[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-28-2008 by L.L. No. 1-2008]
A.
Permits will be issued subject to there being an existing
main in the street or right-of-way abutting on the premises to be
serviced, but acceptance shall in no way obligate the Village to extend
its mains to service the premises.
B.
A permit must be made for each premises. The term
"premises" as used herein shall be defined as follows:
(1)
A building under one roof owned by one customer and
occupied as one residence, or one place of business. A combination
of buildings owned by one customer, in one common enclosure, occupied
by one family, or one corporation, or firm, as a residence, or place
of business.
(2)
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.
(3)
A building owed by one customer having a number of
apartments, offices, or lofts which are rented to tenants and using
in common one hall and one or more means of entrance.
(4)
A building one or more stories high under one roof,
owned by one customer having an individual entrance for the ground
floor occupants and one for the occupants of the upper floors.
(5)
Garden apartments owned by one individual or firm
and located in one common enclosure.
A.
Service connections from the Village main to the property
line will be installed by the Village or its authorized representative
at the expense of the applicant. Parts shall consist of a corporation
stop inserted into the main, sufficient copper tubing to reach the
applicant's property line and a curb stop and box at the applicant's
expense.
B.
In the case of the installation of new services: in addition to the costs stated in Subsection A above, the owner shall pay a tapping fee for which the Village taps the main. Fees for a 3/4 inch, one-inch, and two-inch connections, plus the estimated cost of parts, materials, equipment, and labor will be fixed annually by resolution of the Village Board of Water Commissioners. The applicant will pay the estimated fee at the time of making his application. Any additional costs incurred by the Village, due to unforeseen circumstances directly related to the installation (i.e., blasting, equipment rental, additional material, etc.) will be assessed against the applicant and payment rendered before water service is turned on.
C.
In the case of replacement of existing services: if
the homeowner requests that the line from the Village main to the
property line be replaced, upgraded (such as replacing lead with copper,
or upsizing the pipe), or its location moved, the same costs will
be assessed against the homeowner as if it were a new service connection.
If, however, the existing line is leaking, or in the opinion of the
Superintendent needs to be replaced, the cost of the replacement is
borne by the Village.
D.
The cost of replacement of existing lines, from the
curb stop to the meter, is the full responsibility of the building
owner, however, the Village must be notified at least five days in
advance of such replacement, and must be allowed to inspect the work
before it is backfilled. Failure to make such notification, or to
allow inspections, may result in service being shut off.
E.
Tapping fees: in addition to materials, parts, and
labor. New service or replacement.
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3/4 and 1 inch
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As set annually by the Village Board
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1 1/2 inch
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Actual cost of private contractor
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2 inches
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Actual cost of private contractor
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Over 2 inches
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Actual cost of private contractor plus tapping
tee and valve
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F.
All curb boxes, once installed, shall be adjusted
to changes in grade and shall be kept accessible and in repair by
the owner.
G.
Service pipe and service connections 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 the
water supply but is for the exclusive use of the Village.
H.
The applicant shall, at his own expense, install the service pipe from the curb box shutoff to the premises and a valve to be located preferably just inside the building well, permitting control of the water supply by the customer. This property shall be maintained, at the expense of the customer, and when necessary, replaced. For this installation and maintenance thereof, the customer shall 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 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 specification, or with the Village's requirements, water service either will not be turned on or will be discontinued if such defects are not remedied. Any new or upgraded service lines will include backflow prevention devices commensurate with the level of hazard that exists as defined in § 287-7.
I.
All service pipes shall have a minimum cover of five
feet. No service pipes shall be less in size than three-fouths-inch
inside diameter. U.S. Government Specification Type K soft tempered
copper tubing shall be used on three-fourths-inch and one-inch services.
Type K copper tubing shall be used on one-and-one-half-inch and two-inch
services. All services larger than two inches in diameter shall be
ductile iron pipe of quality equal to American Water Works Association
standard specifications and of weight suitable for service under a
pressure of 150 pounds per square inch. All connections of service
pipes to a main with a ground cover of less than five feet shall be
made on the side of the main so that such service pipes shall in no
case have less covering than the main. The Village reserves the right
in all cases to stipulate the size and type of service connection
to be used.
J.
After October 15 of any year, the Village will make
no installation of water mains or service connections until weather
permits in the spring, except in case of an emergency.
K.
The Village shall not be responsible if the service
pipes from the water main to the premises freeze.
A.
Approval required. All new development that requires
public water facilities shall be subject, without exception, to final
approval by the Village Board of Water Commissioners.
B.
Construction expense. All engineering costs, excavation,
traffic control, mains, hydrants, valves, and necessary appurtenances
thereto, other than replacement of existing and accepted ones or other
than on lands accepted for highway purposes prior to the adoption
of the rules and regulations, shall be constructed and installed without
expense to the Village and shall become the property of said Village
by deed, easement, or bill of sale without expense to the Village
before being placed in use. Further, all replacement or repair of
mains, pipes, hydrants, valves, etc., outside the Village, which are
supplied regularly with water by the Village, shall be under the supervision
of the Village and made without expense to the Village.
C.
Inspection and certification. All new facilities and
service connections, which are supplied regularly with water by the
Village, shall be inspected and certified by the Village to be free
from leaks, defects of installation, etc., before they are accepted
and placed in use. No main of a size smaller than six inches shall
be installed. Five feet of earth coverage and a distance of not less
than four feet from any open area or vault shall be required.
D.
No backfilling shall be permitted until inspection
has been completed and the work approved by the Village.
E.
All excavations for installations shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Village.
F.
Acceptance. No deed or easement or dedication of land
for highway purposes shall be accepted by the Village unless such
deed also conveys completed facilities, including mains, valves and
hydrants, or until the grantor tenders a performance bond, labor and
material bond and payment bond to the Village.
G.
Materials. Unless otherwise approved by the Village
the following specifications shall be conformed to:
(1)
Pipe. Class 52 Ductile iron pipe shall be push-on
joint type with rubber gaskets, four brass connecting wedges to each
joint, cement lined and tar coated to meet American National Standard
Institute Specification A-21.52-1976.
(2)
Fittings. Shall be cast iron Class 250 to meet American
National Standards Institute Specification A21.11-1972 and American
Water Works Association Specifications C 111-72.
(3)
Hydrants. Shall conform to American Water Works Association
specifications and shall meet the requirement of the Underwriter's
Laboratories. Hydrants shall be six inches, having a mechanical joint
connection, two two-and-one-half-inch hose connections and one pumper
connection. Threads for nozzles shall be as required by the Fire District.
Hydrants shall be dry-barrel type conforming to AWWA Standard C-502.
A.
Meters. The Village will furnish, install and maintain
meters, meter couplings, and outside reading devices up to two inches.
Meters over two inches shall be supplied by the customer. Customers
that have a two-inch or larger meter must have a replacement meter
or one on retainer and available for installation within two days.
The customer shall install on his premises the necessary piping, fittings,
valves and pipe couplings to receive the meter. There shall be isolation
valves installed on each side of the meter, these valves to be in
addition to the main house shutoff. The Village will maintain meters
and reading devices as stated insofar as ordinary wear and tear is
concerned, but in case of damage by freezing, hot water, or external
damage, the customer will be held responsible for the cost of repairs.
The customer will install suitable equipment, properly located and
installed, to prevent backflow of hot water which may cause damage
to the meter, or other damage to customer's plumbing. The customer
is required to repair or replace any faulty valves or other fittings
that isolate the meter. Failure to do so may result in service being
turned off until repairs are made. The Village is not responsible
for any damage to the customer's plumbing resulting from the testing,
inspection, or repair of the meter. Meters shall be located a minimum
of six inches from the wall, be mounted horizontally, no more than
four feet from the floor and anchored or supported to prevent vibration
or damage from external causes.
B.
The customer shall provide a place acceptable to the
Village for the location of the meter and any outside reading device.
Meters shall be accessible for inspection and reading by the Village's
authorized representative at any reasonable hour. The customer is
responsible to see that there is a clear path at all times for reading
or inspection of any outside reading equipment. In the event that
a meter cannot be accessed, an estimated billing will be made for
that quarter, based on previous usage.
C.
The customer grants the right of access to property
to remove and test any meter at any time and to substitute another
meter in its place.
D.
The Village will test its meters periodically. In
case of a disputed account involving the accuracy of a meter, the
Village will test the meter upon the request of the customer. A fee,
payable in advance of the test, is required and said fee will be at
the current wage rate for meters one-inch or smaller and at actual
cost for meters larger than one-inch which have to be tested by a
private concern. In the event that the meter is found to over-register
in excess of 4% at any flow within the normal test flow limits, the
fee will be returned to the customer, otherwise it will be retained.
Adjustment in bills for over-registration of the meter will be made.
E.
The reading of a duly installed meter showing the
amount of water consumed shall be used for all metered billing purposes
except were it appears that the meter has ceased to register or has
registered inaccurately. In the case of an inaccurate reading of the
outside reader, or if the outside reader has ceased to function, the
reading of the actual meter shall be deemed correct. In cases where
it is found that a meter has ceased to register or has registered
inaccurately, and it cannot be determined by reasonable test the percentage
of inaccuracy, an estimated bill for the billing period may be rendered
the consumer. The estimated bill shall be based upon the amount of
water consumed in the corresponding period in prior years, except
where it appears that there has been a change in the occupancy of
the premises or in the use of water, in which case an equitable adjustment
shall be made.
A.
Meters are read and customers are billed quarterly
on a schedule fixed by resolution of the Village Board and payment
will be due within 30 days. If 30 days after receipt of a water bill
any person, partner, firm, association, or corporation has not paid
its water bill in full, the Village Clerk of the Village of Delhi
shall give a written notice to said person, partner, firm, association,
or corporation that its water supply shall be cut off on a specified
date, which date shall be no earlier than 30 days from the date of
the notice. The Village Clerk is hereby empowered to add a penalty
to the amount of taxes due and in addition to other interest and penalties.
Said penalty shall be set annually by resolution of the Board of Trustees
and shall be used to defray the expense of having a Village employee
turn off and on the water supply. The Village Clerk shall specify
this amount in the notice set forth below.
(1)
Any notice given herein shall be in writing and directed
to the last known address of the person, partner, firm, association,
or corporation using the Village water, shall state the amount of
taxes due with interest and penalties, if any, and shall specify the
date when the water supply shall be cut off.
(2)
If payment is not received by the Village of Delhi
by the date specified in the notice, the Village of Delhi, its agents
or employees are hereby authorized to turn off the water and keep
the same turned off until said water bill is paid in full. Upon receipt
by the Village Clerk of full payment of the water bill, water service
shall be restored as soon as it is reasonable to do so, however, water
service will only be restored if the owner or responsible agent is
present and access to the meter is granted.
(3)
Any person, partner, firm association, or corporation,
who receives a thirty-day notice of the cut off of water, as recited
above, shall have the right to a hearing with the Village Clerk during
said thirty-day period to determine the correctness of the delinquent
water bill. If a hearing is not requested during said thirty-day period,
it shall be deemed to have been waived.
(4)
The remedy provided herein shall be in addition to
any other rights, remedies and enforcement procedures authorized by
the Village Law of the State of New York.
B.
Failure to receive bills shall be no reason for not
paying the added penalty charge.
C.
Persons making complaint as to the correctness of
meter bills and claiming to be overcharged can by application to the
Village Clerk within 10 days after rendition of the bill, have the
meter examined and the dial reread. The Water Department is authorized
to correct any charge due to an incorrect reading of the dial but
shall have no power to reduce meter bills for any other reason whatsoever.
This determination is to be made by the Village Board of the Village
of Delhi acting in its capacity as the Board of Water Commissioners.
D.
Failure to make available access to meters for reading
shall result in an estimated bill to be rendered based on past usage
history.
E.
Rates for metered and nonmetered connections will
be established annually by resolution of the Village Board acting
in its capacity as the Board of Water Commissioners.
A.
The customer shall notify the Village within five
business days prior to any change in ownership. The Village will cooperate
in reading the meter for the purpose of property transfers; however,
the seller or seller's agent must make access available to the meter.
B.
Seasonal customers or those customers who take water
for only part of the year will be charged the minimum charge for each
quarter or part of each quarter during which water service is supplied.
All water used will be charged at the regular metered rates. A deposit
may be required from seasonal customers to insure payment. When a
seasonal customer discontinues service, that customer must notify
the Village that will then turn off the curb stop and remove the meter.
When service is to be reestablished, the customer will notify the
Village at least five business days in advance. The customer will
make arrangements for someone to meet the Water Department at which
time the water service will be reconnected, subject to inspection
of the existing service pipe. The meter will then be set and a fee,
fixed annually by resolution of the Village Board, will be levied.
C.
Temporary discontinuance of water supply; liability
of Water Department; prohibited use of water.
(1)
As necessity may arise in the case of breaks in water
mains, or other emergencies of a similar nature, including the necessity
for making repairs, connections, extensions, and/or the installing
and repairing of consumer services, the Water Department shall have
the right and authority to temporarily shut off the water supply in
order to perform the necessary work.
(2)
The Water Department will use, if possible, all reasonable
and practicable means to notify the consumers in advance of such discontinuation
of water service. However, the Village shall not be liable for any
inconvenience suffered by the consumer or for any damage which may
result to the consumer's piping, fixtures, heating appurtenances,
appliances, clothing, etc., resulting from the shutting off of the
water supply for any purpose whatever, whether or not previous notice
has been given.
(3)
The Water Department will not be liable in any case
for any claim against it at any time for the interruption of water
service, lessening of the water supply, inadequate water pressure
or any other cause that may be beyond its control.
(4)
The Water Department will not be responsible for any
accidents or damages that may result through supplying steam or hot
water boilers directly from the service pipe, and depending upon the
pressure from the distributing pipes of the Water Department to fill
such boilers under working pressure; nor will they be responsible
for any accidents or damages that may result in consequence of house
boilers being unprotected by vacuum or other valves, or of the imperfect
action of the same, nor for any lack of strength in the boilers or
in their appurtenances to withstand the pressure in the distributing
mains; neither will they be responsible for any damage occasioned
by reason of the breaking of any cock, valve or of damages arising
from shutting off the water for the repairs of mains, for new work
or for any purpose whatever.
(5)
The use of water, from the public water supply, for
the production of power in any type of apparatus, or the use of the
public water supply for cooling purposes is strictly forbidden.
D.
Water service may be discontinued for any one of the
following reasons:
(1)
For use of water other than represented in application
or through branch connections on the street side of the meter or place
reserved therefore.
(2)
For willful waste or use of water through improper
and imperfect pipes, or by any other means.
(3)
For molesting any service pipe, seal, meter or any
other appliance owned by the Village.
(4)
For cross-connecting pipes carrying water supplied
by the Village with any other source of supply or with any apparatus
which may endanger the quality of the water supply.
(5)
For refusal of reasonable access to the property for
the purposes of inspecting fixtures or piping or for reading, repairing,
testing or removing meters.
(6)
For submetering or reselling water.
(7)
Failure to pay water bill.
E.
No person shall open or interfere or draw water from
any public fire hydrant without permission from the Water Department
and/or the Chief of the District Fire Department, or their authorized
assistants. In case of testing private fire connections, the Public
Works Superintendent shall be notified. The Public Works Superintendent
will not issue any permits for the use of hydrants unless there is
no other possible way to get water without unreasonable hardship.
No permits will be issued in winter. If the Superintendent issues
a temporary permit, the person or persons making application will
pay a fee fixed annually by resolution of the Village Board. Additional
charges will be made for water used in accordance with the schedule
of water rates.
F.
Seasonal limitations of use. There may be times when,
in the opinion of the Village, it may be necessary to restrict the
use of water for irrigation, sprinkling, washing of cars or houses,
etc., to certain definite periods or to prohibit it entirely. In this
event, all customers will be notified by public notice. Homeowners
not complying with an order to conserve water may have their service
disconnected, or be subject to other penalties or enforcement actions.
A.
The purpose of this section is to safeguard the Village
of Delhi's potable water supply by preventing backflow of nonpotable
material into the public water system through service connections.
It is the intent of these regulations to recognize that there are
varying degrees of hazard and to apply the principle that the degree
of protection should be commensurate with the degree of hazard.
B.
APPROVED PROTECTION DEVICE
APPROVED WATER SYSTEM
AUXILIARY WATER SOURCE
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CROSS-CONNECTION
PUBLIC WATER SYSTEM
WATER SUPERINTENDENT
Definitions. As used in this article, the following
terms shall have the meanings indicated:
A backflow prevention device that has been approved by the
New York State Health Department, including double check valve assemblies,
reduced pressure principle backflow prevention devices and air gaps.
A source of water and system approved by the State Health
Department.
Any water source on, or available to, the premises other
than the public water system.
A person who has been certified as a tester in conformance
with State Health Department regulations.
Any connections between any part of the public water system
and any source or system containing water or substance that is not
approved as equally safe, wholesome, and potable for human consumption.
The water mains and pipes owned and operated by the Village
of Delhi Water Department.
The Superintendent of Water designated by the public water
system, or his/her designated representative.
C.
Where protection is required.
(1)
An appropriate approved protection device shall be
installed at the customer's expense for cross-connections at the following
types of facilities:
(a)
Premises having an auxiliary water source, unless
that source is an approved water supply.
(b)
Premises with existing plumbing connections
or with potential plumbing connections to nonpotable water, liquids
other than water, or any other hazardous or objectionable substances.
(c)
Premises with fire protection systems, including
sprinklers, fire pumps, auxiliary water sources, or fire-fighting
water storage tanks.
D.
Type of protection. The type of approved protection
device that is to be required for a particular connection shall be
appropriate for the degree of hazard for the cross-connection, and
shall be determined by the Water Superintendent.
E.
Maintenance and inspection of approved protective
devices.
(1)
Any water customer who is required to have an approved
protection device shall be responsible to maintain such device in
working order.
(2)
The water customer shall have any approved protection
device, except an air gap, inspected at least annually by a certified
backflow prevention device tester. Results of such testing shall be
provided to the Water Superintendent within 72 hours of the test.
F.
Protection within premises. Where the potential cross-connection
is limited to a single fixture in one building on the premises, the
Water Superintendent may, after consultation with the local Code Enforcement
Officer, allow the approved protection device to be installed on the
piping to that particular fixture rather than the service entrance
pipe.
G.
Technical guidance. In determining where an approved
protection device shall be required, and the appropriate type of device,
the Water Superintendent shall use the most current guidance material
provided by the New York State Health Department.
H.
Approval and installation. A water customer required
to install an approved protection device shall submit plans and specifications
for such installation to the Water Superintendent who must approve
the plans prior to installation. The Water Superintendent may refer
the plans to the State Health Department for review and approval.
I.
Recourse for noncompliance. Service of water to any
premises may be discontinued by the Public Water System if an approved
protection device required by this regulation is not installed, tested,
and maintained as required; service will not be restored until such
conditions or defects are corrected.
