[HISTORY: Adopted by the Board of Trustees of the Village of Lowville 7-5-1989
by L.L. No. 4-1989. Amendments noted where applicable.]
This chapter shall be known as "Water Service Rules and Regulations
of the Village of Lowville, New York."
A.
The Municipal Board of the Village of Lowville endeavors
to furnish an adequate supply of pure and wholesome water to the residences
and business establishments in the Village of Lowville 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 by 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.
B.
This chapter 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 limits;
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
applicants for water use outside the Village limits but in its immediate vicinity.
This chapter is applicable to all property and water users within the
Village of Lowville and to all water users outside of the Village of Lowville
who are connected to the Village of Lowville water system. Users within the
jurisdiction of a water district are, in addition to the terms and conditions
of this chapter, subject to the rules and regulations set forth in each particular
water district agreement with the Village of Lowville.
As used in this chapter, the following terms shall have the meanings
indicated:
A building under one roof owned or leased by one customer and occupied
as one residence or one place of business.
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.
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.
Garden apartments owned by one individual or firm and located in one
common enclosure.
the Village of Lowville, and/or the Village Municipal Board.
A.
Applications for users or property inside the Village.
All applications for the use of water for all property within the Village
must be made in writing on forms provided by the Village, designated "Application
For Water Service."[1] 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.
(1)
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 mains to serve the premises.
(2)
A separate application signed by the owner of the premises
must be made for each premises. No submetering will be permitted.
[1]
Editor's Note: The Application for Water Service is on file in
the Village offices.
B.
Applications for users or property outside the Village.
(1)
All applications for the use of water outside of the
Village must be done through the formation of a formal water district, pursuant
to the provisions of the Town Law of the State of New York. The Village, pursuant
to the General Municipal Law and the Village Law, is authorized to enter into
agreements for the sale of water to such districts outside the corporate limits
of the Village. The water districts shall make written application to the
Village containing specific terms and conditions that may be determined necessary
for the unique circumstances of each water district, as determined by the
Municipal Board.
(2)
Additional requirements to be included as part of a water
district application/formation are a survey map and physical boundary description
or the water district to be formed, signed by a professional engineer and/or
land surveyor; detailed plans and specifications of the actual construction
and layout of the proposed water service system of the district in question,
signed by a professional engineer; and formalized design basis parameters
of the district system, including the amount of water to be used by the district
in question, prepared and signed by a professional engineer. The amount of
water requested for a particular district shall be made a part of the application
for the water district, specifically, the upper limit of metered usage of
water which may be used by such district. If the district exceeds the maximum
amount set forth in its application this is cause for termination and/or reapplication
and re-approval of the water district in question, at the option of the Village.
(3)
Conditions requiring the reapplication and reapproval
of existing districts include, but are not limited to
(a)
Usage of water in amounts greater than that applied for
in the latest existing agreement for a particular water district;
(b)
A change in the physical boundary description of a particular
water district;
(c)
Requested changes in the type of use intended for the
provided water; and
(d)
Any other requirements as may be required by the Village
depending upon the unique conditions surrounding the formation of a particular
water district.
A.
Upon written application for water service by an owner
or occupant of any property abutting on any public street and upon payment
of the applicable charge for the size service to be installed, the Village
will install, operate, maintain and, when necessary, replace at its own cost
and expense the service pipe and connection between the main and the curb
box shut-off on public streets. 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.
B.
The applicant shall, at his own expense, install the
service pipe from the curb box shut-off to the premises and a valve to be
located preferably just inside the building wall followed immediately by a
meter, permitting control of the water supply. This property shall be maintained,
at the expense of the customer, and when necessary replaced.
(1)
Meters up to and including 3/4 inch will be furnished
by the Village and remain the property of the Village. Meters larger than
3/4 inch shall be furnished and installed by 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.
(2)
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.
(3)
All meters and meter connections provided by the Village
shall at all times remain the sole property of the Village. Under no circumstances
shall any size meter and/or meter connection be tampered with and/or interfered
with in any respect. All meters furnished by the Village (3/4 inch services)
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, hotwater, abuse or other external causes. In case
of damage the Village will repair or replace the meter, at its option, and
the costs shall be paid by the customer. The Village recommends the customer
install, at his expense, suitable equipment properly located to prevent backflow
of hotwater which may cause damage to the meter, or other damage to the customer's
plumbing. The Village reserves the right to require larger service customers
to repair or replace their meter, at the customer's expense, if it is
found to be damaged, defective or inaccurate.
(4)
The Village reserves the right to remove and test any
meter, of 3/4 inch service size, at any time and to substitute another meter
in its place, and, in the case of larger service customers, the Village reserves
the right to require any meter to be removed and tested for accuracy at any
time. The fee for testing such meters will be as per the latest fee and rate
schedule approved by the Village, 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 over-registration.
(5)
Meters larger than two inches in size shall be installed
in specially designed settings so that they may be tested in place at frequent
intervals. If the diameter of a meter is two inches or more, no reduction
in the size of the meter will be permitted for a period of two years.
C.
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 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.
D.
All service pipes shall have a minimum cover of 41/2
feet. No service pipe shall be less in size than 3/4 inch inside diameter.
United States Government Specification Type-K soft-tempered copper tubing
shall be used on three-fourths-inch through two-inch services. All services
larger than two inches in diameter shall be either cast-iron, ductile iron
or polyvinyl chloride (PVC) 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 (psi). 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.
E.
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. At no time shall water
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,
or for whatever other justifiable reason, that is outside of the Village limits,
unless such applicant first forms a proper water district and pays all back
water rents, interest, fees and penalties in full by a check that accompanies
the water district application.
F.
In a building which has multiple dwelling units, the Village
may, at the request of the owner, install multiple meters for such structures,
no more than one for each dwelling unit.
[Added 1-23-2008 by L.L. No. 1-2008]
A.
In the event that the source of water supply should decrease
to such an extent that there is an insufficient supply of water to the inhabitants
of the Village, the Village hereby reserves the right to restrict or terminate
service to existing outside water users, including all water districts. The
supply will remain restricted or shut off until the water supply is again
sufficient for both Village and outside users.
B.
Water will not be supplied for use outside of the Village
of Lowville unless and until a new applicant therefore duly forms and enters
into a water district agreement.
C.
In no event will water be supplied to existing users
outside the Village of Lowville or future water district users who prevent
or attempt to prevent the Municipal Board or the Village, 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 law, a water district agreement,
if applicable, and/or the laws of the State of New York.
[Amended 1-23-2008 by L.L. No. 1-2008]
All water rates, fees and charges shall be as per the latest fee and
rate schedule approved by the Village.[1] In a case where there are multiple meters at one property, all
such meters shall be billed the property owner, and the property owner shall
be responsible for the payment on charges to all meters.
[1]
Editor's Note: Said fee schedule for water rates, fees and charges
is on file in the Village offices.
A.
Metered service bills are rendered at the scheduled Village
rates at six month intervals and are due and payable at the office of the
Village Clerk within 30 days after the mailing date. On bills remaining unpaid
after 30 days, a penalty of 6% additional will be added to the bill. The unpaid
portions of bills are added to the tax rolls of the Village on the first day
of April of each year for collection. If a bill remains unpaid after 30 days,
the Village or its agents or employees may discontinue service at the shut-off,
and service will not be re-established until such unpaid charges, together
with a charge for restoration of service, are paid.
B.
Any customer, new or otherwise, taking water for a part
of one six-month period, will be charged the minimum charge for that period,
together with any excess usage over the minimum, if used.
C.
Any customer may discontinue water service by giving
the Village written notice not less than 10 days prior to the discontinuance,
and 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 in occupancy. No adjustment of bills will be made by the Village
as between owners or tenants unless 10 days' notice, in writing, prior
to change of occupancy has been given to the Village.
A.
No person, except the Chief of the Fire Department and
his authorized assistants or employees of the Village of Lowville Department
of Public Works, shall use water from any public fire hydrant for any use
whatsoever. If an emergency arises, upon application to the Village, the Superintendent
may authorize water use from public hydrants under such conditions as he may
deem advisable.
B.
In the interest of public health of the Village, mains
or 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 pipe 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. The Village shall not be liable for a deficiency or failure in the
supply of water or the pressure thereof for any cause whatsoever, nor for
any damage caused thereby, or by the bursting or breaking of any main 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 branch connections on the street
side of the meter.
(2)
For molesting any service pipe, seal, meter or any other
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 refusal of 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.
(7)
Failure to repair leaks.
(8)
For willful waste of water through improper and imperfect
pipes or by any other means.
E.
No person shall obstruct access to any fire hydrant,
gate valve, corporation cock or curb box connected with the water mains or
service connections or any water pipe in any street by placing thereon any
building materials, rubbish or other hindrances.
F.
No customer or other person shall willfully waste any
water supplied by the Village of Lowville by the loss of water through imperfect
pipes or by other means.
G.
The Village of Lowville Municipal Board and its representatives
reserve the right to restrict or prohibit the use of water for sprinkling
purposes or other nonessential purposes at such times and for such periods
as it deems necessary or proper, and all directives by the Municipal Board
or its duly authorized representatives relative to the curtailment or prohibition
of the use of water for sprinkling or other nonessential purposes shall be
complied with.
H.
In the event of change of ownership or occupancy of a
premises, the property owner shall notify the Village of Lowville Department
of Public Works, in writing, of such change.
[Amended 11-18-1997 by L.L. No. 7-1997]
Any person who violates any of the provisions of this chapter or any
rule or regulation thereof shall be guilty of an offense punishable by a fine
not to exceed $250 or imprisonment not to exceed 15 days, or both such fine
and imprisonment.
