[Adopted 9-10-1979 by L.L. No. 4-1979]
A.
The following rules and regulations are established
by the Town Board of the Town of Kent, New York, as the rules and
regulations of the Town of Kent Water District No. 1. The Town Board
reserves the right to make such changes in these rules and regulations
as it may from time to time deem desirable.
B.
AGENT
BOARD
OWNER, CONSUMER and/or USER
SUPERINTENDENT
WATER DISTRICT or DISTRICT
WATER DISTRICT SUPERVISORY COMMITTEE
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The plumber authorized by the Board to render maintenance
service to the district. He shall possess the qualifications necessary
for certification by the State Health Department for Water District
operation.
The Town Board of the Town of Kent.
The person or persons owning the premises connected with
the mains and/or using water therefrom.
The Superintendent, a member of the Town Board, duly appointed
by the Board to supervise the operation of the water system supplying
said district. Appeals from decisions of the "Superintendent" shall
be to the Board acting as a Board of Water Commissioners.
The Town of Kent Water District No. 1.
The Supervisory Committee duly appointed by the Board, consisting
of not more than five persons nor less than three persons who shall
be registered voters in the Town of Kent and consumers of the Water
District.
C.
Every owner, consumer or taker of water from the system
of said district shall be in all respects bound by and shall be considered
to have assented to the rules, regulations and requirements of said
Board, as herein set forth or as hereinafter amended.
D.
No person or corporation shall be allowed to use the
water of the district for any purpose whatever, nor to connect with
the mains, without first making application therefor on a form provided.
Application forms may be obtained from the Town Clerk or from the
Superintendent. Applications must be signed by the owner of the property
or by an agent holding legal authorization to sign for said owner.
In case of signature by an agent, a copy of the owner's authorization
to sign must be filed with the application.
E.
No person or persons shall be permitted to take water
from the fire hydrants to sprinkle any street or portions of the streets,
or for any other purpose, without having first obtained a permit from
the Superintendent, which permit shall be good only for the time named
therein. This shall not preclude the inspection and operation of the
fire hydrants by members of fire companies in performance of their
official duties or by the agent for purposes of maintenance or repair
of the system.
All tapping and the making of connections with
the mains or water pipes of the district shall be made only upon application
to and written authorization from the Board. In determining whether
or not to authorize an application for a connection, the Board shall
consider the effect which such connection would have on the district's
existing facilities and its ability to provide quality service to
its consumers. Violation of this regulation shall authorize the Superintendent
to shut off the water without notice. Tapping shall be done or supervised
by the agent.
A.
Installation of service lines from main to building
shall be done by the owner of the premises, at his own cost and expense,
under the supervision of and subject to the inspection of the agent
of Kent Water District No. 1.
B.
All trenches for service lines shall have a minimum
depth of four feet. The location of the service line shall be as designated
by the agent.
C.
Except with the written permission of the Superintendent,
a separate tap and service shall be installed for each building used
for residence purposes and located on the street in which there is
a district water main, and no consumer shall be allowed to supply
water to other persons or premises.
D.
The size of the tap to be made will be determined
by the agent.
E.
Costs of service lines and taps.
[Amended 4-20-2009 by L.L. No. 3-2009; 3-7-2017 by L.L. No. 2-2017]
(1)
The fees for the installation of a service line from
the main to the approximate property line, and including the tapping
of the main, will be set by resolution of the Town Board and will
be included on the Town fee schedule.[1]
(a)
Three-fourths-inch taps, including excavation, tubing,
fittings, curb box, tapping of main, backfill and patching: as set
from time to time by resolution of the Town Board.
(b)
One-inch tap, based same as above: as set from time
to time by resolution of the Town Board.
(c)
The fee for all other size taps shall be as set from
time to time by resolution of the Town Board.
(d)
Charges, per foot, of copper tubing from the curb
box to the building: three-fourths-inch and one-inch: as set from
time to time by resolution of the Town Board.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
(2)
These charges are to include copper tubing, fittings and labor; the
fees do not include excavating or backfill.
(3)
Where a land subdivider, developer and/or builder
has, at his own expense, constructed mains, laterals and service lines
from the main to the approximate property line to the structure and/or
dwelling, and being the primary developer of said subdivision, the
charge shall be as set from time to time by resolution of the Town
Board for each tap, including the inspection fee and appurtenant costs.
F.
[2]All curb boxes once set shall be adjusted to changes in
grades and shall be kept accessible and in repair by the owner. No
person shall turn on or shut off any curb cock controlling any service
line without the permission of the Superintendent. In such case, the
Superintendent is authorized to order the water to be shut off or
turned on as he deems appropriate.
[2]
Editor’s Note: Former Subsection F, regarding the fee
for services two inches and larger, was repealed 3-7-2017 by L.L.
No. 2-2017. This local law also redesignated former Subsection G as
Subsection F.
A.
Installation. Meters may be installed in the Water
District, and, if they should be so installed, the following considerations
shall apply:
(1)
Fees.
[Amended 4-20-2009 by L.L. No. 3-2009]
(a)
Meters may be installed by Kent Water District No.
1 upon the payment of such charges as may be set from time to time
by resolution of the Town Board.
(b)
The fee for all other sizes shall be as set from time
to time by resolution of the Town Board.
(c)
These fees shall be reviewed and/or revised by the
Board each year.
(2)
Meters will remain the property of the district. The
user will furnish a suitable shutoff or cock valve on the inlet side,
and the user shall furnish an additional one on the outlet side of
the meter. The meter will be set by the Superintendent or agent, but
the user shall make suitable provisions so that it may be set in a
horizontal position not more than three feet from where the service
line enters the building.
B.
The Superintendent or agent or any district employees,
in the performance of their duties, shall be permitted to enter the
premises of any consumer between the hours of 8:00 a.m. and 5:00 p.m.
to examine the meter, pipes and fixtures and make a record of the
manner of its use. If any violation of these rules and regulations
is found to exist, the Superintendent shall order its correction,
and if it is not corrected within 24 hours thereafter, water may be
shut off until such violation is remedied.
C.
No person other than employees of the district or
the agent shall interfere with or remove any water meter, coupling
or shutoff from any service pipe after it has been installed, and
the owner of the premises shall be held strictly responsible for any
violation of this regulation. In case of violation, the Superintendent
shall have the authorization to order the water to be shut off until
the condition is repaired.
D.
Whenever any meter seal is found to be broken, the
meter will be tested at the expense of the owner.
E.
Any meter damaged by frost or freezing or by hot water
backing into the meter, or in any other way due to the negligence
of the consumer, shall pay for said repairs within 30 days after presentation
of the bill therefor. The charge for such repairs shall include the
cost for the removing, repairing and replacing of said meter. The
minimum charge therefor shall be as set from time to time by resolution
of the Town Board.[1] This charge is to be reviewed and/or revised by the Board
from time to time. Any meters removed by other than employees of the
district or the agent will be replaced by the district at the expense
of the owner.[2]
F.
Every meter shall be kept unobstructed and easily
accessible to the district employees or agent. No meter shall be placed
in a coal- or woodbin.
G.
All meters are tested for accuracy before installation.
If any meter is found to be defective, it will be changed by order
of the Superintendent. In case of its ceasing to register accurately,
the account will be adjusted by taking the average shown by another
meter or an amount equivalent or proportional to that charged during
a previous corresponding period. Consumers, on written request, may
have their meters tested by the Superintendent upon the payment of
a fee as set from time to time by resolution of the Town Board,[3] which shall be remitted if the meter so tested is found
to register inaccurately to the extent of 3% either way. This test
may be witnessed by the applicant. Fees are to be reviewed from time
to time by the Board.[4]
H.
No more than one meter will be furnished for each
tap.
I.
In the event that the meter reader is unable to enter
upon the premises to read the meter, and provided that he has made
two attempts to do so, the water bill may be computed by a method
to be determined by the Board.
J.
Meters must be installed within the premises to which
they pertain.
A.
Should an owner wish to discontinue the service line,
he shall notify the Superintendent, who will cause the service line
to be cut off at the main and the main to be plugged. The owner shall
be liable for any expenses incident to such disconnection and, in
the event of his later desiring to renew the service, shall pay for
the same just as if the original service had never existed.
B.
Turn on and turn off. Water shall be turned on and
off only by the agent or an employee of the Water District, except
in cases of emergency, when immediate notice thereof must be given
to the Superintendent. Violation of this rule shall be sufficient
cause for cutting off the supply of water.
A.
The Water District shall not be liable for any damages
which may result to consumer's pipes, appliances, etc., from the shutting
off of water mains or service pipes for any purpose whatever, whether
previous notice has been given or not. In cases where boilers are
directly supplied with water, a suitable valve or other device should
be applied to prevent collapse or explosion in case the water is shut
off in the street mains. No deductions from water bills will be made
for periods when the service is shut off due to accidents or repairs.
The Water District shall not be held liable for any damage sustained
by reason of its failure to supply water to any consumer at any time
or for any cause and reserves the right to control the amount of water
supplied in the event that the supply becomes short for any reason.
B.
The Water District does not guarantee service from
main to house or through any piping, valves or connections therein.
(Faulty service or inadequate supply is frequently due to corroding
or stopping of pipes and fixtures.) Any necessary changes in piping,
valves or connections to increase the water supply or its efficiency
must be made by the owner at his own expense.
C.
The Board reserves to itself the control of all taps,
mains, curb cocks and meters. It also reserves the right, whenever
the Board deems it proper or whenever there is a violation of the
rules and regulations, to take charge of control of the service pipes.
The district will not be accountable for any breaks or obstructions
caused by frost or otherwise, or from any damage arising by leakage
from service pipes, fixtures or pipes owned by individuals. The district
will not thaw out or pay for the thawing out of frozen service lines.
The owner must keep the service lines from main
to building and his plumbing fixtures in good repair and, at his own
expense, must prevent all unnecessary waste of water. The owner shall
be liable for such repairs as may be deemed necessary to prevent water
waste. Upon failure to comply with this rule, the Superintendent may
turn off the water and not turn it on again until the repairs are
made.
A.
Tap-in charges. The Board shall from time to time
determine the amount of a tap-in charge to be paid by all consumers
prior to tapping and making of connection with the mains or water
pipes of the district.
B.
There will be a yearly rate for use of water by consumers
in Kent Water District No. 1. The yearly rate for each consumer shall
be determined by the Board from time to time by dividing the district
budget by the total number of consumers. New subscribers need only
pay on a prorated basis for the balance of the year in which the use
began.
A.
Checks or money orders for the payment of water bills
or water charges shall be made payable to the Town of Kent. Bills
will be included in the Town tax bills and shall become due and payable
at the same time as the Town tax.
B.
For bills remaining unpaid at the end of 60 days after
becoming due, the water may be shut off and not be turned on again
until the bill is paid. This shall not limit any other remedies available
by law.
C.
The payment of water bills must include all arrears
and charges to date. No payment will be received which leaves a previous
charge unpaid. Water bills are a lien on the property upon which or
in connection with which the water was used. All water bills must
be paid by the owner of the premises.
Service of any notice authorized or directed
by or on behalf of the Water District may be made upon the owner or
consumer personally, by leaving the same at the premises where the
water is supplied or by sending the same by mail to such party at
the last address furnished.
[Amended 8-1-1983 by L.L. No. 5-1983]
The schedule of water rates, effective as of
August 21, 1981, shall be:
A.
A Water District Supervisory Committee consisting
of not more than five nor less than three persons will be appointed
by the Board to serve at the pleasure of the Board. These persons
shall be registered voters in the Town of Kent and shall be consumers
of the Water District.
B.
This Committee shall:
(1)
Provide advice and counsel to the Superintendent and
to the Board in regard to all Water District matters.
(2)
Advise and coordinate with the Town of Kent budget
officer in the formulation of the district budget and shall appear
at the Town budget hearings to discuss the district budget.
(3)
Monitor all expenses incurred by the district and
advise the Board of its findings and recommendations.
(4)
Participate in all negotiations relative to contracts
to be entered into by the district.
(5)
Perform such additional tasks as may be requested
by the Board.
(6)
Serve without salary or recompense of expenses.
[Amended 8-1-1988 by L.L. No. 6-1988]
A.
The Board reserves the right in periods of drought
or emergency or when deemed essential to the protection of the public
health, safety or welfare to restrict, curtail or prohibit the use
of water for secondary purposes, such as sprinkling, car washing or
filling swimming pools, and shall have the right to fix the hours
and periods when water may be used for such purposes.
B.
A violation of any provision of this section shall
be punishable by a fine not exceeding $50 for the first offense and
a fine not exceeding $100 for each additional offense.
