[HISTORY: Adopted by the Town Board of the Town of Lysander
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1960(Ch.
133, Art. I, of the 1989 Code)]
This article shall be known as the "Uniform Water District Ordinance
of the Town of Lysander, 1960." This article shall apply to all water
districts of the Town of Lysander, now or hereafter established, and
to the customers thereof. No water service connections or facilities
shall be made or installed except in conformity with the provisions
of this article.
A.
PREMISES
(1)
(2)
(3)
(4)
(5)
(6)
PRIVATE STREET
PUBLIC STREET
WATER DISTRICT
As used in this article, the following terms shall have the meanings
indicated:
A building under one roof, owned or leased by one customer and
occupied as one residence or one place of business.
A combination of buildings owned or leased by one customer,
in one common enclosure, occupied by one family or one corporation
or firm as a residence or place of business.
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.
A building owned or leased 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.
A building one or more stories high under one roof, owned or
leased by one customer, having an individual entrance for the ground
floor occupants and one for the occupants of the upper floors.
Garden apartments owned by one individual or firm and located
in one common enclosure.
Any street, avenue, road or way that is not for any highway
purpose under the jurisdiction of the Town of Lysander, the County
of Onondaga or the State of New York.
Any street, avenue, road or way that is for any highway purpose
under the jurisdiction of the Town of Lysander, the County of Onondaga
or the State of New York.
Such entity established pursuant to the provisions of Article
12 of the Town Law of the State of New York, and shall include water
districts, extensions thereof and laterals therein.
B.
The Town Board of the Town of Lysander shall at all times act for
and on behalf of the particular water district concerned with respect
to all applications, permits, waivers and violations. The Town Board,
by resolution, may appoint one of its members or other Town officer
to act in its place and stead with respect to applications and permits.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
All applications for the use of water must be made in writing on
forms provided by the Town Clerk of the Town of Lysander designated
"Application for Water Service." On acceptance by the Town Board of
the Town of Lysander acting for and in behalf of the water district
or its duly authorized agent, the application shall constitute a contract
between the water district and the applicant obligating the applicant
to pay the water district the established rates and to comply with
rules and regulations herein.
B.
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 mains to serve the premises.
C.
A separate application must be made for each "premises" as herein
defined. Submetering will not be permitted.
D.
Application of contractors, builders and others for temporary water
service will be accepted and temporary water service will be supplied,
provided that it does not interfere with the use of water for general
purposes. The quantity of water taken for such purposes shall be determined
either by meter or by estimate and paid for in accordance with the
rate schedule applicable to metered general purposes. Customers requiring
temporary water service shall reimburse the water district for all
its expenses in connection with providing the necessary temporary
service connections, and a deposit specified by the water district
will be required.
E.
No agreement will be entered into by the water district with any
applicant for service until all charges due from the applicant for
water or services at any premises, now or heretofore owned or occupied
by him, which are in arrears shall have been paid.
F.
Such applications for temporary water service must be made on the
forms furnished by the Town Clerk of the Town of Lysander.
G.
Service agreement.
(1)
When application for water service is made by a real estate developer,
a prospective owner or a prospective occupant of any property, said
real estate developer, prospective owner or prospective occupant shall
make a service agreement to guarantee payment to the water district
of the minimum charge, whether or not service is rendered for a period
of 1 1/2 years from the date that water service is made available
for use at the premises.
[Amended 3-2-1989 by L.L.
No. 3-1989]
(2)
Deposits will be refunded without interest as soon as a bona fide
owner occupies the premises, signs a contract for water service and
makes the required deposit to guarantee payment of the water bill.
A.
Service connection charges for water service. Upon written application for water service, as hereinbefore prescribed, by an owner or occupant of any property abutting on any public or private street and upon payment of the applicable charge for the size of service to be installed, as provided for in § 309-8, the water district will, at its expense, 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 both public and private streets. It is further provided that easements acceptable to the water district must be furnished at the applicant's expense, where necessary, for all water service installations. All service lines installed by the water district shall remain the property of the water district.
B.
Maintenance and replacement. The water district, at its expense,
will maintain and, when necessary, replace any service pipes and service
connections from the main to the curb shutoff on all public and private
streets. Service pipes 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 water district.
C.
Service on applicant's property. At his own expense, the applicant
shall 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. At the expense
of the customer, this property shall be maintained and, when necessary,
replaced. For this installation and maintenance thereof, the customer
shall employ a competent plumber, approved by the water district,
and all work shall be performed in a manner satisfactory to the water
district. 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 water 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 water
district's requirements, water service either will not be turned on
or will be discontinued if such defects are not remedied. No service
pipe will be installed by the water district until the service pipe
and service connections from the premises to the street have been
installed in a manner satisfactory to the water district.
D.
Service pipe specifications. All service pipes shall have a minimum
cover of 4 1/2 feet. No service pipes shall be less in size than
3/4 inch inside diameter. United States government specification Type
K soft tempered copper tubing shall be used on three-fourths-inch
and one-inch services. Byers galvanized pipe or Type K soft temper
copper shall be used on all services including 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 water district reserves
the right in all cases to stipulate the size and type of service connection
to be used.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Winter provisions. The water district shall not be required to install
any service lines or service connections between November 15 and April
15, except by special arrangement, in which case the customer shall
pay for the excess over normal costs.
F.
Easements. Applicants for service shall deliver without cost to the
water district, permanent easements or rights-of-way when necessary
for the installation and maintenance of the service lines and service
connections. The water district shall not be obligated to commence
any construction until applicants either have obtained for it satisfactory
easements or rights-of-way or have agreed to pay such costs as may
be incurred if, at their request, the water district obtains such
easements or rights-of-way, whenever these are required, from parties
who are not applicants for service.
G.
Delay. The water district shall not be compelled to proceed with
the installation of service lines and service connections under this
section when circumstances beyond the control of the water district
prohibit such construction. Said circumstances include but shall not
be limited to delays in delivery of materials, weather conditions,
strikes, acts of God and other factors beyond and without the control
of the water district.
A.
An individual meter shall be required for each premises and for each
separate water service connection to a premises.
B.
The meter will be furnished and connected by the water district at
the expense of the applicant. The water district reserves the right
in all cases to stipulate the size, type, make and location of the
meter to be used on any connection. Meters larger than two inches
shall be set at or near the property line or in a place designated
by the water district, and all expenses incurred by the water district
in connection with its proper housing, including bypass for testing,
if required, shall be reimbursed to the water district. All meters
1 1/2 inches or larger shall have a bypass for testing. In all
cases, irrespective of meter size, where the distance from the property
line to the front wall of the building is greater than 75 feet, the
water district may require that the meter be set at or near the property
line. When, due to special circumstances, it is necessary to set any
meter within the territorial limits of the public street, all expenses
incurred by the water district in connection with its proper housing
shall be reimbursed to the water district. The meter will be furnished
and connected by the water district without cost to the customer.
Meter housings located in public streets will be maintained and, when
necessary, replaced at the expense of the water district.
C.
All 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 customer will be held responsible for damages due to freezing,
hot water or other external causes. In case of damage, the water district
will repair the meter if necessary, replacing it with another meter,
and the costs shall be paid by the customer. The water district recommends
that the customer install, at his expense, suitable equipment properly
located to prevent backflow of hot water which may cause damage to
the meter or other damage to the customer's plumbing.
D.
The water district 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 water district upon the
request of the customer. 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 of flow within the normal test flow limits,
prior water bills will be adjusted for overregistration in accordance
with recommendations of the consulting engineer to the water district.
[Amended 3-2-1989 by L.L.
No. 3-1989]
E.
Meters larger than two inches in size shall be placed in specially
designed settings at or near the property line and will 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. In addition, any customer having a meter
larger than two inches who changes to a smaller meter and then back
to a larger meter within a period of one year will be billed for the
entire period at the rate applicable to the larger meter.
A.
All bills are payable in accordance with the terms of the applicable
service classification. For new services installed at any time during
the billing period, the minimum charge and the amount of water allowed
thereunder will be prorated according to the number of days remaining
to complete the billing period after the service has been made available.
B.
Meters will be read quarterly, bimonthly, monthly or semiannually,
and customers will be billed quarterly, bimonthly, monthly or semiannually
at the water district's option.
C.
The quantity recorded by the meter shall be considered the amount
of water passing through the meter, which amount shall be conclusive
on both the customer and the water district except when the meter
has been found to be registering inaccurately or has ceased to register.
In such cases, the quantity may be determined by the average registration
of the meter in a corresponding past period when in order or by the
average registration of the new meter, whichever method is representative,
in the water district's opinion, of the conditions existing during
the period in question.
D.
The customer shall notify the water district in writing of any change in occupancy. No adjustment of bills will be made by the water district as between owners or tenants unless 10 days' notice in writing prior to change of occupancy has been given to the water district. No rebate will be given for unoccupied premises unless notice of nonoccupancy is given as required in Subsection F hereunder.
E.
All water bills are due and payable when rendered. Payments made
after the 15th calendar day after the due date indicated on the statements
shall be considered late. Late payments shall bear a penalty of 10%
for payments made between the 15th day after the due date and the
45th day after the due date, and 20% for payments made between the
45th day following the due date and the 75th day following the due
date. In the event of a default in payment for more than 60 days after
the due date, water service shall be terminated without further notice,
and a shutoff charge shall be assessed by the water systems operator.
A like sum shall be assessed as a reinstatement charge for resumption
of service. Service shall not be restored until all charges and penalties
are paid in full.
[Amended 4-19-1993; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Any customer may discontinue water service by giving the water district
written notice not less than 10 days prior to the discontinuance,
and all liability for charges for service rendered after the discontinuance
of service, as herein provided for, shall cease. Upon discontinuance
of service, the water district will promptly refund to the customer
the pro rata amount of every advance payment for any service after
said discontinuance, said refund to be based upon the relation of
the period after the discontinuance of service to the entire period
for which said advance payment was made after deducting the proper
charge for any excess water consumed to the date of the discontinuance.
The above rules relative to discontinuance of service and refunds
of advance payments do not apply to private fire protection or water
service to real estate developers or prospective owners or prospective
occupants of premises abutting on public streets when such service
is the only one rendered to the customer requesting discontinuance
of service.
A.
Discontinuation of service.
(1)
Water service may be discontinued by the water district for any one
of the following reasons:
(a)
For use of water other than as represented in a customer's application
or through branch connections on the street side of the meter or place
reserved therefor.
(b)
For willful waste by the use of water through improper and imperfect
pipes or by any other means.
(c)
For molesting any service pipe, seal, meter or any other appliance
owned by the water district.
(d)
For nonpayment of bills for water or services rendered by the
water district.
(e)
For cross-connecting pipes carrying water supplied by the water
district with any other source of supply or with any apparatus which
may endanger the quality of the water district's water supply.
(f)
For refusal of reasonable access to the property for the purposes
of reading, repairing, testing or removing meters or inspecting water
piping and other fixtures.
(g)
For violation of this article.
(2)
Where two or more premises are now supplied with water through one
service pipe under the control of one curb stop, if any of the parties
so supplied shall violate any of the above rules, the water district
reserves the right to apply its shutoff regulations to the joint service
line, except that such action shall not be taken until the innocent
customer who is not in violation of the water district's rules has
been given reasonable opportunity to attach the service pipe leading
to his premises to a separately controlled service connection.
B.
When water service to any premises has been turned off upon the order
of the customer or for any of the above reasons, a ten-dollar shutoff
charge shall be assessed. When water service at any such premises
is again desired by the same customer, including seasonal customers,
shutoff charges shall be determined by the water system operator,
and for the restoration of service. If, however, by the willful acts
of the customer, it becomes necessary to shut off or disconnect the
service pipe at the water district's main, the charge to the customer
for shutting off service and for restoration of service will be the
actual cost incurred by the water district incident to the disconnection
and reconnection of the service pipe.
[Amended 4-19-1993; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
No person, except as specifically authorized by the water district, shall take water from any public fire hydrant for any use whatsoever other than for fire purposes. The use of public fire hydrants for washing streets or flushing sewers is not permitted except upon specific authorization from the water district; and, for such uses, the municipality or others will be billed at meter rates set forth in the rate schedule. The unauthorized use of water from any public fire hydrant shall constitute a violation of this article and subject the unauthorized user to the penalties of § 309-9. Additionally, if water is used from any public fire hydrant without specific authorization by the water district, the quantities so used will be estimated by the water district, and the user will be billed at the water rates set forth in the rate schedule.
[Amended 4-19-1993]
D.
In the interest of public health, the water district's mains or service
shall not be connected on any premises with any service pipe or piping
which is connected with any other source of water not approved by
the Department of Health of the State of New York, nor shall the water
district's mains or service pipes be connected in any way to any piping,
tank, vat or other apparatus which contains liquids, chemicals or
any other matter which may flow back into the water district's service
pipe or mains and consequently endanger the water supply.
E.
Upon receipt of an application for a new service or for the reinstatement
of an existing service, the water district will assume that the piping
and fixtures which the service will supply are in proper order to
receive same, and the water district will not be liable in any event
for any accident, breaks or leakage arising in any connection with
the supply of water or failure to supply same.
F.
The water district undertakes to use reasonable care and diligence
to provide a constant supply of water at reasonable pressure to customers
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. It is expressly agreed that the water district
shall not be liable for a deficiency or failure in the supply of water
or the pressure thereof for any cause whatsoever nor for any damage
caused thereby or by the bursting or breaking of any main or service
pipe or any attachment to the water district's property. All applicants
having installations upon their premises, depending upon the pressure
in the water district's pipes to keep them supplied, are cautioned
against danger of collapse, and all such damage shall be borne exclusively
by the applicant.
G.
All applications, contracts, agreements and any other forms required
in connection with this article shall be in the form and shall contain
such general conditions, provisions and terms as the Town of Lysander
shall approve. Copies of such forms shall be filed at the office of
the Town Clerk of the Town of Lysander.
H.
In those cases where a customer-owned main or service is frozen,
the thawing shall be done at the expense of the customer. To avoid
a recurrence of freezing, the water district may order an examination
of the customer's service pipe or main, and if the same is not at
a depth of 4 1/2 feet as required, the water district reserves
the right to require it to be so relocated before service is resumed.
I.
The water district reserves the right, in periods of drought or emergency,
to restrict the use of water for sprinkling purposes to the period
between the hours of 10:00 p.m. and 6:00 a.m. or to prohibit the use
entirely.
Classification of services rendered and facilities furnished
and rates and charges therefor shall be established and may be amended
or repealed by resolution of the Town Board of the Town of Lysander.
Nothing herein contained shall prevent the Town Board of the Town
of Lysander from establishing separate schedules of rates for separate
water districts.
[Amended 4-19-1993; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any violation of this article, or of any regulation or provision
hereof, shall constitute a violation and shall be punishable by a
fine not exceeding $350, or imprisonment not exceeding 15 days, or
both.
The Town Board reserves the right to change, modify, supplement
or amend these rules, regulations and ordinances and the rates and
charges for the use of water from time to time. The right is also
reserved to make such additional rules and regulations which to the
Town Board seem appropriate to promote the health, safety, morals
and welfare of the inhabitants of the Town of Lysander in order to
regulate the water supply and to promote the proper and efficient
administration of the water district and to make rates and/or contracts
for the use of water in special cases.
