Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 12-11-2006 by L.L. No. 9-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 141.
Sewers — See Ch. 146.

§ 203-1 Incorporation of Village Code standards and requirements by reference.

§ 203-2 Supervision.

§ 203-3 Definitions.

§ 203-4 Number of meters limited.

§ 203-5 Claims and charges.

§ 203-6 Metering of services; permits and charges; meter connections.

§ 203-7 Application for permit for water service.

§ 203-8 Control of mains and services.

§ 203-9 Authorized Town representatives.

§ 203-10 Applications to connect with water system or to tap pipes.

§ 203-11 Compliance with New York State Industrial Code.

§ 203-12 Opening of streets.

§ 203-13 Protection when street is opened.

§ 203-14 Service installation requirements.

§ 203-15 Changes in ground elevation.

§ 203-16 Maintenance of service pipes; notification of leakage; repair of service lines.

§ 203-17 Stop or waste cock required.

§ 203-18 Vacant premises; demolished buildings.

§ 203-19 New connections; new extensions or attachments in unoccupied houses; taps.

§ 203-20 Meter checking; repair and responsibility.

§ 203-21 Fire hydrants.

§ 203-22 Turning on service after discontinuance.

§ 203-23 Meters required; installation; failure to comply.

§ 203-24 Water charges and rates.

§ 203-25 Bills due and payable; unpaid bills.

§ 203-26 Unpaid rents, charges and penalties to be lien.

§ 203-27 Discontinuance of service; notice to Town.

§ 203-28 Meters for multiple occupancy.

§ 203-29 Special use of water.

§ 203-30 Right of entry.

§ 203-31 Authority of Water Superintendent.

§ 203-32 Service connection from street main to curb cock; requirements and charges.

§ 203-33 Protective devices.

§ 203-34 Right to limit or shut off water supply.

§ 203-35 Damage from change in water pressure.

§ 203-36 Installation of water mains.

§ 203-37 (Reserved)

§ 203-38 Service pipes and fittings.

§ 203-39 Discontinuance of service for noncompliance.

§ 203-40 Acceptance of rules and regulations.

§ 203-41 Charges and monetary amounts.

§ 203-42 Water rents; payment procedures.

§ 203-43 Penalties for offenses; recovery of costs; partial invalidity; construal of provisions.

§ 203-44 Right to change and amend.

§ 203-45 Master water meters.

§ 203-46 Rules governing private water mains.

§ 203-47 Water main extensions by Town.

§ 203-48 Cross-connection control.

§ 203-1 Incorporation of Village Code standards and requirements by reference.

All pertinent provisions of the Village of Highland Falls Code Chapter 235, entitled "Water," as currently promulgated and hereafter amended, are hereby incorporated herein by reference.

§ 203-2 Supervision.

The management of the water system shall be under the supervision of the Superintendent of the Water Department, who shall be appointed by the Town Board of the Town of Highlands, New York.

§ 203-3 Definitions.

Definition of terms shall be understood and agreed as follows:
CUSTOMER
The party contracting for service to a premises or tax parcel, the owner or legally appointed agent of the owner of the premises or tax parcel connected with the municipal water system or, in certain cases, the lessee or person in actual possession of the premises serviced, but nothing herein contained shall be construed to relieve the actual premises supplied with water from the lien of any unpaid water taxes, assessment or other charges.
A. 
Includes:
(1) 
A building under one roof, owned or leased by one party and occupied as a residence or for business or commercial purposes.
(2) 
A group or combination of buildings in one common enclosure, owned or leased by one party, occupied by one family or one corporation or firm or as a place of business or for manufacturing or industrial purposes or as a hospital or other public institution.
(3) 
One side of a double house having a solid vertical wall.
(4) 
A building owned or leased by one party, containing more than one apartment and using a hall in common.
(5) 
A building owned or leased by one party, having a number of apartments, offices or lofts which are rented to tenants.
(6) 
A public building, such as a Town hall, school house, fire engine house, etc.
(7) 
A single lot or park or playground.
(8) 
Each house in a row of houses.
B. 
The Town shall have the right to permit only one connection to the municipal water system and meter per tax parcel, notwithstanding the number of premises or buildings located on that parcel.
SUPERINTENDENT
The Superintendent of the Town Water Department appointed by the Board of the Town, and/or representatives of said Superintendent.
TOWN
The Town of Highlands, New York, its duly established water districts and any extensions thereof.
VILLAGE
The Incorporated Village of Highland Falls, New York, acting through its Village Board or duly appointed or designated representatives.
WATER SYSTEM
The water supply and distribution system of the Town, including its mains and appurtenances.

§ 203-4 Number of meters limited.

The Water Department shall furnish not more than one meter for any one premises.

§ 203-5 Claims and charges.

Claims and charges against the Town shall be audited and paid in the same manner as other Town charges in accordance with rules and regulations of the State of New York Department of Audit and Control.

§ 203-6 Metering of services; permits and charges; meter connections.

A. 
Water service shall be rendered by meter only, unless exception is granted by the Town Board. In order that there may be uniformity of make and design and to give the greatest efficiency in operation and maintenance, all meters shall be of such make and type as from time to time may be approved by the Town Board and shall be procured from the Town. The size of the meter to be installed in any premises shall be determined by the Water Department after consideration of the facilities in the premises.
B. 
The cost of the water meter and all appurtenances shall be paid to the Town by the property owner.
C. 
All water meters must be installed by the customer at his own cost and expense and in accordance with regulations made by the Town Water Department.
D. 
All water used by customers of the Water Department shall be sold by meter measurement and rates.
E. 
Before making any meter connection, the owner of any premises to be served with water, or his agent, shall file with the Town Clerk an application, on forms provided by the Town, for a permit to do said work, and no meter connection shall be made until application has been made and a permit issued. All meter connections or plumbing in connection therewith, connecting the premises with the water system, must be inspected and approved by the Town through its duly authorized agent.
F. 
Notice must be given to the Town by the owner of the premises, or his agent, when the work is ready for inspection. No part of any installation shall be covered or concealed until it has been examined, tested and approved by the representative of the Town. The Town, in the discharge of its duties and in the enforcement of these regulations and for the purpose of inspection and reinspection, may enter lawfully upon the premises and property and the buildings thereon of any premises connected with the water system, wherever located.
G. 
The person doing the work of making the connection shall furnish all the necessary assistance or appliances therefor, with the exception of the meter, which shall be furnished by the Town. The Town may reinspect any premises connected to the water system at any time that it may deem it necessary.
H. 
All permits granted in connection with the metering of existing services are understood and agreed to be on the express condition that the Town Board of the Town may at any time revoke and annul the same if any rule, regulation, ordinance or amendment governing the water system of the Town has been violated or if the Board shall deem the same to be for the best interest of the Town.
I. 
No bypass or connection between the service line and meter shall be made or maintained.
J. 
The location of the meter shall be as near as possible to the point where the service enters the building and immediately following the main shutoff valve, unless otherwise approved by the Superintendent in cases where this is impossible. Meters must be set in a horizontal position, and union couplings shall be used in conjunction with the installation. Meters must be located where they will be free from frost and where they will be readily accessible for reading, testing and repairing. In no case shall the meter register be more than four feet above the floor. In cases where the length of the service pipe from the curb stop to the building exceeds 100 linear feet, the owner will be required to construct a meter pit adjacent to the street line for the installation of the meter, unless the Town Board shall approve another arrangement. Detail drawings covering the construction of the pit and the setting of the meter must be submitted for approval to the Superintendent before work is started. It is the property owner's responsibility to protect the meter and service pipe from damage by freezing. After the service has been installed and approved by the Superintendent, the trench may be backfilled. No connection of any kind shall be made to the service pipe between the main and location of the meter. All materials must be of the best quality, free from defects and suitable for connection with the couplings on the meter so as to accomplish a workmanlike job, and all work must be executed by skilled workers in a thoroughly workmanlike manner.
K. 
In the event that any customer violates any provisions of this chapter with respect to making or maintaining the connection of a meter with the water system and fails to correct such violation within five days after notice has been given by the Town to do so, or in the event that the customer has failed to install a meter in connection with premises being served through the water system by the date fixed as the final date for making connections, unless said date is extended by public action and notice, the Town shall have the right to remedy the violation at the expense of the customer, and the charge therefor, plus a service charge established by resolution of the Town Board, shall be a lien prior to and superior to every other lien or claim, except the lien of an existing tax or local assessment, upon the real property of said owner so served with water from the date said work is done until it is paid. The bill shall be submitted for the same immediately after the work is completed, and if it is not paid within 10 days, such amount shall be added to the bill submitted at the next billing period, and if not paid when due, service may be discontinued.

§ 203-7 Application for permit for water service.

A. 
No person or corporation shall use the water supplied by the Town for any purpose whatsoever without having first obtained a permit upon written application therefor, after having first paid the charges pertaining to the introduction of water to the premises.
B. 
All applications for introduction of water to any premises or for the use of water shall be made upon a blank form furnished by the Town for such purpose and shall be signed by the owner or his, her or its duly authorized agent. Such application shall contain a statement of all uses for which water is desired, and a use of water for any purposes other than mentioned in the application shall be sufficient cause to justify discontinuance of water service. Application for additional uses may be made at any time and a permit may be granted therefor.
C. 
All permits will be given upon the express condition that the Town Board of the Town may at any time revoke and annul the same if any rule, regulation, ordinance or amendment governing the water system of the Town has been violated or if the Board shall deem the same to be for the best interest of the Town.

§ 203-8 Control of mains and services.

A. 
No person shall tap any main or distributing pipe or make or interfere with any connection with the water system unless under the direction of and in the presence of the Superintendent or unless he is an employee of the Town or unless specific permission in each case be given by the Town. Nor shall any person make any alterations or additions in and about water pipes, other than on the consumer's side of the meter, unless a written permit shall have been given by the Town upon written application therefor.
B. 
No seal placed by the Water Department for the protection of any meter, valve or other water connection shall be tampered with or defaced. If the seal is broken, the Water Department reserves the right to remove and test the meter at the customer's expense.

§ 203-9 Authorized Town representatives.

A list of persons authorized as provided in § 203-8 shall be on file in the office of the Town Clerk.

§ 203-10 Applications to connect with water system or to tap pipes.

Any person or corporation may make application to the Town Board for the purpose set forth in § 203-7, except in the case of work done wholly within the owner's property. Such application shall be accompanied by a bond in the sum as determined in accordance with § 203-41, with one or more sureties acceptable to the Town Board, conditioned that he, she or it will comply with these rules, regulations, chapter and amendments, will pay to the Town all fees, penalties or other charges required hereby in consequence of the work undertaken, and that he, she or it will restore openings made in streets, roads, lanes and other public places and pavement thereon and therein to the same standard of condition 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, in case of failure so to do, will pay to the proper authority in the premises the cost of putting the same in such condition. The Town Board may, in its discretion, grant or deny such application. Such permission, so given, may be revoked by the Town Board at any time. No taps shall be made by any party, including but not limited to any subcontractor or vendor, other than the approved person or corporation who has submitted the application and bond or a contractor approved by the Town.

§ 203-11 Compliance with New York State Industrial Code.

New York State Industrial Code 53 establishes requirements and procedures for the protection of underground facilities in order to assure public safety and to prevent damage to public and private property due to excavation and demolition, as required by General Business Law Article 36 and Public Service Law § 119-b. The applicant/permittee for new water service shall comply with the requirements of the "one-call" notification system established pursuant to Industrial Code 53.

§ 203-12 Opening of streets.

No street or public place shall be opened by any person for the purpose of making a connection with the mains or for the laying of water pipes or fixtures unless permission shall have been granted by the authority having jurisdiction therein.

§ 203-13 Protection when street is opened.

Whenever any street or public place shall have been opened for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, proper regard shall be had for public safety and convenience, and said street or place shall be restored to its original condition as soon as possible. Open trenches shall be guarded with barricades, and sufficient warning lights or flares shall be displayed at night.

§ 203-14 Service installation requirements.

A. 
Standards; insurance.
(1) 
The property owner shall install the service pipe from the main to the meter at the property owner's sole cost and expense. All work shall be performed in accordance with plans prepared by the owner pursuant to the Town's specifications and approved by the Town. Among other specifications, the service pipe shall be Type K copper from the main to the meter. All work shall be performed by a contractor satisfactory to the Town, and the Town shall receive sufficient notice prior to commencement of any work. The property owner is responsible for arranging inspections by the Town. The tap connection between the water main and the service pipe shall be made by the Town at the property owner's expense, except if the tap is larger than a one-inch tap, then the tap connection shall be made by the property owner at the owner's expense.
(2) 
The owner shall defend, indemnify and hold harmless the Town from any loss, injury, damage or cost whatever that may directly or indirectly arise from installation of water facilities. The owner shall obtain liability insurance in amounts as reasonably determined by the Town and, at the Town's option, shall name the Town as additional insured with respect to such installation and related work. The Town may require that the owner provide a certificate of insurance.
B. 
Deposit required. Water regulations requiring deposits for such connections from the public main in the street and to the curbline require that an application for such water connection be made to the Town Clerk and that the application be referred to the Superintendent, who shall be required to estimate the cost of such connection, and the owner or person having the connection made shall be required to deposit with the Town Clerk a deposit equal to the amount as estimated to be the cost estimate made by the Superintendent of Public Works, but not less than $75.
C. 
Service pipes and meters. Service pipes shall be laid at least four feet below the surface of the ground at all times. The meter shall be installed within the building to be served, as close as practicable to the point where the service pipe enters, unless otherwise directed or permitted by the Town, and shall be set with the inlet and outlet in a horizontal line with the register on top and shall be so located as to be readily accessible at all times for reading, inspection and repair. A one-quarter-turn valve shall be provided within the building, on the inlet and outlet side of the meter. Provision shall be made to prevent hot water from reaching the meter. No red or white lead or joint compound shall be used on joints between the main and the meter. No tee or other fitting through which water can be taken will be permitted on the service pipe between the main and the meter. No branch will be allowed to be inserted in any service pipe without a written permit from the Town. Where branches already exist not provided with stop or curb cocks, in case of default in payment of water rent by any one customer, the main service may be cut off until the back charges are paid, and the Town shall not be liable for any damages to any other customer who may thus be deprived of water. Meters may be set outside of buildings in underground pits only by special permission of the Town, and in such cases the construction of the pit and the method of setting the meter shall conform to the directions which will be furnished by the Town for each specific instance. In cases where the length of the service pipe from the curb stop to the building exceeds 100 linear feet, the owner will be required to construct a meter pit adjacent to the street line for the installation of the meter, unless the Town shall approve other arrangements. All materials must be of the best quality, free from defects and suitable for connection with the couplings on the meter so as to accomplish a workmanlike job, and all work must be executed by skilled workers in a thoroughly workmanlike manner. Sweat or solder fittings must not be used underground.
D. 
Connections with other sources. No service pipe or fixtures connected with the mains of the Town shall also be connected with the pipes or fixtures supplied with water from any other sources, unless specifically approved by the New York State Department of Health.
E. 
Mains not in Town streets. All new mains or extensions not in public Town streets shall be of ductile pipe of three-hundred-pound test with Town-approved connections. Where said mains are laid in any street or common way, they shall be of six-inch diameter. Where said mains are laid through private lands not in any street or common way, the Board may, on application, approve four-inch-diameter cast-iron pipe.

§ 203-15 Changes in ground elevation.

In the event that a change in ground elevation leaves a service pipe insufficiently buried, the customer shall promptly lower his service pipe to conform to the new ground elevation. In case the customer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge, established pursuant to § 203-41, will be made to cover the labor and expense by the Town resulting from the customer's failure so to do.

§ 203-16 Maintenance of service pipes; notification of leakage; repair of service lines.

A. 
Service pipes between the curb cock and meter and between the meter and the appurtenances thereto shall be kept in good repair and protected from the frost by the customer at his own expense.
B. 
The owner of the premises into which water is introduced by a service pipe shall be required to maintain in perfect order and repair, at the owner's expense, said service pipe and its fixtures and appurtenances from the curb box to and into the premises up to the meter. All such repairs shall be done under the supervision of the Water Superintendent and only with Type K copper tubing.
C. 
Maintenance of the public street service connection up to and including the curb cock will be performed by the Town at its expense and risk.
D. 
The customer shall notify the Water Superintendent promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered.

§ 203-17 Stop or waste cock required.

A stop or waste cock shall be provided within the building, so located that all piping on the customer's side of the meter can be drained whenever necessary.

§ 203-18 Vacant premises; demolished buildings.

A. 
In case a house or other building is to be closed or become vacant, notice thereof should be given to the Town in order that the meter may be read and the curb cock closed. Where such notice is not given and pipes burst from freezing or other causes, the value of water lost by reason thereof, as estimated by the Superintendent of the Water Department, together with the additional sum established pursuant to § 203-41 to cover labor and expense to the Town, shall be added to the next bill and be paid in a like manner as regular water charges.
B. 
Where a building is demolished and service is discontinued, the service line will be shut off at the main. This work will be done only by the Town, at Town expense.

§ 203-19 New connections; new extensions or attachments in unoccupied houses; taps.

A. 
Where a new connection is made with street mains and where new extensions or attachments are made in unoccupied houses, the curb cock shall be closed by the Water Superintendent. Notice of the completion of the work shall be given to the Town, and the curb cock shall not again be opened until the work has been inspected and approved by the Town and the meter read. Pipes and connections between the main and the meter shall not be covered until inspected and approved.
B. 
Taps in all mains having a cover of less than five feet shall be made on the side of the main.

§ 203-20 Meter checking; repair and responsibility.

A. 
Where a water meter fails to register the correct quantity of water delivered through it, or where it otherwise becomes out of order or in need of repair, notice thereof shall be given to the Town. Another meter will then be loaned and installed during the time required for testing and repair.
B. 
Where repairs are found necessary, the same shall be made by the Town and the cost thereof borne by the Town, except where such repair was required through other than normal wear and use and for which the customer shall be deemed responsible by the Town, and in which case the cost of inspection, testing and repair shall be charged to the customer. Any such cost shall be added to the meter bill submitted at the next periodic billing date. In default of payment thereupon, the water service may be discontinued by the Town. When, in the opinion of the Water Superintendent, a meter becomes unsuitable for further use, it shall be replaced by another at Town expense.
C. 
If a meter is out of order and fails to register, the customer will be charged at the minimum rates.
D. 
At the written request of a customer, the Water Superintendent will test the meter supplying the premises of said customer. If the meter, on test, is found to be registering over 3% more water than actually passes through it, no charge will be made for the test; otherwise a charge established pursuant to § 203-41 to cover the cost of removing, testing and resetting the meter will be made.
E. 
All meters shall be protected from freezing or other injury by the customer. Any question regarding responsibility for damage shall be determined by the Town Board.

§ 203-21 Fire hydrants.

A. 
No person shall open, interfere with or draw water from any fire hydrant in the Town without permit from the Town therefor, except that hydrants may be opened by or on the order of any member of the Highland Falls Fire Department and Fort Montgomery Fire Department within the Town of Highlands in case of fire, for the purpose of attaching thereto fire hose and equipment.
B. 
Whenever a hydrant has been opened and used, notification of such fact shall be promptly given to the Superintendent of the Water Department.
C. 
No tools or implements shall be used to open hydrants, except such as are furnished by the Town or by the Highland Falls Fire Department or Fort Montgomery Fire Department.

§ 203-22 Turning on service after discontinuance.

Where water has been turned off by direction of the Town, it shall not be again turned on without the permission of the Town.

§ 203-23 Meters required; installation; failure to comply.

A. 
A meter must be installed as herein provided in every premises using water from the Town water system, whether or not the meter is to be paid for or otherwise provided.
B. 
A meter shall be installed immediately after same has been applied for by the customer and received from the Town Water Department, and in no event later than 30 days after the receipt by the customer of said meter. If the installation cannot be made within that time, the meter is to be returned to the Water Department and a receipt given therefor.
C. 
In the event that any customer violates the provisions of this chapter with respect to making or maintaining the connection of a meter with the water system and fails to correct such violation within five days after notice has been given by the Town to do so, or in the event that the customer has failed to install a meter in connection with premises being served through the Town water system by a date fixed by the Town, the Town shall have the right to remedy the violation at the expense of the customer and to make a charge therefor, plus a service charge in the amount established pursuant to § 203-41, which charge shall constitute a lien prior to and superior to every other lien or claim, except the lien of an existing tax or local assessment, upon the real property of said owner so served with water from the date said work is done until the charges therefor are paid. The bill shall be submitted for the same immediately after work is completed, and if it is not paid within 10 days, such amount shall be added to the bill submitted at the next billing period, and if not paid when due, service may be discontinued.

§ 203-24 Water charges and rates.

A. 
The charges and rates for water service shall be as established in accordance with §§ 203-41 and 203-42, and are subject to change by the Town Board from time to time.
B. 
The date when water charges and rates become effective shall be as prescribed by the Town Board.

§ 203-25 Bills due and payable; unpaid bills.

A. 
Bills for water service shall become due and payable to the Town, and such payment shall be paid to the Town at the designated office, semiannually on May 1 and November 1 for the semiannual periods respectively ending in April and October. If not paid within 30 days, the amount of the bill plus a penalty of 10% shall be due and payable. If such bill remains unpaid for a period of 60 days from the date due, water service may be discontinued until such bill, together with the sum established pursuant to § 203-41 or 203-42 to cover expense of discontinuance and restoration of service, is paid.
B. 
All water passing through the meter will be charged for, whether the water is actually used or wasted through leakage.

§ 203-26 Unpaid rents, charges and penalties to be lien.

A. 
Water rents and charges and penalties thereon shall be a lien upon the real property upon which the water is used. On or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all water rents and charges, with penalties thereon, unpaid for more than 60 days, which statement shall contain a brief description of the property for which the water was supplied or upon which charges were incurred, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
B. 
Such rents, charges and penalties shall not be collected by the Town Clerk after the filing of such statement with the Town Board, but may thereafter be paid to the Supervisor until such time as a statement of such unpaid water rents, charges and penalties is submitted to the Town Board for the purpose of levying the same as a tax against the property affected.

§ 203-27 Discontinuance of service; notice to Town.

A. 
Notice, in writing, delivered to the Town Clerk's office at least 10 days before the semiannual date, shall be required in all cases of applications for discontinuance of water service; otherwise, the customer shall be liable for the minimum charge for the following half-year. No adjustment will be made in the service charge by reason of discontinuance of service or change in meter size for any period shorter or different from a regular full billing period.
B. 
Upon discontinuance the Town may, at its option, remove the meter. No charge will be made for discontinuance made upon written application of the customer.
C. 
A charge for restoration of service will be made in accordance with the elapsed time after discontinuance and in the same sums established pursuant to § 203-41.

§ 203-28 Meters for multiple occupancy.

A. 
Each dwelling or building or parts thereof having unrelated occupancy or distinctive use shall, at the option of the Town, have a separate meter. Otherwise, there shall be a single meter for the tax parcel containing the multiple occupancies or uses. Where water is supplied through a single meter for more than one such occupancy or distinctive use, the minimum charge shall be the regular charge for such meter multiplied by the number of such occupants or distinctive uses. The Town, at its option, may either charge the customer for the single tax parcel containing multiple buildings, occupancies or uses served by a single meter for all the water used as registered by the meter or the total amount of water delivered as registered by the meter shall be divided by the number of such occupancies or distinctive uses, and the result shall be deemed to be the amount of water delivered for each occupancy or distinctive use and shall be charged for as if the quantity of water furnished each occupancy or use was through a separate meter.
B. 
Water shall be charged for and billed on the basis of full meter-reading intervals, unless the following provisions are complied with. In the event that a landlord has a vacancy in one or more units, the landlord may notify the Water Department that such a vacancy exists and that he desires the benefit of this provision during such vacancy. The Water Department shall then read the meter and record the reading. When said unit is again occupied, the property owner shall be required to promptly notify the Water Department, and the meter will again be read. The charge for water consumed in the interval shall be divided by the number of units being served by said meter, and in the event that the pro rata amount for each unit is $11 or less, credit shall be granted to the user for the portion of the period of such vacancy of said unit, not in excess of $11 for the full period. This provision may not be invoked for any vacancy period continuing less than three continuous months. In all cases where vacancy is less than three months' duration, water shall be charged for and paid for on the usual basis without any credit for vacancy. If the vacancy does not continue for at least three months, a charge as set forth from time to time by resolution of the Town Board for the extra reading shall be made and billed for at the next billing date.
C. 
When distinctive uses cannot be readily determined, minimum rates shall be fixed by former fixture rate, that is, by dividing the total fixture billings by the minimum rate of $11.

§ 203-29 Special use of water.

Water required for use for special purposes, including use for building construction, may be furnished by the Town at the discretion of the Town Board and subject to conditions of service, water rates and charges established by said Board. Application, in writing, must be submitted to the Town Board for such request for service. Meters must be installed within 120 days of application for water service on new construction.

§ 203-30 Right of entry.

The Superintendent of the Water Department or his authorized agents shall have full power to enter the premises of any customer or user of water, at all reasonable hours, to read meters or to examine fixtures, plumbing and manner of using water or for any reasonable purpose in connection with the operation of the water system and/or use of water therefrom.

§ 203-31 Authority of Water Superintendent.

Whenever it is referred to herein that permission be granted by or that an application be made to or that an act be done by or that an act be approved by the Town, it shall mean the Superintendent of the Water Department of the Town of Highlands, New York, or his authorized Town representative.

§ 203-32 Service connection from street main to curb cock; requirements and charges.

A. 
The corporation cock, curb cock and box and service pipe from the street main shall be installed in locations designated by the Superintendent of the Water Department. All materials shall be furnished and installed by the property owner, at the property owner's sole cost and expense, upon approval by the Town of the property owner's application made in accordance with applicable law, regulations and specifications.
B. 
Before the tap connection between the water main and the service pipe is made, the property owner shall pay to the Town a service connection charge and tapping charge in amounts established pursuant to § 203-41. The tap shall only be made by the person or corporation approved in accordance with § 203-10 above, a contractor acceptable to the Town.
C. 
The service pipes and fittings and the meter settings shall be of a make, size and pattern determined by the Town, and the installation of all facilities shall be made in accordance with the Town's specifications, rules, regulations and laws and under the direction of the Superintendent of the Water Department.

§ 203-33 Protective devices.

In all places where hot-water and steam boilers, hot-water tanks, tempering tanks, pressure vessels and/or any heating or cooling appliances are supplied with water form the Town water system, it shall be the responsibility of the customer that a suitable check valve, vacuum breaker, safety valve or any other proper device be furnished to prevent damage from collapse, explosion or any other damage which may occur when the water is shut off. The Town shall not be liable for any damage resulting from sudden shutting off of the supply of water from any hot-water or steam boiler, hot-water tanks, tempering tanks, pressure vessels and/or any heating or cooling appliances.

§ 203-34 Right to limit or shut off water supply.

The Town reserves the right to limit the amount of water furnished to any customer, should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said Town may entirely shut off the water supply used for any manufacturing purposes or furnishing power or for lawn sprinkling at any time, by giving reasonable notice of such intended action; or in the case of making or constructing new work, or in making repairs, or in emergency, the right is reserved to shut off the water from any customer without notice, for as long a period as may be necessary.

§ 203-35 Damage from change in water pressure.

The Town shall not be liable for any damage or loss of any name or kind to property or persons which may arise from or be caused by any change, diminution or increase of water pressure from any cause whatever.

§ 203-36 Installation of water mains.

A. 
Responsibility of property owner; insurance.
(1) 
Where a water main does not front on the property and/or where extension of a water main is necessary in order to provide water service to the property, the property owner shall be responsible to install such water main, valves, hydrants and other appurtenances required by the Town at the property owner's sole cost and expense. All work shall be performed in accordance with plans prepared by the owner pursuant to the Town's specifications and approved by the Town. Among other specifications, the minimum size of the water main shall be six inches in diameter, unless determined otherwise by the Town Board. All work shall be performed by a contractor satisfactory to the Town, and the Town shall receive sufficient notice prior to commencement of any work. All work shall be performed under the Town's supervision and the property owner is responsible for arranging inspections by the Town.
(2) 
The owner shall defend, indemnify and hold harmless the Town from any loss, injury, damage or cost whatever that may directly or indirectly arise from installation of water facilities. The owner shall obtain liability insurance in amounts as determined by the Town and shall name the Town as additional insured with respect to such installation and related work. The Town may require that the owner provide a certificate of insurance.
B. 
Water facilities become property of Town. All such facilities, upon completion, shall become the property of the Town, and any required deeds and/or rights-of-way necessary shall be furnished by the subdivider or developer to the Town of Highlands.
C. 
Acceptance or dedication of new public streets. No new public street shall be accepted or dedicated from a subdivider or developer until water facilities in such street have been installed, paid for and conveyed to the Town in accordance with the preceding subsections of this section.

§ 203-37 (Reserved)

§ 203-38 Service pipes and fittings.

A. 
Service pipes and fittings from the curb cock to the meter shall conform to such standards and shall be of such make and type as the Town Board shall direct and shall be of such size as the Town shall deem proper. The minimum size for any service hereafter installed shall, however, be 3/4 inch. Service pipes from the curb cock to the meter less than two inches in diameter shall be of pure, seamless, soft-tempered copper tubing with flared bronze fitting or red brass pipe. Tubing shall be of the following thickness:
Normal Pipe Size
(inches)
Outside Diameter of Tubing
(inches)
Type
3/4
7/8
K
l
1 1/8
K
1 1/4
1 3/8
K
1 1/2
1 5/8
K
B. 
The above specifications may be revised from time to time by resolution of the Town Board.

§ 203-39 Discontinuance of service for noncompliance.

The Superintendent of the Water Department or his authorized agent may discontinue water service, shut off the supply of water and remove the meter from any premises where the owner or occupant of such premises has failed to comply with the applicable rules, regulations or laws or has failed to pay water rents as required in § 203-42. Water service shall not be resumed until the cause for such discontinuance is remedied and until the expense of shutting off and turning on the water, in an amount established pursuant to § 203-41, is paid to the Town Clerk.

§ 203-40 Acceptance of rules and regulations.

All persons who hereinafter make application for water service or who continue the use of the Town water service after the taking effect of the foregoing rules, regulations, ordinances and amendments will be deemed to have assented thereto and to have agreed to conform to the provisions of said rules, regulations, ordinances and amendments and to pay the water rates as established.

§ 203-41 Charges and monetary amounts.

All charges, other fees and bonds provided for in this chapter may be established and amended from time to time by resolution of the Town Board. All unpaid charges and fees are deemed water rents.

§ 203-42 Water rents; payment procedures.

A. 
The Town Board shall establish a scale of rents for the use of water, called "water rents," which shall be paid by all users at such times as the Town Board may prescribe. Such water rents may be established and changed from time to time by resolution of the Town Board. Such rents shall be a lien on the real property upon which the water is used, and such lien is prior and superior to every other lien or claim except the lien of an existing tax. In addition to the other remedies provided by law for nonpayment of water rents, the Town Board may assess and levy such unpaid water rents upon the property in the same manner as a real property tax.
B. 
Water may be sold by the Town in quantity by special contract. The Town Board may make any special contracts for the use of water it deems advisable. The charge to the property owner or consumer for such water is deemed a water rent.
C. 
Water rents shall be due and payable as prescribed by the Town Board. All bills must be paid in full within 30 days of the date of the bill. Any customer who fails to pay its bill in full within said 30 days shall be assessed a penalty of 10% of the amount due and, in addition, shall be assessed an additional penalty of 1/2% of the original bill each and every month, on the first day of each month, until the bill, including interest and penalties, is paid in full. All interest and penalties are deemed water rents.
D. 
In addition to the above, if the owner or occupant of any premises supplied with water fails to pay water rents within 60 days after such rents shall become due or fails to pay any fine or penalty within 15 days from the date notice is mailed to the property owner that such fine or penalty has been imposed, the Water Superintendent may cause the supply of water to such premises to be discontinued. Failure to receive water bills or notice of any fine or penalty shall not be an excuse or defense to the owner's or customer's failure to timely pay the required water rents, fine or penalty.

§ 203-43 Penalties for offenses; recovery of costs; partial invalidity; construal of provisions.

A. 
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation of or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Town Board occurs shall constitute a separate and distinct violation.
B. 
Whenever the Town Board brings an action to compel payment of any water rents or penalty and the Town recovers any amount of such required payment, then the Town shall be entitled to judgment in such amount plus the cost to the Town, including reasonable attorney's fees, of bringing and maintaining the action.
C. 
In the event that any sentence, provision, subsection or section of this chapter is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other sentence, provision, subsection or section of this chapter.
D. 
Nothing herein contained shall be construed to exempt any offender from any other penalty provided by law.

§ 203-44 Right to change and amend.

A. 
The right is reserved to change and amend these rules, regulations, laws, codes and amendments, to make special rates, variations and contracts in all proper cases or to turn off the water supply without notice in case of extensions, repairs or other necessity without liability for damage for lack of water or for any damage which may result from the turning off of the water supply.
B. 
All rules, regulations, ordinances and amendments, rates and charges now in effect in said water system shall continue except as herein modified. These rules, regulations, laws, codes and amendments shall become effective in accordance with the provisions of the Municipal Home Rule Law.
C. 
Water may be sold by the Town in quantity by special contract. The Town Board may make any special contracts for the use of water it deems advisable. The charge to the property owner or consumer for such water is deemed a water rent.
D. 
Water rents shall be due and payable as prescribed by the Town Board. All bills must be paid in full within 30 days of the date of the bill. Any customer who fails to pay its bill in full within said 30 days shall be assessed a penalty of 10% of the amount due and, in addition, shall be assessed an additional penalty of 1/2% of the original bill each and every month, on the first day of each month, until the bill, including interest and penalties, is paid in full. All interest and penalties are deemed water rents.
E. 
In addition to the above, if the owner or occupant of any premises supplied with water fails to pay water rents within 60 days after such rents shall become due or fails to pay any fine or penalty within 15 days from the date notice is mailed to the property owner that such fine or penalty has been imposed, the Water Superintendent may cause the supply of water to such premises to be discontinued. Failure to receive water bills or notice of any fine or penalty shall not be an excuse or defense to the owner's or customer's failure to timely pay the required water rents, fine or penalty.

§ 203-45 Master water meters.

When master water meters are required or directed to be installed by the Town Board for private developments, subdividers or commercial purposes, such master meters shall be furnished by the Town Water Department.

§ 203-46 Rules governing private water mains.

A. 
No installation outside the Town of Highlands may be served with water through Town mains except by contract with the Town approved by the Town Board and specifically providing for method of installation, size and type of pipe, supervision of installation and fees.
B. 
Private water mains connected to the Town water system supplying premises outside the Town water district limits or otherwise privately owned or not accepted by the Town Board for dedication will not be maintained at Town expense. Whenever leaks are discovered in said mains, the owner or owners of the private main will be given notice to have repairs made within six hours, and if the repairs are not accomplished within the given time, the water will be shut off until the repairs have been made to the satisfaction of the Town Board. Such repairs will be subject to inspection by the Town Water Superintendent.

§ 203-47 Water main extensions by Town.

A. 
The Town of Highlands must submit plans of proposed water main extensions to the Village of Highland Falls Village Board when such extensions involve the use of Village water for approval before any work is undertaken by the Town water districts.
B. 
If the installation is by a subdivider or developer within the water district, this shall be in accordance with the Village of Highland Falls rules and regulations which have been incorporated herein by reference. Plans for any work done by subdividers or developers must also be submitted to the Village Board for approval.
C. 
All service pipe and fittings from the water main to the meter shall conform to § 203-38 of this chapter.
D. 
All work in water districts on mains or house services shall conform to the applicable sections of the Town and Village water regulations, and the work must be inspected by the Town or Village Water Department, as the case may be, before any trenches are backfilled.

§ 203-48 Cross-connection control.

A. 
Legislative intent. The purpose of this section is to safeguard the potable water supply from potential contamination by preventing backflow from a water user's system into the public water system and to comply with the requirements of the New York State Sanitary Code, 10 NYCRR Part 5, § 5-1.31. This is to be accomplished by:
(1) 
Requiring an approved air gap, reduced pressure zone device, double-check valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection;
(2) 
Requiring the users of such connections to submit plans for the installation of protective devices to the Building Inspector and the Orange County Department of Health and/or New York State Department of Health for approval; and
(3) 
Assuring that all protective devices be tested at least annually, records of which shall be submitted by the property owner to and maintained by the Building Inspector.
B. 
Backflow prevention devices required.
(1) 
All nonresidential users of the public water system and all residential users of the public water system having auxiliary water supply, including but not limited to a private well, lawn sprinkler or irrigation system, shall be required to comply with this section.
(2) 
Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the requirements of the Town of Highlands and the New York State Plumbing Code. For purposes of this section, a backflow prevention device is an approved air gap, reduced pressure zone device, double-check valve assembly or equivalent protection device designed to prevent potential contamination of a public water system.
(3) 
Backflow prevention devices conforming to the most current requirements of the New York State Department of Health and the Orange County Department of Health shall be installed by the owner of those systems pursuant to the rules of those Departments in force at the time of the installation.
(4) 
A certificate of occupancy shall not be issued by the Building Inspector for a new or modified/renovated/rehabilitated structure having a system classified by the Department of Health or determined by the Building Inspector as hazardous unless a backflow prevention device has been installed and approved pursuant to this section and Department of Health requirements.
(5) 
The cost to install a backflow prevention device shall be borne by the owner of the property.
(6) 
The Town Building Inspector or designee shall make a determination as to whether a property owner requires a backflow prevention device and the type of device in accordance with this section and the New York State Department of Health and the Orange County Department of Health requirements and regulations.
C. 
Upgrade of preexisting systems. Any preexisting system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this section and of the New York State Department of Health and the Orange County Department of Health within 120 days following the service of notice by certified mail to install said device.
D. 
Determination of type of backflow protection device. The Building Inspector or designee shall determine the type of device required for each property and facility. In making this determination, the Building Inspector shall utilize the Sample List of Facilities Requiring Backflow Prevention, prepared by the Department of Health and, if necessary, shall consult with the Orange County Department of Health.
E. 
Cross-connection control by facility type.
(1) 
The types of facilities which shall require installation of an approved reduced pressure zone (RPZ) or air gap in the service connection to the public water distribution system include, but are not limited to:
(a) 
Sewage and industrial wastewater treatment plants and pumping stations and sewer flushers;
(b) 
Paper manufacturing or processing, dye plants, petroleum processing, printing plant, chemical manufacturing or processing, industrial fluid systems, steam generation, rubber processing and tanneries;
(c) 
Canneries, breweries, food processing, milk processing, ice manufacturing, meat packers, poultry processing and rendering companies;
(d) 
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries and embalmers;
(e) 
Shipyards and marinas;
(f) 
Metal-plating, photo-processing, laundries, commercial car washes, commercial refrigeration systems and dry-cleaning establishments;
(g) 
Commercial greenhouses, spraying and irrigation systems using weedicides, herbicides and exterminators;
(h) 
Boiler systems, cooling towers or internal fire-fighting systems using conditioners, inhibitors and corrosion control chemicals;
(i) 
Residential units with a lawn and irrigation system with chemical injection.
(2) 
The types of facilities which shall require installation of an approved double-check valve in the service connection of the public water distribution system include, but are not limited to:
(a) 
Customer fire protection loops, fire storage tanks with no chemical additives;
(b) 
High-temperature potable water;
(c) 
Utilization of food-grade dyes;
(d) 
Complex plumbing systems in commercial buildings, such as, but not limited to, beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites and carnivals;
(e) 
Residential units with a lawn and irrigation system.
(3) 
The above lists are not all-inclusive. The type of backflow prevention device required for each facility shall be determined by the Building Inspector or designee as set forth above.
F. 
Testing; owner liability for costs. The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring the same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and the Orange County Department of Health. Test results shall be submitted to the Building Inspector.
G. 
Department of Health requirements. The Building Inspector and the Water Superintendent and their agents shall enforce this section and the cross-connection and backflow protection requirements, specification, guidelines and facilities classifications of the New York State Department of Health and the Orange County Department of Health. Specification, guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Building Inspector's office.
H. 
Penalties for offenses. In addition to, and not in lieu of, any other penalty set forth in this chapter, any person who violates any provision of this section shall be subject to a fine not to exceed $250 for each day the violation continues after notice by the Building Inspector. In addition, the service of water to any premises may be discontinued by the Town if backflow prevention devices required by this section or regulations adopted pursuant thereto are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if any unprotected cross-connection exists on the premises; and water service shall not be restored until such condition or defect is corrected.