Building construction and fire prevention — See Ch. 56.
Sewers — See Ch. 140.
Streets and sidewalks — See Ch. 148.
Subdivision of land — See Ch. 150.
Zoning — See Ch. 175.
Water main specifications — See Ch. A182.
ARTICLE IService Connections; Use; Rates (§ 169-1 — § 169-30)
ARTICLE IICross-Connection Control (§ 169-31 — § 169-37)
§ 169-1Purpose; contract to include subsequent changes.
§ 169-3Application and contract for service.
§ 169-4Temporary metered service from fire hydrant.
§ 169-5Renewal of service after discontinuance.
§ 169-6Liability for charges.
§ 169-7Street service connections in public streets.
§ 169-8Customer service pipes.
§ 169-9Inspection and approval.
§ 169-10Cross-connections prohibited; exception.
§ 169-11Maintenance by property owner.
§ 169-12Separate connections required; exception.
§ 169-13Control of water.
§ 169-14Waste of water.
§ 169-15Extension of mains.
§ 169-16Private mains.
§ 169-17Control of mains.
§ 169-18Water usage.
§ 169-19Fire hydrants.
§ 169-20Permit required for building purposes.
§ 169-21Meters and reading devices; installation and inspection fees.
§ 169-22Meter testing; fee.
§ 169-23Service to vacant premises; fee.
§ 169-24Establishment of water rents.
§ 169-25Water rates.
§ 169-26Payment procedures; interest and penalties.
§ 169-27Furnishing water to others prohibited; exception.
§ 169-28Penalties for offenses.
§ 169-29Amendments; right of entry.
§ 169-30Rights of village; liability.
The following rules, regulations and requirements shall be deemed to be incorporated in and form part of, and are hereby made a part of, the terms and conditions for the supply and use of water furnished to all parties and consumers whatsoever by the Village Board of Trustees of Washingtonville, New York, and all applicants, parties and consumers hereby expressly consent hereto as a condition precedent. And all subsequent changes in rules, regulations and requirements shall constitute a part of the contract with the consumers and owners of property supplied with village water.
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Trustees of the Village of Washingtonville, New York, or the duly authorized employees or agents thereof.
- The party who has made application for water service to the premises described in the application and/or the party who is currently being served by the village water supply.
- CUSTOMER SERVICE CONNECTION
- A pipe with appurtenances used to conduct water from the street service connection to the building or buildings.
- A pipe owned by the village used for supplying water to more than one premises.
- PUBLIC STREET
- The territorial limits of any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of the village, town, county or State of New York.
- STREET SERVICE CONNECTION
- A pipe with appurtenances used to conduct water from the main to the curb stop for the premises but not more than 10 feet past the property line or 10 feet past the main easement line, whichever is first.
All applicants for the use of water through a service pipe and all applications for the introduction of service pipes for the tapping and inserting of corporation stops for private pipes must be made, in writing, to the Village Clerk, who will keep a proper record thereof, by the owner of the premises sought to be supplied or by a duly authorized agent. Authority of the agent must be filed with the Village Clerk.
Applicants will state fully and truthfully all purposes for which the supply is required, with the correct street number of the premises or exact location of premises. The application must be accompanied by a permit from the Village Superintendent of Public Works for making necessary openings in the street and sidewalk. Applications for permit may be obtained from the Village Clerk by the owner or authorized agent.
Water for construction or other temporary purposes may be furnished on an application for a metered service connection from a fire hydrant.
In all cases where water is to be used for construction or other temporary purposes, the applicant shall, in addition to paying any established charge for such connection, make a deposit (certified check) with the Village Clerk in the amount to be set by the Village Board to cover any damage that may be done to the hydrant, meter or any property of the Village of Washingtonville, which deposit shall be returned to the applicant without interest upon the satisfactory discontinuance of service. The Board may also require an additional deposit to guarantee the payment of the charges for water service.
The deposit for a temporary metered service connection from a fire hydrant shall be $250.
When water service to a customer has been terminated for any reason other than temporary vacancy of the premises, it will be renewed only after the conditions, circumstances or practices which caused the water service to be discontinued are corrected to the satisfaction of the Board and upon payment by the customer.
A customer shall be held liable for all water service furnished to such premises until such time as the customer properly notifies the Village Clerk or Superintendent of Public Works to discontinue the service for his account on a required form available from the Village Clerk. This form shall be given to the Village Clerk at least 72 hours in advance of such termination.
All applications for new street service connections or the replacement of existing street service connections in public streets shall be made as hereinbefore stipulated.
The size of the street service connection shall be determined by the Board and Superintendent of Public Works, on the basis of information given on the application of the customer. The minimum size for any street service hereinafter installed shall be 3/4 inch, with not less than a three-fourths-inch tap in the main.
All expenses attending the introduction of water from the main into any premises must be paid by the customer.
Taps in all mains having a cover of less than five feet shall be made on the side of the main.
The pipe for street service connections shall be soft copper tubing, type K for sizes not to exceed two inches and cast iron or such other kind of pipe as approved by the Board for sizes over two inches as will conform to the reasonable requirements of the Board in supplying adequate safe service.
Any plumbing work in connection with the waterworks system and the customers shall be done by persons acceptable to the Superintendent of Public Works or other duly authorized agent of the Board.
Taps in the street main shall be made under the inspection of the Superintendent of Public Works or other duly authorized agent of the Board. The Board or its authorized agent may at any time enter a building or upon premises where water is used from supply pipe and make necessary examinations.
The street service pipe from and including the corporation stop shall be furnished and installed by and at the expense and risk of the customer.
The curb stop and curb box and copper tubing will be furnished and installed by the applicant and under the inspection of the Superintendent of the Department of Public Works or other duly authorized agent of the Board. All the above shall become the property of the village.
The curb box shall be set between the curbline and property line on a level with the finished grade of the ground or sidewalk and as near the property line as practical or behind the property line, if new service, but not more than 10 feet behind. If the water main is in an easement, then the curb box shall be set within 10 feet of the easement line, outside of such easement.
The customer service pipe between the curb stop and the structures on the premises to be supplied shall be furnished and installed by the customer at his expense and risk. The pipe shall be of a size not smaller than 3/4 inch and shall be soft copper tubing, type K for up to a size of two inches and cast iron or such other kind of pipe as approved by the Board for sizes over two inches as will conform to the reasonable requirements of the Board in supplying adequate safe service. Requirements hereintofore stipulated regarding plumbers for installation work shall apply.
All customers' service pipes hereinafter shall be laid to provide a cover equal to that of the street service connections but in no case shall the cover be less than five feet. The service pipe shall be placed on a firm and continuous earth so as to give unyielding and permanent support and shall be installed in a trench at least 10 feet in a horizontal direction from any other trench wherein are laid gas pipe, sewer pipe or other facilities, public or private, unless otherwise specifically authorized and approved by the Board.
The customer shall install a shutoff valve on his service immediately adjacent to the house side of the meter and so located as to be readily accessible to the occupants.
The customer shall make all changes in his portion of the service pipe required on account of changes, grade relocation of mains or other causes.
No attachment to the service pipe or any branch therein shall be made between the meter and the water main.
Each premises shall be supplied through a separate street service connection, curb stop and box.
Any repairs or maintenance necessary on the customer's service pipe or on any pipe or fixture or upon the customer's premises shall be performed by the customer at his expense and risk. This excludes the street service connections and curb stop.
The customer shall notify the Board promptly of any leak, defect or damage affecting the service pipe between the curb stop and the point where metered.
The customer shall have an approved check valve or check valves installed between the water meter and any water softener and/or water conditioner installed on premises in the area to prevent flow of water in reverse direction towards the meter.
Plumbing work must be approved by the Superintendent of Public Works and/or Building Inspector and/or Village Engineer.
All plumbing work done on a customer's service pipes between the curb stop and the meter or on the street service connections shall be submitted for inspection of the above-mentioned authorized agents. No underground work shall be covered up until inspected and approved by the above-mentioned authorized agents.
No pipe or fixtures connected with the mains of the village shall also be connected with pipes or fixtures supplied with water from any other sources, unless specifically approved by the Department of Health of the State of New York and Village Board.
The owners of premises into which water is introduced by a service pipe shall be required to maintain in perfect order and repair, at the owner's expense, said service pipe and its fixtures and appurtenances, from the curb stop to and into the premises. All such repairs shall be done under the inspection and direction of the Superintendent of Public Works. It shall be the duty of the property owner to always keep the curb stop box in perfect repair and free from all foreign material.
Each separate building supplied with water must have its own separate connection directly with the main, except that two or more buildings, located on the same premises, which are owned by the same person, may, subject to the written application of the owner and consent of the Village Board, be supplied through the same connection, provided that the single ownership continues. Hereinafter, if the building or buildings on any premises to be supplied with water are not within a reasonable distance of the street line, then the meter on the service to be supplied shall be set near the street line at a point designated and in a manner approved by the Village Board.
The water supply to any premises shall not be turned off or turned on (except in case of emergency) at the curb stop except by an authorized agent of the Village Board.
When the water is turned off in a case of emergency, the Superintendent of Public Works must be notified within 24 hours thereafter. Upon failure to do so, the party or parties responsible for the act shall be liable for a penalty as set forth in § 169-28 for each offense; provided, however, that should the occupant of a building desiring to close said building for a limited period not to exceed three months, against which there is no charge for water rent, the occupant may, with the written consent of the Village Clerk, employ a competent plumber to shut the water off and turn the same on at the curb.
Excessive or unnecessary waste of water, whether caused by careless or by defective or leaky plumbing of fixtures, is prohibited. For disregard of a notice to abate any wastes of water or to repair a leaky fixture or pipe, the water will be shut off and not turned on again until the waste has been stopped or the leak fixed and the service charges paid for shutting off the service.
Extension of street mains within the limits of the corporation may be initiated by the Village Board of Trustees or by petition from abutting property owners.
No petition for the extension of a street main will be granted until the street has been legally opened and the street surface has been graded to the grade established and the street duly accepted by the Board of Trustees of the Village of Washingtonville, New York.
The Village Board reserves the right to refuse all petitions for extensions of mains where the estimated water rents will not warrant the cost of installation; but special arrangements may be made in some instances by the applicant agreeing to pay a fixed sum per annum until such time as the cost of the installation is paid for. This payment shall be in addition to the water use fee charged separately.
Property owners desiring to introduce water into premises along an unopened or ungraded street, highway or alley must make application to the Village Board of Trustees. In case a permit is granted, the Village Board will furnish explicit directions in detail in regard to the point and method of attachment to the street main, the position and depth which said service must occupy in the street, highway or alley and all the attachments and appurtenances which are required for the proper control and management of said services and the material of which it shall be composed, by and at the expense of the applicant, by whom all of the above directions must be carefully complied with. Maintenance and repair costs of these mains are the complete responsibility of the owner until legally accepted by the Board.
The water mains of the village (accepted by the village) are under the exclusive control of the Village Board of Trustees. No person other than employees or agents of the Village Board shall disturb, tap, change, obstruct access to or interfere with them in any way, unless approved by the Village Board.
The Mayor, or the Mayor's designee, shall have the discretion and authority to prohibit or limit water usage at any time the Mayor, or the Mayor's designee, determines in his discretion that such prohibition or limitation is protective of the village's public water supply or the public health, safety and welfare. Such prohibitions or limitations on water usage may be applied to outdoor use of water, use by residential properties, use by commercial and/or industrial properties, use by village properties, use by out-of-village properties, indoor use of water or any combination of the foregoing, including prohibitions or limitations based on any reasonable classification of properties or water usage, as determined by the Mayor.
Any such prohibition or limitation shall take effect upon declaration, written and signed by the Mayor or the Mayor's designee. Said declaration shall state the prohibitions or limitations upon usage of the village's water supply. The declaration shall become effective upon the posting of same in four public places within the village. The declaration shall also be published in the official newspaper of the village, but failure to publish same shall not affect the validity or enforcement of the declaration.
The prohibitions or limitations so declared shall have the force and effect of law and shall be enforced by the Village of Washingtonville Police Department and members of the Public Works Department, all of whom are authorized to issue and serve appearance tickets in connection with violations of the declaration. An appearance ticket shall be served personally, and a copy of the appearance ticket accompanied by an affidavit of service shall be delivered to the Justice Court Clerk prior to the appearance date.
Violation of water usage declaration.
Any person who violates a water usage declaration, or portion thereof, made pursuant to this section shall be subject to a penalty as set forth in § 169-28 of this chapter for each violation. Each hour that a violation occurs shall be deemed a separate and distinct violation of the water usage declaration and this chapter.
In addition to and not in lieu of the above, the Board of Trustees shall have the authority to terminate water service to any property after the fifth violation of a water usage declaration.
The Board of Trustees shall have the authority at any and all times to shut off the water supply or decrease or increase water pressure, without notice, for the purpose of extending, repairing or cleaning mains or appurtenances or for any other purpose. The Board of Trustees will endeavor to give timely notice to the consumer affected thereby and will attempt to prevent inconvenience and damage which may arise from any such action, but failure to do so shall not render the village responsible or liable for any inconvenience, injury or damage that may result therefrom or from any other cause.
Fire hydrants are provided for the primary purpose of furnishing water for extinguishing fires and are to be used only by the Fire Department of the village or by such persons as may be specially authorized by the Board.
Contractors, builders and others shall obtain from the Village Board a written permit before using any water for building purposes.
Plumbers or others, after completing the work on introducing the water in a property and testing the pipes and fixtures, shall turn water off at the curb stop, unless a meter has been set on the service and read by the village agent. On failure to do so, they shall pay a penalty as set forth in § 169-28 for each offense.
Any injury to service pipes, street mains, valves, hydrants or other fixtures, or damage or leakage occasioned thereby, shall be made good by either the person, corporation or company who is performing work or for whom the work is being done.
All water used on any premises or for any purpose whatever shall be metered. No bypass or connection shall be made or maintained unless covered by a meter. All water meters and reading devices shall be installed by the village at the expense of the owner.
The village shall install said meters and reading devices within 30 days of receipt of an application for such installation. The application fee for installation of a standard three-fourths-inch by five-eighths-inch meter and reading device shall be $500. The application fee for installation of a nonstandard meter shall be $750. This application fee is intended to cover the cost of parts, labor, inspection and administration.
All service lines shall be located in such a manner as to allow meters and reading devices to be easily installed, read and inspected. If service lines are not properly located or installed or if the plumbing facilities are otherwise unsuited for installation at the time the village representative arrives to install the meter, the owner shall be charged a visitation and inspection fee of $100.
All meters and reading devices shall be tested by the village before being set.
All water meters and reading devices shall remain the property of the village. Any damage such property may sustain due to the carelessness of the owner or his agents or tenants or due to their failure to properly protect and maintain said property, including damage caused by hot water, shall be corrected by the village at the expense of the owner.
At the written request of a consumer, the Village Board shall order a test to be made to the meter supplying the premises of said consumer. If the meter on test is found to be registering over 3% more water than actually passes through it, no charge will be made for the test; otherwise, a charge to be set by the Village Board to cover the cost of removing, testing and resetting the meter will be made. The fee for testing the meter shall be $20.
If the meter gets out of order and fails to register or if the testing of a meter shows that it fails to register correctly, the charge to the consumer for water may be made upon the basis of any previous consumption which may appear to the Village Board to be an equitable adjustment of the probable amount of water consumed.
Adjustments, if made, will be determined on the merits of each particular case, and any deduction made shall not establish a precedent for any ensuing claim.
Any owner or duly authorized agent wishing to discontinue the water service from premises temporarily vacant must give written notice thereof at the office of the Village Board and order the same turned off; otherwise, charges will be continued until such notice is given. For shutting off or turning on water, a charge to be set by the Village Board for each operation to cover cost of operation will be made. The fee for shutting off water shall be $25; the fee for turning on water shall be $25.
No claim for deduction owing to vacancy of any premises will be allowed for a period of less than three months.
Where a building is demolished and service is discontinued, the service line must be shut off at the main at the expense of the property owner.
Village Law § 11-1118 provides that the Village Board of Trustees shall establish a scale of rents for the use of water, to be called "water rents" and to be paid at such times as the Board may prescribe. Such water rents may be established and changed from time to time by resolution of the Board of Trustees. Such rents shall be a lien on the real property upon which the water is used, and such lien is prior and superior to every other lien or claim except the lien of an existing tax, and, in addition to the other remedies provided by law for nonpayment of water rents, the Board of Trustees may bring and maintain an action in the name of the village for the foreclosure of such liens for such water rents.
Charges for water during each billing period shall be in accordance with the schedule of water rents to be adopted by the Village Board:
Special rates. Water may be sold in quantity by special contract. The Village Board of Trustees reserves the right to make any special contracts for the use of water it may deem advisable.
Water rents shall be due and payable quarterly in February, May, August and November at the office of the Village Treasurer, during normal business hours, in accordance with the schedule of water rents established by resolution of the Board of Trustees. All bills must be paid in full within 30 days of the date of the bill.
Any customer who fails to pay its bill in full within said 30 days shall be assessed interest of 2% of the amount due per month or portion thereof that the bill remains unpaid.
In addition to the above, a penalty of 5% of the total amount due, including accumulated interest, shall be assessed as of February 1 of each year.
Such interest and penalty shall be deemed to be water rents.
In addition to the above, in the event that the owner of any premises supplied with water fails to pay water rents within 60 days after the same shall become due or fails to pay any fine or penalty herein provided within 10 days from the time the same is imposed, the Board of Trustees may cause the supply of water to such premises to be discontinued. The water supply shall not be restored to said premises until all water rents and other charges are paid in full, together with the cost of discontinuing and restoring said water supply, which cost shall be established by resolution of the Board of Trustees. Failure to receive water bills shall not be an excuse or defense to the owner's or customer's failure to timely pay the required water rents or to the imposition of any penalties herein.
No consumer will be allowed to furnish water to others or suffer the same to be taken for any purpose without receiving a special permit from the Board of Trustees. The penalty for violation of this rule is as set forth in § 169-28 for each offense.
Any person or persons violating any of the rules, regulations and requirements governing the introduction, supply and consumption of water for which no penalty has otherwise been provided for the distinct violation shall, upon conviction, forfeit and pay as a penalty for such violation a sum not to exceed $250 for each offense or be subject to imprisonment for not more than 15 days, or both.
Whenever any person or persons has incurred any fine or penalty under the provisions of these rules, regulations and requirements, it shall be held to mean the sum designated, together with the cost of prosecution, and the penalties and fines herein referred to shall be in addition to any civil remedy which the Village of Washingtonville, New York, might have in an action of law against the party or parties offending.
The Village Board of Trustees of the Village of Washingtonville, New York, expressly reserves the right at any time to alter, amend or make such addition to those rules, regulations and requirements as may be found essential for the more perfect protection of the public interests and the management of the Water Department.
The officers of the village and every person by them delegated for the purpose shall have free access at any time to all parts of the building, structure or premises where village water is being used or has been introduced.
The Village of Washingtonville shall not be held liable for failure to supply water to any customer on account of unforeseen or uncontrollable conditions, and further reserves the right to control the amount of water supplied in the event that the supply becomes short for any reason. It also reserves the right at any time it considers it necessary to prohibit and/or limit the use of water for sprinkling lawns or gardens, washing automobiles or any other purpose.
§ 169-31Legislative intent.
§ 169-32Backflow prevention devices required.
§ 169-33Upgrade of preexisting systems.
§ 169-34Determination of type of backflow protection device.
§ 169-35Testing; owner liability for costs.
§ 169-36Department of health requirements.
§ 169-37Penalties for offenses.
The purpose of this article is to safeguard the potable water supply from potential contamination by preventing backflow from a water user's system into the public water system and to comply with the requirements of the New York State Sanitary Code, Title 10 of the New York Codes, Rules and Regulations, Part 5, § 5-1.31. This is to be accomplished by:
Requiring 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;
Requiring the users of such connections to submit plans for the installation of protective devices to the Building Inspector and the Orange County Department of Health and/or New York State Department of Health for approval; and
Assuring that all protective devices be tested at least annually, records of which shall be submitted by the property owner to and maintained by the Building Inspector.
All nonresidential users of the public water system and all residential users of the public water system having auxiliary water supply, including but not limited to a private well, lawn sprinkler or irrigation system, shall be required to comply with this article.
Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the requirements of the Village of Washingtonville and the New York State Plumbing Code. For purposes of this article, a backflow prevention device is an approved air gap, reduced-pressure-zone device, double check valve assembly or equivalent protection device designed to prevent potential contamination of a public water system.
Backflow prevention devices conforming to the most current requirements of the New York State Department of Health and the Orange County Department of Health shall be installed by the owner of those systems pursuant to the rules of those Departments in force at the time of the installation.
A certificate of occupancy shall not be issued by the Building Inspector for new or modified/renovated/rehabilitated structure having a system classified by the Department of Health or determined by the Building Inspector as hazardous, unless a backflow prevention device has been installed and approved pursuant to this article and Department of Health requirements.
The cost to install a backflow prevention device shall be borne by the owner of the property.
The Village Building Inspector or designee shall make a determination as to whether a property owner requires a backflow prevention device and the type of device in accordance with this article and the New York State Department of Health and the Orange County Department of Health requirements and regulations.
Any preexisting system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this article and of the New York State Department of Health and the Orange County Department of Health within 120 days following the service of notice by certified mail to install said device.
The Building Inspector or designee shall determine the type of device required for each property and facility. In making this determination, the Building Inspector shall utilize the "Sample List of Facilities Requiring Backflow Prevention" prepared by the Department of Health and, if necessary, shall consult with the Orange County Department of Health.
Cross-connection control by facility type.
The types of facilities which shall require installation of an approved reduced-pressure-zone (RPZ) or air gap in the service connection to the public water distribution system include, but are not limited to:
Sewage and industrial wastewater treatment plants and pumping stations; sewer flushers.
Paper manufacturing or processing; dye plants; petroleum processing; printing plant; chemical manufacturing or processing; industrial fluid systems; steam generation; rubber processing; tanneries.
Canneries; breweries; food processing; milk processing; ice manufacturing; meat packers; poultry processing; rendering companies.
Hospitals; clinics; laboratories; veterinary hospitals; mortuaries; embalmers.
Metal-plating; photo-processing; laundries; commercial car washes; commercial refrigeration systems; dry-cleaning establishments.
Commercial greenhouses; spraying and irrigation systems using weedicides, herbicides; exterminators.
Boiler systems; cooling towers or internal firefighting systems using conditioners, inhibitors, corrosion control chemicals.
Residential units with lawn and irrigation systems with chemical injection.
The types of facilities which shall require installation of an approved double check valve in the service connection of the public water distribution system include, but are not limited to:
Customer fire protection loops; fire storage tanks with no chemical additives.
High-temperature potable water.
Utilization of food grade dyes.
Complex plumbing systems in commercial buildings, such as but not limited to beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites, carnivals.
Residential units with lawn and irrigation system.
The above lists are not all-inclusive. The type of backflow prevention device required for each facility shall be determined by the Building Inspector or designee as set forth above.
The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and the Orange County Department of Health. Test results shall be submitted to the Building Inspector.
The Building Inspector shall enforce this article and the cross-connection and backflow protection requirements, specification, guidelines and facilities classifications of the New York State Department of Health and the Orange County Department of Health. Specification, guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Building Inspector's office.
In addition to, and not in lieu of, any other penalty set forth in this chapter, any person who violates any provision of this article shall be subjected to a fine not to exceed $250 for each day the violation continues after notice by the Building Inspector. In addition, the service of water to any premises may be discontinued by the village if backflow prevention devices required by this article or regulations adopted pursuant thereto are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if an unprotected cross-connection exists on the premises, and water service shall not be restored until such condition or defect is corrected.