[Adopted 9-22-2005 by L.L. No. 4-2005]
The Town Board of the Town of Chautauqua does hereby adopt and ordain the following rules and regulations to govern and control Water District No. 1 in the Town of Chautauqua, sometimes referred to as the "Sandalwood Water District," and does hereby repeal and revoke any previous rules and regulations, resolutions, motions, etc., insofar as they conflict with this article. This article shall be considered as a part of the contract with all parties now or hereafter taking and using water furnished by such water district.
For the introduction of water into any premises or for the extension of any pipe for the conveyance of water within the Sandalwood Water District, an application in writing must be made to the Town Clerk of the Town of Chautauqua by the owner of the real property, or a duly authorized agent, on the application form furnished for that purpose by the Town Clerk. Such application shall be accompanied by the water tap fee, which shall be made payable to the "Town of Chautauqua Water District No. 1."
Each and every property to be supplied water shall have a separate water service pipe. The Sandalwood Water District or its duly authorized agents (hereinafter referred to collectively as the "Water District") shall make all connections to mains and street valves, or shall directly supervise said connections. No person, other than an employee of the Water District, shall be permitted to turn water on or off at any street valve unless written permission has first been given by the Water District. No person shall tamper with any water main or street valve.
The location of each street valve and curb box shall be determined by the Water District. Generally, the location of the street valve will be established at the property line of the customer to be served.
All service pipe installation and maintenance shall be the responsibility of the property owner. Pipe may be Type K copper or PVC plastic as may be determined by the Water District. Use of bushings or other fittings prone to failure due to rust or corrosion is strictly prohibited.
All service pipes must be at a depth below the frost line and not less than four feet below finished grade and laid in a straight line at a right angle to the street. Every service pipe must be inspected and tested by the Water District before it is covered or concealed. No connections are permitted in a service pipe between the street valve and the primary structure in order to serve another structure. PVC plastic pipe shall be installed with a metallic pipe locating tape or wire as approved by the Water District.
Water service pipes shall be so located as to be adequately protected against frost damage.
The fee for all hook-ups to the Town water lines (whether inside or outside the Water District) to the consumer property line/curb stop will be $1,500.00 plus the cost of time and materials of the Water District. Once the tap is in place, the installation and materials of the water service and meter from the curb stop to the consumer are the responsibility of the owner.
All individual water services established in the Water District after the effective date of this article shall be metered. All other services presently existing in the Water District shall install meters at the owner's expense no later than September 1, 2006.
All premises taking water service, and all premises applying for same, must be accessible and open to inspection by Water District personnel at all reasonable hours. In the event that the premises are not made available to the Water Department for purposes of inspection, the Water District reserves the right to shut off the water service.
The Water District and the Village of Mayville, which supplies water to the district, have the right to shut off water services in case of fire, repairs or for such other reason deemed necessary. When possible, the Water District shall attempt to give due notice by telephone, mail, newspaper, radio, television broadcast, or in person to consumers affected thereby. Consumers are cautioned to take whatever steps they deem necessary to prevent damage to boilers or other apparatus that may be affected. However, in no case shall the Water District or Village of Mayville be held liable for any interruption in water service for any cause whatsoever, and the Water District, the Town of Chautauqua and the Village of Mayville shall further not be liable for any damage caused by the bursting or breaking of any main or service pipe or any attachment made to the water system.
No person shall on any pretense or for any reason be permitted to waste water. In case any person deliberately, intentionally or unnecessarily wastes or allows to be wasted any water upon his premises, upon the discovery of such willful waste, the water to said customer may be shut of by the Water District until it is satisfied that the waste of water will be stopped.
The Water District shall endeavor to thaw frozen water services at no charge to the customer. However, the Water District is not obligated to thaw said frozen services and is not liable for any action in attempting to thaw the service. In the event that the service cannot be thawed in a reasonable amount of time, the customer will be advised to obtain the services of a plumber.
The Water District may suggest that the customer leave water flowing to prevent refreezing; however, no adjustment will be made to the customer's bill for the extra water consumed. The Water District will not attempt to re-thaw a frozen service where the customer has not let the water run when this method has been recommended by the Water District.
Billing shall be done on an annual basis, as part of the county/Town real property tax bill, or at such other periods as may be determined by the Town Board of the Town of Chautauqua, and shall be payable to the Town of Chautauqua Tax Collector. Unpaid water bills or other water service charges shall become a levy placed on the succeeding year's real property taxes for the affected property.
Water rates shall be fixed in the budget of the Town of Chautauqua, and shall be based on, but not necessarily the same as, prevailing Village of Mayville rates. Such rates may change from year to year as the Town Board deems necessary. Until all units in the Water District are metered, water rates, in general, shall be determined by dividing the total charge for water used by unmetered water services within the Water District by the number of unmetered water services, except that permanent customers of the Water District may be charged more than seasonal customers.
Service fees shall be charged according to the schedule established from time to time by resolution of the Town Board and shall have the same effect as if they were fully set forth in this article. Said fee; shall include, but are not limited to, water tap fees, minimum billing charges, reconnection fees, miscellaneous service charges, and any other appropriate fee for water services that may be established in the resolution. All such fees shall be payable to the Town Clerk of the Town of Chautauqua.
No billing shall be prorated, in regard to the minimum customer charge, when an old customer leaves the system or a new customer comes into the system. Each bill rendered will have the full minimum customer charge.
A seasonal customer is one who has his water service turned off for one or more quarters in any calendar year.
Every premises connected to a water main will incur a service billing, regardless of whether water is used or not, whether the occupancy is seasonal or occasional, or whether the structure or lot is vacant.
No bill will be rendered where the service connection has been disconnected and capped at the street valve by the Water District. However, a new tap charge will apply before water is restored to a service that has been disconnected at the street.
The addition of new water wells within the Water District could lessen the quality and/or quantity of water available for its customers and might lead to uncontrolled infiltration or contamination of the water aquifer supplying the Village of Mayville water system by which the water is supplied. Due to this potential substantial health and safety threat, it is hereby prohibited to drill new private water wells within the geographic confines of the Water District. Nothing in this article shall restrict the Town of Chautauqua from drilling new water wells to increase the source of supply to the municipal water system.
The Water District will make all customer-requested water service turn-ons and turn-offs at no charge to the customer between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, excluding holidays. All such requests during all other hours shall require payment of a service charge as established in the rates as adopted by the Town.
Water pressures will vary throughout the service area of the Water District. Customers are cautioned that pressure could reach 200 PSI. It shall be the responsibility of each customer to take necessary steps to increase or reduce water pressure at their own expense to suit their individual requirements.
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the Water District and is satisfactory to the public health agency having jurisdiction with regard to quality and safety.
Each service connection from a public water system for supplying water to premises, on which any substance is handled under pressure in such fashion as to permit entry into the water system, shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.
Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected against backflow of the water from premises into the public system. Examples are plating factories using cyanide and hospitals. This is not intended to apply to normal household installations.
Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the Water District. It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department.
Backflow devices shall be an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection.
Users of such connections shall submit plans for the installation of protective devices to the Water District and/or the state for approval.
All protective devices shall be tested at least annually, and records of such shall be made available to and maintained by the Water District. Such tests shall be conducted by certified backflow prevention device testers pursuant to the New York State Department of Health requirements.
The additional requirements of the Village of Mayville Local Law No. 2-1973, "A Local Law Regulating Cross-Connections in the Public Water System," are incorporated herein by reference and shall apply within the Water District.
Failure to comply with any provision of this article or rules or regulations adopted pursuant to this article shall be deemed a violation and the violator shall be liable for a fine of not more than $250.00 or imprisonment of not more than 15 days, or both, and each day such violation continues shall constitute a separate violation.