[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 12-19-2016 by L.L. No. 4-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 77,
Water, which was comprised of Art. I, Water System, adopted 12-27-1937
by Ordinance IV, as amended; and Art. II, Control of Backflow and
Cross-Connections, adopted 10-1-1974 by L.L. No. 2-1974, as amended.
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall mean:
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a pool, tank, plumbing fixture or other device and the flood-level
rim of the receptacle. The vertical distance shall be not less than
two times the diameter of the supply pipe and never less than one
inch.
Accepted by the Board of Trustees of the Village of Bayville,
and by the Department of Health, where required, as meeting the applicable
specification stated or cited in these rules and regulations or as
suitable for the proposed use.
A combination check valve in the supply line and valve member
opening to atmosphere when the pressure in the water line drops to
atmospheric. It must be installed on the discharge side of the last
control valve and above the usage point. It cannot be used under continuous
pressure for periods exceeding 12 hours.
Any water source, other than the Village supply, which may
be available in the building or on the premises.
A condition whereby pressure higher than the water supply
pressure is created on the premises by pumps, thermal expansion from
boilers, etc., causing a reversal of flow into the water supply.
The flow of water or other liquids, mixtures or substances
from any source into pipes supplying potable water.
A device or means to prevent a backflow or backsiphonage.
The flowing back of used, contaminated or polluted water
from a plumbing fixture, vessel, swimming pool or other source into
a pipe supplying potable water and caused by a vacuum or partial vacuum
in the potable water piping. It may be caused by:
Ordinary gravity. When the water supply is lost and a fixture
that is elevated is opened allowing air into the system, water will,
by gravity, reverse the flow.
Undersized piping. High velocity water traveling through undersized
piping can cause an aspirator effect and draw water out of branch
pipes causing a partial vacuum and a reverse flow.
Vacuum. Caused by pumping water from the supply system, causing
a pressure drop or negative pressure in the supply or on the premises.
A break in the water main or excessive usage at a lower level in the
water system or on the premises can also be a cause.
A loop of water supply pipe rising approximately 35 feet,
at its topmost point, above the highest fixture it supplies.
A self-closing device which is designed to permit the flow
of fluids in one direction and to close if there is a reversal of
flow.
See "pollution."
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the
other contains water of unknown or questionable quality, steam, gases
or chemicals whereby there may be a flow from one system to the other.
Water available at a fixed flat rate, previous to or without
metering, for temporary use.
An assembly of two check valves and test tees designed to
open to permit the flow of water in one direction and to close automatically
if there is a reversal of flow.
Any pipe that carries wastewater or waterborne wastes in
a building drainage system.
Installed receptacles, devices or appliances supplied with
water or that receive or discharge liquids or liquid-borne wastes.
The edge of the receptacle from which water overflows.
Any conditions, devices or practices in the water supply
system and its operation which create, or in the judgment of the Board
of Water Commissioners, may create a danger to the health and well-being
of the water consumer. An example of a health hazard is a structural
defect in the water supply system, whether of location, design or
constructions, that regularly or occasionally may prevent satisfactory
purification of the water supply or cause it to be polluted from extraneous
sources.
Any arrangement of plumbing, including piping and fixtures,
whereby a cross-connection is created.
A combination check valve and atmospheric vacuum breaker
used on sill cocks, hose bibs, water outlets to boat docks or threaded
faucets where a portable hose may be attached.
A pressure vessel in which air pressure acts upon the surface
of the water contained within the vessel pressurizing the water distribution
piping connected to the vessel.
The open end of the water supply pipe through which the water
is discharged into the plumbing fixture.
That part of each parcel of real property which is not covered
or used by a building or structure or deck or driveway.
Water which is not safe for human consumption or which is
of questionable potability.
Includes his duly authorized agent or attorney, a purchaser,
devisee, fiduciary and any person having a vested or contingent interest
in the property in question the service area of the Water Department.
The water supply and distribution pipes, plumbing fixtures
and traps; soil waste and vent pipes; building drains and building
sanitary systems, including their respective connections, devices
and appurtenances within the property lines of the premises; and water-treating
or water-using equipment.
The introduction of any and all foreign substances, organic,
inorganic, radiological or biological, in the Village potable water
which tend to degrade its quality so as to constitute a nuisance,
a hazard or make the water unsafe for human consumption. Hazardous
pollutants or contaminants include sewage, lethal chemicals or other
substances which, if introduced into the public water supply system,
would or may endanger the health of the consumer. Nonhazardous substances
would not endanger the health of the consumer but would create a nuisance
if introduced into the public water supply system.
Any water which, according to federal and state-established
standards, is safe for human consumption.
Any building, structure, enclosure or locality to which water
is supplied or to be supplied, whether attached to realty or not and
further including boats.
A combination check valve in supply line and spring-loaded
valve member opening to atmosphere. It may be used under continuous
supply pressure and must be installed above the usage point. It cannot
be used if it may be subject to back-pressures.
"Quarterly" for water rents shall be the 15th of January,
15th of April, 15th of July, and 15th of October for each year.
An assembly of differential valves and check valves, including
an automatically opened spillage port to atmosphere, to prevent backflow
or backsiphonage.
Supply pipes, taps or other connections, pipes, curb boxes
and valves from the main to the valve beyond the meter, inclusive.
Any public or private street, highway, sidewalk, alley, avenue
or other public way or public grounds in the Village, including any
property leased by the Village or any easement granted to the Village.
The Supervisor of the Water Department of the Incorporated
Village of Bayville or person duly designated by the Board of Trustees
of the Village of Bayville.
The receiving, nonpressure vessel forming part of the air
gap separation between a potable and an auxiliary supply.
Any pressure less than that exerted by the atmosphere.
A vacuum breaker designed so as not to be subjected to static
line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
The Incorporated Village of Bayville.
The Board of Water Commissioners, the Supervisor of the Water
Department, employees of the Water Department, Village Clerk, and
any person duly designated to act on its behalf.
The rates fixed for water supplied or under demand and of
any expense in the performance of the functions required by this chapter.
No water shall be drawn from underground within the geographical
confines of the Village of Bayville except by the Incorporated Village
of Bayville. Private wells, cisterns or other similar sources of water
are prohibited.
A.
Forms. All applications for water service, for the use of water or
for any modification or repair of an existing installation shall be
made in writing to the Water Department by the owner of the premises
and must state all uses to which the water is to be applied.
B.
Compliance. The making of application for water service and the granting
of a permit therefor shall constitute an agreement by the owner to
comply with all the provisions of this chapter as well as all rules
and regulations promulgated by the Water Department.
C.
All applications for lawn sprinkler systems shall contain a plot
plan showing said sprinkler system with double check valves, types
of soil, plants, trees, lawn grass, clocks, heads, zone and gallons
of water per minute anticipated to be used.
D.
Applications for any water services shall specifically state which
licensed plumber or contractor is going to perform such work.
A.
No permit shall be granted under this chapter unless and until the
required street and sidewalk opening permits have been obtained in
accordance with the requirements of state, county, town, or Village
ordinances.
B.
Whenever any public or private street or road shall be so opened
for the purpose of making a connection or for laying any water pipe
or fixtures, before any permit shall be issued, the owner, contractor
or licensed plumber shall post with the Village Clerk a bond or cash
in a sum established from time to time, by a resolution of the Board
of Trustees of the Village of Bayville so as to ensure that such road
or street shall be returned substantially at least to its previous
condition.
All work performed under this chapter shall be done only by
plumbers and/or contractors duly licensed and bonded in accordance
with the provisions of Code of the Incorporated Village of Bayville
or employees supervised by them.
All work, both new and any modification performed under this
chapter, shall be inspected and completed to the satisfaction of the
Water Department.
Notification of change of ownership of any premises, property,
building, structure, enclosure or locality having a service connection
to a main shall be made to the office of the Village Clerk and or
the Water Department, with the name and address of the party to whom
such is conveyed, within 48 hours after the conveyance is delivered.
Any authorized agent of the Water Department, upon proper identification,
shall be permitted to enter upon the premises where there is a service
or supply pipe or pipes to make the necessary examinations or repairs.
The installation, connection or maintenance of a private water
supply or service line is the owner's obligation and shall be installed,
connected and maintained by the owner of the building or premises
serviced in conformity with the regulations as set forth in this chapter.
A.
Installations. Each service pipe, curb cock or box, tap, or tee that
is installed, connected, replaced or repaired shall be inspected and
approved by a duly authorized agent of the Water Department prior
to use. The location of any point of connection to the water system
shall be that designated by the Water Department.
B.
Discontinuance. Each service pipe, curb cock or box, tap, or tee
that is to be replaced or discontinued shall be inspected and approved
by a duly authorized agent of the Water Department at the time of
such replacement or discontinuance. The connection, tap or taps of
any service line which may be disconnected by reason of replacement,
repair, demolition or other cause shall be killed or disconnected
at the main at the owner's expense. Charges for water rents for the
old service will continue until the disconnection has been inspected
as required by this section. Temporary use of water through the old
service may be granted at water rents on file in the Village office
and shall be by a special agreement, in writing, with the Water Department.
C.
Private property. The installation, connection, replacement or repair
of any service line or part thereof within any private property line
is subject to inspection of each such change or alteration of said
service line.
D.
Notification. Notice of any proposed tap, connection or modification
of service from the main to the meter shall be served at the Water
Department no less than 48 hours in advance of any such tap, connection
or modification. Such notice shall be accompanied by tap or inspection
receipt. In case of emergency, the Water Department Supervisor or
an authorized agent may waive or delay this requirement.
E.
Street openings. All service work beyond the property line requires
a street opening or sidewalk permit as set forth in the Code of the
Incorporated Village of Bayville.[1] However, no restoration shall start until the limits of
restoration are established by the Village Building Department.
F.
Size and depth. All service lines shall have a four-foot cover using
the established street grade as a base. Separate taps shall require
a minimum street opening of five feet squared and shall be dug to
a depth of six inches below the water main. Openings made for multiple
taps or any other service shall be made in the dimensions and kept
clean as required by the Water Department. Any deviations from these
requirements shall be subject to a special ruling by the Water Department.
No Water Department employee shall do any work in an opening that
is hazardous.
G.
Size of taps. New and replacement taps shall be either 3/4 inch or one inch and multiples thereof as per the schedule in § 77-12. Connections two inches and larger shall be cut in with a three-valve cluster to allow for full shut down of the water service. The minimum service line for residential, commercial and industrial use shall be one inch. For residential use, the size of the tap or multiples thereof and the size of the service shall conform. Three-fourths-inch connections shall be provided to receive a three-fourths-inch meter. For business and industrial use, the size of the service and the size of the meter shall conform, except where headers for battery installation of meters are made or where expansion is anticipated. Battery settings of meters shall include horizontal headers, two gate valves for each meter and angle-type back pressure valves for all but one of the meters. All water service will require installation of a backflow device.
H.
Separate taps and services. There shall be a separate tap and service
for each building, except an accessory building, or premises. No service
shall be siamesed or otherwise connected to any other building or
premises. Each separate store or place of business in one building
shall have a separate tap and service. Any deviation is subject to
a special ruling by the Water Department.
I.
Multiple occupancy. Any building or premises having or designed to have multiple occupancy, be it industrial, business, residential or any combination of recognized uses, shall comply with Subsection H whenever practical and mechanically possible. Where, in the opinion of the Water Department, an exception is necessary and the capacity of the service line is adequate, more than one meter may be installed on a service line, one for each occupancy.
J.
Cross-connections.
(1)
It shall be unlawful to cross-connect any private source of water
supply or any liquid supply, source or storage with the piping, plumbing
or fixtures connected to the Village potable water supply. Where such
a condition is found to exist, the Village water supply will be disconnected
and service refused until such cross-connection has been removed or
the Village water supply has been protected by a device or devices
acceptable to the State Commissioner of Health. All expenses shall
be charged to the owner of the premises.
(2)
If the physical connection is subject to back pressure and a hazardous
substance involved, the Village water supply shall be protected by
an air gap or a reduced pressure principle backflow preventer. If
the physical connection is subject to back pressure and a nonhazardous
substance involved, a double-check valve assembly may be used.
(3)
If the physical connection is not subject to back pressure and a
hazardous substance involved, the Village water supply shall be protected
by an air gap or a reduced pressure principle backflow preventer.
If the physical connection is not subject to back pressure and a nonhazardous
substance involved, a double check valve assembly may be used. Only
devices acceptable to the State Commissioner of Health may be used.
K.
Service lines.
(1)
All service lines two inches in diameter and smaller are to be Type
K seamless copper tubing.
(2)
Service lines larger than two inches in diameter may be either in
copper, cast iron or ductile iron. No sweat joints, lead goosenecks
or galvanized connections shall be installed in any part of any water
service.
L.
Sanitary trench. Any water service line located in the same trench
as a sanitary line must be located above and to one side of the sanitary
line and at least 10 feet away from the sanitary line.
M.
Sleeved services. All services under concrete slabs, floors or other
solid material on the street side of the meter shall be sleeved.
N.
Curb stops. A curb valve, the same size as the service line, must
be installed on each service and be complete with curb box and cover.
Curb valves must have a full round way for straight through water
flow and conform to the American Water Works Association standards.
(1)
Curb valve fittings.
(a)
Curb valves one inch and smaller shall be fitted with a stationary
rod and enclosed in an extension-type two-piece curb box with the
upper section not less than 1 1/4 inches inside diameter, with
a heavy cast-iron top marked water, into which a brass bushing is
embedded and tapped for the cast-iron access plug.
(b)
Curb valves 1 1/2 inches and two inches shall be fitted
with a solid tee head and enclosed in an extension-type two-piece
curb box with a lock-type cover marked water and with the smaller
section not less than 2 1/2 inches inside diameter.
(c)
Curb valves three inches and larger shall be fitted with a two-inch
square operating nut and enclosed in a screw-type three-piece curb
box with a lock-type cover marked water and with the smallest section
not less than 5 1/4 inches inside diameter.
(2)
Curb valves two inches and smaller shall be brass or bronze of the
free turning plug- or ball-type. Plug valves shall have a straight
self-lubricated balanced plug with sufficient low friction washers
and O-rings to assure a permanent watertight seal. Ball valves shall
have a brass or bronze self-lubricated perfect sphere ball with rubber
seat ball support and two O-rings in the stem to assure a permanent
watertight seal.
(3)
Curb valves three inches and larger shall be cast-iron gate valves
with nonrising stem, bronze disc and two O-rings in the stem.
(4)
Curb valves shall be located approximately two feet inside the curbline
and five feet from any tree or pole with the top of the curb box and
cover at the established grade of the curb cut or the established
grade of the curb and sidewalk. No curb boxes are to be installed
in the concrete sidewalk without the approval of the Water Department.
Other locations must be approved by the Water Department.
O.
Underground sprinklers. Any underground sprinkler (irrigation) system
connected to the Village water system shall include a double-check
valve assembly, installed directly after the water meter, acceptable
to the State Commissioner of Health.
P.
Automatic fire sprinklers. The water available for any automatic
fire sprinkler system shall be supplied by a separate water service
from the water main not less than four inches in diameter and equipped
with a check valve. No antifreeze or foreign substances, either liquid
or dry, shall be introduced into the system except as specifically
provided by Section 5500, NFPA No. 13, of the National Fire Protection
Association recommendations, dated May, 1969, or later revision thereof.
The water service connection to the water main shall be cut in with
a three valve cluster allowing for full shut down of fire service.
Drawings showing and describing the automatic fire sprinkler system
and bearing the stamp of approval of the New York Fire Insurance Rating
Organization and/or the Factory Mutual Engineering Division shall
be filed with the Water Department prior to the cut-in.
Q.
Nonconforming. Any fire sprinkler system in use and not conforming to the requirements of this chapter shall be made so to conform within 60 days after notice by the Water Department. Failure to comply with the notice of the Water Department shall be a violation of this chapter, and any and all penalties under § 77-23 of this chapter are applicable.
R.
Backflow and backsiphonage devices. The Village potable water supply
system shall be protected against contamination from backflow and
backsiphonage by the owner of the premises by providing and maintaining
suitable devices acceptable to the State Commissioner of Health. Approved
devices may be installed at each outlet or cross-connection, which
threatens contamination from backflow, or an approved device, may
be installed in the water service adjacent to the water meter. The
owner of any existing water service or connection that threatens contamination
from backflow or backsiphonage shall install such device or devices
within 30 days after notice. All devices must be installed in an accessible
location and exposed to view for ease of inspecting and testing.
S.
Hose bibs. All hose bibs shall be protected from backflow or backsiphonage
by barometric loops, vacuum breakers, check valves and/or backsiphonage/backflow
preventers.
T.
Water outlets. Water outlets to boat docks, swimming pools, industrial
process or chemical lines, tanks or vats, pumps and/or steam lines
shall be protected from back pressure, backflow or backsiphonage by
air gaps and/or backsiphonage/backflow preventers. Potable water connections
to boiler feed water systems in which boiler water-conditioning chemicals
are introduced shall be made through an air gap or provided with a
reduced pressure principle backflow preventer assembly.
A.
Repairs. It shall be the owner's responsibility to repair and maintain
the entire line from the water main tap or connection into the building
or premises and to keep the service line protected from frost, heat,
leaks and breaks. Any defects must be promptly repaired or replaced
and the curb gate and/or valve must be kept in working order, free
of dirt or any other obstruction.
B.
Owner's failure to repair. If the owner fails to observe the maintenance
requirements of this chapter within 24 hours after notification by
the Village Clerk to the owner of the premises, the Village may shut
off or cause to have shut off the water supply, or it may repair or
replace or cause to have repaired or replaced the defective parts
of the service line. All costs shall be a charge against the premises
serviced.
A.
Charges for tapping for each service shall be established from time
to time, by a resolution of the Board of Trustees of the Village of
Bayville.
B.
All water available as a result of an installation of a firematic sprinkler system shall be used for firematic purposes only, and any use of this available water for other than firematic purposes shall be in violation of this chapter, and any and all penalties under § 77-23 of this chapter are applicable.
C.
Two-inch services and over shall be direct connection to Village
water main with a three-valve cluster to full control of the fire
service. Wet cuts are not allowed. Each is subject to inspection by
the Water Department at a charge established from time to time, by
a resolution of the Board of Trustees of the Village of Bayville.
All water services shall be metered by straight gallon register-type
meters as approved by the Board of Trustees of the Village of Bayville.
Upon notification by the Water Department, the owner of any premises
serviced with water and not metered shall, if required, make such
repairs or alterations to the plumbing and premises necessary for
the proper installation of a water meter.
A.
Cost. Meters shall be installed by the Water Department without charge
for meter or installation. Title to these shall remain in the Incorporated
Village of Bayville.
B.
Size. For residential installations (single-family dwellings), three-fourths-inch
fittings shall be provided to receive three-fourths-inch meter couplings
furnished by the Water Department. For multiple dwellings, business,
commercial and industrial installations, the size of the meter shall
conform to the size of the water service, except where headers for
battery installation of meters are made or where expansion is anticipated.
Battery settings of meters shall include horizontal headers, two gate
valves for each meter and back pressure valves for all but one of
the meters.
C.
Location. Meters shall be installed no higher than four feet from the floor and as near as possible to where the service enters the building. Passage to the meter should be at least five feet in height. Area surrounding the meter must be kept free of obstructions and should be of sufficient width to enable the Water Department representative to inspect, maintain and read the meter. Installation should be in the cellar or utility room. Installation in a crawl space, garage, except heated commercial garages, or under the floor is prohibited. Upon notice, the owner of any premises having a meter improperly located shall have said meter relocated in accordance with the requirements of this section. If such meter is not properly relocated within 10 days after the receipt of the notice, the owner shall be considered in violation of this chapter, and any and all penalties under § 77-23 of this chapter are applicable.
E.
Valves. Each meter shall be connected to any service line by meter
couplings or flanges to a shutoff valve on each side of the meter.
F.
Connections. There shall be no connection to the service line between the main and the meter. Connections discovered by the Water Department between the main and the meter shall be considered in violation of this chapter, and any and all penalties under § 77-23 of this chapter are applicable.
G.
Sub-metering. The sale or charge for water by any owner to any consumer
is prohibited.
H.
Pits. Outdoor meter pits may be installed, upon approval of the Water
Department, when inside location of a meter is shown to be mechanically
or practically impossible. Each pit for three-fourths-inch and one-inch
meters shall be of standard-type and material, a minimum of 20 inches
in diameter, 39 inches in depth and with standard cast-iron cover
and shall provide unobstructed access to the meter. Such meter shall
be located at least one foot above ground water level. Pit sizes for
all meters shall be subject to the approval of the Water Department
to provide adequate space for maintenance of the meter. Installations
and maintenance of all pits shall be at the expense of the owner.
I.
Licensed plumbers. All work performed under this section shall be
done by a plumber licensed by the Village of Bayville or by employees
under the plumber's supervision, except that actual installation of
meters shall be done by the Water Department.
J.
Seal. Upon installation, each meter shall be sealed by the Water Department. Thereafter, no seal shall be broken nor any meter removed without written permission from the Water Department or the owner shall be considered in violation of this chapter, and any and all penalties under § 77-23 of this chapter are applicable.
K.
Replacement. The Water Department shall replace all meters that have
been properly maintained and protected as called for in this Code.
Failure to protect said meter pursuant to this Code will result in
a meter replacement charge. This charge will be equal to any materials
and labor required to replace the damaged water meter.
L.
Winter storage. Meters may be winter stored with the Water Department.
Breaking of the seal and removal of the meter shall be by or under
the direction of the Water Department. The Water Department will seal
the meter after it has again been placed in service.
M.
Testing. All meters may be tested periodically by the Water Department,
and the Water Department may remove a meter at any time for such testing
and substitute another meter therefor either temporarily or permanently.
A.
Negligence. The owner of any premises wherein a meter has been installed
shall be responsible for the meter or for any damage to the meter
caused by carelessness, freezing, hot water, backflow intrusion, tampering,
theft or any other violation of this chapter. The cost for the repair
or replacement of a damaged meter or replacement of a stolen meter
shall be those established from time to time, by a resolution of the
Board of Trustees of the Village of Bayville and shall be charged
against the owner of the premises serviced.
B.
Repairs. Routine repairs of meters not resulting from carelessness
or negligence on the part of the owner of the premises shall be made
by the Water Department without charge.
A.
Rents. The rates payable for the water supplied by the municipal
water system to consumers within the Village and to those outside
its boundaries shall be designated as water rents and shall be those
established from time to time, by a resolution of the Board of Trustees
of the Village of Bayville.
B.
Commencing on January 15, 2017, there shall be imposed upon each
property owner in the Village a water tax based upon assessed value
of each parcel of real property, improved or unimproved, equal to
a value established from time to time, by a resolution of the Board
of Trustees of the Village of Bayville, which water tax shall be equivalent
to the imposition of a Village tax.
C.
Method of payment. All water rents are payable quarterly at the office
of the Village Clerk. Metered rents are payable at the end of each
quarter. Other charges are payable when bill is rendered.
D.
Minimum rent. The minimum rent shall be payable, though no water
be consumed, as long as the service remains connected with the Village
main.
E.
Failure to read. When a regular quarterly reading of a meter is not
available, each quarterly rent shall be billed as per similar calendar
quarterly reading of past year. Estimated bills may be used on new
accounts where no similar calendar quarterly bill is available. No
more than one regular quarterly reading shall be skipped or estimated,
except in the discretion of the office of the Village Clerk.
F.
Unauthorized use. When water has been used without authorization
or compliance with the terms of this chapter, bills shall be rendered
to the owner retroactive to the date when such unauthorized use began
as determined by the Water Department. Payment of such bills shall
not release the owner from penalties for such violation as established
from time to time, by a resolution of the Board of Trustees of the
Village of Bayville.
G.
Billing. The owner of premises connected to the Village Water System
shall be responsible for all bills for water rents, charges, penalties
and interest, and such bills shall be sent to each such owner as they
become due. Billing for demand water shall start on the date when
the tap or connection to the main is made. Meter billing shall start
when the meter is installed.
A.
One-family. The rent for temporary water supply for the construction
of each one-family building with accessory buildings and appurtenances
shall be at a rate established from time to time, by a resolution
of the Board of Trustees of the Village of Bayville.
B.
Other buildings. The rent for construction of other buildings with
their accessory buildings and appurtenances shall be established by
the Water Department using the estimated water usage of a similar
sized building of similar use.
C.
Accessories. The water supply for accessories and appurtenances constructed
on the same premises or for expansion of or addition to an existing
building at a later date may be by metered service already in use
on said premises.
D.
Expiration. The maximum period for an unused temporary permit shall
be one year, otherwise for the life of the building permit.
E.
Refund. Failure of the applicant to use water due to lack of construction
or any other reason shall not entitle the applicant to any refund.
F.
Payment. Payment for all temporary water supply shall be at the time
of the granting of the building permit and shall be made at the office
of the Village Clerk.
A.
Responsibility. Consumers of water serviced from Village mains to
buildings or premises outside the Village boundaries shall be subject
to all the terms and conditions of this chapter.
B.
Rents. Water rents to consumers outside the Village boundaries shall
be 20% greater than those paid by consumers within Village boundaries.
C.
Deposit. Applicants for use of water outside the Village boundaries
shall pay, to the office of the Village Clerk, for their own meter,
together with an estimated rent for a six-month period as determined
by the Water Department. This deposit may be used by the Village as
payment for any unpaid rent or other charge.
D.
Failure to maintain deposit. When a consumer outside the Village
boundaries whose deposit balance falls below 50% of the established
deposit amount, the Village Clerk shall, on the next quarterly bill,
reestablish the deposit estimated by the Water Department.
E.
Failure to make payment. When a consumer outside the Village boundaries
fails to make payments for two consecutive quarters, and does not
have any deposited funds remaining, may have their water service discontinued,
and the Village may place a lien against the property. Service will
not be reactivated until the consumer outside the Village boundary
makes full payment and reestablishes the six-month deposit.
A.
Location; time. Payment for water rents and other charges payable
to the Water Department shall be made at the office of the Village
Clerk during established business hours within 30 days of the rendition
of the bill. All bills, including those paid by mail, shall be considered
in arrears if not received in the Village Clerk's office within said
30 days.
B.
Penalty for charges remaining unpaid for 30 days after becoming due
and payable. To all rents and other charges remaining unpaid for 30
days after they become due and payable, there shall be a penalty established
from time to time, by a resolution of the Board of Trustees of the
Village of Bayville.
C.
Penalty for rents. Charges remaining unpaid as of the seventh day
of May will be added to the tax bill, there shall be additional penalty
as established from time to time, by a resolution of the Board of
Trustees of the Village of Bayville for said transfer.
A.
Attachment. All unpaid water rents with charges, penalties and interest,
as provided for by this chapter, shall be a lien on the real property
upon which or in connection with which water has been used, a service
line connected or work performed on the meter or service line for
such premises. All such liens shall be prior and superior to every
other lien or claim, except the lien of an existing tax levy and levied
against the real property in default.
B.
Date for lien. All amounts unpaid as of the seventh day of May for
water rents, with charges, penalties and interest for which bills
have been rendered prior to the seventh day of May, will become a
lien on and, after the seventh day of May, placed on the next tax
roll.
C.
Installment
payments. With respect to water facility charges, regardless of when
incurred, the Board of Trustees may, in lieu of including such charges
in the annual tax levy, enter into an agreement with the owner of
the affected real property for the installment payment of such water
facility charges, at an interest rate and under terms deemed appropriate
by the Board of Trustees, including reimbursement of any incidental
costs to the Village. If no agreement is made for such installment
payments or there is a default under any such agreement by the owner
of the affected real property, all amounts due regarding such water
facility charges shall remain a lien on the property to be included
in the next annual tax levy until paid in full.
[Added 2-27-2023 by L.L.
No. 4-2023]
A.
Waste. Unless in actual use, all outlets must be securely shut off.
The unnecessary waste of water is prohibited. Excessive lawn sprinkling
with water running in a street gutter shall be construed as a waste
and subject to a fine established from time to time, by a resolution
of the Board of Trustees of the Village of Bayville.
B.
Freedom of use. Each consumer shall have unrestricted reasonable use of water, without waste, for business and homes during the entire 24 hours of each day, subject to the provisions of Subsection C of this section.
C.
Emergency. If the Board of Trustees of the Village of Bayville, Board
of Water Commissioners, or the Water Department at any time determines
that an emergency exists threatening a shortage of the water supply,
they may prescribe emergency rules for the regulation and restriction
of the use of water. Such emergency rules shall have the full force
and effect of an ordinance duly adopted.
A.
Purpose. Fire hydrants are provided for fire protection only.
B.
Permit. No person, other than members of the Fire Department/Company
or Village employees or agents in the performance of their duty, shall
draw water from a Village hydrant unless a permit therefor has been
granted by the Village Clerk with the approval of the Water Department.
C.
Charge. The charge for any special permit for the use of any hydrant
shall be in accordance with its intended use as determined by the
Water Department. The minimum charge shall be established from time
to time, by a resolution of the Board of Trustees of the Village of
Bayville. The cost of repairing any damage caused to a hydrant by
such a user shall be paid to the Water Department by said user at
the office of the Village Clerk.
D.
Connections. No connection shall be made in hydrant outlets except
by valves or couplings which are readily detachable in an emergency.
The connection shall have a control valve, and all connections must
be detached immediately after use has ceased and always at the end
of the work day.
E.
Fire. Hydrants must be made immediately available to the Fire Department/Company
upon demand.
F.
Wrench. The wrench used on a fire hydrant shall be only of a design
approved by the Water Department.
G.
Freezing. No hydrant shall be used for any purpose other than that
of supplying water for firefighting when the temperature is below
32° F.
H.
Moving of hydrants. The moving of any hydrant by request of an owner
of a building or premises shall be by or under the supervision of
the Water Department and at the expense of the owner.
I.
Caps. Cap chains and caps must be protected against breakage and
loss, and caps must be replaced after every use of a hydrant.
J.
Damage. The cost of repairing any and all damage to a hydrant shall
be paid to the Water Department at the office of the Village Clerk,
whether such damage was caused by accident or intent. The Village
retains the right to render bills for repairs of fire hydrants caused
by motor vehicle accidents to the responsible parties.
K.
Obstruction of hydrant. No person shall obstruct any fire hydrant
or throw or pile snow, ice or other substances or materials in close
proximity thereto or otherwise obstruct the full vision and use thereof.
Substructures, trees, bushes and poles or other objects must be kept
at least 10 feet from any hydrant.
L.
Exception. Any exception or deviation from these rules and regulations
because of mechanical or practical difficulties may be permitted by
the Water Department.
A.
Penalty. Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine of not more than $500 or
imprisonment for not more than 15 days, or both.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Disconnections. For violation of any provision of this chapter, in
addition to the penalties generally applicable, the Water Department
is authorized to disconnect the service to the premises and to withhold
restoration of the service until the violation has been removed. The
cost of such action shall be charged against the premises.
C.
License revocation. The license of any duly licensed plumber or contractor
may be suspended or revoked for violation of this chapter.
Authority is vested in the Board of Water Commissioners or the
Water Department to make such further rules and regulations as it
deems necessary for the proper enforcement of the purposes of this
chapter, including emergency repairs.
