[HISTORY: Adopted by the Board of Trustees of the Village of Clinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-1990 by L.L. No. 4-1990]
A. 
The following rules and regulations as established by the Board of Trustees of the Village of Clinton, NY, or as hereinafter amended or modified, are hereby made a part of any and all agreements, or contracts, with each consumer, taker or user of water furnished directly, or indirectly, from the mains of said Village.
B. 
Each and every consumer, user or taker of water from the Village water system shall be in all respects bound by, and shall be considered to have agreed to the rules, regulations, requirements and schedules of water rates and other charges as hereinafter set forth, or amended, or modified by the Board of Trustees as a condition precedent to the rights of service from said water system.
C. 
All premises using the village water supply must be charged with an adequate meter approved by the Superintendent of Public Works.
D. 
All monies received by the Clinton Water Fund on behalf of the Clinton Water Department shall be deposited forthwith in such banks or trust companies as the Village Board may from time to time direct.
E. 
Claims and charges against the Clinton Water Fund shall be audited and paid in the same manner as the Village charges.
F. 
In a qualified water district receiving water from the Water Department, all maintenance cost connected with the water mains shall be borne by the district in accordance with the water contract between the Village and district.
G. 
If no district exists, the same water main costs as borne by a district shall be billed, pro rata, at the next billing period, among the users of that segment of the water main affected.
[Amended 6-22-1994 by L.L. No. 3-1994]
A. 
Permanent connections inside Village boundaries.
(1) 
Those desirous of making permanent connections to the mains of the water system of the Village shall make application for permission thereof to the Village upon a proper form furnished by the Village for such purpose, which shall be signed by the owner, or a duly authorized agent, and acted upon by the Village Board.
(2) 
Within the boundaries of the Village, the Village shall install and maintain the water lines from the main to the curb stop.
(3) 
A service clamp, corporation stop, curb stop, and curb box is required on every service line and must be of a design and kind approved by Village of Clinton.
(4) 
Within its boundaries, the Village shall assume the responsibility for the maintenance of the service lines from the water main to the curb box. The balance of the line shall be the responsibility of the owner.
B. 
Permanent connections outside Village boundaries.
(1) 
Those desirous of making permanent connections to the mains of the water system of the Village to premises located outside Village boundaries shall make application for permission thereof to the Village upon a proper form furnished by the Village for such purpose, which shall be signed by the owner, or a duly authorized agent, and acted upon by the Village Board.
(2) 
All costs associated with the installation and maintenance of water lines outside the boundaries of the Village shall be assumed by the owner, including the maintenance of the service line from the water main to the meter.
(3) 
A service clamp, corporation stop, curb stop, and curb box is required on every service line and must be of a design and kind approved by Village of Clinton.
(4) 
The rules and regulations contained herein shall be read in conjunction with all applicable state, county, town and/or other local laws, including Chapter 43 of the Town Code for the Town of Kirkland, entitled "Capital Improvement Projects."
(5) 
The Superintendent of Public Works for the Village of Clinton shall not authorize connection to the water system of the Village until receipt by the Village of verification of compliance with all applicable state, county, town and/or other local laws, particularly Chapter 43 of the Town Code for the Town of Kirkland, in a form acceptable to the Village.
A. 
No person or persons shall make any connections to the mains of the water system of said Village except the duly authorized representatives of the Village of Clinton, nor shall any person make any alterations or additions in and about water pipes other than on the consumer's side of the meter unless a written permit shall have been given by the Village upon written application thereof. Any person who shall violate any provision of this subsection shall be guilty of a violation punishable as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Tapping of the water main (up to one inch) can be done by Village employees. Charges are defined in § 244-34. Larger taps must be contracted for by property owner.
A. 
The installation of the service pipe from the curb box to the meter shall be performed to the satisfaction of the Superintendent of Public Works, or his representative. The curb stop shall remain closed and shall not be opened by anyone other than the Superintendent of Public Works or his agent.
B. 
All materials used, the method and manner of placing same, and the general arrangement and progress of the work shall conform to the specifications hereinafter set forth in this article.
C. 
No work shall be performed until after the owner, or applicant, has obtained the necessary street opening permit from the proper authorities: State of New York, Oneida County, Town of Kirkland and Village of Clinton.
A separate tap and service shall be installed for each premises located on a street in which there is a Village water main and no connection will be allowed to supply water to another person or premises except with the written permission of the Board of Trustees of the Village of Clinton to install other or additional taps and services. When the word "premises" is used herein it shall be taken to designate:
A. 
A building under one roof owned or leased by one person or occupied as a residence or for business or commercial purposes.
B. 
Each premises having its own frontage upon a street upon which there is a water main shall have its own individual service; excepting, however, that in all cases where only one or two or more buildings in the same lot have frontage on the street upon which there is a water main, the buildings which do not have a water service may connect onto the water line of the building having such a service, provided that when such connection is made, due notice is given to the party so connecting to the Superintendent of Public Works of said Village before any water is drawn from the connection so that the Superintendent may place a separate meter for each building using water under such conditions. Any person who shall violate any provision of this section shall be guilty of a violation punishable as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The minimum size service pipe to be installed shall have a diameter of 3/4 of an inch and in making an application the applicant shall state the size of the service desired.
B. 
No connection of any kind shall be made to the service pipe between the main and the meter.
C. 
Where an application is made for a connection for which existing service pipe is provided to the curb box only, all work shall be performed in accordance with these rules and regulations and specifications, as far as they are applicable, the connections shall be made at the curb stop instead of at the main. It shall be the duty of the applicant or his agent to determine that the portion of the connection previously installed is in satisfactory condition and make any repairs thereto which may be required by the Village Superintendent of Public Works, or his representative, all of which shall be at the expense of the applicant. Detailed methods of connection to the existing service pipe shall be in accordance with the instructions of the Superintendent of Public Works or his representative.
D. 
Where an application is made to increase the size of the service pipe, or for any other change to be made in the said pipe which serves any consumer, the corporation cock controlling such service must be closed at the main prior to any withdrawal of water through the reconstructed service pipe.
E. 
Service pipes shall be laid a minimum of four feet below the surface of the ground at all points.
F. 
The curb box shall be installed between the sidewalk space and the curbline, and within 25 feet of the center of the road.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No pipes or fixtures connected with the mains of the Village shall also be connected with pipes or fixtures supplied with water from any other sources. (No cross-connections.) The Village shall deny water service to violators.
Where a new connection is made with a street main, and a service pipe laid, the curb stop shall be closed, after testing of the line, by the person making the connection. Notice of the completion of the installation shall be given to the Village Clerk and the curb stop shall not again be opened until the work has been inspected and approved by the Village Superintendent or his agent, and the meter read. Pipes and connections between the main and meter shall not be covered until so inspected and approved by the Village Superintendent or his agent. There is no charge for turning on water for new service lines.
Those desiring the use of water for temporary purposes other than from temporary connections to the main shall make application therefore to the Village of Clinton setting forth in detail the reason therefor and the exact use which is to be made of the water, and the Village of Clinton may issue the necessary permit under such terms and conditions as it may determine.
A. 
Service pipes and fittings, service clamps, corporation stops, curb stops, curb box, and meter settings shall conform to such standards and shall be of such make and type as the Village Board shall adopt and shall be of such size as the Superintendent of Public Works deems proper.
B. 
The minimum size for any service hereafter installed shall, however, be 3/4 inch. Service pipes from the water main to the meter less than 1 1/2 inches in diameter shall be of pure, seamless, soft tempered copper tubing with bronze fittings. Larger pipes may be of cast iron or ductile iron. The brass tubing shall be of the following thickness:
Nominal Pipe Size
(inches)
Outside Diameter of Tubing
(inches)
Type
3/4
7/8
K
1
1 1/8
K
1 1/4
1 3/8
K
1 1/2
1 5/8
K
A. 
Except in cases of fire, no person or persons shall take water from the fire hydrants of said Village for any purpose whatsoever without having obtained a special permit from the Village of Clinton which permit shall be conditioned in accordance with the circumstances involved at the discretion of the Village of Clinton and, in case of fire, said fire hydrants shall be opened and water taken therefrom only by Village employees or active members of the Fire Department. Any person who shall violate any provision of this subsection shall be guilty of a violation punishable by a fine as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All hydrants on water lines outside the Village will be charged yearly water rental as defined in § 244-34.
C. 
No work shall be performed upon the Village mains or upon the services connected thereto between the main and the curb stop except by employees or agents of the Village of Clinton.
D. 
The Clinton Water Department assumes no responsibility for maintenance of any water mains outside the corporation limits except those owned by the Village.
E. 
The customer is required to notify the Superintendent of Public Works of any leak occurring in, or damage to, the service line in which case the water will be turned off at the curb stop and remain turned off until the leak is repaired or the damage repaired to the satisfaction of the Superintendent of Public Works. All repairs to the service line between the curb stop and the water meter shall be made by the consumer at his own cost and expense. The repairs to the service line between the main and the curb stop shall be made by the Village of Clinton, if consumer resides within the Village.
F. 
In case it is desired to abandon a service, the Village of Clinton shall be notified and the service will be disconnected at the meter.
G. 
The Superintendent of Public Works of the Village of Clinton shall have control of the installation, maintenance, repair and adjustment of taps, mains, curb boxes, service pipes and meters. The Village of Clinton shall not be responsible for breaks, obstructions or intermission in service arising from any cause whatsoever except that they may take such steps as are reasonable upon proper notification to make such repairs as may be necessary to restore service from the main to the curb stop. Charges for such repairs are to be made in accordance with § 244-34.
H. 
Service shall be controlled at the curb stop and water will be charged for as long as the curb stop is open. The water shall be turned off and on only by employees of the Village of Clinton or their duly authorized representatives and only upon filing proper notice with said Village of Clinton. Violations of this rule shall be sufficient cause for discontinuing the service, and any person who shall violate this subsection shall be guilty of a violation punishable by a fine as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
The Village of Clinton shall not be liable for any damage which may result to customers' pipes, appliances or other fixtures from the shutting off of water mains, or service pipes, for any purpose whatsoever, whether previous notice has been given or not. No deduction from the service charge will be made for periods when the service is shut off. In cases where coils, or other devices, are installed in heating furnaces or separate heating devices for the purpose of providing domestic hot water, approved check and relief valves must be installed at the expense of the owner but also at his peril. The Village of Clinton assumes no responsibility for the proper operation and function of said valves.
J. 
In cases where boilers or other special equipment are supplied with water, a suitable valve or other device must be installed at the expense and peril of the consumer to prevent collapse or explosion in case the water is shut off in the street mains.
K. 
The Village of Clinton shall not be held liable for any damage sustained by reason of its failure to supply water to any owner at any time or for any cause; and it reserves the right to control the amount of water supplied in the event that the supply becomes short for any reason. It especially reserves the right at any time it is considered necessary to prohibit the use of water for sprinkling of lawns, gardens, or for any other purpose.
L. 
The Village of Clinton shall be the sole judge as to the meaning of these rules and regulations. Its interpretation shall be final and binding upon all applicants for water service and upon all takers and users of water.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Five-eighths-inch, three-fourths-inch, and one-inch meters are to be used within the Village of Clinton and will be furnished by the Village at Village expense. Any meter over that size must be purchased and maintained by the property owner. This applies to outside Village limits as well. In addition, outside areas or districts' users will also be loaned meters, but will be charged a hookup charge equal to the cost of a new meter, and the meter will remain the property of the Village of Clinton. The foregoing shall apply to all meters outside the Village of Clinton where service is extended by the Village of Clinton. All meters shall be of such make and type as from time to time may be approved by the Village Board and shall be procured from the Village unless authorized otherwise by the Village Board.
A. 
The Village of Clinton will supply but one meter to a premise. The cost of any additional meters must be borne by the property owner and must be of a size and kind approved by the Village; ownership will be vested with the Village.
B. 
In an apartment complex, the owner will provide a master meter and is responsible for payment of water services for entire complex.
C. 
In the case of a developer who wishes to purchase his own meters, they must be of a size and kind approved by the Village Board, and the title to same must be transferred to the Clinton Water Works by said developer. Larger meters must be supplied and maintained by the property owner.
A. 
Meters shall be of the size determined by the requirements of each particular installation and shall be adequate for delivering and measuring accurately the peak loads which they may be required to handle.
B. 
In the case of installations having service pipes larger than 3/4 inch, 5/8 inch, or one inch, requirements of § 244-12A will usually be deemed to have been met when the meter is of the same size as the service pipe.
C. 
Where the service pipe is larger than 3/4 inch a meter of smaller size than the service pipe may not be used.
D. 
In all other cases which are not specifically covered by § 244-12, the judgement and discretion of the Superintendent of Public Works of the Village of Clinton is final and binding.
The service connection and the plumbing in the building to be served shall be so arranged that the meter can be placed in a horizontal position not more than three feet from the portion which the service enters the building. It shall be set with the register on top and shall be so located as to be readily accessible at all times for reading, inspecting and/or for repairs. There shall be installed by the owner a suitable stop and waste valve between the point where the service enters the building and the meter. There shall be no service connection before the meter. Provision must be made by owner to prevent any hot water from reaching the meter.
Employees or agents of the Village of Clinton may enter the premises of the consumer at any reasonable time to examine the meter and its connections, and to determine the quantity of water used and the method and manner of its use. The hours between 9:00 a.m. and 4:00 p.m. shall be considered reasonable hours for this purpose.
A. 
Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair due to natural wear and tear, notice thereof shall be given to the Village Clerk. Another meter will then be loaned and installed during the time required for testing and repair. If meter is found to be faulty, the Village will replace the meter at no cost to the consumer.
B. 
If meter is found to be sabotaged, then all costs of meter repair and/or replacement of said sabotaged meter shall be borne by the property owner.
C. 
If a meter is found to be frozen, then property owner is charged a fee (refer to § 244-34) for repair and/or replacement of meter.
D. 
If a meter is out of order and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order from the four previous readings.
E. 
At the written request of a consumer, the Water Department will test the meter supplying the premises of said consumer. If the meter on test is found to be registering over 3% more or less water than actually passes through it, no charge will be made for the test; otherwise a charge as defined in § 244-34 to cover the cost of removing, testing and resetting the meter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No seal placed by the Water Department for the protection of any meter, valve or other water connection shall be tampered with or defaced. If the seal is broken, the Village reserves the right to remove and test the meter at the customer's expense. Any person found guilty of such a violation shall be guilty of a violation punishable by a fine as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
B. 
Whenever a seal on a water meter shall be found to be broken, it shall be presumptive evidence that it was broken by the owner or occupant of the premises in which it is located. Any person violating the provisions of this section shall be guilty of a violation punishable by a fine as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
At the written request of a consumer, the Water Department will test the meter supplying the premises of said consumer. If the meter on testing is found to be registering over 3% more or less water than actually passes through it, no charges will be made for the test. If not, then a charge as defined in § 244-34 will be made.
When bills are desired by the consumer at other than regularly specified times, a bill will be given after the receipt of a written request.
A. 
Should it be desired by the consumer to discontinue the use of water, the Village of Clinton shall be notified, in writing, as to the desired time and place at which the service is to be disconnected. The Board shall require the Superintendent of Public Works or his representative to shut off the service at the curb stop. When it is desired to resume service, similar notification shall be given to the Village of Clinton and, upon payment of indebtedness, the Superintendent of Public Works or his representative will turn on or off the water at the curb stop. The charge made for turning on or off the water shall be found in § 244-34.
B. 
Notice in writing for discontinuance of water service should be made to the Village Clerk at least 10 days before the regular billing date. Otherwise the consumer shall be liable for the minimum charge for the following billing period and any damage resulting from freezing, etc. Refer to § 244-34.
The charges for water, etc., shall be established by the Village Board. Schedule of such charges is on file at the office of the Village Clerk.
A. 
Bills for water service shall become due and payable, in full, 30 days after issuance, at the discretion of the Village Board, and shall be payable to the Village Clerk of the Village of Clinton, or the duly appointed collector at such site as designated by the Village Board.
B. 
Bills for water service, penalties, etc., will be rendered to the owner of record.
C. 
If such bills are not paid within 30 days of the due date, a penalty as defined in § 244-34 will apply and water will be turned off until such bill is paid in full.
These charges shall be a lien upon the real property of the user, or the district in which the user resides.
No street or public place shall be opened by any person for the purpose of making a connection with the mains or for the laying of water pipes or fixtures. The applicant shall have proper regard for public safety and convenience and said street shall be restored to its original condition as soon as practicable. Open trenches shall be guarded with barricades and warning lights or flares shall be displayed at night.
A. 
If a building housing a meter is to be demolished or becomes unoccupied, notice thereof shall be given to the Village in order that a Village employee may read the meter and close the curb stop.
B. 
Where such notice is not given and pipes burst from freezing or other causes, the Village shall be held blameless for any damage resulting from such freezing.
C. 
The value of water lost by reason thereof, as estimated by the Superintendent or Public Works, together with the additional sum defined in § 244-34 to cover labor and expense to the Village, shall be added to the next water bill; it is to be paid in like manner as regular water charges.
A. 
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the consumer shall promptly lower his service pipe to conform to the new ground elevation.
B. 
In the event that the consumer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed and a charge defined in § 244-34 will be made to cover the labor and expense by the Village as a result of the consumer's failure to comply.
In a transfer of ownership, the seller must notify the Village as to the closing date of the sale. At that time a Village employee will read the water meter and the seller will be rendered a water bill to be a part of the title search. Seller is responsible for his/her water bill, pro rata, on date set for closing. There will be a charge as defined in § 244-34.
[Amended 6-22-1994 by L.L. No. 3-1994]
A. 
Special purposes. Water required for special purposes, including use for building construction, may be furnished by the Village, at the discretion of the Village Board and subject to conditions of service water rates and charges established by said Board at that time; application in writing must be submitted to the Village Board for any such request for service.
B. 
Fillings of pools/hot tubs/Jacuzzis/ice rinks.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Residential consumers may fill pools, hot tubs, Jacuzzis, ice rinks and other similar containers located on their residential property without prior notification to the Village. All charges shall be metered through the residential meter and included in the semiannual billing.
(2) 
There will be no separate readings and no deductions from sewer usage.
A. 
In all places where such devices as, but not limited to, steam boilers, hot water tanks, freezers, etc., are supplied with water from the Village water system, the owner or customer must install a check valve on the service line. This is to prevent a backflow into the Village water system and a suitable safety valve, vacuum valve, or other proper device, to prevent damage from collapse or explosion when water is shut off.
The Village shall not be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change, diminution in, or increase of the water pressure from any cause whatever or the quality of same.
A. 
The Superintendent of Public Works may discontinue water service and shut off the supply and remove the meter from any premises the owner or occupant of which has failed to comply with the provisions of this article after providing at least 15 days advance written notice thereof.
[Amended 1-12-1998 by L.L. No. 1-1998]
B. 
Such service will not be resumed until the cause for such discontinuance is removed. The expense of shutting off and turning on the water will be borne by the consumer and paid to the Village Clerk. See § 244-34.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In cases where it is desired to install connections to private fire protection systems, written applications shall be made to the Village setting forth the details thereof. The application shall be accompanied by a sketch, or diagram, showing the plan of the system to be installed. This plan must be approved previous to any work being done. All installations necessary to serve private fire protection systems shall be constructed and maintained at the sole expense of the owner or applicant.
All ordinances or parts of ordinances of the Village of Clinton, New York, inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall be only be to the extent of such inconsistency and in all other respects, this article shall be in addition to the other ordinances regulating and governing the subject matter covered by this article.
[Amended 1-12-1998 by L.L. No. 1-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Fees for water use are set from time to time by resolution of the Village Board and are on file in the Village offices.