[Adopted 7-11-2011 by L.L. No. 2-2011]
By order dated August 11, 2008, the Town of Chautauqua established Town of Chautauqua Water District No. 3, known as the Chautauqua Shores Water District, which is bounded and described as follows:
Commencing at the northwest corner of Section 297.11, Block 2, Lot 1 of the County Tax Maps for the Town of Chautauqua and in the easterly bounds of New York State Highway No. 394; thence easterly along the northerly bounds of Section 297.11, Block 2, Lots 1 through 8, to the shoreline of Chautauqua Lake; thence southerly along the shoreline of Chautauqua Lake to the southeast corner of Section 297.15, Block 1, Lot 22; thence westerly along the southerly bounds of said Section 297.15, Block 1, Lot 22 to the easterly bounds of Hidden Valley Lane; thence northerly, westerly, and southerly along the bounds of Hidden Valley Lane to the southeast corner of Section 297.15, Block 1, Lot 24; thence westerly along the northerly bounds of Hidden Valley Lane, also being the southerly bounds of Section 297.15, Block 1, Lot 24 and Section 297.15, Block 1, Lot 44 through 47, to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of New York State Highway No. 394 to the place of beginning.
The Town Board of the Town of Chautauqua does hereby adopt and ordain the following rules and regulations to govern and control Water District No. 3 ("Water District"), and does hereby repeal and revoke any previous rules and regulations, resolutions, motions, etc., insofar as they conflict with this article. This article shall be considered as a part of the contract with all parties now or hereafter taking and using water furnished by the Water District.
For purposes of this article only, the following terms shall have the meanings indicated:
- Any owner or agent of the owner making a request for water service to be furnished by the Town of Chautauqua Water District to a new or existing structure within Water District No. 3.
- DWELLING UNIT
- Any building or structure or portion thereof which is, or could be, occupied in whole or in part as a home, residence or sleeping place of one or more persons, containing cooking facilities, sewage facilities, and water facilities.
- The person who has legal title as indicated by the assessment roll of the Town of Chautauqua to any property receiving water from the Water District.
- SERVICE CONNECTION
- The facilities and equipment used to supply water to any structure.
- WATER DEPARTMENT
- The Town of Chautauqua Water Department.
- WATER DISTRICT
- The Town of Chautauqua Water District No. 3.
- WATER FILTRATION SYSTEM
- The water filtration system plant, pumping stations, standpipes, water mains and rights-of-way of the Chautauqua Utility District and the Water District.
For the introduction of water into any premises or for the extension of any pipe for the conveyance of water within the Water District an application in writing must be made to the Town Clerk of the Town of Chautauqua by the owner on an application form furnished for that purpose by the Water Department. Such application shall be accompanied by the water tap fee, if any, which shall be made payable to the Town of Chautauqua Water District No. 3. The Town Clerk shall thereafter forward the application to the Water Department.
Applications 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 Water District to extend its water main to serve the premises.
All applications are subject to the written consent of the Chautauqua Utility District to such new connection.
Upon receipt of any application for new service or for reinstatement of an existing service, the Water District will assume that the piping and fixtures that the service will supply are in proper order to receive same and the Water District will not be held liable in any event of damage done to or resulting from any water connection or the owner's plumbing system.
All new service connections shall be installed at the applicant's expense by a licensed plumber or by a qualified person approved by the Water Department.
For new water service connections, no more than one structure shall be furnished water by the same service.
For new water service connections, the applicant is responsible for the expense of installing the new service connection measured from the Water District water main tap to the structure to be served. The pipe used may be type K copper, ductile iron, or PVC plastic as may be determined by the Water Department. Use of bushings or other fittings prone to failure due to rust or corrosion are strictly prohibited.
Each new service line shall be laid in a straight line from the curb stop to the building line, at right angles to the street main to which it is connected, except that where the subsurface conditions make it impracticable, service pipes may be otherwise laid upon approval by the Water Department of the plan submitted by the plumber showing the proposed location of the service pipe.
All service pipes must be at a depth below the frost line and not less than five feet below finished grade and laid in a straight line at a right angle to the street. Every service pipe must be inspected and tested by the Water Department before it is covered or concealed. No connections are permitted in a service pipe between the street valve and the primary structure in order to serve another structure. PVC plastic pipe shall be installed with a metallic pipe locating tape or wire as approved by the Water Department.
Each street valve and curb box location shall be determined by the Water Department. Generally, the location of the street valve will be established at the property line of the customer to be served.
The Water Department shall make all connections to mains and street valves, or shall directly supervise said connections. No person, other than Water Department personnel, shall be permitted to turn water on or off at any street valve unless written permission has first been given by the Water Department.
All water supplied by the Water District used by any owner must pass through a meter. No by-pass or connection between the meter and the main shall be made or maintained.
An individual meter shall be required for each structure served except that in the event of the construction of any new structure or modification of any existing structure on or after July 1, 2011, where more than one dwelling unit is or will be served by one water meter, an individual water meter shall be required for each dwelling unit of the new or modified structure served.
The water meter installed shall be of a size, type and make specified by the Water District.
Whenever possible, the meter shall be set in a basement or utility room. The meter shall be located at a convenient point approved by the Water District so as to protect the meter and to measure the supply of water through the connection. When a meter cannot be set in the basement or utility room, it shall be set near or inside the property line or in a place approved by the Water District, and all expenses incurred by the Water District in connection with its property housing shall be reimbursed to the Water District by the owner. All meters shall be placed in locations readily accessible by Water District meter readers.
Water meters and meter connections shall at all times remain the sole property of the Water District and shall not be interfered with in any respect. All meters will be maintained by and at the expense of the Water District, so far as ordinary wear and tear are concerned, but the owner will be held responsible for damages due to freezing, lot water, or other external causes. In case of damage, the Water District will repair the meter or replace it with another meter, if necessary, and the cost shall be reimbursed to the Water District by the owner.
The Water District reserves the right to remove and test any water meter at any time and to substitute another meter in its place. In case of a disputed account involving the accuracy of the meter, such meter will be tested by the Water District upon request by the owner. If the meter so tested is found to have an error in registration to the prejudice of the owner in excess of 4% at any rate of flow within the normal test-flow limits, any fee advanced for testing will be refunded, and the owner's most recent water bill will be adjusted to correct for such over-registration in accordance with the method outlined in the current rules and regulations of the Public Service Commission of the State of New York covering the testing of water meters.
The owner shall be obligated to maintain, and, when necessary, repair outside meter pits on private property.
The Water District shall not be liable for damage to any structure caused by flooding in connection with the testing or removal of any water meter.
The owner shall be responsible for maintaining the water service connection from the curb box shutoff to the water meter.
All water service connections, measured from the curb box shutoff to the water meter, for which the owner is responsible, found to be leaking, must be replaced with type K copper, PVC plastic, or ductile iron as specified by the Water Department.
After the water service is found to be leaking by the Water Department, the Water Department will notify the owner of the condition found that owner has 15 days from receipt of the notice to repair the leak and the Water Department reserves the right to terminate service until the leak is repaired, provided that the leak poses no significant, imminent danger to the water filtration system.
The Water Department shall endeavor to thaw frozen water services at no charge to the customer. However, the Water Department is not obligated to thaw said frozen services and is not liable for any action in attempting to thaw the service. In the event that the service cannot be thawed in a reasonable amount of time, the customer will be advised to obtain the services of a plumber.
The Water Department may suggest that the customer leave water flowing to prevent refreezing, however, no adjustment will be made to the customer's bill for the extra water consumed. The Water Department will not attempt to rethaw a frozen service where the customer has not let the water run when this method has been recommended by the Water Department.
The Water District shall have the right to shut off water services in case of fire, repairs or for such other reason deemed necessary. When possible, the Water District shall attempt to give due notice by telephone, mail, newspaper, radio, television broadcast, or by person to consumers affected thereby. Consumers are cautioned to take whatever steps they deem necessary to prevent damage to boilers or other apparatus that may be affected. However, in no case shall the Water District be held liable for any interruption in water service for any cause whatsoever and the Town of Chautauqua and the Chautauqua Utility District shall not be liable for any damage caused by the bursting or breaking of any main or service pipe or any attachment made to the water system.
Billing shall be done at such other intervals as may be determined by the Town Board of the Town of Chautauqua, and shall be payable to the Town of Chautauqua Water Department. Unpaid water bills or other water service charges shall become a levy placed on the succeeding year's real property taxes for the affected property.
Water rates shall be fixed in the budget of the Town of Chautauqua, and shall be no less than 150% of the rates prevailing in the Chautauqua Utility District. Such rates may change from year to year as the Town Board deems necessary.
Service fees shall be charged according to the schedule established from time to time by resolution of the Town Board of the Town of Chautauqua and shall have the same effect as if it were fully set forth in this article. Said fees shall be no less than 150% of the fees prevailing in the Chautauqua Utility District and may include, but are not limited to, minimum billing charges, reconnection fees, miscellaneous service charges, and any other appropriate fee for water services that may be established in the resolution.
The Town of Chautauqua may by resolution and from time to time establish a separate water tap fee and such other fees as may be deemed necessary.
No billing shall be prorated, in regard to the minimum customer charge, when an old customer leaves the system or a new customer comes into the system. Each bill rendered will have the full minimum customer charge.
No bill will be rendered where the service connection has been disconnected and capped at the street valve by the Water Department. However, a new tap charge will apply before water is restored to a service that has been disconnected at the street.
The Water District undertakes to use reasonable care and diligence to provide a constant supply of potable water at a reasonable pressure to owners, but reserves the right at any time, without notice to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes, and it is expressly agrees that the Water District shall not be held liable for deficiency or failure in the supply of water, or the pressure thereof for any cause whatsoever, or for the bursting or breaking of any main or service pipe or other property.
The Water District reserves the right to discontinue water service to any property, for reasons including but not limited to the following:
For willful waste of water by improper or imperfect pipes or by any other means.
For tampering with any service pipes, seal, meter or any other equipment owned by the Water District.
For nonpayment of bills for water or services rendered by the Water District.
For cross-connecting pipes carrying water supply by the Water District with any other source of supply, or with any apparatus that may endanger the quality of the Water Districts water supply.
For refusal to permit reasonable access to a property by Water District personnel for the purposes of reading, repairing, testing or removing meters or inspecting water pipes and fixtures.
To remedy any violation of this article or these rules and regulations, in addition to any civil remedy that may be available.
All premises taking water service, and all premises applying for same, must be accessible and open to Water District personnel at all reasonable hours, for purposes including, but not limited to, reading, repairing, testing and removing meters and inspecting water pipes and fixtures. This right of access shall extend to personnel of the Chautauqua Utility District acting on behalf of the Water District.
No person shall on any pretense or for any reason be permitted to wastewater. In case any person deliberately, intentionally or unnecessarily wastes or allows to be wasted any water upon his premises, upon the discovery of such willful waste, the water to said customer may be shut off by the Water District and/or C.U.D. until they are satisfied that the waste of water will be stopped.
In order to protect the public water system at the point of service connection:
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the Water Department and is satisfactory to the public health agency having jurisdiction with regard to quality and safety.
Each service connection from a public water system for supplying water to premises, on which any substance is handled under pressure in such fashion as to permit entry into the water system, shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.
Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected against backflow of the water from premises into the public system. This is not intended to apply to normal household installations.
Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the Water Department. It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department.
Backflow devices shall be an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection.
Users of such connections shall submit plans for the installation of protective devices to the Water Department and/or the State for approval.
All protective devices shall be tested at least annually, and records of such shall be made available to and maintained by the Water District. Such tests shall be conducted by certified backflow prevention device testers pursuant to the New York State Department of Health requirements.
Any additional requirements of the Chautauqua Utility District's cross-connection control regulations, are incorporated herein by reference and shall apply within the Water District.
All references to Water Department or Water District personnel herein shall include Chautauqua Utility District personnel acting on behalf of or at the request of the Water District.
Failure to comply with any provision of this article or rules or regulations adopted pursuant to this article shall be deemed a violation and the violator shall be liable for a fine of not more than $250 or imprisonment of not more than 15 days, or both, and each day such violation continues shall constitute a separate violation.