For the purpose of this article, certain words and terms used herein are defined as follows:
(AMERICAN SOCIETY OF SANITARY ENGINEERING)
The rules, regulations, standards and specifications which are from time to time adopted by the A.S.S.E.
AWWA
The American Water Works Association.
CONSUMER
The person or party using the water provided to the owner's property.
CONTRACTOR
The person or party responsible for the construction or maintenance of the premises or the fixtures attached thereto.
CROSS CONNECTION
Any connection or structural arrangement between a Town and a consumers' potable water system and any nonpotable source or system through which backflow can occur, including bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which, or because of which, backflow can occur.
GENERAL SPECIFICATION FOR PROPERTY DEVELOPMENT
The rules, regulations, standards and specifications regarding property development within the Town of Niagara and which are from time to time adopted by the Town of Niagara Town Board pursuant to the ordinance of this article.
NATIONAL FIRE CODE
The rules, regulations, standards and specifications regarding fire protection which are from time to time adopted by the National Fire Protection Association.
OWNER
The person or party having title to the real property to be served, or said person or party's authorized agent.
PLUMBER
A person with the requisite knowledge and skill to perform any plumbing work required under this article in accordance with the specifications contained herein.
PLUMBING TERMS
This article is very technical in nature and contains many terms and phrases regularly used in the plumbing trade. Whenever such technical terms and phrases are used in this article, they shall adopt the definition contained in the New York State Plumbing Code.
REASONABLE ACCESS AND REASONABLE TIME
Permission of the landowner or tenant to allow Town personal access to the property within 10 days upon receipt of written notice from the Town.
SERVICE CONNECTION AND SERVICE LINES
All those pipes, fittings and connections used for the supply of water and located between the water main and up to and including the water meter.
SUPERINTENDENT
The Superintendent of the Town of Niagara Water Department.
TOWN
The Town of Niagara, New York, or the Town of Niagara Water Improvement area located within the Town.
TOWN BOARD
The Town Board of the Town of Niagara, New York.
TOWN WATER
The water piped, transported or pumped by the Town.
UNI-BELL PLASTIC ASSOCIATION STANDARDS
The rules, regulations, standards and specifications regarding the installation and standards of plastic pipe, and which are from time to time adopted by the UNI-Bell Plastic Pipe Association, unless otherwise specified in this article.
WATER DEPARTMENT
The Water Department of the Town of Niagara, New York.
A. 
The position of Superintendent shall be a civil service position governed by the New York State Civil Service. The Superintendent shall be appointed by the Town Board in accordance with said Civil Service Law.
B. 
The Superintendent shall have responsibility for and be in charge of the Town Water Department. The duties of Superintendent shall be to:
(1) 
Take water samples for bacteriological and chemical analysis.
(2) 
Oversee the repair and construction of water mains, hydrants, meters and service connections.
(3) 
Investigate complaints regarding the quality of water.
(4) 
Purchase repair parts and supplies.
(5) 
Train employees in meter, main and service line repairs.
(6) 
Oversee the clerical and business management activities of the department.
(7) 
Direct waterworks construction.
(8) 
Read meters.
(9) 
Coordinate Water Department activities with the work of other departments and outside agencies.
(10) 
Attend Town Board meetings, as necessary.
(11) 
Be in charge of and responsible for the effectuation and enforcement of this article.
(12) 
At least once a year calculate the monetary cost to the Town and Water Department of performing the various tasks and supplying the materials, the cost of which is to be charged to owners.
C. 
The Superintendent shall have the authority to determine any question which is not fully covered by any of the provisions contained in this article by applying the spirit and policy of this article which is to provide quality water service to all consumers with the cost of such water service borne by the consumer or owner in proportion to the expense his or her service involves. Such decisions shall be final unless reversed by the Town Board.
D. 
The Superintendent shall establish rules governing and directing the conduct of the employees of the Water Department, such rules being in conformance with the applicable union contract in effect at any particular time. The violation of any said rule shall be a sufficient cause for discharge from the Town service in accordance with such union contract.
E. 
The Superintendent shall have such other and further powers as are provided for in this article.
The Superintendent, under the sole direction of the Town Board, and upon consultation with others as appropriate, shall be the sole judge of the meaning of the provisions of this article. His or her interpretation shall be final and binding on all applicants, consumers and owners accepting or using Town water.
All premises within the Town requiring the use of water shall have connection with and exclusively use Town water.
Except as specifically provided for herein, no tap or connection shall be made on or to the Town water system except pursuant to a written, permit issued by the Town Board or Water Department, and with express approval of all work to be performed and materials to be used.
Except as specifically provided for herein, all water provided to any owner or consumer by the Water Department shall be metered.
[Amended 3-15-2022]
A. 
Each premises or building supplied with Town water shall have its own tap and meter. A premises occupied by more than one consumer shall have a tap and meter for each consumer, except where a premises is used exclusively for dwelling purposes or where one meter or service connection shall be of sufficient size to supply all consumers in the premises or building with a sufficient amount of water.
B. 
Any and all water taps over two inches shall be installed by a contractor hired by the property owner to the specifications in the Town Code with a permit from the Town and are to be inspected by the Town Water and Sewer Department. The property owner will be responsible for all repairs and maintenance from the water main, including the tie-in point to the main, all the way to and including the building. A valve or curb box is required to be placed at or near the right-of-way to shut off service to the building if the need arises.
A. 
Application for permit to obtain Town water for a premises within or outside of the Town shall be made by the owner of the premises to be served. All applications shall be made in writing to the Superintendent and shall contain the following statements and information:
(1) 
The address and nature of the premises to be served.
(2) 
The size and number of connections and meters desired.
(3) 
The name and address of the owner.
(4) 
The number, name and address of the consumers to be served.
(5) 
Plans for the construction of the service connection, if any.
(6) 
The name and address of the plumber who is to construct the service connection.
(7) 
The date on which service is desired to begin.
(8) 
The name and address of the contractor.
(9) 
For premises outside the Town, written authorization by the owner granting the Town and Water Department reasonable access to the premises to perform Water Department functions.
(10) 
Such other information as may from time to time be required by the Water Department.
(11) 
Certificate of insurance of the contractor.
B. 
Time limit for application and decision.
(1) 
Application for service to premises within the Town shall be made at least 30 days prior to the time sought for the beginning of service, and the Superintendent shall either grant or deny such application within seven days of its submission.
(2) 
Applications for service to premises outside the Town shall be made at least 60 days prior to the time sought for the beginning of service, and the Superintendent shall deliver to the Town Board his or her report on the feasibility of providing the service and his or her recommendations for approval or disapproval of the application within 20 days of the submission of the application. The Town Board shall grant or deny the application, either following or disregarding the report and recommendation of the Superintendent, within 30 days of the submission of the application.
C. 
At the time the permit is granted, a fee, as provided for in Appendix I[1] of this article shall be paid by the owner.
[1]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
D. 
The making of an application shall constitute an agreement by the owner to be bound by the following conditions in the event a permit is granted:
(1) 
To be liable for all Water Department charges levied on the premises.
(2) 
To grant the Water Department and its personnel reasonable access to the meter and any portion of the service connection which may be required in order for the water Department to properly perform its functions.
(3) 
To perform all construction and installation of services linked to the Town water system in accordance with the specifications provided for herein.
Any contractor performing plumbing work required to be performed by this article shall be responsible for said plumbing work's compliance with the specifications provided for herein.
[Amended 10-21-2014 by L.L. No. 1-2014]
A. 
Purpose. Potable water supplies are an essential life-supporting element of our natural environment. Such water is continually threatened by contamination or pollution and the possible subsequent creation of health hazards. The Town of Niagara desires to do all that is practicable to prevent such contamination and pollution through the use of safeguard devices. This section assists in the effectuation of such purpose by requiring the installation of backflow prevention devises where these exist. Cross-connections between private and public water systems should avoid backflow into the public water system.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIR-GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. Said air gap shall be at least double the diameter of the supply pipe, as measured vertically above the top rim of the vessel, and in no case be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely, carefully machined to have free moving parts and assured water tightness. The face of the closure element and valve seat shall be bronze, composition, or another noncorrodible material which will seat tightly under all prevalent conditions of field use. Pins and bushings shall be made of bronze or another noncorrodible, nonsticking material machined for easy, dependable operation. The closure element, e.g., the clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is possible. It must be approved by the New York State Department of Health.
APPROVED DOUBLE-CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each size of the check valve assembly, suitable leak-detector drains, and connections for testing the water tightness of each check valve. This device must be approved by the New York State Department of Health.
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, two shutoff valves, and those appurtenances necessary for testing. The device shall operate to maintain the pressure in the zone between the two check valves at less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In the event of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. In order to be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must be approved by the New York State Department of Health.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises, other than the approved water supply.
BAROMETRIC LOOP
A loop of pipe which at its topmost point rises approximately 35 feet above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is certified by the State Health Department to be competent in the testing of backflow prevention devices. Said person shall be provided with an appropriate identification card which must be renewed annually. Said person will hereafter be referred to as "certified inspector."
CROSS-CONNECTION
Any unprotected connection between a water system used or intended to be used to supply water for drinking purposes and any source or system containing water or a substance which is not or cannot be approved as equally safe, wholesome and potable for human consumption.
LOCAL HEALTH DEPARTMENT
The Niagara County Health Department.
VACUUM BREAKER, NONPRESSURE TYPE
A vacuum breaker which is designed not to be reactive to static line pressure.
VACUUM BREAKER, PRESSURE TYPE
A vacuum breaker designed to operate under conditions of static line pressure.
WATER DEPARTMENT
The Town of Niagara Water Department.
WATER USER
The consumer or the person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connections and other sanitary deficiencies pursuant to regulations and laws. It shall be the responsibility of the water users to provide and maintain these protective devices, and each one must be of a type acceptable to the New York State Department of Health.
C. 
Protection of public water system at service connection.
(1) 
Where protection is required.
(a) 
Each service connection between a public water system and premises which have an auxiliary water supply shall be protected against backflow of water from said auxiliary water supply into the public water system, unless said water supply is approved as an additional source by the Water Department and is satisfactory to the public health agency having jurisdiction with regard to quality and safety.
(b) 
Each service connection between a public water system and premises where a substance is handled under pressure in such a manner as to permit entry into the premises' water system shall be protected against the backflow of such premises' water system into the public system. This includes the handling of process waters and those waters originally provided by the public water system which may have deteriorated in sanitary or chemical quality.
(c) 
Each service connection between a public water system and premises where a substance of unusually toxic concentration or danger to health is handled in liquid form, even when not under pressure, shall be protected against the backflow of the water from the premises into the public water system. Examples are plating factories, premises using cyanide, and hospitals. This is not intended to apply to normal household installations.
(d) 
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 Department. It shall be the responsibility of the water users to provide and maintain these protective devices, and each one must be of a type acceptable to the New York State Department of Health.
(e) 
Backflow prevention devices shall be installed on all trucks or other equipment used for the purpose of spraying fertilizers, insecticides, pesticides, or fungicides. Said devices shall prevent the introduction of such chemicals into the public water system when said equipment is being filled with water at fire hydrants or other service connections of the public water system.
(2) 
Type of protection.
(a) 
At the service connection to any premises on which there is an auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double-check valve assembly.
(b) 
At the service connection to any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an air-gap separation or an approved reduced-pressure-principle backflow prevention device.
(c) 
At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly.
(d) 
At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced-pressure-principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.
(e) 
At the service connection to any premises on which any material dangerous to health, or any toxic substance in toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced-pressure-principle backflow device which is acceptable to the Water Department.
(f) 
At the service connection at any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device.
(g) 
Trucks or equipment used for the purpose of spraying fertilizers, insecticides, pesticides and fungicides shall be equipped with a backflow prevention device which is determined to be reasonable and acceptable to the Water Department.
(3) 
Frequency of inspection of protective devices. It shall be the duty of the water user on any premises where backflow prevention is installed to have inspections made at least once a year or more often in those instances where successive inspections indicated repeated failure. Said devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. Tests shall be performed by a certified inspector at the user's expense, and all test results will be delivered to the Water Department within 72 hours after the test is made. Records of such tests, repairs and overhauls shall be kept and made available to the Water Department and the Local Health Department upon request.
D. 
Protection of potable water systems within premises.
(1) 
Separate drinking water systems. If the Water Department determines that it is not practicable to protect drinking water systems on premises against entry of water from a source or piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers.
(2) 
Fire systems. Water systems for firefighting, derived from a supply that cannot be approved as safe or potable for human use, shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In situations where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect those individual drinking water lines not used for firefighting purposes. Any auxiliary firefighting water supply which is not approved for potable purposes but which is so connected that it may be introduced into potable water piping during an emergency shall be equipped with an approved chlorination machine. It is hereby declared to be the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to develop a procedure and utilize such to notify and protect users of this potable water piping system during the emergency, and to effectuate measures to disinfect thoroughly and flush out all pipelines which may become contaminated, prior to the resumption of their use to provide drinking water. If the means used to protect water consumers is disinfection of the auxiliary firefighting supply, said installation and its use shall be thoroughly reliable. The public water supply must be protected against backflow from such dual domestic fire systems.
(3) 
Process waters. Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which said device shall be installed on the feed line to process piping or equipment. In the event the particular process liquid is particularly corrosive or apt to prevent reliable action of the backflow prevention device, air-gap separation shall be provided. All devices shall be tested by the water user at least once a year or more often in those instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. Tests must be performed by a certified inspector at the user's expense, and records of tests, repairs, and replacements shall be kept and made available to the Water Department and the Health Department upon request.
(4) 
Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections which are directly connected to any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant or sewage pumping station.
(5) 
Plumbing connections.
(a) 
Where circumstances are such that there exists a special danger to health from the backflow of sewage into a drinking water system from sewers, toilets, hospital bedpans and the like, a dependable device or devices shall be installed to prevent such a backflow.
(b) 
These regulations do not transcend local plumbing regulations but only are directed at those extraordinary situations where sewage may be forced into, or drawn into, potable drinking water piping. These same regulations do not attempt to eliminate, at the present time, the hazards of back-siphonage through flushometer valves on all toilets but only are directed at those situations where the likelihood of vacuum conditions in a drinking system is definite and thus there is a special danger to health. Devices which avoid back-siphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breakers, and other backflow prevention devices which have been proven by appropriate tests to be dependable in the destruction of a vacuum.
(c) 
Inasmuch as many serious hazards of this kind are caused by water supply piping which is too small, thereby causing vacuum conditions when various fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping which is determined to be too small be enlarged whenever possible.
(6) 
Marking safe and unsafe water lines.
(a) 
Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate such.
(b) 
The local Health Department and the Water Department shall be kept informed of the identity of all persons responsible for the water piping on all premises concerned with these regulations. At each premises where it is necessary, in the opinion of the Water Department, a Water Supervisor shall be designated. The water user shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross-connections.
(c) 
In the event of contamination or pollution of the drinking water system due to a cross-connection of the premises, the local Health Department and Water Department shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to eliminate the contamination.
E. 
Recourse for noncompliance.
(1) 
No water service connection to any premises shall be installed or maintained by the Water Department until the water supply is protected pursuant to state regulations and this section.
(2) 
The providing of water to any premises may be discontinued at the discretion of the Water Department if a backflow prevention device required by this section and regulation is not installed, tested, and maintained. If any defect is found in an installed backflow prevention device, or if it is found that a backflow prevention device has been removed or bypassed, or if unprotected cross-connections exist on the premises, service will be terminated and not be restored until such conditions or defects are corrected.
F. 
Certified inspector's fees. The water user may opt to employ the service of a certified operator employed by the Water Department. The Town Board shall by resolution from time to time set the fees for inspections by said certified inspectors. All such fees will be billed by and be paid to the Water Department on the next quarterly or the final water bill, as the case may be.
G. 
Penalties for offenses.
(1) 
Any person found violating any provision of this section shall be served with a written notice, stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2) 
In the event that such violation is not terminated within the time specified within said notice, the violator shall be liable to the people of the Town of Niagara for a penalty of not more than $1,000.
(3) 
Every week that a violation is allowed to continue beyond the time specified in said notice shall constitute a separate violation.
(4) 
Nothing contained herein shall be prevent the Town of Niagara from exercising such other and additional remedies as are available to it under other local law or state or federal law.
H. 
Reasonable interpretation required; service shutoff; charges.
(1) 
These regulations are to be reasonably interpreted; it is their intent to recognize that there are varying degrees of hazard and to apply the degree of protection which should be commensurate with the degree of hazard.
(2) 
Service shutoff.
(a) 
In case of a violation of this section, the Water Department may shut off the service until the violation is removed and all charges paid, including a charge for turning off or turning on the service.
(b) 
Service charges for turning off or turning on the service shall be set by the Town Board by resolution.
(c) 
Service charges will be added to the quarterly statement or the final billing, as the case may be.
A. 
Except as provided herein, the construction of the service connection from the property line to the premises being served shall be the responsibility of the contractor or owner. All such connections shall be constructed by a plumber and inspected by a representative of the Water Department and shall be constructed in accordance with the specifications provided for in this article.
B. 
Except as provided herein, the Water Department shall tap the water main and construct that portion of the water service system located between the water main and the curb stop, including such curb stop and the protection curb box.
C. 
No service connection shall be made, laid or covered without an inspection by the Superintendent, or his or her duly authorized representative, and then only when he or she shall have approved the work and material and authorized the making and covering of such connections.
D. 
All water service pipes shall be laid not less than four feet below the ground level existing at the time of inspection. All service pipes shall be laid on solid ground in a separate trench at least three feet distant horizontally from any other underground facility. Except where the Superintendent specifically finds it to be an extraordinary case, including where solid rock is encountered, the placing of water service pipe in the same trench as that occupied by a sewer pipe, gasoline pipe or other utility lateral connection shall not be permitted.
E. 
When unions are installed on a service connection, a pressure test of 150 pounds for one hour shall be made.
F. 
The service connection pipe shall be of sufficient size to furnish an adequate supply of water to meet the requirement of the building or premises at peak demand. No water service pipe shall be smaller that 3/4 inch nominal size, except where direct supply flush valves are supplied and then such pipe shall be at least 11/2 inches nominal size. All service pipe shall be American-made type K copper tubing or plastic pipe.
G. 
All plastic pipes utilized for service lines shall have a working pressure of not less than 150 pounds per square inch.
H. 
All plastic pipes used for service lines shall conform to the UNI-Bell Plastic Pipe Association standards and the AWWA, unless otherwise specified.
I. 
All water services sized 3/4 inch and one inch shall have installed over the curb stop a standard curb box No. 93 interchangeable with the old Buffalo Foundry style pattern. Curb boxes for one-and-one-half-inch and two-inch service shall have installed over the curb stop a standard 41/4 inch No. 145R curb box interchangeable with the old Buffalo Foundry style pattern of 41/4 inch.
J. 
Meter couplings shall connect directly into all meter angles or gate valves on all service pipe lines. Metered valves shall be installed in the water service pipe lines inside of the premises to be served within three feet of the point of entry unless otherwise approved by the Superintendent.
K. 
All service lines shall have one backflow preventor and one valve installed on the outlet side of the meter before any other connections are installed on such service line.
L. 
No sweat fittings shall be allowed underground or under buildings.
M. 
In all systems where coils or other devices are installed in a heating furnace or separate heating device for the purpose of providing hot water, a pressure relief valve, approved by the Superintendent, shall be installed by the owner in the tank and/or the supply pipe between the meter and the heating device.
N. 
Except as otherwise provided for in this article, there shall be a charge as provided for in Appendix II[1] of this article payable to the Water Department at the time the water to any premises is turned on at the curb box, except that this charge shall not apply when the water had been turned off at the curb box for the purpose of repairing the service connection or other plumbing fixtures that required such turning off.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
O. 
Except as otherwise provided for in this article, there shall be no charge for turning the water off to any premises at the curb box.
P. 
Lawn sprinkler pipe systems shall be permitted only where the use of water for that purpose will not adversely affect regular service to neighboring consumers at periods of peak demand. The size and arrangement of pumps, if any, valves and other appurtenances shall meet the requirements and specifications of the Water Department. The supply pipe to a lawn sprinkler system shall be equipped with a vacuum breaker at least 12 inches above the highest sprinkler or discharge outlet of the system. All piping and material shall meet the requirements of the New York State Uniform Fire Prevention and Building Code applicable to plumbing.
A. 
All meters used in any premises served by the Town water system shall be furnished by the Town and shall remain the property of the Town. Unless otherwise provided for herein, each meter and touchpad shall be installed and sealed by the Town upon payment of the required permit fee.
B. 
All water meters shall be installed the same size as the service line connecting thereto.
C. 
The service connection and the plumbing in the premises to be served shall be so arranged that the meter can be placed in a horizontal position not more that three feet from the point at which the service enters the building and shall be located where the Town can have easy access for reading and/or removing the meter. The owner or contractor shall install a suitable stop and waste valve between the point where the service enters the building and where the service connects to the meter. The meter shall connect directly into said valve. Notwithstanding any of the above provisions, the Superintendent must approve the location of all meters.
D. 
The Superintendent, or his or her representative, shall have the right to enter, at any reasonable time, any premises where a meter is installed for the purpose of testing, examining, repairing or removing a meter when, in the opinion of the Superintendent, said meter is in need of such attention.
E. 
Testing meters. If a meter is removed for testing purposes at the request of a consumer or owner of the premises, a testing deposit shall be submitted to the Water Department with an "application for water meter test" work order. Said deposit shall be as provided for in Appendix II[1] of this article.
(1) 
If, upon testing, a meter is found to be overregistering, the deposit shall be returned.
(2) 
If, upon testing, a meter is found to be correct or underregistering, the testing deposit shall be retained by the Water Department.
(3) 
Any water meter found to be overregistering or underregistering shall be recalibrated and/or a new meter installed and set without charges and the water billings for the present period and last prior period shall be corrected. All water meters shall be tested within the standards set by the American Water Works Association for such tests. The corrected bill shall be based and computed by reference to the average of the three meter tests performed.
(4) 
If it is found that the meter is stopped or failed to register, the quantity of water consumed shall be taken to be the same as that of the corresponding period of the previous year, and the bill rendered accordingly.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
F. 
It shall be the policy of the Superintendent to make periodic tests at approximately six-year intervals of all meters of size one inch and smaller without charges to the owner or consumer. The failure of the Superintendent to make such tests shall in no way give rise to the assumption that the meters are registering incorrectly.
G. 
Where repairs to the meter are necessitated by the normal deterioration or wear and tear on the meter through use, the cost of repairing such meter shall be borne by the Town. Where repairs are necessitated to the meter for any other reason, including neglect on the part of the consumer or owner, or damage caused by freezing or by hot water backing through the meter, the owner shall be charged for the cost of the repairs; however, such cost shall not exceed the cost of purchasing a new meter of the same size. All prices charged to the owner shall be based on the cost of meters and meter parts to the Town.
A. 
The contractor or owner shall furnish all labor, material and equipment to completely install the water meter vaults. The Town will install the water meter vaults only when the owner provides for such Town installation in his or her application for Town water service, and supplies the Town with all materials for such installation. Regardless of the party performing the installation or construction, all water meter vaults shall be constructed to the specifications provided for herein.
B. 
The double-lid cast-iron meter box cover shall be Mueller H-10810 or equal for use in cold weather climate and the contractor shall provide Pentagon Keys Number H-10821 for the above cast-iron cover. The iron yoke shall be Mueller H-10846 or equal and shall be installed with a minimum of 18 inches from the top of the meter vault to the top of the meter. A minimum of four inches of gravel shall be installed under all meter vaults, stone to be three-fourths-inch maximum run. Crushed stone slag shall not be permitted. Meters 5/8 inch by 3/4 inch shall have a vault with a minimum size of 18 inches diameter and three feet in depth. Meters one inch in size shall have a vault with a minimum size of 24 inches in diameter and three feet in depth. Meters over two inches in size shall be installed in a concrete vault. Concrete vaults shall be installed to Town specifications as provided for in this article.
A. 
The discovery and repair of leaks or other damage or malfunction in any part of the service connection is the responsibility of the owner unless otherwise provided for herein. The Water Department shall, at its own expense, repair, replace and otherwise maintain only that portion of the individual water service connection located between the water main and the curb stop, including the curb stop and the curb box. The Water Department shall not be liable for such expense and repair if the damage to that portion of the water service connection is the result of the owner's or consumer's negligence.
B. 
In the event that the Water Department suspects or discovers a leak, freeze or other defect in the service connection or other water service, the maintenance of which is the responsibility of the owner, the Water Department shall have the authority to immediately turn off the water to said connection or service, and shall promptly give written notice to the owner of the premises served by said connection informing him or her of the existence or suspicion of such condition. All repairs and maintenance to any service connection shall be performed promptly in accordance with the specifications and requirement provided for in this article relative to the original construction and installation of service connection and shall be made only with the approval and knowledge of the Water Department. Services disconnected in the manner provided for herein shall not be restored until the Water Department is satisfied that the condition has been remedied or solved. All cost of the disconnection or discontinuing of the water service and the inspection and reconnection of such service shall be borne by the owner, and such cost shall be billed to the owner on the next water bill for the premises.
C. 
Prior to the commencement of any repair, the owner or contractor shall obtain a permit from the Superintendent.
A. 
The Water Department may install water taps on water lines for contractors or subdividers, provided that such water lines are located within the Town. Such water taps shall be for the purpose of chlorinating, filling the water lines for pressure testing or for the construction of service lines.
B. 
A permit fee pursuant to Appendix I[1] of this article shall be paid to the Water Department prior to the installation of each water tap.
[1]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
C. 
All requests for the water taps herein provided for shall be made at least 20 days prior to the date on which such taps are desired to be made, unless otherwise provided for by the Superintendent.
D. 
All corporation stops required for the installation of the water taps herein provided for must be supplied by the contractor or subdivider, at no cost to the Town or Water Department.
A. 
There shall be a charge for the metered use of water computed quarterly pursuant to the rates provided for in Appendix I[1] of this article.
[1]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
B. 
Reading meters.
(1) 
All meters shall be read quarterly by Water Department personnel, the owner or the consumer, and the meter reading thereby obtained shall be delivered to the Town Hall by the 10th day of the following month.
(2) 
If no meter reading is taken or received by the Water Department within five days prior to the billing period, except as provided for in Subsection B(4) of this section, the water use charges for the affected premises for that quarter shall be the minimum charges or calculated on an estimate of water use made by the Water Department based upon the water usage for the corresponding period of the previous year, whichever amount is greater. When a meter reading is subsequently taken by the Water Department or received by the Water Department, a corrected bill for the affected quarterly period shall be prepared and shall be due the same date as the original bill for that quarterly period.
(3) 
It shall be the policy of the Water Department to read all water meters at least once a year, but the failure of the Water Department to read any meter for any period of time shall not obligate the Water Department to read that meter or cause the validity of the water use charges assessed for that meter to be invalidated.
(4) 
If the Water Department shall attempt to read a meter and is unable to read the meter after two consecutive attempts, and after the giving of notice of such attempts to the owner or consumer, and if the owner or consumer fails to make an appointment for the reading of the meter prior to the date of the preparation of the premises water bill next due, a bill for water use charges in the amount of three times the minimum quarterly charge, or a bill calculated on a Water Department estimate of water use, whichever amount is the greater, shall be prepared and billed to the owner each quarter until such time as the meter is read by the Water Department. When a meter reading is subsequently taken by the Water Department, a corrected bill for the affected quarterly period shall be prepared and shall be due the same date as the original bill for that quarterly period.
(5) 
A charge for estimated water usage shall be included in the water bill in the same manner as if it had been arrived at by reading the meter, except that the charges shall indicate that it is based on an estimate of water use.
(6) 
Except as otherwise provided for in this article, if a meter reading is made by the Water Department after an estimated bill is prepared, or after a bill is prepared pursuant to Subsection B(4) of this section, and a credit is due based on said reading, said credit shall appear on the next succeeding quarterly billing.
(7) 
If three successive estimated water use bills remain due and unpaid for any premises, and if no water meter reading is taken before September 30 of the current year, such bills shall be applied to the taxes levied against the premises, and any credit that a subsequent meter reading indicates is due to the owner shall be forfeited.
A. 
All charges, fees and penalties provided for in this article shall be billed and collected quarterly by the Water Department.
B. 
General provisions.
(1) 
All water bills shall be prepared quarterly. All water bills shall be paid when due. The Water Department shall mail or deliver, as it shall elect, all bills to the owner of the serviced property. Mailing shall occur when the water bill is posted at a United States Post Office, branch post office or a regularly maintained depository box.
(2) 
Upon written request of the owner, the Water Department may instead mail or deliver, as the Water Department may elect, water bills to the consumer. The owner's request that bills be sent or delivered to the consumer shall constitute a grant of authority to the affected consumer to request a check of the meter, and a further agreement by the owner to be liable for any charge for repairs resulting from said check. All mailing or delivering of bills is merely for the convenience of the owner.
(3) 
All water bills shall be due when presented to the owner or consumer by mail or delivered as the Water Department shall elect. Regardless of the party to whom a bill is sent or delivered, or the means used to send or deliver the bill, the failure of the owner or consumer to receive a bill shall not release the owner from liability for payment of the bill, together with any penalties which may accrue and shall constitute a lien as specified in Subsection E below.
(4) 
After 30 days of said presentment, there shall be a penalty of 10% of the total amount due added to the water bill. All penalties shall be due and payable after the penalty date of said water bill. Should the water bill be mailed, the postmark stamped on the envelope by the Post Office shall be considered the date paid, and the penalties assessed accordingly. Any and all unpaid penalties shall be included in the next regular billing for said property.
C. 
Owner complaints of error on water bills must be received by the Water Department more than five days prior to the date on which a penalty accrues. If no timely complaint is made, the bill shall be considered correct and must be paid in the amount charged.
D. 
In the event that a water bill is not paid in full within 30 days after the due date, a penalty as provided for in Appendix II[1] of this article shall be added to the bill. In the event that a water bill for a premises within the Town is not paid in full within 60 days after the due date, or that a water bill for premises outside the Town is not paid in full within 90 days after the due date, in addition to this penalty, the Water Department shall have the authority to turn off the water to the premises at the curb stop. A fee as provided for in Appendix II of this article shall be charged for such shutoff. The water shall be turned on again only upon payment of all charges and penalties, including the above said shutoff fee, and including the payment of the fee for the turning on of water as provided for in Appendix II of this article.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
E. 
Water bills will be accepted for payment up to and including September 30 of the current year. Any amount in arrears after that date will be applied and added as a lien to the taxes shown on the next prepared Town Tax Roll for the premises served by the Town water supply. A service charge of the penalty called for in Subsection B or D of this section, or both, if not previously assessed, shall be charged for the added service.
[Amended 11-13-2012]
A. 
Water use charges shall commence on a premises upon the connection of the water meter and the turning on of the water at the curb stop by the Water Department and shall not cease until such time as the Water Department turns off the water at the curb stop. Where there is no curb stop for such shutoff, water use charges shall continue until the supply pipe or drop lines and meter are removed, and the Superintendent is satisfied that there can be no use from such lines.
B. 
Upon the abandonment of the service line or at the written request of an owner, the Water Department shall turn off the water to the owner's premises at the curb stop or at the equivalent facility where there is no curb stop. At the time of the turnoff of the water, the Water Department shall remove the meter and record the meter reading of the affected premises. No water shall be turned on or meter reinstalled at said premises, subsequent to such a turnoff, until such time as the owner makes a written request for such a turn on, pays the Water Department a fee as provided for in Appendix II[1] of this article and pays in full any outstanding water charges on any property owned by the owner and served by the Water Department.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
The supply of water to any premises or party whatsoever is subject to the following conditions:
A. 
The Town, or any of its boards, departments or agents, does not guarantee to any party any fixed or constant pressure or supply of water.
B. 
The Town, or any of its boards, departments or agents will not be liable for any damage to the pipes, boilers, machinery, appliances or other fixtures belonging to or used by consumers or owners which are injured as the result of a change in supply or pressure of water through the Town water system, regardless of whether or not notice of a change of water supply or pressure was given to said consumers or owners.
C. 
The Town, or any of its boards, departments or agents, will not be responsible for any failure of, or damage to, any water system or service connection due to the freezing of said system or connection, regardless of the fact that the Town may have inspected, approved or aided the construction of said system or connection.
D. 
There shall be no reduction or abatement in the charges for water service and use otherwise due for any premises for any period during which the water supply is reduced, altered or stopped, including periods of water service interruption for emergency purposes, unless the water service to the affected premises has been turned off at the curb stop under written authority of the Water Department.
A. 
No water shall be turned on or off at the curb stop except by an agent authorized to do so by the Water Department.
B. 
No water main shall be tapped except by a party acting with the written authority of the Water Department.
C. 
No person shall alter, interfere with, remove or replace any water meter or Water Department seal except with the written authority of the Water Department. Any action in violation of this provision shall give rise to the presumption that such activity was performed by the owner of the premises containing the violation.
D. 
If it is determined that a meter is in need of repair due to a condition existing in the premises plumbing system, the Superintendent may require the correction of that plumbing system condition prior to the installation of a new, repaired or interim meter. If the Water Department has already installed an interim meter to cover the period during which the damaged meter is being repaired, the Superintendent may remove that interim meter until such time as the plumbing system condition is remedied.
E. 
No private water system shall be interconnected with or be capable of being interconnected with the Town water system by any means or device whatsoever. In addition, all water consumed on any premises within the Town shall be supplied by the Town water system and consumption shall be accurately measured by a water meter, unless otherwise approved by the Water Department.
F. 
No person shall sell or give away any water supplied by the Town without special permission from the Water Department.
G. 
Except where expressly provided for herein, the Water Department is under no duty to notify any owner or consumer in regard to water to any premises being turned off.
H. 
Whenever any highway, road or street is excavated or otherwise damaged in the course of the performance of repairs to or construction of the Town water system or any service connected thereto, the party performing such construction or repair immediately shall restore the excavated or damaged portions of such highway, road or street to its condition prior to such excavation or damage. The responsibility for restoring said highway, road or street shall continue for two years after the completion of the construction or repair. Any restored highway, road or street shall be maintained by the restoring party for two years after the restoration is complete. During said year, the restoring party shall be responsible for all claims for damages resulting from improper or inadequate restoration of the highway, road or street.
I. 
No water service pipe or line shall be installed, altered or replaced without approval of the Superintendent. All repairs shall conform to the same specification as would apply if the fixtures repaired were to be constructed new. All repairs shall be approved and inspected by the Superintendent or representative.
J. 
Any water main, fire hydrant, service line or other fixture of the Town water system, damaged by a contractor or other person, may be repaired by the Town. In the event that such repairs are made by the Town, the Town shall charge such contractor or other person causing such damage for all labor, material and equipment necessary to complete the required repair work, plus a service charge as provided for in Appendix II[1] of this article. The Town's charges for the performance of such repair work shall be paid by the contractor or the person responsible upon the Town's presentment of a bill to said person. A penalty as provided for in Appendix H of this article shall be added to all bills for such repair work remaining unpaid after 30 days of such presentment.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
K. 
Any notice provided for in this article to be given by the Superintendent, the Water Department or the Town Board to any owner or consumer may be mailed to the owner or consumer at the address supplied in the application for the permit pursuant to which the premises obtains water service or may be delivered and left at the premises served. Such notice shall be deemed given at the time it is so mailed or delivered and left.
All installation of water lines, services or other fixtures to become part of the Town water system in areas not included within existing highways or streets, including installations for developments where roads are being prepared and offered for acceptance as public roads, shall be constructed pursuant to the following terms:
A. 
The connection to the Town's water system shall be at a point designated by the Superintendent.
B. 
Pipes, valves and hydrants shall be installed in accordance with a plan submitted to and approved by the Town Board and Superintendent.
C. 
Service connections shall be constructed in accordance with the specifications provided for in this article.
D. 
The minimum size of water main lines shall be eight inches unless otherwise authorized by the Superintendent.
E. 
The furnishings of materials and the installation of all water lines, valves, hydrants and service lines shall be in a manner satisfactory to the Superintendent.
F. 
All costs for material and for installation of water mains, valves, hydrants and service lines shall be borne by the subdivider or contractor. No water service shall be provided through such installation until all water mains, valves and hydrants, together with all water service lines extending to the limits of existing public highways or to the outer limits of a sixty-six-foot area proposed for ultimate dedication as public highways, have been conveyed to the Town at no cost.
G. 
A permit pursuant to § 135-113 of this article must be obtained for any shutdown for cut-ins and/or connections to existing water mains.
A. 
General provisions.
(1) 
No shutdown for cutting into an existing water main shall be performed without a permit issued by the Water Department permitting such activity. Parties desiring such a permit shall make application to the Superintendent, which application must be approved by the Superintendent or the Town Board. Any permit subsequently issued may be revoked by the Town Board at any time.
(2) 
Except in the case of work to be performed wholly within an owner's property, such application shall be accompanied by a bond in a sum provided for in Appendix II[1] of this article, with one or more sureties acceptable to the Town Board, ensuring that the applicant will:
(a) 
Comply with this article and all the other rules, regulations, ordinances and statutes dealing with the work to be performed.
(b) 
Pay to the Town all fees, penalties or other charges required thereby in consequence of the work undertaken.
(c) 
Restore any openings made in streets, road, lanes or other public places and pavement thereon to the same state and conditions as before the work started and keep and maintain the same in such condition for a period of one year after the work has been completed, and upon the applicant's failure to so maintain or repair, will pay to the proper authority in the premises the cost of putting the same in such condition.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
(3) 
No permit shall be issued until, the applicant pays to the Water Department a permit fee as provided in Appendix I[2] of this article.
[2]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
(4) 
Prior to the commencement of any work herein permitted, all plans for such work must be approved by the Superintendent.
(5) 
All shutdowns of any existing water main to make connections shall be made at a time approved by the Superintendent. When any main is shut off for such purposes, the work on the connection shall be carried on continuously by the party performing such connection until the existing main is once again put into service.
(6) 
Any party performing a cut-in shall notify the Superintendent not less than 48 hours in advance of the time he or she proposes to cut into an existing water main and if such cut-in is approved by the Superintendent or the Town Board, the contractor shall notify all consumers whose supply will be affected by the shutdown of the main not less than 24 hours before the shut-down. Should any business or manufacturing plant be affected by an interruption of service, or if populated areas are to be affected by the interruption of service, the contractor shall immediately advise the Superintendent. The Superintendent, in his or her discretion, may refuse the shutdown or place appropriate limits on the time of and the duration of any shut-down. The shutdown and cut-in of existing mains shall be made only between the hours of 7:00 p.m. and 7:00 a.m., unless otherwise directed by the Superintendent.
(7) 
The Superintendent shall give specific instructions to the contractor in regard to the operation of existing valves and hydrants for shutdowns. The contractors must have all material on hand and all excavations completed prior to the shutdown of the water main.
(8) 
All connections to existing water mains shall be made in the presence of the Superintendent or his or her representative. All opening or closing of existing valves shall be performed only by the Water Department unless the Superintendent gives the contractor written permission to open or close valves in the existing system.
(9) 
For work performed on existing water lines, unless otherwise specified by the Superintendent, the contractor shall install one valve on each side of the tee to be installed in the manner shown and required in Specification Drawing Number 7 in Section 28 of this article and shall install one valve as close to the installed tee as possible.[3] Said valve shall be anchored to the tee by means of an anchor pipe or other appropriate method approved by the Superintendent.
[3]
Editor's Note: Drawing Number 7 is on file in the Town offices.
(10) 
As a condition to obtaining service through a cut-in to an existing water main, as-built plans must be submitted within a reasonable amount of time after the cut-in is completed. For the purposes of this subsection, a reasonable amount of time shall be considered 30 days after the water lines and all appurtenances have been installed and approved by the Water Department.
(11) 
Plastic pipe as approved by the Superintendent shall be permitted for water main sizes 6 inches and larger.
(12) 
All water mains, wherever they may be located, including, but not limited to, cast-iron, plastic, PVC or ductile iron pipe shall be installed with a stone bedding of screening or No. 1 stone for a minimum depth of four inches under the pipe and a minimum of 6 inches above the pipe. The remainder of the trench may be backfilled with good select backfill to the top of the trench. When water lines are installed in or under a sidewalk, street, driveway or public or private right-of-way, the balance of the trench shall be backfilled with No. 2 "run a crush" stone, and said sidewalk, street, driveway, public or private right-of-way shall be restored to its original condition.
(13) 
Plastic pipe shall comply with UNI-Bell Plastic Pipe Association design construction and engineering standards unless otherwise specified in this article.
(14) 
All water mains shall be placed at a minimum depth of 54 inches as measured from the top of the main or pipe to the finished grade.
B. 
Testing, flushing and sterilizing.
(1) 
The contractor or owner shall furnish all labor, materials, gauges and equipment to expeditiously perform the work in connection with testing, flushing and sterilizing the completed water line and all appurtenances until the quality of water delivered through the newly laid water line meets the public health standards. The pressure test shall be subjected to the hydrostatic pressure of 150 pounds per square inch for a duration of at least 60 minutes unless otherwise directed by the Superintendent. Leakage tests shall be conducted only after completion of the pressure test and shall consist of an examination of all exposed joints as well as the completed pipe line for leaks. After all air has been expelled, and the pipe line has been filled with water, the pressure shall be applied by means of a suitable pump. After the water main has been brought up to a test pressure, it shall be held at that pressure for at least 60 minutes and the makeup water carefully measured by use of a displacement meter or by pumping the makeup water from a vessel of known volume. After the pressure test and leakage test are completed, the contractor or owner shall flush the pipe line, prior to chlorination, as thoroughly as possible. The sterilization of the water line shall be done in accordance with the American Water Works Association's standard for disinfecting water mains, publication C601-68. All testing, flushing and chlorinating shall be performed only in the presence of the Superintendent or his or her representative. A reasonable amount of water shall be provided by the Town for the testing, flushing and sterilizing of pipes at no cost to the contractor. All water in excess of a reasonable amount shall be charged to the contractor or to the owner of the premises, at metered water service rates.
(2) 
Before the line shall be placed in service:
(a) 
All tie-ins shall be chlorinated and water samples taken and approved by a written report by a testing laboratory or chemist qualified to perform such tests; such test samples and such written report shall be in compliance with the procedures, rules and regulations established by the New York State Department of Health; and
(b) 
Such written report shall be filed with the Town Water Department.
C. 
Street openings.
(1) 
No street or public place shall be opened by any person for the purpose of making a connection with the water mains or for laying of water pipe or fixtures therein, unless permission has been granted by the authority having jurisdiction thereof.
(2) 
Whenever any street or public place shall have been opened for the purpose of making a connection with the mains or for laying of water pipes or fixtures connected thereto, the party performing such work shall have proper regard for the pubic safety and convenience, and all streets or public places shall be restored to their original condition as soon as practicable. Open trenches shall be guarded with barricades and sufficient warning lights from dusk to dawn.
Water shall be provided free of charge to any Town building, department or agency. Nonetheless, all such water shall be metered.
A. 
Water permits shall be issued for the use of water for construction or other purposes for which the temporary use of water is necessary. Such permits shall be obtained by:
(1) 
Providing the Water Department with a statement explaining the need for the permit, the use to which the water will be put and the approximate amount of water needed; and
(2) 
Paying a fee as provided for in Appendix I[1] of this article.
[1]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
B. 
All construction or temporary water service permits shall expire 90 days from their date of issue.
C. 
Upon expiration or revocation of a construction or temporary water service permit, the Water Department shall remove the meter and disconnect the water service line and charge the owner for the cost of said removal and disconnection.
D. 
Nothing contained in this section shall prevent the construction or temporary use of any water from another metered source with the approval of the owner.
A. 
Operation find use of water from fire hydrants.
(1) 
No person shall open, take water from or tamper in any manner with a fire hydrant connected to the Town water system.
(2) 
Nothing in this section shall apply to the members of any fire department operating within the Town while the members of such fire department are acting in the performance of their fire department duties, except that in all cases the Water Department shall be notified within 24 hours of the use of any fire hydrant.
B. 
Construction, placement and repair of fire hydrants.
(1) 
Fire hydrants shall be installed near each street intersection. One or more intermediate hydrants shall be installed where the distance between intersections exceeds 350 feet and the Superintendent determines that additional hydrants are necessary for the protection of the public.
(2) 
The location of any fire hydrant shall not be changed without the approval of the Superintendent. Any party requesting the change in location of a fire hydrant shall bear all cost of such change.
(3) 
All fire hydrants shall conform to the specifications provided for in this article.
Upon the request of any person therefor, the Water Department shall cause to be made a careful search of its books and records for any unpaid water charges and shall prepare a letter setting forth the amount of any such unpaid charges and the period to which they relate or, if there are no unpaid charges, shall prepare a letter setting forth the fact that all water charges have been paid, the last meter reading date or the last estimated reading date and the amount of the last water bill paid. There shall be charged and collected a fee pursuant to Appendix II[1] of this article for each parcel or premises so searched against and for which a water letter had been prepared.
[1]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
A. 
The Water Department may issue permits authorizing the undeterred or metered use of Town water in private fire protection systems.
B. 
The duties of the owner and conditions of any said permit shall be the same as provided in § 135-99 of this article except that a meter may not be required for water services with diameters of six inches and over.
C. 
All water services must be metered.
D. 
All installations, repairs and maintenance shall conform to the New York State Uniform Fire Prevention and Building Code and all connections shall be properly valved, at the expense of the owner, to prevent the use of water for any purpose other than fire protection.
E. 
Permit fee and annual charges for holders of private fire protection system permits shall be paid as provided for in Appendix I[1] of this article.
[1]
Editor's Note: See § 135-121, Appendix I: Permit Fees and Use Charges.
F. 
All systems operating pursuant to a private fire protection system permit shall be inspected by the Water Department at least once every year.
G. 
Unless otherwise approved by the authority issuing the permit, no system operating pursuant to a private fire protection system permit shall be extended or changed from the plans submitted with the application for the permit, nor shall such system be tapped nor its water used for any purpose other than fire protection. Any violation of this provision shall immediately cancel the permit.
H. 
Upon any violation of the provision set forth herein, the Town Board or Superintendent may, upon 24 hours' notice to the owner or consumer of the premises affected, discontinue the supply of water. Such supply of water shall not be made available again until all unpaid charges have been paid and all violations have been remedied.
I. 
All private water lines, hydrants, valves and appurtenances shall be maintained in good working order, free from leaks or the need for repair. If repairs are not completed within a time designated by the Superintendent, the Water Department may repair the facility and bill the owner for all material, labor and equipment plus a service charge as provided for in Appendix II[2] of this article. If the Superintendent determines that it is in the best interest of the Town, the Superintendent may order the water line turned off at the curb box or valve box until the owner repairs the line.
[2]
Editor's Note: See § 135-122, Appendix II: Miscellaneous Charges, Penalties and Fees.
J. 
Any tap-in or cut-in to existing water mains performed for the construction or operation of private fire protection systems shall conform to the provisions of § 135-113 of this article.
K. 
All private fire protection systems shall install a backflow prevention device(s) inside of the building being serviced, unless a meter pit shall be installed, then a backflow prevention device(s) shall be installed in a meter pit.
L. 
All backflow prevention devices shall be approved by the A.S.S.E.
M. 
All protective devices shall be tested and certified by the factory supplying such device(s) and each year thereafter by a certified tester. All certification shall be in writing to the Town of Niagara Water Department.
N. 
Plans and specifications shall be submitted to the Town of Niagara Water Department on such protection device(s).
O. 
As-built plans shall contain a blowup detail of the installation of all protective devices with the fire control valve showing size, of valves and protective device(s) and installation detail on an as-built plan with a Mylar to the Town of Niagara Water Department on a size 30 inches by 42 inches.
P. 
Plans and specifications of the aboveground private fire protection system shall be approved by the Insurance Service Office (ISO) before being submitted to the Town of Niagara Water Department.
Q. 
The contractor or owner shall submit three sets of approved plans to the Town of Niagara.
R. 
One set of approved plans and specifications shall be submitted to each fire company for their records and comments.
S. 
A pressure test of 200 pounds per square inch for two hours shall be required on all above- and below-ground private fire protection systems.
T. 
All plans and specifications shall be designed and approved by a licensed engineer.
A. 
General provisions.
(1) 
All work performed on or in connection with the Town water system, and all installations made or connected to the Town water system, shall be performed and made in accordance with the standards of the American Water Works Association as such standards are from time to time amended.
(2) 
The Superintendent shall have the authority to change, alter, modify, expand and interpret the said standards of the American Water Works Association as in his or her discretion may be necessary for the preservation and protection of the health and safety of the residents of the Town and the consumers of water provided by the Town water system.
(3) 
All such changes, alterations, modifications, expansions and interpretations of the standards of the American Water Works Association, as it is from time to time amended, shall be regularly compiled by the Superintendent in the regulations of the Water Department, except as such standards are modified by this article.
B. 
Standards.
(1) 
All gate valves shall open left.
(2) 
Fire hydrants.
(a) 
All fire hydrants shall open right, and the operating nut shall be national standard 11/2 inch pentagon measured from point to opposite flat.
(b) 
All hydrants shall have two two-and-one-half-inch hose nozzles and one four-and-one-half-inch pumper nozzle.
(c) 
All threading shall conform to the national standard established by the United States Department of Commerce National Bureau of Standards.
(d) 
All hydrants shall be the manufacturer's safetop model, and main valve opening shall be five-and-one-fourth-inch minimum.
(e) 
The pipe connection shall be a minimum six-inch flanged joint, American standard mechanical joint or ringtite or compression joint.
(f) 
All hydrants shall be installed in accordance with Specification Drawings Numbers 4 or 5 contained in this section.
(3) 
All bluffs shall be installed in accordance with Specification Drawing Number 3 contained in this section.
(4) 
All tapping sleeves and tapping valves shall be installed in accordance with the Specification Drawing Number 2 contained in this section.
(5) 
All corporation stops shall be installed in accordance with Specification Drawing Number 1 contained in this section.
C. 
Drawings.[1] The following drawings are incorporated herein.
Drawing No. 1
Corporation Stop
Drawing No. 2
Tapping Sleeve and Tapping Valve
Drawing No. 3
Blowoff Detail
Drawing No. 4
Fire Hydrant with Anchor Rods
Drawing No. 5
Fire Hydrant with Anchor Pipe
Drawing No. 6 (part 1)
Meter Pit Standards
Drawing No. 6 (part 2)
Meter Pit Standards
Drawing No. 6 (part 3)
Gauged Outlet Detail and Sump Pit Detail
Drawing No. 7
Typical Water Line Connections and Anchors
Drawing No. 8
Water Main Installation Detail
[1]
Editor's Note: Specification Drawing Numbers 1 through 8 are on file in the Town offices.
D. 
All construction and materials shall conform to AWWA specifications.
A. 
Any person committing an offense against any provision of this article shall be guilty of a violation punishable as follows:
(1) 
By imprisonment for a term not exceeding 15 days; or
(2) 
By a fine not exceeding $250; or
(3) 
By a charge for estimated or calculated water use on all water whose use was unauthorized, computed at twice the normal rate; or
(4) 
By turning off the water serving the premises where the violation occurred; or
(5) 
By revoking any and all Water Department permits regarding the premises where the violation occurred; or
(6) 
By all or any number of the above imprisonments, fines, charges or actions.
B. 
The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A. 
Permit fees.
(1) 
Meter water service. The following fee shall be paid by the owner to the Town at the time the permit is granted:
[Amended 7-15-2008; 8-19-2008; 9-20-2011; 11-18-2014; 4-19-2016; 3-16-2021]
(a) 
When the Town pays for or supplies and installs the following sizes of water service lines, the fee shall be:
[1] 
Three-fourths-inch service line: $1,000 plus the cost of the water meter.
[2] 
One-inch service line: $1,200 plus the cost of the water meter.
[3] 
One-and-one-half-inch service line: $1,800 plus the cost of the water meter and flange kit.
[4] 
Two-inch service line: $2,300 plus the cost of the water meter and flange kit.
[5] 
All meters and service lines for service connections over two inches shall be installed by the owner at the sole expense of such owner. The permit fee for such construction shall be $800 for tapping the water line, plus the Town's cost of the meter.
(b) 
When a contractor or subdivider shall provide at no cost to the Town the water main, water service line and all appurtenances connected thereto, the permit fee shall be as follows:
[1] 
Three-fourths-inch service: cost of the meter plus $50.
[2] 
One-inch service: cost of the meter plus $50.
[3] 
One-and-one-half-inch service: cost of the meter and flange kit plus $75.
[4] 
Two-inch service: cost of the meter and flange kit plus $100.
[5] 
Over two inches shall be the cost of the meter plus $150 and the owner shall install the meter. If the water main needs to be shut down, the permit fee for such construction shall be $800 for tapping the waterline, plus the Town's cost of the meter. The permit fees provided for in this appendix shall be in addition to the fee required to be paid by the subdivider or contractor for the shutdown for cutting-in to existing water mains as provided for in § 135-113 of this article.
(c) 
In addition to any permit fee provided for herein, for each additional meter requested in a two-family or multiple residential dwelling, the permit fee shall be:
[1] 
Three-fourths-inch meter: $50 plus cost of the meter plus cost of the locking type valves.
[2] 
Over three-fourths-inch inch meter: $50 plus the cost of the meter plus the cost of the required locking type valves. Two locking type valves shall be required for the second meter, and one locking type valve shall be required for each succeeding meter requested for any particular service line.
(2) 
Shutdown for cut-in to existing water mains. A permit fee of $800 shall be paid by the applicant to the Town at the time the permit allowing a shutdown for cut-in to existing water mains is granted.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
(3) 
Construction or temporary water service. The permit fee for construction or temporary water service shall be charged and paid the same as the permit fee for metered water service as provided for in Subsection A(1) of this appendix.
(4) 
Private fire protection system water service. A permit fee of $500 shall be paid by applicant to the Town at the time the permit is granted, which fee shall include the permit fee for any shutdown for cut-in to existing water mains.
(5) 
Taps for private use. At the time a permit for a private water tap is issued, a fee of $50 shall be paid to the Water Department.
(6) 
There shall be a fee of $50 for repairs to an existing service line.
[Amended 4-19-2016]
(7) 
Hydrant permits: $500, plus cost of water used; permission from superintendent required.
[Added 12-19-2006; amended 12-17-2015; 4-19-2016]
(8) 
There shall be a fee of $100 for water demolition/cut and cap permits.
[Added 12-17-2009; amended 11-18-2014; 4-19-2016; 3-16-2021]
(9) 
Backflow prevention device. A fee of $50 shall be paid for backflow prevention device installations.
[Added 3-16-2021]
B. 
Water use charges.
(1) 
Metered water service. There shall be a charge for metered water usage computed quarterly pursuant to the following rates:
[Amended 12-19-2006; 11-5-2007; 12-16-2008; 12-17-2009; 12-9-2010; 11-15-2011; 11-13-2012; 12-10-2013; 10-21-2014; 12-17-2015; 4-19-2016; 11-28-2016; 1-3-2018; 11-28-2018; 1-8-2020; 12-15-2020; 10-11-2023]
(a) 
For water and sewer customers:
Rate per 1,000 Gallons
Gallons per Quarter
Water Charge
Sewer Charge
Combined Charge
0 to 8,000
$10 flat fee
$25 flat fee
$35 flat fee
9,000 to 30,000
$2.97
$4.42
$7.39
31,000 to 149,000
$3.02
$4.77
$7.79
150,000 and up
$3.22
$5.22
$8.44
(b) 
For water only customers:
Gallons per Quarter
Rate per 1,000 Gallons
0 to 8,000
$35 flat fee
9,000 to 30,000
$2.97
31,000 to 149,000
$3.02
150,000 and up
$3.22
The Town Board shall review the rate per thousand on an annual basis and determine whether or not the rate shall be adjusted. Said rate shall be set by order of the Town Board after a public hearing.
The minimum charge per quarter, or portion thereof, for the use of water on any premises in the Town shall be $10 for each meter servicing said premises based upon the use of 8,000 gallons or less.
(2) 
Construction or temporary water service. The charge for water usage pursuant to a construction or temporary water use permit shall be the same as the charge for water usage pursuant to a metered water service permit as provided for in this appendix.
(3) 
Private fire protection system water service. All new private fire protection systems shall be metered (fee of $500). The water use charges shall be the same as the charges for water usage pursuant to a metered water service permit as provided for in this appendix. Where an existing private fire protection system is unmetered, in addition to all other charges, there shall be an annual flat rate charge, added to the first quarterly billing of each year, pursuant to the following rates:
[Amended 12-19-2006; 4-19-2016]
(a) 
Four-inch water line: $200.
(b) 
Six-inch water line: $250.
(c) 
Eight-inch water line: $300.
(d) 
Ten-inch water line: $400.
(e) 
Twelve-inch water line: $650.
(4) 
Nondistrict rate charge for non-tax-paying properties shall be as follows:
[Added 6-16-2009]
(a) 
$3.90/1,000 gallons for water usage or a minimum user fee of $54 per quarter.
A. 
The fee for turning on the water as provided in § 135-102N shall be $25.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
B. 
The deposit for water meter testing as provided in § 135-103E shall be $25.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
C. 
The penalty for nonpayment of a water bill as provided in § 135-108D shall be 10% of the total amount of such bill.
D. 
The fee for shutting off the water as provided in § 135-108D shall be $25.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
E. 
The fee for turning on the water as provided in § 135-108D shall be $25.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
F. 
The fee for turning on the water as provided in § 135-109 shall be $25.
[Amended 11-18-2014; 4-19-2016; 3-16-2021]
G. 
The penalty for nonpayment of a Town billing for repair work as provided in § 135-111J shall be 1% per month of the balance on any such bill remaining unpaid 30 days after the Town's presentment.
H. 
The bond to be posted as required by § 135-113A(2) shall be in the amount of $1,000.
I. 
The fee for water compliance, sewer compliance and water letters as provided in § 135-117 shall be $50 each.
[Amended 4-19-2016; 3-16-2021]
J. 
The service charges for the Town's repairing a facility as provided in § 135-118I shall be 20% of the Town's total cost of making the repair.
K. 
The fee for a returned check is $35.
[Added 11-18-2014; amended 4-19-2016]
L. 
The penalty for not installing a backflow preventer shall be $250 per month for each month a commercial property owner does not have a backflow preventer any month in a year. The penalty for a commercial property owner who installs a backflow preventer but who has not had it tested shall be $100 per month for each month it is not tested. For any penalties not paid within 30 days of mailing of an invoice by the Town, the unpaid penalties shall be added to the property owner's next succeeding water bill.
[Added 1-16-2018 by L.L. No. 1-2018]
M. 
No person, property owner, or contractor shall connect to a fire hydrant and/or use Town water without the prior written permission and permit from the Town of Niagara Water and Sewer Superintendent. Any person, property owner, or contractor who connects to a fire hydrant without a Town permit shall be subject to a fine of $500 plus the doubling of the Town permit fee, and the cost of repairing any damage caused to the fire hydrant. This fine shall be in addition to any and all other charges, costs, fees, or penalties set forth in the Town Code for usage of Town water and fire hydrants, including, but not limited to, the penalties set forth in § 135-120 of the Town Code.
[Added 5-15-2018 by L.L. No. 2-2018]