Village of Newark, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Newark 12-1-1981 by L.L. No. 7-1981; amended in its entirety 9-14-2002 by L.L. No. 8-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 62.
Sewers — See Ch. 126.
As used in this chapter, the following terms shall have the meanings indicated:
AWWA
The American Water Works Association.
BOARD
The Municipal Board of the Village of Newark, New York.
CROSS-CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
CUSTOMER
The person responsible for payment of charges for water or other facilities and services.
OWNER'S SERVICE PIPE
The pipe or tubing leading from the curb stop and curb box across the customer's property to the customer's building, structure or premises and connected to the meter.
PERSON
An individual, firm, association or corporation, either public or private.
SERVICE CONNECTIONS
The tap or connection to the main, corporation stop, curb box, curb stop and sufficient tubing or pipe to connect the corporation stop to the curb box.
SPECIFICATIONS
The written requirements adopted by the Board and published for general reference concerning the requirements for work and materials related to the Village of Newark water system.
SUPERINTENDENT
The Coordinator of Public Works or his/her duly authorized representative.
VILLAGE
The Village of Newark, Wayne County, New York.
WATER SYSTEM
The entire system of pipes, valves, buildings, reservoirs, plants and other facilities owned by the Village of Newark and used for the supply, treatment, storage and transmission of water.
A. 
The following chapter and all regulations and specifications adopted under it shall be considered as part of the contract between the Village and every person who takes water supplied by the Village. Every person using this service shall be bound by this contract, including those using water on a renewable contract base, in which case the contract may stipulate any conditions which are exceptions to these laws, regulations and specifications.
B. 
The Board reserves the right to restrict or prohibit the use of water for sprinkling purposes or other nonessential purposes at such times and for such periods as it deems necessary or proper.
A. 
No person shall uncover, make any connections to, use, alter, or disturb any portion of the water system or any water service pipes or fixtures between the curb stop and the meter without an approved application.
[Amended 9-18-2012 by L.L. No. 3-2012]
B. 
All applications for new service connections and all applications for a change in an account name on an existing service outside the Village limits must be made in writing to the Village Board by the proposed customer using such forms as provided by the Board. If the proposed customer is not the owner of the premises, the written consent of the owner must accompany the application. Where more than one building or tenant is supplied through one service connection, the application shall be made by one person who shall be the customer responsible for all water supplied through the service connection. The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Department of Public Works. Applications for the extension of public mains may be initiated by the Board or by petition from the abutting property owners. Applications may be denied by the Board or the Department of Public Works for failure to fully comply with the laws of the Village or the regulations and specifications adopted under those laws or if the approval of the application is not in the best interest of the Village.
[Amended 9-18-2012 by L.L. No. 3-2012]
C. 
The Village Board reserves the right to refuse all petitions for extensions of mains where the estimated water rents will not warrant the cost of installation.
[Amended 9-18-2012 by L.L. No. 3-2012]
D. 
All costs and expenses incidental to the installation and connection of the service connection shall be borne by the customer. The customer shall indemnify the Village from any loss or damage that may, directly or indirectly, be occasioned by the work done under or in connection with the approved application.
[Amended 9-18-2012 by L.L. No. 3-2012]
E. 
More than one water meter may be installed on a single service connection if approved by the Village Board and if each of the following requirements is met:
[Amended 9-18-2012 by L.L. No. 3-2012]
(1) 
A secondary permanent water meter may only be installed where it will not be drained into the sanitary sewer.
(2) 
All applications for a secondary permanent water meter shall be made to the Department of Public Works, whereby a representative of the Department of Public Works, upon final installation of the secondary meter, can verify that the water passing through the secondary meter cannot in any way be routed to the sanitary sewer, either intentionally or accidentally.
(3) 
All costs associated with the installation of a secondary meter shall be paid by the customer.
(4) 
Water passing through the secondary meter shall be paid for by the customer and shall not result in an additional sewer charge levied against the water consumed.
(5) 
The secondary water meter shall be rented at the current prevailing meter rate and schedule as modified by the Village Board from time to time.
(6) 
The Village of Newark reserves the right to inspect the installation of and flow from the entire water system at the customer's address, at any reasonable time and if any conditions are discovered that would indicate that the water passing through the secondary meter is being discharged into the sanitary sewer. If it is discovered that water passing through the secondary meter is being discharged into the sanitary sewer, the secondary meter may be removed by the Department of Public Works and the customer would be subject to sewer charges for the water being discharged into the sanitary sewer but for which a sewer charge was not imposed plus a civil penalty of $75.
(7) 
Only one secondary water meter shall be permitted per water service account.
(8) 
Flow rates which, in the opinion of the Village Board, are uncharacteristic based on prior water consumption shall be cause for inspection of all plumbing on the premises.
(9) 
All secondary meters shall be equipped with a locking shutoff device.
F. 
When appropriate, it is required that application for the installation of new water service or for temporary water service is made concurrently with application for a building permit in order to facilitate any necessary inspections and service installations by the Board. Approval of applications shall be valid for a period of up to one year.
A. 
Deposit required for installation. At the time application is made for new water service, the costs of installation shall be paid in accordance with the rates set by the Board. Where the costs are not set and are to be based on actual costs, a deposit shall be made to cover the estimated cost of the installation. In case the actual cost is less than the deposit, a refund will be made to the consumer. A previously abandoned service connection may be used in connection with new buildings only when they are found, on examination and tested by the superintendent, to meet all requirements set forth in this chapter. Galvanized steel services which have not been used for 10 years or more shall be replaced at the owner's expense.
B. 
Village-owned portion of service. All installation of service between the main and the curb box, including the curb box, will be made by the Board and shall remain the property of the Village of Newark. The Board will maintain this service, in case of leakage, at its own expense, unless damage is caused by the carelessness or negligence of the property owner or occupant. In such case, or if replacement is requested for other reasons, the customer will be held responsible for any charges for repairs or replacement.
C. 
Easements. It is the responsibility of the customer to provide, where necessary, easements at his/her own expense for all water service installations made by the Board.
D. 
Liability. The Board will not be held liable for any damage that may occur as a result of maintaining or replacing any part of the Village-owned service.
E. 
Responsibility of customer. The customer to be serviced shall be responsible for the installation and maintenance of service pipes and fixtures between the curb box and the meter. The size, depth, alignment, materials of construction and methods to be used in placing the pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing code or other applicable rules or regulations of the Village and to specifications of the AWWA. The customer shall be responsible for the protection of his/her service pipes and the meter from freezing.
F. 
Inspection. Before the building service is covered, it must have been inspected and approved by the superintendent. Before the meter is installed and the water service activated, all parts of the service that are the responsibility of the property owner shall be again subject to inspection and approval by the superintendent in conformity with the construction specifications. Upon either inspection, the customer will be notified as to any necessary repairs to be made before metered service will be granted.
G. 
Safety. All excavations for service connection or mains shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the superintendent.
H. 
Maintenance. Failure on the part of the customer to immediately notify the Board of any defective or broken part of the service for which the customer is responsible or to immediately repair or replace any defective part of the service which is his responsibility may result in the suspension of water service until repairs or replacements that meet the Board's approval have been made.
I. 
Temporary service.
(1) 
Upon application, to coincide with application for a building permit, temporary water service will be supplied to builders, contractors and others, provided that it does not lower the water pressure, cause turbulence in the mains or cause the mains to dry in any part of the water system of the village. The quantity of water taken for such purposes shall be determined by meter or estimate, at the Board's discretion, and shall be prepaid.
(2) 
If by estimate, an initial quarterly charge for water use will be made, based on the size of the meter to be installed, but in any case, not to be less than such a rate as set by the Board. If metered service has not been installed in succeeding quarters, estimate charges for water use will strictly adhere to the rate schedules according to meter size and minimum usage, as stated in the Code of the Village of Newark.
[Amended 9-18-2012 by L.L. No. 3-2012]
All water services shall be metered, regardless of the purpose for which they are to be used, unless otherwise specified.
A. 
Ownership. All meters will be furnished and owned by the Village and shall be subject to the exclusive control and jurisdiction of the Board. The Board reserves the right in all cases to stipulate the size of the meter to be used in any connection.
B. 
Maintenance. The Board will be responsible for installing and maintaining all meters and for replacing meters that have become inoperable through ordinary wear and tear. However, any damage to meters that is the result of an insecure location or of negligence or carelessness on the part of the owner, occupant or others, such as damage due to freezing, will be rectified by the Board at the expense of the property owner.
C. 
Location. Wherever possible, meters shall be set in a basement or utility room. The Board may require that meters that cannot be sufficiently housed in a basement or utility area, such as an oversized meter, are set in a specially designated outside pit. Where a meter would otherwise be located more than 100 feet from the curb box, a meter pit may be required. Meter pit size shall conform to the construction specifications, and further, all outside meters shall be maintained in an accessible, structurally sound, dry place. Any secondary water meters shall be installed as close to its point of use as is reasonably possible, the location for which must be approved by the Department of Public Works.
D. 
Testing. The Board reserves the right to remove and test all meters, at its discretion, in order to maintain the accuracy of the meter. Customers may request the removal of a meter or testing upon payment of a fee as set by the Board.
E. 
Removal; meter seals. No meter may be removed or adjusted in any way without the prior notification and consent of the Board. If any disturbance of the seal is noted, the Board should be notified immediately.
F. 
Remote reading registers. The Board reserves the right to place remote reading registers on any service as an integral part of the meter installation.
G. 
Hydrant meters. Hydrant meters will be furnished at a minimum prepaid charge. The Board will install, adjust and remove all hydrant meters, which are not to be disturbed by the builder or contractor in any manner. The builder or contractor shall be responsible for any damage to the meter caused by negligence or accident and will reimburse the Board for any damage caused in this manner.
H. 
Accessibility. Employees of the Board shall have access to meters, as well as all aspects of the water service, at all reasonable hours for purposes of reading, inspecting or service repairs.
I. 
Liability for damage. The Village and Board will not be responsible for damage cause by drainage of water in connection with the testing, repairing or removal of any meter. In addition, the Village and Board will not be responsible for any damage to property caused by a defectively functioning meter.
A. 
Use of hydrants. All hydrants owned by the Village of Newark are under the jurisdiction of the Board and shall not be used for any purpose other than extinguishing fires, periodic drills or periodic tests of the fire protection system by the Newark Fire Department unless specifically approved by the superintendent in writing. The Board reserves the right to designate to itself any additional use of hydrants. The Board shall be notified in advance of any tests or drills so that a representative of the Board may be present if desired. The Board should be notified by Fire Department officials within 24 hours after using a hydrant for extinguishing a fire so that the hydrant may be inspected by the Board to ensure proper functioning. No person shall open any fire hydrants whether on public or private property nor use water from them, except to extinguish a fire, unless permission is first obtained from the superintendent.
B. 
Hydrants outside the village. Fire hydrants owned and maintained by the village but located outside the village shall be sealed. Any disturbance of the seal, for whatever purpose, should be reported immediately to the Board.
C. 
Damage reported. Any damage, leakage or defective functioning noted in any hydrant should be reported immediately to the Board.
D. 
Painting of hydrants. No one except the Board shall paint hydrants or in any way change the color of any part of a hydrant without the explicit consent and approval of the Board.
E. 
Application. Persons desiring to install a private fire service or make alterations or extensions of an existing service should make application, in writing, to the Board. The proposed installation shall be subject to the approval of the Board and must meet the construction specifications for such installations.
F. 
Use of system. The customer must agree to use this service for no purpose other than extinguishing fires or periodic testing or flushing of the system. In violation of this condition, the water supply to the fire service may be suspended. Flushing of hydrants shall be performed by the customer once every six months or as necessary to prevent water from becoming stagnant.
G. 
Installation and maintenance. The property owner shall install and maintain, in conformance with state and federal regulations, all aspects of the fire protection service up to the property line at his own expense. The Board will furnish all materials and install all connections of the service from the property line to the main, at the property owner's expense. However, the Board is responsible for indefinitely maintaining and, if necessary, replacing any portion of this service on the Village side so long as this service is maintained. Upon cessation, the Board may close it off permanently, and its responsibility for the main ceases.
H. 
Rates. Rates for fire service shall be determined by the size of the connection pipe or by a hydrant rental rate set by the Board.
I. 
Accessibility. All premises being supplied with private fire hydrants or fire protection services shall be accessible and open to inspection of the Board at all reasonable hours.
J. 
Notification. The Board should be notified prior to any testing or flushing of the fire service. Notification should also be given within a twenty-four-hour period of activating the system for fire purposes.
A. 
Payment of water bills. All water rental bills are due on or before the 15th day of the month of rendering. If bills are not paid by this date, a ten-percent penalty charge will be added every 15 days to the unpaid bill. If not paid within 30 calendar days after the due date, the water service will be suspended until all outstanding bills and charges have been reimbursed to the Board. Any bill collection by Village personnel at the customer point of use will be subject to a service charge as set by the Board. Failure to receive a bill is not considered a valid reason for nonpayment. In default of payment of these charges, water service may be discontinued to such property. Further, all charges will be considered a lien on the property involved and added to the tax bill.
B. 
Liability for charges. The property owner shall be held responsible for water rental charges or any other charges relating to water service held against the property unless paid by the customer.
C. 
Nonregistering of meter. If a meter has ceased to register, the quantity of water will be determined by the average registration in a corresponding period, and an estimated bill rendered accordingly. If an accurate estimate cannot be obtained due to a change in occupancy or in the average amount of water used, an equitable adjustment will be made.
D. 
Inability to obtain a reading. In cases where a reading cannot be obtained, an estimated bill will be rendered to the customer. Subsequent bills will reflect actual consumption, plus any adjustment to the bill made necessary through the use of an estimate. In the event that a reading cannot be obtained for a period of nine months, the Board reserves the right to suspend the water service until such time as accurate billing is made possible through a reading of the meter, and all service charges for suspending and reinstating the water service have been paid to the Village.
E. 
Inability to obtain a final reading. If a customer has requested a final reading of his/her meter or a final reading of the meter plus a discontinuance of service and the Board is unable to gain entry to the property for such purpose, an additional service charge will be made. This charge will be effected only after notification of the property owner, who is obliged to make the premises available to the Board for a final reading. If this is not done, for each additional service call made necessary through the inability of the Board to gain entry to a property, a charge will be made as set by the Board.
The Village Board may from time to time adopt by resolution rules and regulations pertaining to billing regulations for tenant accounts. The rules and regulations shall be on file with the Village Clerk.
Rates for the use of water, charges for the installation of services, for meter, for testing, for fire service or for other special services and penalties shall be set, from time to time, by resolution of the Village Board of the Village of Newark.
Any customer may order discontinuance of water service by notifying the Board. The owner of the property will be held responsible for any charges for water consumption up to the final meter reading as well as any charges for discontinuance of service if left unpaid by a customer. A customer may request reinstatement of a temporarily disconnected service upon payment of the appropriate service charge as determined by the Board.
A. 
The Board reserves the right, in relation to any or all customers, to shut off the water, restrict the supply or change the water pressure, if necessary, without notice, whenever it is deemed necessary for extensions, alterations, repairs or in case of emergency conditions.
B. 
Whenever possible, notification of any such change in water supply will be given in advance by the Board, but in any case the Board will not be liable for any damage that may occur as a result of such change in supply.
C. 
Customers using apparatus depending on the Village water supply for operation are advised to take precautions against damage when the Village water supply is altered.
A. 
Water is not to be used in any manner not provided for in the Code of the Village of Newark.
B. 
Waste of water. No customer shall willfully waste either through leakage due to imperfect service pipes or fixtures or in any other manner.
C. 
Use of water. No customer supplied with water by the Village will be allowed to supply water to other consumers or to sell water whether through a separate meter or not. No multiple-customer service shall be permitted on the same property except where each customer is provided with a separate meter.
D. 
Curb box. No person shall cover, obstruct or otherwise disturb a curb box so that it is not easily accessible.
E. 
Turning on water. No person but the superintendent or his/her designee shall turn on or off the water to any premises.
F. 
Obstruction of hydrants. No person shall place any obstruction that would prevent free access to any fire hydrant.
G. 
Cross-connections. No person shall install or permit to be installed any cross-connection, whether permanent or temporary. Protection against such cross-connections shall be as required by state law or regulation and by any such regulations adopted by the Board. In addition to any other penalties, service to any customer violating this prohibition may be discontinued by the Board and not restored until the violation is corrected.
H. 
Unauthorized access. No person without permission of the Board shall enter on properties of the Village used for the supply, treatment or storage of water or discharge into or otherwise contaminate the water or deface or damage these facilities.