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.