[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
The American Water Works Association.
The Municipal Board of the Village of Newark, New York.
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.
The person responsible for payment of charges for water or
other facilities and services.
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.
An individual, firm, association or corporation, either public
or private.
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.
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.
The Coordinator of Public Works or his/her duly authorized
representative.
The Village of Newark, Wayne County, New York.
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. 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.
[Amended 7-17-2023 by L.L. No. 2-2023]
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.
[Amended 7-17-2023 by L.L. No. 2-2023]
The Village Board may from time to time adopt
by resolution rules and regulations pertaining to billing regulations
for all 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.
