[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-11-1994 by L.L. No. 1-1994]
All properties located within the Village of New Hartford Sewer
District shall have their sanitary drains connected to a sanitary
sewer system as hereinafter provided. In this circumstance, no other
form of sewerage disposal shall be allowed.
All such connections shall conform to the regulations as provided
for in this article. Furthermore, the discharge from any facility
into the Village of New Hartford sewer system shall meet the regulations
set forth in the Oneida County Local Law No. 14 of 1984, as amended.
In the event of a conflict with any state, county or Village law,
the more stringent provisions shall apply.
If the Village does not elect to construct a sewer extension
under public contract, the property owner, developer or builder may
construct the necessary sewer extensions if approved by the Village
Board in accordance with the requirements of this article. They must
pay for engineering plans, installation and testing, including all
expenses. Each building lateral must be installed and inspected as
required. The installation of the extensions must be subject to full-time
inspection by the DPW Superintendent or his designee, and the expenses
shall be paid by the owner. The DPW Superintendent's or his designee's
decisions shall be final in matters of quality and method of construction.
All sewer extensions constructed at the owner's expense, after
final approval and acceptance of the DPW Superintendent or his designee,
shall become the property of the Village, at no cost to the Village,
and shall thereinafter be maintained by the Village. Those sewers
not installed in public roads shall be installed in permanent utility
easements. Easement shall be acceptable by the Village Attorney and
approved by the Village Board and recorded in the Oneida County Clerk's
office prior to acceptance, plus the easement shall be 20 feet wide.
Said sewer after its acceptance by the Village shall be guaranteed
by the owner, builder or developer against defects in material or
workmanship for 12 months. At the sole discretion of the Village,
a performance, completion and maintenance bond or certified check
may be required as part of the guaranty.
A.
Any person residing outside of the limits of the Village desiring
to connect a private sewer to the public sewer, either directly or
through any private drain or sewer previously connected with the public
sewers, shall make application, in writing, to the Board and file
the same with the Highway Superintendent or Code Enforcement Officer.
If a permit is granted by the Board, the Clerk of the Village, upon
presentation of a receipt from the Village Treasurer showing payment
of a fee which shall be established by the Village Board for making
any such connection, shall issue to the person to whom such permission
shall be granted a permit specifying the sewer with which such connection
is to be made and the building to be served by such sewer and the
condition on which such permit is granted, which permit shall be countersigned
by the DPW Superintendent or his designee, who shall keep a record
of permits granted and the fees paid.
B.
This sewer shall remain the property of the owner. All provisions
of this article shall apply.
C.
The annual sewer charge applicable to persons residing outside the
limits of the Village of New Hartford for the use of such sewers as
above specified shall be determined by the Village Board.
D.
No person to whom permission has been granted under this section
to connect a private drain or sewer from his property, residence or
building with the public sewers of the Village of New Hartford shall
permit any other person to, nor shall be himself, connect any private
drain or sewer from any other residence or building with the drain
or sewer for which a permit has been granted by the Board of Trustees.
E.
The owner or occupants of any piece of land, the sewage from which
empties directly or through another sewer into the public sewers in
the Village of New Hartford, who has not paid the regular sewage charge
as fixed by the Village of New Hartford for using such public sewers
shall disconnect the sewer from his or her property from all connections,
either directly or indirectly, with such public sewer. Such disconnection
of sewer shall be made within 10 days after notice has been given
to such person or persons, in writing, by the Clerk of the Village
of New Hartford, and if any such disconnection shall not be made within
the time specified in such notice, the DPW Superintendent or his designee
shall disconnect such private sewer from the Village sewer and stop
the outlet thereof at the curb or at its connection with such other
sewer, and the same shall not be reconnected until the person or persons
violating the provisions of this section shall have complied in full
with the requirements, rules and regulations of the Board of Trustees.
In the event that any such sewer is disconnected by the DPW Superintendent
or his designee as hereinbefore provided, the cost and expense of
disconnecting the same shall be assessed against the property from
which said sewer runs into such public sewer.
F.
Any permit issued pursuant to the provisions of this section shall
be subject to the following condition (together with such other conditions
as the Board of Trustees may direct): that if at any time it shall
appear to the satisfaction of the DPW Superintendent or his designee
that the public sewers of the Village of New Hartford shall or may
be overloaded due to excessive flow through the same for any reason
whatsoever so that the same may be endangered thereby, said DPW Superintendent
or his designee shall have the right, subject to the direction of
the Village Board and upon 12 hours' notice to any owner or occupant
of the premises to whom such permit may have been granted, to cut
off any connection with the public sewers existing under and by virtue
of any such permit until the danger of such overload shall have been
remedied.
A.
Permit fees. Before performing any construction which results in
a direct or indirect connection to the Village-owned sanitary sewer
system, the contractor or owner must obtain a permit approved by the
Village Board and issued by the Village Clerk upon payment of the
fees to be determined by the Village Board.
B.
Sketches. All permits must include a sketch showing the proposed
location of the structure being connected and the piping to the sewer
main.
C.
Issuance, revocation and transfer. Permits may be obtained at the
office of the Village Clerk. Permits may be revoked by the Village
at any time should the conditions and procedures contained herein
and as stated on the permit not be adhered to or for any other just
cause. Permits are nontransferable.
D.
Notice and inspection. The Sewer Department must be notified 24 hours
prior to the commencement of construction; inspections shall be performed
within 24 hours following a request to the Sewer Department.
Wherever it is necessary to excavate any highway or cut any pavement, sidewalk or curbing, a permit must be obtained from the Superintendent of Highways, if a Village highway is involved; from the County Department of Public Works, if a county highway is involved; and from the New York State Department of Transportation if a state highway is involved. A fee and bond as specified in Chapter 101, Streets and Sidewalks, Article I, Openings and Excavations, will be applicable, or those of the appropriate governing agency.
The property owner is responsible for the maintenance and connections
from the building to the actual point of connection to the public
sewer. The Sanitary Sewer District will be responsible for only the
maintenance of all publicly owned collector and interceptor lines,
sanitary pump stations, force mains and appurtenances which are within
the rights-of-way (ROW) of the highway or within the permanent easement(s)
granted for the public sewer. Public maintenance responsibility does
not include lateral pipes, connections or associated appurtenances
within the highway right-of-way or public easement. The owner shall
bear the expenses of the construction and all connections.
The Inspector shall be appointed by the Village Board and be
the authorized agent of the Village as to matters falling under the
operation of these rules and shall exercise the powers hereinafter
mentioned, in the name and subject to the approval and ratification
of the Board.
The Inspector of Sewers shall report to the Village Board upon
the applications filed with him as nearly as possible in the order
in which they are received, and the Board may return, suspend action
upon or reject any application for correction in form or substance
or for any other reason satisfactory to it and shall grant permits
in proper cases. The agents and employees of the Village shall have
the right to enter the buildings or premises mentioned in any application
whenever necessary to examine the same or to supervise any work thereon.
Every permit shall be signed by the DPW Superintendent or his
designee, whose duty it shall be to keep a record of the permits so
issued.
Any permit issued hereunder shall be revocable by the Village
Board, and the same may be suspended by the Inspector at any time
for breach of or noncompliance with these regulations. No person to
whom a permit may be granted, nor their successors in interest, shall
have the right to claim damages against the Village or its agents
and servants.
Such information the Village has with regard to the positions
of mains and junctions will be furnished to the contractor, but the
Village shall be under no liability or obligation to the accuracy
of the same.
No one but a bonded plumber or contractor will be allowed to
make connections to or lay any lateral in connection with the sanitary
sewer. In the event that the plumber and contractor are from different
companies, the party so named on the permit and bond shall be ultimately
responsible to meet all requirements set forth by this article.
No work of laying drains shall be commenced until the permit
has been issued for the performance of such work.
No person obtaining a permit to serve as a sewer or drain layer
shall allow his name to be used by any other person, directly or indirectly,
either for the purpose of obtaining permits or doing any work, under
penalty of forfeiture of all subsequent rights to receive a permit.
The DPW Superintendent or his designee must be notified whenever
any work is ready for inspection All work must be left uncovered for
examination for 24 hours after notification, Sundays excepted, or
until examined and approved. The actual connection with the sewer
or main shall be made by or under the supervision of the DPW Superintendent
or his designee.
The contractor shall erect and maintain barricades, fencing,
signs, warning lights and other protective devices as needed and as
directed by the New York State Manual of Uniform Traffic Control Devices
necessary to effectively warn and protect the public. All work shall
be done in such a manner and at such times as to interfere as little
as possible with the public travel and convenience. The contractor
shall provide adequate protection for its employees in conformance
with the Occupational Safety and Health Administration (OSHA), as
amended, in regards to material safety data, confined space entry,
fall prevention and retrieval and bracing and shoring.
An as-built sketch shall be provided by the installer as follows:
Upon completion, the permittee, whether for new work or for alterations,
shall provide a sketch on a three-by-five index card showing the plot
plan of the building and the start of building sewer, which point
shall be indicated by stating the distance from the nearest corner
of the building. It shall also show the direction of the sewer and
the distance of the point of connection with the public sewer from
the nearest manhole. Also to be shown will be the total building sewer
length and all direction changes and cleanouts.
No permit will be issued and no connection will be permitted
for the draining of surface or subsurface water into the sanitary
sewers within the Village. Surface water drainage systems and roof
and cellar drains shall be physically connected upon the approval
of the DPW Superintendent or his designee in conformity to all sections
of this article to the Village stormwater collection system, should
one exist. In no event shall surface water be allowed to flow onto
streets, avenues or sidewalks where it may freeze and become a hazard.
Furthermore, all stormwater and all other drainage shall be discharged
to such sewers as are specifically designated as storm sewer or to
a natural outlet approved by the DPW Superintendent or his designee.
Industrial cooling waters or process waters may be discharged upon
approval of the DPW Superintendent or his designee and the New York
State Department of Environmental Conservation, and shall require
a New York State Pollutant Discharge Elimination System permit to
be discharged to natural drainage. No sanitary drainage system or
part thereof shall be installed so as to discharge sewage into sewers
intended for stormwater only.
Any persons who maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the Village public sewer system or
public sewer tributary thereto shall be in violation of these rules,
regulations and local laws and subject to the penalties provided.
In the event that a building that is connected to the Village
sewers is to be abandoned or demolished or the certificate of occupancy
is withdrawn, the connection to the sewer is to be disconnected at
the property line. The private sewer is to be plugged at the property
line in such a manner with a watertight plug that is satisfactory
to the DPW Superintendent or his designee. The sewer is to be disconnected,
plugged and inspected prior to the start of any other work on the
site. The location of this termination shall be provided by the contractor
to the DPW Superintendent or his designee.
No permit shall be granted to connect any cesspool or privy
vault with the public sewer.
Building sewers shall not be connected to any manhole.
A.
Grease, oil and sand interceptors shall be provided at the property
owner's expense when, in the opinion of the DPW Superintendent or
his designee, they are necessary for the proper handling of liquid
wastes containing grease in excessive amounts or sand and other harmful
ingredients, except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the DPW Superintendent or his
designee and shall be located as to be readily and easily accessible
for cleaning and inspection. All interceptors shall be vented,
B.
Where preliminary treatment facilities are provided for any waters
or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
When required by the DPW Superintendent or his designee, the
owner of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
No blowoff from a steam boiler may be connected directly to
a storm sewer. It shall first be connected with a catch basin or condenser
and from that to the sanitary sewer in a manner approved by the DPW
Superintendent or his designee.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
drain shall be lifted by approved artificial means and discharged
to the building sewer, and the cost of furnishing, installation, maintenance,
repair and replacement of any artificial means of lifting sanitary
sewage from a building drain to the public sewer, as well as the utility
costs incurred in the operation thereof, which artificial means are
made necessary by the construction and installation of building drains
subsequent to the installation of the public sewer, shall be paid
by the owner of the premises on which any such building drain is located.
Elevations of pipelines and structures may not be changed from
any Village-approved construction plans without the written consent
of the DPW Superintendent or his designee.
In case a water- or other pipe or drain shall be found in the
way, the question of passing over or under it or raising or lowering
it must be determined by the DPW Superintendent or his designee or
the agency having jurisdiction. In no case shall the drain layer be
allowed to decide the question himself.
No sewer pipe can be extended from work previously done and
accepted, nor can new connections of any kind be made with such work,
without permission of the Village Board.
Whenever it is necessary to disturb or obstruct a public sewer
or a drain in actual use, it must in no case be obstructed without
the special direction of the DPW Superintendent or his designee. In
addition to the above, materials and procedures set forth in appropriate
specifications of the American Society for Testing of Materials (ASTM)
or the Water Pollution Control Federation (WPCF) Manual of Practice
No. 9 may be used, subject to approval by the DPW Superintendent or
his designee.
Old building sewers may be used in connection with the new buildings
only when they are found, on examination after testing by the DPW
Superintendent or his designee, to meet all requirements of this article;
and the use is at the owner's risk, Where cesspools or septic tanks
are to be discontinued following connections to a sanitary sewer,
the owner shall have these pools promptly emptied, cleaned and backfilled
with soil, sand or other acceptable clean material.
The provisions, rules, regulations and specifications contained
in this article shall apply to all existing sanitary sewer systems
and sanitary sewers located within the Village, whether in existence
at the time of the passage of this article or created and constructed
thereafter.
All connections with sanitary sewers shall be made in accordance
with the following specifications and all applicable rules and regulations
of the county, state or Village in which the connection is made or
with the procedures set forth in appropriate specifications of the
ASTM and the WPCF Manual of Practice No. 9. In case of conflict, the
more stringent provisions shall apply. All such connections shall
be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the DPW Superintendent
or his designee before installation.
A.
The construction of all connections and appurtenances from the interior
of a building and from any premises to the public sewer shall be under
the supervision of, and such construction and all materials used shall
be subject to, the inspection and approval of such DPW Superintendent
or his designee.
B.
Excavations and trenches must be properly protected by sufficient
sheeting and bracing, and all construction shall be in accordance
with the most current edition and amendments to Occupational Safety
and Health Administration (OSHA) and any other conditions so noted
on the sewer permit. No tunneling will be permitted except where permission
has been obtained from the DPW Superintendent or his designee.
C.
Connections shall be made at openings provided in the sewer. The
location of the openings may be obtained at the office of the DPW
Superintendent or his designee. Where no opening exists, permission
must be obtained from the DPW Superintendent or his designee to cut
into the sewer. Any breaking of the sewer pipe caused by such cutting,
which shall be done by means of a rotary cutter, must be replaced
at the expense of the installer. All cut-ins shall be encased in 1:2:4
concrete. If required, a wye must be installed as directed. If a wye
is not used, a sewer branch connector must be used meeting minimum
standards of ASTM D-3034. Predco Fast-Fit stainless steel strap or
GPK are examples; however, should the contractor provide adequate
documentation, products of other manufacturers will be reviewed as
requested.
D.
No connection into the sewer shall project beyond the face of the
inside wall of the sewer. Before connecting to any public sanitary
sewer, the contractor shall make sure that the lateral is free and
clear of sand, mud, rocks and roots from the point of connection to
the building sewer.
A.
Connections to the sewer must be made using:
(1)
Polyvinyl chloride (PVC) sewer pipe and fittings. Only type PSM meeting
and/or exceeding all requirements of ASTM-D-3034, latest edition,
shall be allowed. Pipe standard must be equal to or greater than SDR-35.
Joints shall be ring-tight joints conforming to ASTM D-3212 or D-1869
and installed according to the manufacturer's instructions.
(2)
Standard-duty cast-iron bell and spigot, piping and bends. All joints
shall have a compression gasket that is compressed when the spigot
is inserted into the hub or the pipe. Joints shall be gas- and watertight.
B.
Joints and all fittings in sanitary sewers shall be recessed drainage
fittings with smooth continuous linear surfaces to the flow or drainage
and shall conform in all respects to their respective grades of pipe.
Changes in direction of flow shall be made by the proper use of sixth,
eighth or sixteenth bends, or an approved combination thereof. The
use of quarter bends is not permitted. Only approved gasket-type joint
fittings and adapters will be used at connections with dissimilar
pipes. Joints shall be made with an approved elastomeric sealing sleeve
with stainless steel clamps.
The size, slope and depth of building sewers shall be subject
to the approval of the DPW Superintendent or his designee, but in
no event shall the diameter be less than four inches with a minimum
slope not less than 1/4 inch per foot nor greater than 1/2 inch per
foot. The building drain may be brought up abruptly from the public
sewer with the proper use of acceptable bends and then continue within
the allowable grades to the building. The depth of the building drain
shall be below the frost line, unless adequate provision is made to
protect such pipe from freezing; said protection shall be approved
by the DPW Superintendent or his designee.
In the instance of a sanitary lateral installation on filled
or unstable ground, the drain shall be cast iron, except that nonmetallic
pipe may be accepted by the DPW Superintendent or his designee if
the bedding method is submitted and approved.
A.
Whenever there is sanitary sewer separation with water transmission
lines, sewers should be laid at least 10 feet horizontally from any
existing or proposed waterline. Should local conditions prevent a
lateral separation of 10 feet, a sewer may be laid closer than 10
feet from the water main if it is in a separate trench or it is in
the same trench with the water mains located at one side on a bench
of undisturbed earth. In either case, the elevation of the crown of
the sewer must be at least 18 inches below the invert of the water
main.
B.
Whenever sewers must cross under water mains and the sewer cannot
be buried to meet the above requirement, the water main shall be relocated
to provide this separation or the sewer line constructed of slip-on
or mechanical-joint, cast-iron pipe or PVC pressure pipe for a distance
of 10 feet on each side of the waterline and be pressure-tested to
assure watertightness. At least 10 feet of separation must exist between
the point of crossing and joints in the waterline.
C.
There must be no physical connection between a public or private
potable water supply system and a sewer, or appurtenance thereto,
which would render possible the passage of any sewage or polluted
water into the potable water supply. No water pipe shall pass through
or come in contact with any part of a sewer manhole.
All pipes shall be laid with the ends abutting, bell ends uphill
and on a true line and grade. All pipes shall be clear of dirt or
other foreign materials as the work progresses.
All pipes extending through the wall of a building must be heavy-duty
cast-iron soil pipe a minimum of six inches above finished floor grade,
shall be six feet in length and shall extend three feet beyond the
street side of the wall, at which distance there shall be a flexible
joint.
Traps must be used and installed within the property line. Whenever
practical they shall be installed within the building on the building
drainpipe and within two feet of the exterior wall where the sewer
leaves the building. The trap shall be located on the sewer side of
all connections and shall be equipped with a flush wye cleanout on
the sewer side of the trap.
A minimum four-inch vent extended to the building exterior shall
be installed on the house side of the trap. The vent shall terminate
a minimum of six inches above the finished grade and be protected
by a perforated metal cap fixed to the mouth of the inlet. The cap
shall have a ventilating area at least equal to the area of the pipe.
A forty-five-degree wye shall be installed at the highway right-of-way
and property line and not over 75 feet apart thereafter, and more
frequently if directed by the DPW Superintendent or his designee,
so that at all times the route of flow can be rodded or cleaned mechanically.
The risers on all cleanouts shall be a minimum of four inches in diameter.
A forty-five-degree wye with a four-inch brass screw-type opening
and cover accessible for cleaning and flushing shall be set at the
finished grade of property.
Whenever it is necessary to temporarily leave the work prior
to a complete installation, the end of the pipe shall be securely
closed with a tightly fitted cover or plug. Any earth or other materials
entering the main sewer through the open end of any laterals or pipe
shall be removed at the contractor's expense.
A.
The pipe shall be laid on a minimum of six-inch-deep bed of No. 1A stone hand-chinked and brought to the spring line of the pipe. From the spring line to six inches above the top of the piping the trench shall be covered with No. 1A stone. The remainder at the trench shall be backfilled in conformity with Chapter 101, Streets and Sidewalks, Article I, Openings and Excavations, or that of the appropriate governing agency.
B.
Right-of-way backfill and compaction shall be in accordance with
the applicable governmental standards. No trench shall be backfilled
until the work has been inspected and approved by the DPW Superintendent
or his designee.
Should the contractor fail to properly backfill the excavation within the highway right-of-way as specified in Chapter 101, Streets and Sidewalks, Article I, Openings and Excavations, of the Village Code, the work shall be performed under the direction of the appropriate municipality, and the cost of this work shall be charged against the bond posted by the contractor. The contractor shall be responsible for any settling of the ground within the highway right-of-way which occurs within one year of restoration of the excavation.
The excavation shall be backfilled as specified to a condition
equal to what existed prior to construction. Any settlement occurring
after the trenches have been backfilled must be filled either by the
contractor or the owner.
[Adopted 6-5-1986 by L.L.
No. 3-1986]
A sewer use charge schedule shall be used for deriving revenues for financing and maintaining sewage collection and appurtenant facilities in the Village of New Hartford. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining the sewage system, including administration, engineering, construction and other related costs. Nothing in this section shall affect the charges provided for in § 87-5 of the New Hartford Village Code.
A sewer use charge shall be assigned to owners of properties
located within or without the corporate limits of the Village of New
Hartford who contribute wastes to the municipal sanitary system, except
as herein provided.
The basis for the sewer use charge shall be as follows:
|
Sewer Use Charge Schedule
| |
|---|---|
|
Type of Unit
|
Unit Assessment
|
|
House (single-family)
|
1.0
|
|
House (2-family)
|
1.5
|
|
Multiple-family housing and apartments
|
0.75 per designated dwelling unit
|
|
Commercial and business establishments, schools and churches
|
1.0 per 40,000 gallons of, annual water consumption or fraction
thereof
|
The sewer use charges shall be billed annually, as a separately
identified item on the Village tax bill.
The Village reserves the right, annually, to change sewer use
charges and the unit assessment originally or previously assigned.
[Amended 9-11-1994 by L.L. No. 1-1994]
A.
Households with two or fewer persons may apply for variances to reduce
to a unit assignment from one to zero and 0.75. A variance may be
applied for through the Superintendent of the Department of Public
Works or his designee in a verified written application.
B.
Commercial and business establishments, schools or churches may apply
for variances to base their unit assignment on water actually discharged
into the sewage system. The method of determining the amount of water
discharged to the sewer system shall be subject to the approval of
the Superintendent of Public Works or his designee.
[Amended 9-11-1994 by L.L. No. 1-1994]
The Superintendent or his designee and any member of the Board
of Trustees or its designee shall have the right of access at any
reasonable time to any premises served by the Village sewer system
for the purposes of inspection in order to carry out the provisions
of this article in an equitable manner.
The per-unit amount of the annual sewer use charge shall be equal to the total of the annual expenses set forth in § 87-52 divided by the total number of units served by the Village sewer system. The annual sewer use charge shall be billed annually on or before the first day of June of each year. The sewer use charges shall be set by the Board of Trustees of the Village of New Hartford on an annual basis at the time of approval of the general operating budget each fiscal year.
[Amended 9-12-2005]
Thirty days after due date, a late penalty fee of 5% shall be
added to the amount of the sewer use charge, and for each month thereafter,
on the first day of each month, an additional penalty of 1% shall
be charged until paid.
All unpaid delinquent sewer use charges shall constitute a lien
on the real property served by the Village sewer system, and, on the
first day of October of each year, the Village Clerk shall present
to the Board of Trustees a statement setting forth the amount of each
lien for sewer rents in arrears, the real property affected thereby
and the name of the person in whose name the real property is assessed.
The Board of Trustees shall levy the amounts contained in such statement
against the real property liable at the same time and in the same
manner as Village taxes, and such amounts shall be set forth in a
separate column in the annual tax rolls. The amounts so levied shall
be levied and enforced in the same manner and at the same time as
may be provided by law for the collection and enforcement of Village
taxes.
