[HISTORY: Adopted by the Town Board of the Town of Newstead 3-24-1986
by L.L. No. 2-1986 (Ch. 96 of the 1988 Code); amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Subsequent amendments noted where applicable.]
The Town of Newstead, hereinafter called the "Town," having established
water districts to provide water service within said districts, shall set
forth hereinbelow rules and regulations for every person and/or corporate
owner supplied with water service by the districts.
This chapter shall be accepted by all parties receiving water service
from the district and shall constitute a part of the contract between the
parties and the district.
As used in this chapter, the following terms shall have the meanings
indicated:
The owner of the property.
Water system operator.
Application for a water service pipe from the street main to the curb
must be in writing. The application for the service must be submitted to the
Erie County Water Authority. A street opening permit must be issued from the
Town. All excavations and backfills necessary for the installation of said
service pipe and tapping of the main is to be made by consumer, who assumes
all liability in case of damages of any kind which may arise during the progress
of the work authorized by the permit or by reason thereof. Red signal lights,
barricades, railings and all other necessary means of protection against accidents
shall be provided by the applicant.
A separate tap is to be required for each lot supplied with water. This
tap shall be supplied by the Erie County Water Authority, with the cost thereof
to be borne by the consumer.
The entire cost of materials and installation shall be borne by the
consumer. The installation of said service from the street main to the curb
shall be made by the district or its approved agent at the expense of the
consumer. The installation of the service from the curb to the property must
be done by the consumer.
The trench opening, by the owner or contractor for tapping of a water
main or for the installation of the water lateral, shall be of sufficient
size and have the proper safety precautions to accommodate the work to be
accomplished. The owner or contractor will make alterations to the opening
as instructed by the duly authorized agent of the district. The backfilling
of the trench will be made by the owner or contractor. The material used will
be sand in the immediate area around pipe to a depth of one foot; the remainder
of the trench will be bank-run gravel, tamped every six inches until the trench
is backfilled to original grade.
The district will supply water to consumers within its boundaries in
accordance with the scheduled rates and charges as stipulated by the Erie
County Water Authority.
The owner of the property into which water is supplied by a service
pipe will be required to maintain in perfect order, at his own expense, said
service pipe from the curb stop to his building. Failure to make necessary
repairs will result in the water being turned off until such time that satisfactory
repairs are made. Maintenance of the service pipe from the main to the curbcock
will be performed by the district.
Backflow prevention into the public system shall conform to the rules,
standards, policy and regulations set forth by the New York Department of
Health and the Erie County Water Authority, with the more restrictive policy
governing.
No consumer is allowed any cross-connector from any other source of
water to be interconnected with the piping that is supplied from the district.
If for any reason such cross-connection is found, the water from the district
system will be turned off immediately to prevent contamination of the district
water system.
No curb stop will be operated by anyone except a duly authorized agent
of the district.
All services shall conform to Erie County Water Authority standards.
A duly authorized agent of the district, upon proper identification,
shall have the right to enter upon any premises where Town water is being
supplied for the purpose of inspecting, installing, removing or reading a
meter, plumbing and fixtures of the water service and all work in connection
with the service.
In the event of an emergency, including but not limited to breaks in
the main, the district shall not be liable for any damage which may result
to any person or premises from the shutting off of the water from any main
or service for any purpose whatsoever, even in the cases where notification
is not given, but will try to notify as soon as possible.
Services for private fire protection and sprinkler connections shall
conform to Erie County Water Authority standards, rules and regulations.
A.Â
A developer or contractor that desires to have a water
main extended into a subdivision or on a street must notify the district at
least six months prior to construction. All water mains to be constructed
shall consist of eight-inch pipe or larger. All costs of installation shall
be incurred by the developer or contractor. The developer or contractor must
submit engineering plans approved by the New York State Department of Health
and the Erie County Water Authority. The engineering and approved plans must
encompass the total project.
Abandonment of a service shall conform to Erie County Water Authority
rules, standards and policies.
The owner of any premises which is supplied with water shall be liable
for charges of the water used or other expenses in connection with such water
service. In case of a tenant, if such sums for any reason cannot be collected
from the occupant of the premises, the charges shall become a lien against
the property, notwithstanding that said premises may have changed ownership.
The sum due, if it cannot be collected from the tenant or owner, will be levied
on the tax roll. However, if a tenant moves from one premises to another in
the Town and has an unpaid water rent charge, no application will be granted
until said tenant has satisfied the claim. Where there are two or more tenants
occupying a house and said house is supplied with one meter, the water rent
shall be billed and collected directly from the property owner and in no case
from the tenant.
Billing, nonpayment, discontinuance of service and reconnection shall
conform to Erie County Water Authority rules, regulations, standards and policies.
Any building requesting multiple meters shall conform to Erie County
Water Authority rules, regulations, policies and standards.
A violation of this chapter shall constitute a violation as defined
in the Penal Law of the State of New York and shall be punishable by a fine
not exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The Town also reserves the right to
enforce this chapter by a court injunction. Every week that a violation is
allowed to continue shall constitute a separate offense.
When the property owner or tenant requires more water than the existing
water pipe can deliver, it is the responsibility of the property owner to
pay the cost of the enlargement of said waterline from the water main to the
building. The enlargement of the waterline will be considered the same as
a new water service.
