As used in this Article, the following terms
shall have the meanings indicated:
The owner or owners of the premises supplied or furnished
with water.
The pipe and attachments of every kind and nature thereto
connecting the street main with the house or building piping.
The pipe and attachments of every kind and nature conveying
water along the streets of the village.
Before water shall be turned on for the supply
of any building or premises, application therefor shall be made, in
writing, to the Village of Fishkill. Such application must be signed
by the owner and be upon a form supplied by the Water Department and
filed with the Water Department before any connection is made with
the street main or the service main. The applicant will be held responsible
for all water rents and charges until due notice of change of ownership
shall have been made by him, in writing, and delivered to the Village
of Fishkill at least five (5) days before going into effect. Every
owner taking water or permitting water to be taken for use on the
premises of such owner thereby agrees to these rules and regulations
and agrees to be bound by them and by such other rules and regulations
as may hereafter be established for the Village of Fishkill.
A.
No street, sidewalk or other public ground shall be
opened for the purpose of laying any water pipe or service pipe or
doing any work whatever about any water main or pipe or service pipe
or fixture for the purpose of making an connection with any water
pipe or doing any work in connection therewith unless a permit shall
be obtained from the village.
B.
No permit shall be granted to open up any street,
sidewalk or other public ground for the purpose of laying, installing
or repairing water pipes or fixtures unless said permit calls for
inspection of the construction by the Village Engineer. The cost of
said inspection is to be borne by the applicant.
C.
Before any such permit shall be granted, such owner
shall file a bond in the office of the Village Clerk in the sum of
not less than ten thousand dollars ($10,000.), properly conditioned
to indemnify the Village of Fishkill against any loss which the village
may sustain by reason of the negligence of such applicant or his failure
to comply with these rules. Such bond shall be approved by the Village
Board as to its form and sufficiency of the surety before a permit
is granted.
D.
In the opening of a street, sidewalk or other public
grounds for the introduction or repair of any water service pipe or
connection under authority of such a permit by the Village Board,
the owner shall be responsible for all damages resulting from such
trench or opening even though the work is performed by the owner or
some other person; the permit for making the excavation or opening
in the street, sidewalk or other public grounds being to the owner
only; and any person opening the street, sidewalk or other public
grounds under such permit does so as the agent of said owner and by
no other authority. He/she shall duly regard public safety and convenience,
and such excavations shall be adequately guarded, and proper lights
shall be displayed by him/her at night to warn and protect the public.
A.
No persons shall tap any street main or make connection
therewith, except authorized personnel of the Village of Fishkill,
unless such tapping is made as an adjunct to a contract with the village
for the installation of street mains on which such tap is being made.
The cost of such tap made by the village shall have fixed prices which
shall be paid in advance. The village shall tap all mains, except
as noted above or as hereinafter noted, and shall approve the setting
of all meters, and no one shall turn on any water service nor shut
off any water service except with the knowledge of and permission
of the Village Board.
B.
No person shall lay any service main or make any attachment thereto or any alterations or repairs to the service main or appurtenances thereto except by permission of the village as prescribed in § 165-21 above or by persons or firms working under contract with the village for such work.
C.
There shall be no tap, provision for a tap, plugged
tee or other such fitting in the service main between the street main
and the meter inside the building. Any yard hydrant, fountain or hose
must be connected on the building side of the meter or service.
D.
All service pipe shall be of the best grade and weight
standard, Type K copper tubing of sizes through two (2) inches, meeting
AWWA Specification 7S-CR. Service pipe over two (2) inches shall be
cast iron or ductile iron meeting AWWA Specifications C106-62 and
C151-65, respectively. All pipe shall be rated for service of one
hundred fifty (150) pounds per square inch or greater. No service
shall be less than three-fourths (3/4) inch.
E.
Service pipe shall be laid not less than four and
one-half (4 1/2) feet below the surface of grade, and its vertical
and horizontal alignment in relation to any sewer or other parallel
pipe shall conform to Health Department standards and other village
local laws.
F.
Only one (1) property or property unit shall be supplied
through a single service pipe. Should repairs to the service main
or its appurtenances and fixtures become necessary to prevent waste
of water or to maintain service, the repair and the cost of such repair
will be made by and at the expense of the public district if the defect
is located between the street main and the curb stop. If the defect
is between the curb stop and the building, the repair and full cost
of such repair shall be the responsibility of the owner of the premises.
Failure to immediately repair such defect shall cause the Water Department
to turn off the water at the curb stop.
G.
Every service main shall have a cock or other approved
valved tap in the main, an inverted key stop cock or other approved
valve with a metal protecting box at the curb or property line and
a gate valve or other approved valve just before the meter. It shall
be the duty and responsibility of the property owner to keep the curb
box in good repair, above ground and accessible at all times.
H.
No persons except village personnel or those acting
with permission of the Village of Fishkill shall open or close any
valve on the street mains or services or any cocks in any curb box
or molest or interfere with same in any way whatever.
I.
Authorized personnel of the Village of Fishkill Water
Department or other persons authorized by the Village Board of Trustees
may at any reasonable time and upon reasonable notice enter a building
or upon premises where water is used from supply pipes connected to
the street mains for the purposes of examining such pipes and materials
which have been installed. Prior to making such entry, the Water Department
personnel shall first obtain permission from the legal occupant to
enter (or, if the premises are unoccupied, from the owner of the subject
premises).
All owners of property located within the Village
of Fishkill or a municipal water district supplied by the Village
of Fishkill shall use only potable water as a source of water supply.
Nonpotable water is defined as any source of water other than from
a municipally owned water system.
Water used for building purposes shall be charged
to the owner of the property. The amount consumed shall be metered
or estimated by the Village Board or its duly authorized representative
at its option.
No water main shall be tapped for, nor any service
main extended outside the boundaries of any water district, except
on special application therefor filed with the Village Board and a
special permit therefor granted and issued by the Village Board. The
Village Board shall impose such conditions upon the granting of the
permit as shall be deemed fitting and proper by it and shall impose
and collect such water rents and charges for such water service as
it deems appropriate.
Except as otherwise expressly provided for,
violation of these rules and regulations is punishable by a fine for
each violation not exceeding two hundred fifty dollars ($250.) or
imprisonment for a period not to exceed fifteen (15) days, or both,
and each day said violation continues shall constitute a separate
violation. The proper local authorities of the village, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent unlawful violation of these rules and regulations and to
restrain, correct or abate such violation or to prevent any illegal
action, conduct or use in or about said water district.
The Village Board reserves the right to change,
modify, supplement or amend these rules and regulations from time
to time. The right is also reserved to make such additional rules
and regulations which to the Village Board seems best to regulate
the water supply and the proper and efficient administration of the
Village Water District and to make contracts for the use of water
in special cases.