[HISTORY: Adopted by the Town Board of the
Town of Concord as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 114.
[Adopted 10-25-1999 by L.L. No. 3-1999]
The purpose of this article is to establish
rules and regulations pertaining to the use of public water facilities
and the furnishing of water to consumers of water in the Town of Concord
Water District No. 2.
The territory to which the regulations established
by this article shall apply includes the entire area of Water District
No. 2.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town Board of the Town of Concord, Erie County, New York,
or its duly authorized representative.
The person or corporation to be served or the authorized
agent of such person or corporation, including any water use customer
using any water from the Town of Concord Water District No. 2 supply
system.
The person or corporation owning the property to be served
or the authorized agent of such person or corporation.
The Supervisor of the Town of Concord or such other person(s)
duly authorized by the Board to act in such capacity, or his/her authorized
representative.
A.
No connection to water main without permit. No consumer
shall make any connection or opening into any public water main without
the written permission of the Board. All water main connections and
all service work within the street right-of-way shall be done under
the direction of the Supervisor or the Supervisor's authorized representative.
B.
Application for permit and for water. An application
for a permit to connect to the water main and for water service must
be made by the owner in writing on forms provided by the Water District.
Such application shall be made not later than 20 days previous to
the time such service is to begin, and shall contain such information
as the Water District may require. When the owner desires to use water
from the water system, or if he/she is already a consumer, and desires
to extend, increase, decrease or discontinue it, such owner shall
make a written application, specifying the purposes for which he/she
desires to make the change.
C.
Making connection.
(1)
No service connection shall be made, laid or covered,
except in the presence of the Supervisor or his/her authorized representative,
and then only when he/she or his representative shall have approved
all work and materials and authorized the making of such connection
and covering of it. All lines covered without the approval of the
Supervisor or authorized representative will be uncovered at the owner's
expense.
(2)
Any existing services which at any time require replacement
because of leaks shall be replaced with acceptable materials in accordance
with these rules and regulations.
D.
Service connections.
(1)
All service connections shall be of 3/4 inch Type
K copper line and shall be carried full size to the water meter.
(2)
Service pipe shall be Type K copper tubing without
intermediate joints, except as the length of service exceeds manufactured
lengths of tubing. In such case, flared or compression fittings shall
be employed.
(4)
All pipe shall be laid in a trench with not less than
four feet of cover to prevent freezing. In installing service lines
from highway right-of-way to the building, consumers should exercise
particular care in maintaining the four-foot minimum cover when crossing
gutters, drainage ditches or other like depressions.
(5)
The connection from the water main to and including
the curb stop at the highway boundary will be laid by the Water District
at a reasonable charge established by resolution of the Water District/Town
Board, which charge may be changed from time to time by Town Board
resolution.
(6)
No installation shall be permitted which has any connection
whatsoever with a private water system or to piping, tanks, vats or
other apparatus which contains liquids, chemicals or any other matter
which may flow back into the Town system and consequently endanger
the water supply.
E.
Separate connection for each consumer. A separate
tap and service shall be installed for each improved premises. No
consumer will be allowed to supply water to another person or premises.
Service lines in excess of 120 feet in length from the curb stop to
the meter must use a meter pit in close proximity to the curb stop.
Plastic pipe which meets the New York State Uniform Fire Prevention
and Building Code and is approved by the Water District may also be
used after the meter.[2]
F.
Meters.
(1)
All water shall be metered. Meters shall be signed
for by the owner, or his/her duly authorized agent, for whose premises
the water is to be used.
(2)
When water is desired the owner of said premises shall
make written application to the Water District on a standard form
provided, at which time he/she shall make payment to the Town in an
amount to be set by Town Board resolution. Such meter charge shall
be set by the Town Board hereafter from time to time by appropriate
resolution.
(3)
Upon request of the owner thereafter, the Water District
shall then cause the meter to be installed according to its regulations
and rules.
(4)
The Water District/Town Board reserves the right,
at all times, to stipulate the size, type and make of any and all
meters used or to be used within the Water District.
(5)
The Water District/Town Board reserves the right,
at all times, to inspect, repair, remove and replace any meter at
any time and to substitute another meter in its place. In case of
a disputed account involving the question of accuracy of the meter,
such meter will be tested by the Water District upon request of the
consumer or owner. The fee for testing meters will be established
from time to time by resolution of the Town Board, and shall be payable
in advance of the testing. In the event that the meter so tested is
found to have an error in registration to the prejudice of the consumer
in excess of 4% at any rate of flow within the normal test limits,
the fee advanced for testing will be refunded and the bill for the
current period adjusted to correct such over-registration.
G.
Turning on water. No person except an authorized Water
District representative shall turn the water on or off at any connection
to the water main. Water will be turned on by the Water District to
test the pipes and fixtures before the pipes are covered and immediately
turned off; it will be finally turned on upon final approval by the
Water District representative.
H.
Turning off water.
(1)
Water may be turned off by the Water District because
of failure of payment by any consumer 60 days after the due date of
billing and a charge to be set by Town Board resolution will be made
for turning water on again.
(2)
The Board reserves the right to shut off the water
to premises at any time that it may deem necessary, and the Town or
Water District shall not be responsible for any damage which may result
therefrom. It is not necessary for the Water District to give notice
the water will be shut off.
(3)
Upon detection of a leak in a service line, between
the curb stop and the meter, of any nature prejudicial to the Water
District, the owner shall make the necessary repairs to said service,
at no expense to the Water District, and shall perform the work in
strict accordance with the requirements set forth for a new service.
(4)
Upon failure by the owner to repair such leak, the
Water District may, at its option, terminate service five days following
issuance of a notice to repair. The Water District reserves the right
to enter on any property or premises to repair any leak, break or
other damage which, if left unrepaired, would or could be prejudicial
to the Water District's water system. The expense of such repairs
to services shall be charged to the owner, while the expenses incurred
in repairing Water District mains and facilities shall be borne by
the Water District.
I.
Piping on premises. No private pumping system shall
have any connection whatsoever with the Water District water system
regardless of how piped or valved.
J.
Expense borne by the Town. The following expenses
shall be borne by the Town:[3]
(1)
The cost of installing the portion of a service line
extending from the main to the curb stop, inclusive, during water
main construction undertaken by the Town.
(2)
Maintenance and repair of meters in the case of normal
mechanical defects and insofar as ordinary wear and tear are concerned.
(3)
Maintenance and repair of service lines from main
line to the curb stop, inclusive.
K.
Expense borne by the owner. The following expenses
shall be borne by the owner:[4]
(1)
Installation charge, including the cost of making
taps and installing service from the main to the curb stop, except
as part of the initial construction of the main.
(2)
Materials and labor in laying and maintaining the
service pipe from owner's premises to the curb box at the street right-of-way.
(3)
Water rentals and special assessment which shall be
set by Town Board resolution.
(4)
Payment for all meters, to be acquired from the Water
District.
(5)
The charge to be set by the Water District/Town Board
for turning on the water after it has been turned off due to delinquency;
also all arrearage penalties or back rentals of whatever nature. All
delinquent charges shall be a lien against the property.
(6)
Cost of installation, testing and repair of meters,
except for mechanical defects or natural wear and tear. Consumer will
be held responsible for damage due to freezing, hot water or other
external causes. In case of damage, the Water District will repair
the meter and, if necessary, replace it with another meter, the total
cost of which will be paid by the consumer.
(7)
Penalties prescribed by law for unauthorized breaking
of meter seals.
(8)
Turn-on and turn-off charges, per consumer request.
(9)
Such additional charges as may be set forth in the
Water District.
L.
Water rentals.
(1)
All water rentals will be charged to the owner, and
statements rendered to the consumer.
(2)
In the case of duplexes or multiple dwellings with
or without separate meters for each dwelling, statements shall be
mailed or delivered to the owner of such multiple dwelling and it
shall be such owner's responsibility to see that individual consumers
receive notice of such billings.
(3)
Rates for water used by individual consumers living
outside the water service area shall be double the rate charged in
the service area. The Town Board reserves the right to refuse the
sale of water to anyone for consumption outside the Water District.
(4)
Meter rates. The Water District shall, from time to
time, by resolution, establish water service rates. The amounts due
shall be billed and paid quarterly for the water used in the preceding
quarter. The penalty for nonpayment shall be established by resolution
of the Town Board and may be changed at the Board's discretion.
(5)
Where meters have failed during any billing period,
the Water District shall have the right to estimate the quantity of
water used and to charge for this estimated water use on the basis
of the established schedule of rates, the same as if the meter had
been functioning for the entire billing period.
M.
Operation of hydrants. No person except the Supervisor
or a person(s) acting under his/her direction or permission shall
open any fire hydrant or draw water therefrom, except the chief of
a fire department having jurisdiction in the area and his/her assistants,
and in no case shall inexperienced or incompetent persons be allowed
to manipulate or interfere with any hydrant or any gate, valve or
other fixture of said water works.
N.
Building permits; temporary service connection.
(1)
Persons desiring to use available Town water for construction
purposes will be required to make application to the Town Board therefor,
stating the name of the contractor and the owner of the property and
its location, and on receiving such permit will be required to pay
the fee established by the Town Board plus actual meter rates per
thousand gallons for such privilege. If water is wasted, the Town
Board may cancel such permit and stop the supply of water.
(2)
All such water shall be metered and the meter shall be adequately protected from freezing or other damage prejudicial to the Water District. In addition to all installation charges and meter rentals and charges referred to in Subsections D and F, there shall be a deposit fee established by the Water District/Town Board required for the faithful fulfillment of the agreement. Except as otherwise provided, all deposits will be returned when the equipment is returned and after it has been found to be in good operating condition.
(3)
Except as otherwise directed by the Water District/Town
Board or as set forth herein, all requirements for permanent service
shall apply to temporary service connections.
(4)
The Town Board reserves the right to reject any application
for service which it believes will be prejudicial to the best interests
of the Water District or Town.
O.
Special services. The Water District also reserves
the right to accept or reject any or all applications for services
of a nature not hereinbefore covered by these regulations, including
the right to determine the rates for such services, and shall approve
only those permits which it finds are not prejudicial to the best
interests of the Water District or Town.
The following rights are reserved by the Town
Board:
A.
To make such changes in the rules and regulations
as it may deem to be in the best interests of the Water District.
B.
To make such changes in the rates for water rental
as may in its judgment seem to be for the best interests of the Water
District.
C.
In periods of drought or in the event of any emergency
affecting the supply of water, to restrict the use of water to particular
hours determined by the Water District or to prohibit its use entirely
for sprinkling, irrigation or uses other than human or animal consumption,
and to impose penalties for violations of such restrictions.
D.
To order existing service pipes and fixtures to be
replaced with acceptable material as determined by the Water District/Town
Board and to refuse service with all penalties hereinbefore set forth
for failure of an owner to comply with such order.
E.
To have free access to enter premises of any consumer
at any reasonable time for the purpose of inspection, reading, repair,
replacement and/or removal of meters.
F.
To enter into contracts for a supply of water.
G.
To discontinue water service for violation of this
article.
A.
It is the intention of the Water District to notify
consumers when the water in the mains is to be shut off, but it is
here noted that it is at times impractical and sometimes impossible
to do.
B.
Whenever the water is shut off for any reason, the
consumer is hereby advised that all hot water boilers should be immediately
banked and water content checked often and thoroughly.
C.
If the plumbing is in proper condition, no damage
can occur from turning the water in the mains off or on without notice,
and the Town is not liable for any damage caused thereby.
D.
When property is conveyed, written notice should be
given to the Town Clerk of said conveyance so the transfer of ownership
may be noted on the water books and the new owner notified of his
accounts.
E.
In case of fire or an alarm of fire, all water consumers
are requested to cease the use of water for motors, fountains, sprinkling
and power purposes during such fire, in the interest of keeping up
a strong and effective pressure for fire purposes.
F.
A pressure-reducing valve shall be installed at the
meter location. The valve must be provided by the owner since operating
pressures in the main may exceed the maximum pressure desired by the
owner. The Town shall not be responsible for any damage resulting
from excessive pressure.
The Water District shall have the right from
time to time to set and adjust both direct and indirect benefit assessments
against all parcels of property within the Water District.
[Amended 6-9-2005 by L.L. No. 2-2005]
Any person who willfully or maliciously displaces,
removes, injures or destroys a. pipe or main connected therewith or
forming a part thereof or who shall deface, injure, disturb or interfere
with any machinery, pumps, buildings, gates, valves or any part of
the system of water works, or who, with intent to injure or defraud,
commits or does any of the acts prohibited by Article 145 of the Penal
Law of the State of New York shall, in addition to the appropriate
offense as set forth in said Article, be guilty of a misdemeanor under
this article, punishable by fine not to exceed $1,000 or by imprisonment
up to one year, or by both such fine and imprisonment.
