This chapter shall be known and may be cited as the "Water Service Local Law of the Village of Fonda, New York."
It is the intent of the Village of Fonda to continue to furnish an adequate supply of pure and wholesome water to the residences and business and industrial establishments in the Village of Fonda and its immediate vicinity and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in the Village from damage or destruction by fire and to permit the residents of the Village to have the protected rate of the fire rating organizations on their fire insurance for both their buildings and personal property.
This chapter is therefore enacted in order that the water supply system shall be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the Village limits.
As used in this chapter, the following terms shall have the meanings indicated:
- The owner of property or his or her agent applying for water service.
- BOARD OF TRUSTEES
- Duly elected Board of Trustees of the Village of Fonda.
- COMMERCIAL CONSUMER
- Any residential premises outside the Village of Fonda; and residential premises with more than three units; any mixed-use premises; or any other property owner, and to also include any and all buildings, structures, establishments, etc., in which the owner, lessee or occupant engages in a business, barter or trade, whether retail, wholesale or otherwise, and shall include but not be limited to stores, restaurants, laundromats and schools.
- The owner of real property receiving water services from the Department.
- DEPARTMENT OF PUBLIC WORKS
- The Village of Fonda Water Department, including all its personnel and staff; duly appointed Street and Water Commissioner, as head of the Village of Fonda Department of Public Works, appointed by the Mayor or, in his absence or incapacity, the Board of Trustees.
- INDUSTRIAL WATER USE
- Water used for fabrication, processing, washing, and cooling. Includes industries such as chemical and allied products, food, mining, paper and allied products, petroleum refining, and steel.
- Distribution and transmission pipelines located in streets, highway or public ways which are used to serve the general public.
- Duly elected Mayor of the Village of Fonda.
- Any person, firm, corporation, association or legal representative acting individually or jointly, including a transportation corporation.
- The integral property or area, including improvements thereon, to which water service is or will be provided.
- RESIDENTIAL CONSUMER
- Any residential premises within the Village of Fonda having three units or less.
- SERVICE AREA
- That area in which service is or will be furnished, as prescribed and approved by the Water Resources Commission, Conservation Department, State of New York, in a decision dated May 15, 1934, as the same may have been or may be amended from time to time. The sale of water by the Village to purchasers outside thereof is carried on under provisions of the Village Law.
- SERVICE CONNECTION
- The pipe, valves and other facilities by means of which water is conducted from distribution mains to the curb stop or curb shutoff valve.
- Village of Fonda.
- VILLAGE WATER SYSTEM
- The Village of Fonda Water System, including its production system.
This chapter shall be applicable to all property and water users within the Village, and the terms of this chapter shall be applicable to all water users outside of the Village as terms of a contract in accordance with which water is to be supplied to such outside users.
The rules and regulations set forth in this chapter shall be considered a part of the contract of any person who obtains water from the Village, and every such person shall be considered as having expressed his or her consent to be bound thereby.
For all properties located outside the Village which are supplied with water by the Village as individual users and not through a water district, all meters will be listed under the name of the property owner, and such owner will be required to deposit the sum as set forth in the schedule of fees, and such owner shall be responsible for payment of the cost of water used in connection with the premises. All such water shall be billed directly to the owner. A security deposit must accompany the water service application, returnable after one year of on-time payments. This deposit will be used to cover nonpayment of bills unpaid longer than 60 days and the water supply will be permanently disconnected.
Every person desiring a supply of water through the Village water mains must make application at the office of the Water Department for a service pipe and connection with the Village's mains.
Such application shall be made, in writing, upon blank forms furnished by the Water Department and must be signed by the owner of the property or his or her duly authorized agent and is heretofore considered a contract between the Village Board and applicant for permission to use water, as the application specifies, but for no other purpose, and when thereafter any other use of water, or additional service pipe or plumbing fixture or a discontinuance of any particular use is desired, a further application as aforesaid must be made and permit obtained.
Responsibility. All service connections with the Village mains and service pipes from said mains to approximately two feet back of the curbline, or gutter line where there is no curb, including the stop or curb cock or valve and box for the same, shall be put in and installed only by properly authorized employees of the Water Department acting under the direction of the Streets and Water Commissioner at the expense of the owner.
Costs. The owner of the property shall be charged the actual cost of all labor and materials entering into such service connections, plus a reasonable percentage for overhead and use of tools, including also the repaving and maintenance of the roadway until restored to a condition equal to the existing roadbed before the excavation was made.
Required depth. The owner receiving a permit for the introduction of a water service into his or her premises will be required to cause such service to be placed not less than four feet below the surface of the earth at any place between the water main and the street and the inside of the foundation wall of the building into which the water service is introduced.
Connection of service pipes to water main. All service pipes from the water main must be connected with the main by a separate pipe of not less than 3/4 inch in diameter.
Service pipes to be of copper material; exception. All service pipes must be of Type K copper material or equivalent, except service pipes of diameter of four inches or larger may be of ductile or cast-iron pipe.
All service pipes 25 years or older and not of Type K copper may be required to be replaced by the Village at the expense of the owner.
Permission will not be granted to supply two or more buildings or dwellings from a single tap except by special permit and in all cases separate and distinct stop-cocks for each tenant building or premises must be provided, located at the curb as in case of other supply from mains.
All house heating and other boilers shall be fitted with a suitable check valve to prevent accidents from collapse or damage in case the water is suddenly drawn from the main pipes, also all range boilers must be provided with a suitable vacuum or relief valve to prevent collapse or damage should water be drawn suddenly from the pipes.
Upon payment of an additional charge, two taps may be allowed in one excavation, provided that they shall be for service to one building. If service is desired for two separate buildings, the charge shall be the same as for two separate tappings, in accordance with the schedule.
The Street and Water Commissioner may authorize a different size or type of tap, in extraordinary cases, giving due regard for proper standards for the preservation of pressures and flow.
An additional fee will be charged where a tap is necessary requiring drilling or hydraulic ram. (See Article II for fees.)
No person shall make any connection with the curb cock or valve, or extend the same to the meter, located either at the curb or within the cellar, except an employee of the Water Department, acting under the direction of the Commissioner, a duly licensed plumber or a person having a special permit from the Water Department.
Owner's responsibility. The owner of property into which water is introduced by a service pipe shall be required to install and maintain, in perfect order, at his or her own expense, the service pipe from the principal main to the meter on or for his or her premises, including all fixtures therein provided for delivering or supplying water for any purpose.
Authority of Water Department. In case such service and fixtures are not so kept in repair, the Water Department may make all necessary repairs, and renewals, or parts thereof. The expense of such work, and all materials and labor required, shall be paid to the Village by the owner.
The plumber designated and employed by the owner of the premises shall be considered the agent of such owner while employed in the prosecution of the work of introducing water into said premises and not as the agent of the Water Department. The Village shall not be responsible for the acts of such plumber.
No person except a duly authorized employee of the Water Department shall open, close or in any way interfere with any valve or gate in any water main, conduit or street pipe.
Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key, or who has covered a valve box or manhole cover of a valve chamber with dirt, paving, plank or other material, shall immediately remove the obstruction or, if necessary, pay the Village for the cost of replacing the valve box.
Officers or employees of the Water Department, upon presentation of proper credentials, may enter upon any premises where Village water is being supplied or upon any premises when application is made for a permit to connect plumbing with the Village water main for the purpose of installing, reading, removing or repairing meters, or for inspecting the plumbing and fixtures of the water service, and all work in connection with such service.
Generally. The Water Department shall have the right to limit the amount of water furnished to any consumer should circumstances deem to warrant such action, although no limit may be stated in the application or permit for use, or the Water Department may entirely shut off the water supply used for any manufacturing purpose, or for furnishing power, or for lawn sprinkling, at any time, by giving reasonable notice to the consumer of such intended action.
Repairs; new work. In the case of making or constructing new work, in making repairs or leakage tests, the right is reserved to shut off the water from any consumer, without notice, for as long a period as may be necessary.
Neither the Water Department nor the Village shall be liable for any damage which may result to any person or premises from shutting off the water from any main or service, for any purpose whatever, even in cases where no notice is given.
The Water Department shall not be liable for any damage or loss of any name or kind, to property or persons, which may arise from, or be caused by, any change, either increase or decrease, in pressure of water supplied from any cause whatever.
Notice to Department. Customers making any material change in the size, character or extent of the equipment or operation utilizing water service or whose change in operation results in a large increase or decrease in the use of water shall immediately give the Department written notice of the nature of the change and, if necessary, amend the application.
Costs. The owner will be responsible for cost of any change of installations brought about by such change in demand.
No person shall open any fire hydrant or draw water therefrom except under the direction of the Water Department or in case of fire, upon notification to the Water Department by the Town of Mohawk Fire Chief, his assistants, officers and members of said Department appointed by him for that purpose.
The Water Department must be notified in advance for cleaning engines or hoses, Department materials, or making trials of engines or hose of the Department, the Town of Mohawk Fire Chief, his assistants, officers and members of said Department appointed by him, and in no case will an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, plug or fixture.
Use of hydrants fees. The Board of Trustees does hereby establish the following scale of rents for the use of hydrants as follows:
For construction-related use of the hydrant, the user shall pay an application fee, a meter rental fee, and a meter deposit. The meter deposit shall be refunded upon the return of the meter in good working order. The rate for water used shall be as prescribed in the schedule of fees with a minimum charge for each independent use.
For nonconstruction-related use of the hydrant, the user shall pay an application fee, a meter rental fee, and a meter deposit. The meter deposit shall be refunded upon the return of the meter in good working order. The rate for water used shall be as prescribed in the schedule of fees with a minimum charge for each independent use.
For use of hydrants for putting out fires by any Fire Department: they shall be exempt from any and all fees.
For all non-fire extinguishing use of hydrants by the Town of Mohawk Fire District Department (i.e., filling swimming pools with treated water) the user shall be exempt from an application fee and meter deposit. For the privilege of use of hydrants that deliver treated water for all non-fire extinguishing use of hydrants the minimum charge as determined by the annual adoption of schedule of fees shall be billed and payable within 30 days.
Number of Gallons
Rate Per 1,000 Gallons
First 1,000 to 250,000
250,001 to 500,000
500,001 and above