuant to Subsection F, customers must follow the directives issued by the person declaring said water emergency. The customers will be limited to using only that amount of water allowed to be used pursuant to the directives issued by the person declaring said water emergency. Any excessive or improper water usage will be considered a violation of this article.
[Added 9-1-1981]
[Added 9-1-1981; amended 9-9-1992 by L.L. No. 4-1992]
Any customer found guilty of a violation of this article shall be sentenced to a fine of not more than $250 or 15 days in jail, or both.
[Added 7-12-1994]
A.
Each building (house or business) as shown on one tax parcel will pay a fee of $2,500 for connection to the main waterline as developed by the Village of Vernon in the year 1993. This line connects the City of Oneida waterline with the Village of Vernon waterline. This amount is to be paid in advance of construction.
B.
A separate water application fee will be paid when application for the water connection is made to the Village of Vernon. The fee shall be $125.
C.
Existing water connections made at the time of construction are billed as follows:
(1)
Two thousand five hundred dollars will be paid over a ten-year period; quarterly shall be $62.50.
(2)
Two hundred fifty dollars may be made yearly for a ten-year period.
(3)
The payment or balance due may be made in full at any time.
(4)
If property is sold during the ten-year period, the balance of the payment will be made by the seller.
[Adopted 2-27-2012 by L.L. No. 1-2012]
The purpose of this article is to safeguard potable water supplies from potential contamination by preventing back flow from a water user's system into the public water system. It is the intent of this article to recognize that there are varying degrees of hazard and to supply the principal that the degrees of protection should be commensurate with the degrees of hazard. Further, it is the intent of the Village of Vernon, New York, to comply with the requirements of New York State Sanitary Code, Part 5, Section 5-1.31, which said section mandates the requirement that the supplier of water protect its water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are as set forth in the Cross-Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent, the terms, conditions and provisions of the New York State Sanitary Code, Part 5, Section 5-1.31, and the Cross-Connection Control Manual are incorporated in this article by reference as if more fully stated.
As used in this article, the following terms shall have the meanings indicated:
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.
A check valve that seals readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze and other noncorrodible, nonsticking material, machined for easy dependable operation. The closure element shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
Two single independently acting check valves, consisting of a tightly closing shut-off valve located at each end of the assembly and suitable test connections. This device must be approved as a complete assembly.
A minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and properly located test cocks. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than supply pressure. This device must also be approved as a complete assembly.
Any water supply approved by the New York State Department of Health.
Any water supply on or available to the premises other than the approved public water supply.
An individual who has successfully completed a New-York-State-Department-of-Health-approved course in the testing of back-flow-prevention devices and has been issued a certificate by the New York State Department of Health.
As used in this article, any unprotected connection between any part of a water system used or intended to be used as a supply of water for drinking purposes in a source or systems containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
A vacuum breaker which can only be used for internal plumbing control and, therefore, not acceptable as containment device.
The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the water system free from cross-connections and other sanitary defects, as required by this article and all other required regulations and laws.