[HISTORY: Adopted by the Town Board of the Town of Oneonta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-1990 by L.L. No. 7-1990]
It is the purpose of this article to assess and fix charges
for the use of the Woodland Water District and to otherwise raise
revenues for the use, maintenance and operation of the system in the
Town of Oneonta.
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 district to extend its
mains to service the premises. A permit must be made for each premises.
The word "premises," as used herein, shall be defined as follows:
A.
A building under one roof owned by one customer and occupied as one
residence or one place of business.
B.
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.
C.
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.
D.
A building owned 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.
E.
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.
F.
Garden apartments owned by one individual or firm and located in
one common enclosure.
A.
Service connections from the district main to the property line will
be installed by the district or its authorized representative at the
expense of the applicant. Equipment 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.
(1)
In the case of the installation of new services, the owner pays a
tapping fee for which the district taps the main and installs the
service connection to the curb or property line. Fees for a three-fourths-inch
connection, plus the estimated cost of parts and labor and for the
one-inch-two-inch connection, plus the estimated costs of the parts
and labor, will be fixed annually by resolution of the Town Board.
The estimated fee will be paid by the applicant at the time of making
his application.
(2)
All curb boxes, once installed, shall be adjusted to changes in grade
and shall be kept accessible and in repair by the owner.
(3)
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 district.
B.
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 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 district. The minimum size, materials, depth of cover and method
of construction shall be the same as specified for a service pipe
installed by the district. 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 district requirements,
water service either will not be turned on or will be discontinued
if such defects are not remedied.
C.
All service pipes shall have a minimum cover of five feet. No service
pipes 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 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 district reserves the right
in all cases to stipulate the size and type of service connection
to be used.
D.
The Water District Administrator shall have sole discretion to postpone
the proposed installation of water mains or service connections when,
due to weather conditions, such installation would be impossible or
would threaten the integrity of the water system.
[Amended 3-9-1994 by L.L. No. 4-1994]
E.
The Water District shall not be responsible if the service pipes
from the water main freeze, and if the water district consults in
thawing them out, the cost shall be borne by the property owner.
[Added 10-12-1994 by L.L. No. 10-1994]
The following requirements are applicable to any repairs or
replacements which may be necessary for existing service connections:
A.
In the event that a repair or replacement of a section or all of
a PVC (plastic) line is necessary, any such lines are to be replaced
with Type K copper tubing from the curb stop to the meter inside the
residence. No patching of the existing line, whether plastic or copper,
is permitted.
B.
Flared connections are to be made at the curb stop and at the in-house
shutoff valve.
C.
The new line will be laid in a tamped bed of sand not less than three
inches in thickness under and over the pipe. All work must be inspected
by the Water Administrator before backfilling the site. If the site
has been backfilled prior to inspection, the owner will be required
to excavate for the inspection.
D.
In the case of a detected leak in a service line, a repair notice
will be sent by certified mail to the property owner. The property
owner shall be required to replace the leaking service line within
15 days of the mailing to the property owner by the Water Administrator.
If water pressure or tank recovery cannot be maintained during this
period as a result of the leak, the Water Administrator shall have
the right to discontinue or limit water use to the residence at which
the leak has occurred. Failure to comply with the notice to complete
repairs within the fifteen-day notice period will result in the termination
of water service until a proper repair is made by the residence owner.
A.
All new development which requires public water facilities shall
be subject, without exception, to final approval by the Water District.
B.
All 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 district and shall become the property of said district
by deed, easement or bill of sale without expense to the district
before being placed in use. Further, all replacement or repair of
mains, pipes, hydrants, valves, etc., outside the district which are
supplied regularly with water by the district shall be under the supervision
of the district and made without expense to the district.
C.
All new facilities and service connections which are supplied regularly
with water by the district shall be inspected and certified by the
district 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 district.
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 district
and Highway Department.
F.
No deed or easement or dedication of land for highway purposes shall
be accepted by the district 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 district.
G.
Unless otherwise approved by the district, 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 Underwriters' 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 Village Fire Department
Hydrants shall be dry-barrel type conforming to American Water Works
Association Standard C-502:
[Added 7-8-1998 by L.L. No. 8-1998]
The water charge for debt repayment will be based on water units,
and said units are described as follows:
A.
Each one-family year-round residence, occupied or unoccupied: one
unit.
B.
Each two-family year-round residence, occupied or unoccupied: two
units.
C.
Each three-family year-round residence, occupied or unoccupied: three
units.
D.
Each residence used on a seasonal basis, of whatever nature or construction:
one unit.
E.
Each apartment, occupied or unoccupied: one unit. (NOTE: An "apartment"
is defined as living quarters with a separate sink, lavatory or toilet
facility.)
F.
Each unimproved property of building lot size that fronts a right-of-way
of town, county or state highways: one unit. (NOTE: The Town Board
shall determine the minimum-maximum building lot size.)
A.
The district will furnish, install and maintain meters and meter
couplings, but the customer shall install on his premises the necessary
piping, fittings, valves and pipe couplings to receive the meter.
The district will maintain meters 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
repairs, including meter replacement. The customer will install suitable
and approved equipment, properly located and installed, to prevent
the backflow of hot water which may cause damage to the meter or other
damage to the customer's plumbing.
[Amended 12-10-1997 by L.L. No. 7-1997]
B.
The customer shall provide a place acceptable to the district for
the location of the meter. Meters shall be accessible for inspection
and reading by the district's authorized representative at any
reasonable hour.
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 district will test its meters periodically. In case of a disputed
account involving the accuracy of a meter, the district 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 where
it appears that the meter has ceased to register or has registered
inaccurately. 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 on a schedule fixed by resolution
of the Town Board, and payment will be due within 60 days; then a
penalty of 10% of the entire bill then due shall be added. Any account
delinquent as of October 31 will be added to the town tax roll for
the following year.
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 district within
10 days after rendition of the bill, have the meter examined and the
dial reread. The district is authorized to correct any charge due
to a fault in the meter or to 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 Town Board of the Town of
Oneonta acting in its capacity as the Board of Water Commissioners.
D.
Failure to report meter readings or make available access to meters
for reading shall result in a mandatory minimum amount due at an amount
to be fixed annually by resolution of the Town Board.
E.
Rates will be established annually by resolution of the Town Board
of the Town of Oneonta.
F.
Users who connect to the water system, other than at the beginning
of the annual billing cycle, shall be entitled to a prorated minimum
charge in the event that, due to the timing of the connection to water
service, such user would be subjected to a minimum charge which is
in excess of actual usage for the portion of the billing year remaining
at the time of connection to water service. The determination of the
proration formula shall be made by the Town Board of the Town of Oneonta
acting in its capacity as the Board of Water Commissioners.
[Added 11-8-1995 by L.L. No. 10-1995]
A.
The customer shall notify the district within five business days
prior to any change in the ownership.
B.
Seasonal customers.
(1)
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 district metered rates.
(2)
When service is discontinued by a seasonal customer, he will notify
the district, who will then remove the meter. When service is desired
to be reestablished, the customer will notify the district at least
five business days in advance. The meter will then be set and a fee,
fixed annually by resolution of the Town Board, will be levied.
C.
District disconnection.
(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 district shall have the right and authority
to temporarily shut off the water supply in order to perform the necessary
work.
(2)
The district will use, if possible, all reasonable and practicable
means to notify the consumers in advance of such discontinuation of
water service. However, the district 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,
etc., resulting from the shutting off of the water supply for any
purpose whatever, whether or not previous notice has been given.
(3)
The district 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 clause which
may be beyond its control.
(4)
The district 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 district to fill such boilers under working pressure;
nor will it 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 distribution mains; neither will it be responsible
for any damage occasioned by reason of the breaking of any cock or
valve or of damages arising from shutting off the water for the repairs
of mains, for new work or for any purpose whatever.
D.
Water service may be discontinued for any one of the following reasons:
(1)
For the use of water other than represented in the application or
through branch connections on the street side of the meter or place
reserved therefor.
(2)
For the 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 district.
(4)
For cross-connection pipes carrying water supplied by the district
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.
E.
No person shall open or interfere or draw water from any public fire
hydrant without permission from the district, the Chief of the District
Fire Department or their authorized assistants. In case of testing
private fire connections, the District Supervisor shall be notified.
The District Supervisor will not issue any permits for the use of
hydrants unless there is no other possible way to get water without
reasonable hardship. No permits will be issued in winter. If the District
Supervisor issues a temporary permit, the person or persons making
application will pay a fee fixed annually by resolution of the Town
Board. Additional charges will be made for water used in accordance
with the schedule of water rates.
F.
No pipe or fixtures connected with the mains of the district shall
be connected with pipes or fixtures supplied with water from any other
source nor any apparatus which may endanger the quality of the district's
water supply unless a permit is obtained from the district.
G.
There may be times when, in the opinion of the district, it may be
necessary to restrict the use of this service to certain definite
periods or to prohibit it entirely. In this event, all customers will
be notified by public notice.
H.
During drought conditions, upon recommendation by the Water Operator
and Town Engineer, the Town Board may enact water conservation measures
appropriate for such conditions. In the event of a mandatory conservation
condition or extreme drought condition, fines for violation of the
established condition may be set by resolution of the Town Board acting
in its capacity as the Board of Water Commissioners.
[Added 12-10-1997 by L.L. No. 7-1997]
