[HISTORY: Adopted by the Town Board of the Town of Delaware 9-9-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
As used in this chapter, the meanings of the following terms
shall be as follows unless the context specifically indicates otherwise:
The Town Board of the Town of Delaware.
The owner(s) of premises supplied with water from the system.
Any and every water district established in the Town of Delaware.
A person or entity holding title to a parcel of land with
a designated tax map parcel number.
The person designated and appointed by the Board to supervise
the operations of the district, inspect and supervise the installation
of connections to the system, supervise employees of independent contractors
of the district and enforce compliance with this chapter.
The entire system of pipes, valves, buildings, wells, reservoirs,
plants, and other facilities owned by the district and used for the
supply, treatment, storage, transmission and delivery of water.
This chapter shall apply to all water districts of the Town
of Delaware now or hereafter established and to all consumers. No
water service connections or facilities shall be made or installed
except in conformity with the provisions of this chapter.
A.
Owners of all buildings and/or properties used for human occupancy,
employment, recreation or other purposes situated within any district
and abutting on any highway, street, alley or right-of-way in which
there is or in the future may be located a district water main are
required to connect to the system and exclusively use water supplied
therefrom.
B.
Owners holding title to a parcel of land with a designated tax map
parcel number situated outside any district may not connect to the
system without prior approval of the Board. Owners of any parcel granted
outside user status by the Board must enter into a written outside
user agreement with the Board and shall be required to conform with
all provisions of this chapter.
C.
The owner shall own, maintain and be responsible for, but the district
shall have control of, the service line from the curb stop to the
water meter.
D.
The district reserves the right, at all times, to shut off water
in case of any emergency or for any maintenance or repairs which may
necessitate it. When making routine repairs or new connections not
in the nature of an emergency, the district will endeavor to give
notice to all affected consumers as to the time and anticipated duration
of any such shutoff. Consumers shall be responsible to act and prepare
for water needs during the service interruption and to prevent damage
to piping or plumbing fixtures due to lack of pressure, back siphonage
or other conditions arising from a shutoff. The district shall have
no liability for any damages caused to a consumer's water pipes,
plumbing fixtures, hot water heaters or pumps by reason of loss of
water pressure due to shutoffs or water main or service line breaks
or other system failures.
E.
Consumers must, at all reasonable hours of the day, permit the Superintendent
or his/her authorized representatives to enter their premises for
the purposes of determining the manner in which water is used, inspection,
and the installation and replacement and/or reading of water meters.
Should the Superintendent not be able to gain access to the premises
for the reading, repair or replacement of a water meter following
a first notice, the Superintendent shall give the consumer a second
notice that access to the meter is required. In the event the consumer
fails to schedule an appointment for access in accordance with such
notice or fails to accommodate scheduled access a second time, the
Superintendent shall give the consumer a third notice requiring a
response from the consumer within 10 days. If the consumer fails to
timely comply with such third notice, the district may impose a monetary
surcharge in such amount as shall be fixed from time to time by resolution
of the Board for each quarter until access to the meter is provided
to the Superintendent. In the event that the failure to afford the
Superintendent access to the meter continues for a period of one year
or longer, the district may terminate water service to the subject
premises and/or pursue all other enforcement actions provided for
by this chapter or at law.
Except as hereinafter provided, it shall be unlawful to install
on any property in a district any wells and connection thereto, any
springs and connections thereto and any other water source or to use
such well, spring or water source if connection to the system is available.
An owner of property situated within a district may, where compelling
conditions and circumstances exist, apply to the Board for a waiver
so as to permit such property owner to use a well, spring or other
water source. The determination of the Board and the grant or denial
of such waiver, together with such limitations and conditions as may
in the discretion of the Board be deemed prudent, shall be deemed
final. It is the intention of this section that waivers may be granted
only in drought conditions, conditions of water shortages or in conditions
of extraordinary hardship on the part of any property owner.
A.
Water meters are required for each individual service and shall be
provided and installed by the district for a fee as determined from
time to time by resolution of the Board. The meter shall remain the
property of the district. The district must have access at all times
to the water meter. The district shall not be responsible for any
damage that may occur to the water meter or to the consumer's
property due to the consumer's negligence regarding the water
meter. If a consumer claims that his water meter is not functioning
properly, the district will test the meter. If the meter, when tested,
reads within 3% of a known flow value, the owner shall pay all costs
of personnel and equipment necessary for the test. However, if the
meter is greater than 3% in error, the district will install a replacement
meter at no cost to the consumer and bills will be adjusted appropriately
for a period of 90 days prior to the owner's initial written
complaint.
B.
In the event that the pipes of the consumer are not in proper condition
for the installation of a water meter, the consumer shall at the consumer's
sole cost and expense cause such pipes, at the point at which such
meter is to be installed, to be put in proper condition prior to the
installation of such meter. If the meter is not installed in an accessible
place, the water will be turned off by the district and will be turned
on at the consumer's expense after the meter is reinstalled in
an accessible position. There shall be no tampering with water meters,
breaking meter seals, meter remote wiring or meter telemetry with
the intent to slow, stop or alter the reading of the water meter.
C.
In case a building is closed or becomes vacant, the consumer or designated
representative shall provide two days' notice to the district
in order that the meter may be read and the curb cock closed. The
meter shall be removed and stored by the district at a fee as determined
from time to time by resolution of the Board. Where such notice is
not given and pipes burst from freezing or other cause, or where the
meter is damaged or destroyed by any act of commission or omission
of the consumer, the value of the water lost by reason thereof, as
estimated by the Town, together with the cost of repair of such meter
and pipes, together with the additional sum as determined from time
to time by resolution of the Board, shall be paid prior to the installation
of a new meter in such building.
D.
It shall be the responsibility of the consumer to provide protection
for water meters installed in basements against damage from freezing
or backflow of hot water. Any repairs necessitated by neglect of such
responsibility shall be charged to the consumer.
A.
Curb stops are owned by the district and shall be turned on and off
by authorized district personnel only. The consumer or designated
representative must be present when the curb stop is opened or closed,
except in the event of an emergency. A fee as determined from time
to time by resolution of the Board will be charged for each occurrence
to turn on or off the water service at the consumer's request.
No person shall interfere with or cause obstruction to any curb box.
Unauthorized use of curb stops shall be subject to a penalty as determined
from time to time by resolution of the Board for each occurrence.
B.
All service pipes and their fixtures and appurtenances from the curb
valve or gate valve and into the premises shall be maintained and
kept in repair and free from leaks at the expense of the consumer.
Leaks in service pipes shall be repaired within 48 hours after notice
is given to the consumer. If leaks are not repaired within said period,
the district shall have the right but not the obligation to hire a
contractor to repair the leak and charge the repair to the consumer.
The consumer shall notify the district promptly of any leak, defect
or damage affecting the service pipe between the curb valve and the
point where metered. Water service lines may be abandoned only by
proper techniques approved by the district.
C.
All applications for the use of water or the supply of water must
be made, in writing, at the office of the district using an official
application and allowing a minimum of two weeks for application approval
by the district. No water shall be taken from district mains, service
pipes, fixtures, hydrants, apparatus or by any means whatsoever unless
written applications for such water service are signed by the owner
of the property to be supplied, or his agent, and have first been
approved by the district. Any person who shall be supplied with water
by the district shall be deemed to have accepted and approved the
rules and regulations pertaining thereto as set forth in this chapter
and otherwise established by resolution of the Board. The continuance
to take water after any amendment, change or addition to the rules
and regulations as set forth in this chapter and otherwise established
by resolution of the Board shall be deemed an acceptance of such.
D.
No consumer or tenant thereof shall supply water to other persons
or entities or premises other than those specified in the application
for service or the use indicated by rate charges, i.e., single-family
residence, commercial, etc. If any water is so supplied, the party
supplying the same shall be liable to pay the regular rates for such
persons or entities or premises and subject to enforcement action
as provided in this chapter.
E.
All consumers are required to keep their service pipes, stopcocks
and fixtures connected therewith in good repair and protected from
freezing and so arranged and provided with stop- and waste cocks as
to allow the pipes to be drained and kept empty of water during all
periods of dangerous exposure to freezing conditions. No continuous
flow of water to prevent piping from freezing will be permitted, except
at a special rate and with written consent of the district. The owner
shall be responsible for those water service lines which freeze and
any cost of the repair of same from the curb cock to the structure.
If the district assists in thawing them out, the cost shall be borne
by the consumer.
F.
The district reserves the right to exclusively control service lines
between the main and the curb or gate valve. The district shall accept
responsibility for the replacement due to malfunction of such pipes,
corporation cocks and curb valves, including the repair of leaks which
may occur between the Town main and the curb or gate valve. Such leaks,
repairs or replacement will be performed for in-district users at
the district's expense. Out-of-district users will be billed
for the aforementioned work.
G.
No person shall conduct water from one service connection into two
or more separate buildings without obtaining written permission from
the district.
A.
No person other than an employee or contractor of the district, having
been directed to do so, shall tap any district water main or connect
any pipe to such main or connect any pipe to any service line without
due authorization from the district. When a consumer's plumber
desires the district to make a tap to a district main, he must notify
the district not later than one week before the tap is required and
must agree to the date and exact hour that he will be ready for such
tap to be made. The district's tapper shall not be required to
wait more than 15 minutes after his arrival before proceeding with
the tap. If the plumber is not ready within that time, a new appointment
shall be made.
B.
New service pipes.
(1)
For new service pipes up to two inches in diameter, all expenses
attending the introduction of water from the district main into any
premises must be paid by the consumer, with the exception of tapping
the main and furnishing the corporation cock, curb valve, curb box
and copper piping from the main to the curb valve, the cost of which
will be incorporated by the district as part of the application fee.
(2)
Excavation and backfill for service pipes shall be made by the consumer's
contractor or plumber at the consumer's expense.
(3)
For new service lines larger than two inches in diameter, all expenses
attending the introduction of water from the district main into any
premises must be paid by the consumer, including tapping of the main,
furnishing the tapping sleeve and gate valve, valve box and all necessary
piping as required, excavation, backfill and restoration of disturbed
areas.
C.
The curb valve shall be installed on the road frontage property boundary
of the consumer. The curb valve will be equipped with a curb stand
protruding above grade. If the curb valve is in an area with vehicular
traffic, a curb box will be installed having a lid with the word "water"
thereon. In the installation of a service line where a gate valve
is required, the valve will be positioned in the roadway adjacent
to the street water main with an access box and the word "water" thereon.
No person shall cover with dirt, debris, road building or other material
any curb stand, curb box or main valve box and lids. When resurfacing
or repairing the aforementioned, the owner of the property will raise
or lower curb boxes or main valve boxes to the finished grade level.
The district may reposition improperly placed curb valves and stands
to the property boundary as the situation arises.
D.
Street openings.
(1)
No street or public place shall be opened by any person for the purpose
of making a tap connection with the main or for the laying of water
pipes or fixtures unless permission shall have been granted by the
authority having jurisdiction therein. The district must have one
week's notice prior to the start of any work.
(2)
Whenever any street or public place shall have been opened for the
purpose of making a connection with the water mains or for laying
of water pipes or fixtures, the consumer shall obtain the necessary
road-cut permit. The consumer shall have proper regard for public
safety and convenience and shall notify the appropriate Highway Department
prior to backfill and after road surfacing is completed so that the
street or place may be restored to its original condition. Excavation
shall be guarded with barricades, and sufficient warning lights shall
be displayed at night by the consumer. The street must be kept open
to traffic during construction.
A.
No abatement or other deduction shall be allowed for temporary unoccupancy
of any unit or metered service.
B.
A consumer, desiring discontinuance of service, shall give written
notice to the district at least 10 days before the quarterly billing
dates. A pro rata bill for the portion of water consumed to date shall
then be submitted to the consumer, including a shutoff fee. In the
event that the same consumer requests the district to resume service
within a one-year period, such consumer will be liable for the minimum
charges that would normally have been accrued during that shutoff
period, including a turn-on fee.
C.
A consumer that requests discontinuance of service due to a change
of ownership must give notice, in writing, to the district. A pro
rata bill for the portion of water consumed shall be submitted to
such consumer. Upon receipt of payment, water shall be discontinued
unless the district receives an application from the new owner to
continue service under an account established for such new owner.
D.
The district may discontinue water service and shut off the supply
to any premises as to which the consumer or any occupant of which
has failed to comply with the provisions of this chapter and/or any
law, rule or regulation relating to the character or construction
and maintenance of service pipes and connections and the use of water.
Such service will not be resumed until the cause for such discontinuance
is removed and the expense of shutting off and turning on the water,
if any, is paid to the district.
A.
Service pipes.
(1)
A service pipe from the curb valve to the meter shall be laid at
least 4 1/2 feet below the surface of the ground at all points
and shall conform to such standards as set forth herein. For copper
installation, only Mueller compression fittings will be allowed. No
branch connections shall be made to service pipes between the main
and the water meter connection. Taps in all mains having a cover less
than five feet shall be made on the side of the main.
(2)
Service pipes from the curb valve or gate valve to the building connection
are the owner's responsibility, and the owner will notify the
district when such piping is installed so that a representative of
the district may inspect the work before the trench is backfilled.
All pipe will be backfilled with a six-inch layer of sand around the
pipe. No water use will be permitted until the installation has been
approved by the department.
(3)
Service pipes from the curb valve to the meter, less than two inches
in diameter, shall be of pure, seamless, soft-tempered copper tubing
with compression fittings.
(a)
Tubing shall be of the following thickness:
|
Normal Pipe Size
(inches)
|
Outside Diameter of Tubing
(inches)
|
Type
|
|---|---|---|
|
3/4
|
7/8
|
K
|
|
1
|
1 1/8
|
K
|
|
1 1/2
|
1 5/8
|
K
|
(b)
No soldered joints shall be permitted in copper tubing underground.
(c)
The use of 160-pound test plastic pipe may be allowed from the
curb valve to the building for building service with prior written
approval by the district.
(d)
No tee or other fittings through which water can be taken will
be permitted on the service pipe between the main and the meter.
(4)
The plumber, after completing the work of introducing water into
a property and testing pipes and fixtures, shall turn the water off
at the curb valve until a meter has been set on the service.
B.
No connection to any other source of supply of water shall be made
or maintained to any pipes or fixtures that may be connected with
the system. If any connection to another source of supply is maintained,
the water from the system shall be shut off and service not restored
until such connection to the other service has been discontinued.
C.
All new connections are required to install and maintain a meter
yoke at the consumer's expense. The type and location will be
specified by the district. Service lines must have a valve immediately
on both sides of the meter yoke.
D.
A pressure reducer must be installed on the street side of the meter.
The reducer will be maintained by the consumer.
E.
All new installations and renovations shall include a backflow prevention
valve as specified by the district. The backflow prevention valve
will be installed after the meter yoke and before any connections
are made. The district may require other cross-connection control
devices to be installed at the consumer's expense. It will be
the consumer's responsibility to maintain or replace any cross-connection
control device if defective. These devices are subject to inspection
by the district.
A.
No person, except an authorized fireman in the course of his normal
duties, may open or otherwise tamper with a district fire hydrant.
A contractor or other person desiring to use water from a fire hydrant
must first deposit a payment in an amount determined from time to
time by resolution of the Board at the Town Clerk's office and
obtain permission from the district for its use. The district will
prescribe the manner of operation, the hours during which the hydrant
may be used and the duration of its use. If no damage to the hydrant
occurs during the period of use, the amount deposited will be deducted
from the charge for water used. If the hydrant is damaged during the
period of use, the person who requested its use will be liable for
the cost of material and labor needed to repair the hydrant.
B.
The installation and location of private hydrants and fountains will
be subject to approval by the district. Should waste therefrom become
a nuisance or hazard to adjacent property, the supply may be discontinued
until repairs have been made.
C.
Fire hydrants and other district appurtenances shall not be encumbered
in such a manner which makes repair, use or snow removal unnecessarily
difficult.
D.
Private fire hydrants shall be painted yellow and shall only be operated
upon twenty-four-hour advance notice to the district so that a meter
can be placed on the hydrant, except in the event of an emergency.
A.
A violation of any provision of this chapter is an offense, and each
such violation may be punished by a fine not exceeding $500 for the
first offense and by a fine not exceeding $1,000 for each subsequent
offense, or by imprisonment for a period not exceeding six months,
or by both such fine and imprisonment. Each day a violation continues
shall be subject to a separate fine.
B.
In lieu of, or in addition to, a fine as provided for above, each
such violation shall be subject to a civil penalty, not exceeding
$1,000 for any one violation, to be recovered in an action or proceeding
brought by the attorney for the district in the name of the district
in a court of competent jurisdiction. Each day a violation continues
shall be subject to a separate civil penalty.
C.
In addition to the above penalties, the Board may also maintain an
action or proceeding in the name of the district in a court of competent
jurisdiction to compel compliance or to restrain by injunction an
offense against this chapter. Where any violation of this chapter
causes additional expense to the district, the district shall have
a cause of action against the violator to recover such cost. The cause
of action may be asserted at the discretion of the Board and shall
be in addition to the fine, imprisonment, penalty and injunction hereinabove
provided and shall be brought by the attorney for the district. The
district shall be entitled to recover its reasonable costs, disbursements
and attorneys' fees.
A.
On or before September 30 of each year, the Board shall establish
the budget for each district, estimating as closely as possible 1)
the capital costs for each district, including debt reduction, interest,
anticipated capital improvements and similar capital expenditures,
and 2) the costs of operation and maintenance, including but not limited
to salaries and wages, payroll taxes, insurance, postage, office supplies
and such other items as are customarily included in the operating
and maintenance budget. The Board shall then fix and determine by
local law adopted by the Board the rate per unit or per gallon, as
the case may be, to be charged for capital expenditures and operational
and maintenance expenses.
B.
For each district, capital costs shall be apportioned among all parcels
in the district on a unit basis. This unit charge will be levied against
each parcel at the same time and in the same manner as Town taxes,
such amounts to be set forth in the annual tax rolls. The amounts
so levied shall be subject to the same penalties as may be provided
by law for the collection of Town taxes.
C.
For each district, operation and maintenance expenses shall be charged
on a usage basis. Usage shall be determined by meter readings taken
not less often than quarterly. However, until meters are installed
in each district, usage fees will be charged quarterly on a unit basis.
D.
Units assigned to each parcel in the district for purposes of determining
the amounts charged for capital costs and operation and maintenance
expenses shall be based on an equivalent dwelling unit method according
to the type (commercial or residential) and size (number of dwelling
units) of such structure. One equivalent dwelling unit is assigned
based upon a single-family dwelling using water with the assumption
of typical use of 165 gallons per day.
(1)
The following units are hereby established for each lot, parcel of
land, building or other premises situate in the district:
|
Property Classification
|
Units to Be Assigned
|
|---|---|
|
Single-family dwelling
|
1
|
|
2-family dwelling
|
2
|
|
3-family dwelling
|
3
|
|
4-family dwelling
|
4
|
|
5-family dwelling
|
5
|
|
6-family dwelling
|
6
|
|
Single apartment (multiuse building)
|
1
|
|
Laundry
|
0.5 per machine
|
|
Car wash
| |
|
Commercial
|
1 per bay
|
|
Private
|
1 per bay
|
|
Churches
|
1
|
|
Doctor/dentist offices
|
1
|
|
Grocery store/supermarket
|
2.25
|
|
Theaters, meeting halls and places of mass assembly
| |
|
0 to 20 seats
|
0.5
|
|
21 to 50 seats
|
0.75
|
|
51+ seats
|
1
|
|
Office/retail
| |
|
Up to 4 people
|
0.5
|
|
5 to 10 people
|
0.75
|
|
11 to 18 people
|
1
|
|
19+ people
|
1.25
|
|
Funeral parlor
|
1
|
|
Food service (1 unit minimum)
| |
|
0 to 20 seats
|
1
|
|
21+ seats
|
2
|
|
Allowable deductions
| |
|
Facilities using paper products only
|
-0.5
|
|
Facilities without lavatories/toilets
|
-0.5
|
|
Hotel/motel
|
0.25 per room
|
|
Hairdresser/barber
|
1 per technician
|
|
Public showers/bathhouses
|
0.5 per room/half year
|
|
Vacant land
| |
|
Under 1 acre
|
0.25 (capital only)
|
|
1+ acre
|
0.50 (capital only)
|
(2)
In all districts, the Board may assign an appropriate and equitable
number of units as the need arises for any use not specified above.
E.
Each year, no later than the taxable status date for such year, the
Board shall provide to the Town of Delaware Assessor for each district
a list of parcels as to which this article applies and the corresponding
number of units assigned to each parcel, including any additions,
deletions or changes from the prior year, whereupon the Assessor shall
cause the appropriate entries to be made on the assessment roll for
such year.
F.
Payment of usage fee bills. Bills for water usage (operation and
maintenance) fees shall be sent to consumers quarterly and must be
paid by consumers within 30 days of the day they are sent. Bills unpaid
within 30 days are subject to a penalty of 10%, to be added to the
amount of the bill. The amount of any bills unpaid as of September
30 in each year, including penalties, shall be assessed and added
to the consumer's real property tax bill to be issued the following
January.
G.
Notice of delinquent payments; termination of service. If a water
usage bill is not paid within 60 days, the consumer shall be sent
a notice, by regular mail, at the address listed for mailing of the
property tax bills, stating that unless the bill is paid in full,
including penalties, within 15 days of the mailing of the notice,
water service will be terminated.
