[HISTORY: Adopted by the Town Board of the Town of New Berlin as indicated in article histories. Amendments noted where applicable.]
Editor's Note: This resolution superseded resolutions adopted 12-7-1992 and 11-4-1993 regarding delinquent water rents and water rates, respectively.
No person shall tap any district main or water pipe. All tapping must be done by water district personnel or authorized personnel and not without written permission of the Water Board. No person shall tap any pipe laid for the purpose of supplying water to any other person or persons or other premises under the penalty of the amount listed on the penalty schedule. The penalty schedule is on file in the Town office.
All requests for the introduction of water to any premises or for the extension of any pipe for the conveyance of such water shall not only be signed by the applicant but shall state fully and fairly all and several uses to which the water is to be applied, by completed form submitted to the Water Board. This form is on file in the Town office.
Whenever two or more several parties or families are supplied with water from the same service pipe, the failure of any one of said parties to pay the water rent when due, or to comply with the published rules and ordinances of the water district, shall result in the rent and service charge being added to the appropriate owners' January Town tax bill. In case of a disagreement as to who owns the waterline, the Water Board reserves the right to withhold all supply from such service pipe, without liability in damages to either of the parties, until the matter is resolved.
Any new housing development, trailer park or any other commercial establishment inside the water district must pay the cost of material and installation of all material and labor for the installation of the new mains, curb stops, corporation taps, hydrants and shutoffs. After the project has been completed and accepted by the Water Board, said equipment will become and forever remain the property of the water district, and the district will become responsible for all maintenance from that day on.
All persons taking water will do so at their own expense from the nearest main to destination. In addition, an application fee listed in the fee schedule will be incurred by the person requiring the service. The fee schedule is on file in the Town office.
All persons must keep their service pipe and apparatus in good repair and protected from frost. In case of a frozen service pipe, the cost of thawing will be charged to the customer. All work must be supervised by authorized personnel. In case of a faulty service pipe, the water district reserves the right to have the water shut off at the curb stop.
All curb stops and corporation stops will become the property of the water district and will be subject at all times to the control of said Water Board having control of the matter.
When the supply of water to any premises has been turned off for any reason by order of the Water Board, whoever shall turn it on without permission shall be subject to a penalty listed in the penalty schedule for each offense. The penalty schedule is on file in the Town office.
Any person wishing to discontinue the use of water must submit a completed work order request thereof at the office of the District Water Collector 10 days previous to the expiration of the time for which payment has been made, otherwise they will be liable for the rent for the next ensuing quarter year. In case of fraudulent misrepresentation on the part of a district user or unapproved user or of willful and unreasonable waste of water, the Water Board shall have the right to forfeit his payment and stop the supply of water.
The right is reserved to shut off any and all consumers in case of extension, repairs or other necessity without any claim of damages for loss of water.
The Water Board and the Town Board reserves the right in case of fire to shut off the water supply from all buildings during the fire or any other emergency.
Any applicant who shall use water from the pipes for any purpose not embraced by written request or who shall willfully or unreasonably waste the water or allow others than themselves or their family to use water from said pipes, except for drinking and bathing on the premises, shall be liable to a penalty as per the penalty schedule on file in the Town office.
Any water drawn from the district water supply for use outside of the corporation, such as filling swimming pools, is forbidden unless permission is granted by the Water Board.
Any person who shall in any manner wrongfully interfere with or trespass upon any of the property appertaining to the said waterworks not herein specified shall be liable to a penalty as per the penalty schedule for each offense, together with actual damages. The penalty schedule is on file in the Town office.
There must be absolutely no cross-connections (outside water supply) attached to the water service in any way. Any person using water to run such equipment or any other piece of apparatus that adds foreign substances to the water must have a proper backflow preventer approved by the water district and the Board of Health. The backflow preventer must be inspected annually by a New York State certified tester. A copy of the test results must be supplied to the water district. The cost incurred for inspection and repair will be born by the individual. If these rules are violated, the Water Board reserves the right to shut off the water at any time.
All water rents shall be due and payable on the first day of January, April, July and October of each and every year, at the office of the South New Berlin Water District Rent Collector. No water will be rented or rents collected for less than three months unless arrangements have been made or water has been shut off by the water district. A shutoff fee will be charged for the shutoff, and an additional fee will be charged when service is reinstated. Said fees are listed in the fee schedule on file in the Town office.
If water rents are not paid within thirty days after the same become due and payable, as above provided, a service charge listed in the penalty schedule will be charged. If such water rent is not paid by October of any year, unpaid water rents will be relevied on the owners' January Town tax bill. Unpaid charges for repairs to water service will likewise be added to the owners' January Town tax bill.
The Town Board reserves the right to change rates, including meter rates, or alter the rules and ordinances as the interests of the water district may demand. A schedule of water rents and other fees are on file in the records of the water district on file in the Town of New Berlin offices.
In cases where the house is rented, the owner is responsible for the payment of the water rent. All water rent notices will be sent to the owner of the property and not to the tenant.
No person or persons are permitted to open any fireplug or hydrant or draw water therefor, except by authorized water district personnel acting with district permission or under its direction. The South New Berlin Fire Department Personnel or persons appointed by them are authorized to use the hydrants and fireplugs for the purpose of extinguishing fire.
Any person who shall willfully do any damage to a street hydrant shall be liable to the penalty listed on the penalty schedule for each offense, and in addition shall be liable for all damages actually sustained by reason thereof.
All service pipes must be laid at least five feet below the finished grade elevation of the ground. No service pipe will be closer than 10 feet from any septic tank, dry well, leach field or drainage field.
In time of drought or scarcity of water that supplies the water district, sprinkling will not be allowed. Fixed fountains or sprays, also, will not be allowed during times of drought. Any person violating any of the provisions of this rule and Article shall be liable to a penalty listed in the penalty schedule for each offense, and in addition, the district may cut off the supply of water of said offender. Notice of water scarcity will be made by notification of said scarcity to the radio media and/or official newspaper publication of said notice or personal notification to user.
No poisonous or harmful substances shall be stored within 100 feet of any South New Berlin Water District water supply reservoir or well.
The South New Berlin Water Board reserves the right to install a water meter in any service entrance at any time for test purposes. If it is deemed necessary to install a permanent meter because of excessive usage of water, the Water Board reserves the right to do so. The South New Berlin Water District is owned by the Town of New Berlin and governed by a Water Board consisting of at least five members, but no more than nine. The rules and regulations are formulated by the Water Board, recommended to the Town Board and adopted by the Town Board for overall operations of the district. The Water Board will meet with the Town Budget Officer to prepare an annual budget that will be included in the Town budget for adoption in the ensuing fiscal year. The district must be self-sufficient, i.e., the revenues must cover all expenditures and all charges must be levied on district users only.
Any South New Berlin Water District user, if dissatisfied with any decision made by the Water Board, may appeal to the Town Board for a final decision of the matter.
[Adopted 1-14-2002 by L.L. No. 1-2002]
This article shall be known as "Water District Debt Retirement for the South New Berlin Water District."
The purpose of this article is to designate parcels that are exempt from debt retirement assessments that may occur when the Town incurs debt from general improvements of the South New Berlin Water District.
For the purpose of this article, the following words, terms and phrases shall have the meaning ascribed to them in this section:
- BUILDABLE LOT
- Any parcel of land that will accommodate a minimum size residential building, based on the New York State Building and Fire Code and the Sanitary Codes that specify septic and drainage requirements.
In the event that property owners within the South New Berlin Water District are assessed or billed for debt retirement, only parcels within the District that are buildable lots, as defined in § 150-15 herein, shall be so assessed or billed without regard to whether said parcels are connected to water service. All parcels that are not buildable lots shall be exempt from debt retirement assessment.
A property owner who is aggrieved by a debt retirement assessment determination may request a review by the South New Berlin Water Board. Said review request must be made within 30 days of notice of assessment or debt retirement bill. Upon notice of the final written determination of the South New Berlin Water Board, an aggrieved property owner has 30 days from said written notice to file a notice or appeal of said determination to the Town Board. The Town Board shall then review the Water Board's determination.