This chapter shall be know as the "Water Ordinance
of the Town of Orchard Park Water Districts."
The purpose of this chapter is to promote the
general health, welfare and safety of the inhabitants of the town
through regulation, supervision and control of the water systems and
supplies of the Orchard Park Water Districts. It is hereby declared
the policy of the Town Board, by means of this chapter, to provide
such regulation, supervision and control and to provide for the operation
and maintenance of the Orchard Park Water Districts.
Violations of this chapter shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or both.
In interpreting and applying the provisions
of this chapter, the following definitions shall prevail:
The Erie County Water Authority or its duly authorized agents
or representatives.
Includes any structure or enclosure to which water is supplied,
whether occupied or vacant.
Includes all places to which water is supplied, whether occupied
or vacant.
The person, group or department of the town, appointed or
created by the Town Board, having charge of the furnishing of water
either within or without a water district.
No person, building or premises shall apply
for or receive water from an Orchard Park Water District except in
accordance with the provisions of this chapter.
A.
Preparation. For the purpose of carrying out the purposes
and provisions of this chapter, the Water Department may prepare rules
and regulations, not inconsistent with the specific provisions hereof,
which shall be complied with by all applicants for water service and
users thereof.
B.
Approval; filing. Such rules and regulations and subsequent
changes and amendments to such rules and regulations shall be approved
by the Town Board and be filed with the Town Clerk and shall be available
for the guidance of all such applicants and users.
C.
Objections. Any person objecting to the provisions
of any such rules and regulations may file such objection with the
Town Board, which shall determine the effect thereof.
The provisions of this chapter and any rules
and regulations adopted hereunder shall be deemed a part of any contract
for the furnishing of water and shall be considered as a part of the
consideration for receiving water service. Any person applying for,
receiving, accepting or paying for water service from an Orchard Park
Water District, Water Department and/or the Authority shall be considered
as having agreed to be bound by valid provisions and rules and regulations.
Any person desiring to purchase or receive water
from or to connect into an Orchard Park Water District or any of its
water mains or transmission lines, or desiring replacement and modification
of an existing installation, shall make application to the Water Department
or Authority, whichever is servicing the area in which the premises
are located. Such application shall be made upon forms provided by
the Water Department or Authority. Application shall be made by the
owner of the premises or his agent authorized in writing or as required
by the agency to which application is made.
A.
No permit shall be granted for the installation, replacement
or modifications of water supply from the Water Department until the
fees for tapping mains, connections for service, advance rentals or
deposits and any other authorized charges as further set forth herein
have been paid.
B.
Fees for water supply from Authority mains shall be
as set forth in agreements between the Town Board and the Authority.
No unauthorized person shall open or close any
valve, hydrant or curb cock, or interfere or meddle with any hydrant,
valve, pipe or main, curb cock, meter or other fixture or appurtenance
connected with the water system of the town. The Water Department
shall control all mains, taps, gate valves, street service connections,
curb stopcocks, curb and gate valve boxes and meters, and may, whenever
such facilities are operated or interfered with in any way in violation
of these rules and regulations, discontinue the water service to the
premises involved, which action shall be in addition to the penalties
provided for by this chapter. No person shall, except with a permit
from the Water Department, allow contractors, masons or other unauthorized
persons to take water from his premises or operate any valve connected
with the distribution system.
The Water Department will operate, maintain
and, where necessary, replace all existing mains and appurtenances,
fire hydrants and other facilities within the territory of any street
or any easement that is under the jurisdiction of the water district,
except that repair or damage resulting from collision or any other
external cause shall be paid for by the person causing such damage.
For the purposes of inspection, installation,
maintenance, repair, meter reading, turning on or shutting off water,
authorized personnel of the Water Department or Authority shall have
free and full access at all reasonable times to all parts of any premises
supplied with water from the Water Department or Authority or upon
which application has been made to the Water Department or Authority,
or to which water is reasonably believed to be supplied. Filing of
an application for water service shall, in addition to the provisions
of this section, be deemed consent to such access.
The Water Department shall have the right to
curtail the amount of water supplied in the event that its supply
becomes limited. The Water Department, in case of a shortage of water,
may limit or prohibit the use of water for sprinkling of lawns or
gardens or for any purpose not deemed necessary for the maintenance
of public health.
Where water is wastefully or negligently used
on a consumer's premises which seriously affects the general service,
the Water Department may discontinue the service of such premises
if conditions are not corrected within 24 hours after giving such
customer written notice, or, if an emergency exists, it may discontinue
service without notice.
A.
Notice to Water Department. If a consumer desires
to discontinue the use of water for a temporary period, the Water
Department shall be given at least 24 hours' notice in writing for
turning off the water and similar notice for turning it on again.
B.
Procedure during winter months. If the temporary discontinuance
is during the winter months, the Water Department, upon such notice
and request, will shut off the service at the curb cock and remove
and place the water meter in its storeroom and will reinstall the
same upon proper notice when required.
C.
Charges. A charge of $15 will be made to cover the
expenses incurred in rendering this service.
A.
Notice to Water Department. If a consumer desires
to discontinue the use of water due to permanent vacancy, the Water
Department shall be given at least 24 hours' notice in writing.
B.
Shutoff; removal of meter; rendering of bill. The
Water Department will, at the time required, shut off the service
and will read and remove the meter for the consumer and will render
a special bill for the fractional period.
C.
Charge. The charge for permanent shutoff service will
be $50 as noted in § 138 32.
No person owning or occupying premises receiving
water service from the town shall make or allow to be made any connection
either of a direct or of an indirect nature between his piping system
and a water supply from any other source, or install or allow to be
installed any fixture or appliance or waste or soil pipe from which
water may flow, be siphoned or pumped into any piping connected to
the town water system.
A.
Responsibility of owner, occupant. In cases where
boilers or other appliances in premises depend upon the pressure in
the service line to keep them supplied with water, the owner or occupant
shall place suitable safety devices to guard against the possibility
of collapse or explosion when the water supply is interrupted. Likewise,
such owner or occupant shall protect water-cooled compressors for
refrigeration systems by means of high-pressure safety cut out devices
and shall provide means for the prevention of the transmission of
water hammer or noise of operation of any valve or appliance through
his piping to any adjacent premises.
B.
Town not responsible for damage. Failure of the owner
or occupant to provide such safety devices shall in no way make the
town responsible for any resulting damage.
A.
Use restricted. Fire hydrants are, except under special
circumstances and with permission of the Water Department, for the
sole use of the various fire companies of the town furnishing fire
protection service. Tampering with any fire hydrant or the unauthorized
use of water therefrom is an offense against this chapter.
B.
Permission for temporary use. In cases where no other
supply is available, permission may be granted by the Water Department
for temporary use of the hydrant. Permits for the use of hydrants
for filling sprinklers, sweepers, sprayers, swimming pools and other
equipment apply only to such hydrants as are designated for such use.
Such permits shall be granted for such time, under such conditions
and for such fee as the Water Department shall prescribe, consistent
with the paramount purposes of hydrants as instruments of public fire
protection.
C.
Change in location. If a property owner or other party
desires a change in the location of a fire hydrant, he shall bear
all costs of such change. Any change in location of a fire hydrant
must be approved and the work done by the Water Department.
D.
Use for construction purposes; charges. Temporary use of a fire hydrant for supply of construction water from hydrants may be authorized by the Town Board on written application by a contractor. Charges for this service will be in accordance with § 138-54. Cold-weather protection and hand valves shall be provided by user.
A.
Generally. Before any road in a subdivision or otherwise
shall be accepted by the Town Board as a town highway, the person
offering such road to the town shall install in or along such road
and in accordance with town specifications for the design and construction
of water mains and appurtenances, water pipes or mains sufficient
to provide water service for any and all dwellings or structures proposed
to be erected along such road.
B.
Procedure in lieu of installation. In lieu thereof
and in addition to any other deposit or security required for the
acceptance of such road, the Town Board may require a deposit or security
for the installation of such pipes or mains.
Where either hand excavation or excavating machines
are used by contractors or others in digging trenches for sewers,
drains, gas mains and conduits or in connection with any other underground
excavation work, all water mains shall be maintained in position at
the expense of such persons or contractors. Contractors or others
working in the public street must ascertain for themselves the location
of all water service connection pipes. Where water service connections
are removed, cut or damaged in the repair of a sewer, drain, gas main
or conduit or in connection with any other underground excavation
work, such person or contractor must, at his own expense, through
the Water Department directly, cause them to be replaced or repaired
promptly in accordance with the requirements of the Water Department,
and he must at once notify the Water Department of the interruption
of service and must reimburse the Department for any expense to it
in providing temporary service and in restoring regular service.
A.
Generally. The town and the water district make no
guaranty as to the amount or consistency of pressure or volume of
the water it furnishes and will not under any circumstances be responsible
for any loss or damage from any excess, deficiency or variation in
the pressure, volume or supply of water or for loss or damage caused
by water escaping from or obstructions in a service line due to frost
or any other cause or for any loss or damage as a result of water
escaping from laterals, fixtures, appliances or pipes owned by consumers.
B.
Temporary shutoff; notice. The Water Department shall
have the right to shut off the water in the mains temporarily to make
repairs, alterations or additions to the plant or system, but the
district will not be responsible for damages resulting directly or
indirectly from any interruption of the water supply. When it becomes
necessary to shut off the water from any section of the water system,
the Water Department will endeavor to give notice to as many of the
consumers affected thereby as time will permit and will, so far as
practicable, use its bests efforts to prevent inconvenience and damage;
but failure to give such notice shall not make the town or district
responsible or liable for any damages that may result either directly
or indirectly from shutting off the water.
Any person who knowingly receives or knowingly permits premises owned or occupied by him to receive water from an Orchard Park Water District except in accordance with this chapter and the rules and regulations established hereunder shall be guilty of a violation of this chapter and shall be punished as provided in § 138-3.
