All applications for water service shall comply
with the following requirements:
A.
All applications for the use of water must be made
in writing on forms provided by the Town, designated "Application
for Water Service."[1] On acceptance by the Town, the application shall constitute a contract between the Town and the applicant, obligating the applicant to pay the Town its established rates, as set forth in Chapter A157, Fees, and to comply with its rules and regulations.
[Amended 10-3-1994 by L.L. No. 2-1994]
[1]
Editor's Note: The Application for Water Service
form is on file in the Town offices.
B.
The application will be accepted subject to there
being an existing main in a street or right-of-way abutting on the
premises to be served, but acceptance shall in no way obligate the
Town to extend its 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.
A.
Town's responsibility.
(1)
Upon written application for water service, as hereinbefore prescribed, by an owner or occupant of any property abutting on any public street and upon payment of the applicable charge, as set forth in Chapter A157, Fees, for the size of service to be installed, the Town 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 shutoff on public streets.
[Amended 10-3-1994 by L.L. No. 2-1994]
(2)
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 the water supply,
but is for the exclusive use of the Town.
B.
Customer's responsibility.
(1)
The applicant shall, at his or her 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 wall, 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 Town. 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 Town. 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 Town
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 by the Town until
the service pipe and service pipe connection from the premises to
the street have been installed in a manner satisfactory to the Town.
C.
Service pipe specifications. All service pipes shall
have a minimum cover of 4 1/2 feet. No service pipe shall be
less in size than three-fourths-inch inside diameter. United States
government specification Type K soft-tempered copper tubing shall
be used on three-fourths-inch and one-inch service. Byers galvanized
pipe or 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 cast-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 Town reserves the right
in all cases to stipulate the size and type of service connection
to be used.
Upon written application for water service outside
the boundaries of a water district of the Town, payment of the applicable
charge for the tap and appurtenances connecting with the water main
and the execution of an agreement therefor, the Town may supply water
service outside of its limits pursuant to the following other general
conditions:
A.
Water will not be supplied to any outside users or
applicants therefor unless there is sufficient water for the supply
of owners of property within the boundaries of a Town water district,
and if and in the event that the water supply shall become insufficient
for Town users, the supply for outside users will be shut off or restricted
and remain shut off or restricted until the water supply is again
sufficient for both Town and outside users.
B.
Water will not be supplied for use outside the boundaries
of a Town water district unless and until a new applicant therefor
duly signs an agreement specifying the particular conditions and terms
therefor, as the circumstances of the particular case may require.
C.
In no event will water be supplied to users outside
a Town water district who prevent or attempt to prevent the Town,
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 chapter or the laws of the State of New York.
D.
Supply pipes to users outside the boundaries of a
Town water district shall be laid and maintained solely at the expense
of the users, who must also pay to the Town the charge for the tap
and appurtenances connecting with the water main.
A.
Required. An individual meter shall be required for each premises and for each separate water service connection to each premises. Each customer shall pay the cost of such meter,as set forth in Chapter A157, Fees, and installation to the Town upon rendering of statement.
[Amended 10-3-1994 by L.L. No. 2-1994]
B.
Special housing. When due to special circumstances
it is necessary to set any meter in a special housing such as a meter
pit, all expenses incurred by the Town in connection with its proper
housing shall be reimbursed to the Town by the property owner. The
meter will be furnished and connected by the Town. Meter housings
located in public streets will be maintained and, when necessary,
replaced at the expense of the Town.
C.
Furnished and installed by Town. The meter will be
furnished and connected by the Town. The Town reserves the right in
all cases to specify the size, type and make of the meter to be used
on any connection.
D.
Customer's responsibility. The customer shall provide
a place acceptable to the Town for location of the meter. The customer
shall install the necessary piping, fittings, valves and pipe couplings
to receive the meter.
E.
Care and maintenance.
(1)
All meters and meter connections shall at all times
remain the sole property of the Town and shall not be interfered with
in any respect.
(2)
All meters will be maintained by and at the expense
of the Town, 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 damage, the Town will repair
the meter, if necessary replacing it with another meter, and the costs
shall be paid by the customer. The Town recommends that the customer
install, at his or her expense, suitable equipment property located
to prevent backflow of hot water which may cause damage to the meter
or other damage to the customer's plumbing.
F.
Testing and replacement. The Town 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 Town upon the request of the customer. The fee for testing such meters shall be as set forth in Chapter A157, Fees, 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 shall be refunded, and prior water bills will be adjusted for overregistration.
[Amended 10-3-1994 by L.L. No. 2-1994]
G.
Large meters. Meters larger than two inches in size
shall be placed in specially designated 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.
The owner of the property into which water is
introduced by a service pipe will be required to maintain in perfect
order and repair at his or her own expense the service pipe and its
fixtures and appurtenances, including all fixtures therein provided
for delivering or supplying water for any purpose, and in case such
service and fixtures are not kept in perfect repair, the Town shall
shut off the supply of water therefrom without notice or may make
necessary repairs, and the expense incurred shall be a lien against
the property.
A.
Reasonable care and diligence. The Town undertakes
to use reasonable care and diligence to provide a constant supply
of water through its mains to consumers, but reserves the right at
any time without notice to shut off the water in its mains for the
purpose of repairs or extensions or for any other similar purpose,
and the Town shall not be liable for the deficiency or failure in
the supply of water for any cause whatsoever or for any damage caused
thereby or by the bursting or breaking of any mains or service pipes
or any accident to the waterworks, but it is the intention of the
Town when practicable to give suitable notice of such shutting off
to the consumer, and no deduction from water bills will be made in
consequence thereof.
B.
Repairs and construction. In case of making repairs
or constructing any new work, the Town Board reserves the right to
shut off the water from any consumer without notice and to keep it
shut off as long as may be necessary.
C.
Limiting supply. The Town Board reserves the right
to limit the amount of water furnished to any consumer when circumstances
warrant such action, although no limit may be stated in the application
or permit for such use, or the Town Board may entirely cut off the
use for any manufacturing purpose or any use for supplying power at
any time by giving reasonable notice to the consumer of such intended
action.
A.
By consumer.
(1)
Notice. Any consumer wishing to discontinue the use of water supply from the Town must give notice thereof at the Town Clerk's office, and he/she or she will be charged with the use as set forth in Chapter A157, Fees, until such notice is given.
[Amended 10-3-1994 by L.L. No. 2-1994]
(2)
Shutoff charge. In the event that water is shut off
at the request of the consumer and a final bill rendered, a shutoff
charge of $10 shall be paid.
B.
By Town.
(1)
Resumption of service. Whenever water has been turned
off by the officers or agents of the Town of nonpayment of water rents
or for the purpose of repair or construction or for any other necessary
or proper reason, no person shall turn the same on again who is not
duly authorized to do so by the Town Board.
(2)
Nonpayment of violations. When water is turned off
for nonpayment of rents or for violation of any rule or regulation,
it shall not be turned on again until the party in default shall pay
all water rents due and the amount of all penalties which may be imposed
by the regulations set forth in this chapter or by resolution of the
Town Board.
(3)
Turn-on charge. In the event that service is discontinued or decreased by the Town Board for nonpayment of the water bill, service shall not be resumed until all bills and penalties are paid in full and an additional turn-on charge, as set forth in Chapter A157, Fees, is paid.
[Amended 10-3-1994 by L.L. No. 2-1994]
No contractor shall take water from the Town
without a builder's permit for every separate job. When any person
desires to use the Town water on any premises for building purposes
of any description, the owner of such premises or his or her agent
having such premises in charge must, before using Town water for such
purposes, make a regular application at the office of the Town Clerk
for permission therefor and agree to pay such rates therefor as the
Town Board may prescribe.
No person shall open any fire hydrant to draw
water therefrom except under the direction of the Water Superintendent
and also excepting that the Chief of the Fire Department, his or her
assistants, officers and members of the Fire Department are authorized
to use the hydrants for the purpose of extinguishing fires, cleaning
engines, hose or company materials or making trials of the engines
and hose of the company, but all such uses shall be under the supervision
and direction of the Chief of the Fire Department and his or her assistants,
and in no event will an inexperienced and incompetent person be allowed
to control or manipulate in any way any hydrant or other fixture.
[Amended 2-10-1986 by L.L. No. 1-1986; 4-2-2001 by L.L. No.
1-2001]
A.
Payment dates. Water rents shall be paid quarterly
on or before the 20th day after the billing date of January, April,
July and October of each year. Payments shall be made at a place designated
by the Phelps Town Board. Failure to make payment on or before the
20th day after the due date of the specified months will result in
a ten-percent penalty being assessed on the unpaid amount. Failure
to make payment within 25 days of the due date will result in the
discontinuance of the water service as hereinafter provided.
B.
Rates. Water rates shall be established by resolution
by the Phelps Town Board as may be necessary from time to time.
