[HISTORY: Adopted by the Town Board of the
Town of Holland 10-12-1977. Amendments noted where applicable.]
A.
The purpose of this chapter is to promote the general
health, welfare and safety of the inhabitants of Holland through regulations,
supervision and control of the water system of the Holland Water District.
It is hereby declared the policy of the Town Board of Holland by means
of this chapter to promote such regulations, supervision and control
and to provide for the operation and maintenance of the Holland Water
District.
B.
The provisions of this chapter and any rules and regulations
adopted hereunder shall be deemed a part of any control for the furnishing
of water, and any person receiving such shall be bound by such rules
and regulations.
Any person who knowingly receives or permits
premises owned or occupied by him to receive water from the Holland
Water District except in accordance with these rules shall be guilty
of a violation and punishable as provided hereinafter.
Any person desiring to purchase or receive water
from the Holland Water District shall apply to the Water Department
upon forms provided by the Water Department.
[Amended 7-13-1988 by L.L. No. 2-1988]
No permit shall be granted for the installation,
replacement or modification of water supply from the Holland Water
District until fees for tapping mains, connections for service, rentals
or other charges have been paid.
For the purpose of inspection, installation,
maintenance, repair or meter reading or turning on or off service,
authorized personnel shall have access at all reasonable times, and
application and subsequent service shall be deemed consent to the
same.
The installation and maintenance of private
lines, excluding the mains and lines of the Holland Water District,
shall be in accordance with the following provisions and specifications:
A.
Inspection. No private service line from a Water District
pipe or main shall be installed, altered, replaced or used until the
same has been inspected and approved by the Water Department.
B.
Street opening. No opening shall be made in any Town
Highway except with the consent and approval of the Town Superintendent
of Highways, upon such terms and conditions as he shall require, including
the posting of a reasonable bond if, in his judgment, such bond is
necessary. For this purpose, the Superintendent may prepare reasonable
requirements for such opening to be filed with the Water Department.
C.
Taps and connections. All connections to or taps of
water mains for water service shall be made by the Water Department.
A receipt for water service shall be made by the Water Department.
A receipt for tapping fees shall be on file with the Water Department
in advance of such connections and taps.
D.
Line specifications. All private lines shall be installed,
maintained, altered or replaced with material approved by the Water
Department according to Water Department specifications.
[Amended 7-13-1988 by L.L. No. 2-1988]
E.
Trenches. Service lines shall be laid out four feet
below the established grade of the adjacent street or existing grade
level, but, when impractical, the Water Department may grant a permit
for another method.
[Amended 7-13-1988 by L.L. No. 2-1988]
F.
Tapping point. The Water Department shall designate
the point at which the water main is to be tapped and the position
of the service pipe connection at the tap. The Water Department shall
make necessary excavation for all taps, which shall be at least four
square feet and not less than six inches below the main.
[Amended 7-13-1988 by L.L. No. 2-1988]
G.
Replacement of tap. No new tap shall be made to a
water main to connect with a service line which is intended to replace
an existing line unless the existing line is properly disconnected
at the tap to the water main. All expenses shall be borne by the applicant.
[Amended 7-13-1988 by L.L. No. 2-1988]
H.
Maintenance. All outside service lines, pipes, outlets
and fixtures shall be maintained in good order and repair, protected
from frost, leaks and breaks, and must be promptly repaired to prevent
waste of water. If the owner fails to observe these requirements,
the Water Department shall repair or replace any of the above and
assess the cost thereof against the real property affected, to be
collected as part of water rent.
[Amended 7-13-1988 by L.L. No. 2-1988]
[Amended 12-12-1979; 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992]
Any person who desires to receive water from
the Holland Water District shall, in connection with his application,
pay the charge for the tapping of water mains. A copy of all current
fees and charges is on file with the Town Clerk, and a copy of these
fees may be obtained from the Town Clerk.
A.
All meters used to measure water purchased from the
Water District shall be supplied by the Water District. No meter shall
be installed by the Water Department until payment of the fee specified
at time of application. Each meter shall be installed by the Water
Department after payment of the fee specified at time of application.
[Amended 2-14-1979; 7-13-1988 by L.L. No. 2-1988]
B.
Installation. The Water Department will install and
maintain the meter and meter coupling. Meters shall be set as nearly
as possible to the point of entry of the service connection pipe to
the building and kept easily accessible to Water Department employees
at all times. The Water Department may require a meter to be set in
a pit or box other than the customary location, at the expense of
the applicant.
C.
Permanent meter installation requiring a larger than
one-inch meter shall be provided at the total expense of consumer,
with a valve bypass around the meter and a valve spur pipe on the
building side of the meter for test purposes. The design of such shall
be approved by the Water Department before construction. The Water
Department will test meters at regular intervals at its expense and
replace defective parts, except when caused by frost, hot water or
other external causes. The meter shall be sealed by the Water Department
and controlled by it. No person other than an employee of the Water
Department shall interfere with or remove any meter once placed in
service by the Water Department.
[Amended 7-13-1988 by L.L. No. 2-1988]
D.
Meter size. The Water Department shall determine the
proper size of meter to be installed and shall have the right to change
at any time to ensure proper operation.
E.
Damage. Meters damaged by frost or external causes
shall be repaired by the Water Department at the property owner's
expense, based on cost.
[Amended 7-13-1988 by L.L. No. 2-1988]
A.
Water rates shall be adopted annually or at any time
by resolution of the Town Board.
B.
All water supplied will be charged on a metered basis
with a minimum charge.
C.
Temporary rates. A charge shall be made for construction
purposes during the erection of any business or dwelling, which charge
shall be fixed by the Town Board. A current list of temporary rates
is on file with the Town Clerk. Under no circumstances shall water
be used for construction purpose contract unless properly metered.
[Amended 7-13-1988 by L.L. No. 2-1988]
D.
Unusual conditions. The Water Department, with the
approval of the Town Board, shall determine charges or rates in special
cases to cover unusual conditions not covered by rules and regulations.
E.
Billings. Billings will be quarterly. When access
cannot be made for reading the meter, a prepaid card will be left
to be filled out and returned within five days. If not returned, an
estimated bill will be sent.
F.
Owner responsibility. The Water District, upon written
request from the property owner, will mail the bill to the tenant,
but the owner will remain responsible for charges and penalties.
G.
Outside uses. Town Board may enter into a contract
for water to the users outside the district. The rate shall be specified
in such contract.
H.
Lien. All water penalties and charges shall be a lien
on real property and such amount transmitted to the Erie County Legislature,
who shall levy the same upon real property in default.
[Amended 7-13-1988 by L.L. No. 2-1988]
If a consumer wishes to discontinue service,
the Water Department will, with 24 hours' written notice accompanied
by the current fee (on file with Town Clerk), shut off service and
render the final bill.
No person owning or occupying premises receiving
water service shall make or allow to be made any connection, either
of direct or 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 from which water may flow or be siphoned or be
pumped into any piping connection to Town water system.
The Water Department will operate, maintain
and, where necessary, replace all existing mains and appurtenances,
fire hydrants and other facilities within the jurisdiction, except
that repair or damage resulting from collision or any other external
causes shall be paid by the person causing such damage.
No unauthorized person shall open or close any
valve, hydrant or curb cock or interfere or meddle with any hydrant,
etc., connected to the water system or the Town. No person shall,
except with a permit from the Water Department, allow contractors,
masons or any unauthorized person to take water from his premises
or operate any valve connection with the distribution system.
[Amended 7-13-1988 by L.L. No. 2-1988]
Fire hydrants, except under special circumstances
and with the permission of the Water Department, are for the emergency
use of the fire companies of the Town furnishing fire protection.
Tampering with or use of water from a hydrant is a violation. If a
property owner wishes a hydrant moved, he shall bear all costs. Work
must be done and approved by the Water Department.
[Amended 7-13-1988 by L.L. No. 2-1988]
The Town and the Water Department make no guaranties
as to the amount of consistency of pressure or volume of water it
furnishes and will under no circumstances be responsible for any loss
or damage from any excess, deficiency or variations or for loss or
damage caused by water escaping from or obstruction in the service
line due to frost or any other cause as a result of water's escaping
from pipes or fixtures owned by the consumer. The Water Department
shall have the right to shut off water mains temporarily but will
not be responsible for damage resulting directly or indirectly from
such interruption. When it is necessary to shut off service, consumers
will be notified as practical. Failure to notify shall not make the
Water Department responsible.
Where boilers or other appliances depend upon
pressure in the service line to keep them supplied with water, the
owner or occupant shall place suitable safety devices to guard against
water interruption.
The Water Department may curtail the amount
of water supplied if supply is limited. It may prohibit use for sprinkling
lawns, gardens, etc. Where water is wastefully used on a consumer's
premises, seriously affecting the general system, the Water Department
may discontinue service to such premises. If conditions are not corrected
within 24 hours after written notice has been given or if an emergency
exists, no notice need be given.
[Amended 7-13-1988 by L.L. No. 2-1988]
Before any road 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 pipes or mains sufficient to provide
water service to any or all dwellings or structures proposed to be
erected along said road, provided that said highway is within an established
water district. In lieu of installation, the person shall deposit
security in addition to any other deposit or security sufficient for
the future installation of such pipes and mains.
[Amended 7-13-1988 by L.L. No. 2-1988]
All rules, regulations and specifications shall
be approved by the Town Board and filed with the Town Clerk and be
available for the guidance of all applicants and users.
In addition to any other violations set forth,
it shall be a violation for any person to cause damage to any water
main, hydrant, storage tank, standpipe or any facility or equipment
used in providing water service by the Water Department or for any
person to turn on without permission of the Water Department any hydrant
which is part of the system operated by the Water Department.
A.
Any person who violates these rules and regulations
shall be deemed guilty and be punishable by fine not to exceed $250
or by imprisonment not to exceed 15 days, or by both such fine and
imprisonment.
B.
Where it is provided thereon that a violation of these
rules and regulations or any part thereof shall result in a forfeiture
or the imposition of a penalty, the Town Board may maintain an action
or proceeding in any court of competent jurisdiction to collect such
forfeiture or penalty and to compel compliance with the rules and
injunction in any other legal manner.
