[Adopted as Ch. 45, Arts. IV and VI, of the
1971 Code; amended in its entirety 1-13-1997 by Ord. No. 1-1997]
A.
BOARD
CONSUMER
DEPARTMENT
DISTRICT
OUT-OF-DISTRICT USERS
OWNER
REMOTE
SUPERINTENDENT
WATER LINE
WATER MAIN
Unless the context specifically indicates otherwise, the meanings of terms used in Articles I and II of this chapter shall be as follows:
The Town Board of the Town of Fallsburg.
The owner(s) of premises supplied with water from the system.
The Department of Public Works (DPW).
The water district in the Town of Fallsburg or authorized
person(s) in its employ.
Owners of parcels which are fully or partially outside of
the water district boundaries who have entered into an agreement with
the Town to use Town-supplied water for that portion of land outside
the district.
A person possessing the title to a parcel of land with a
designated section, block and lot number.
A piece of equipment required to read the water meter.
The person designated and appointed by the Town Board to
supervise the operations of the water district, inspect and supervise
the installation of connections to the water district, supervise the
employee(s) of the water district and enforce observance of the rules,
regulations and ordinances of the water district.[1]
Any size or type of pipe which conveys potable water.
A primary water line in the water supply system generally
six inches or more in diameter.
A.
Owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within any water district of the Town of Fallsburg and abutting on any highway, street, alley or right-of-way in which there is now located or may in the future be located a Town of Fallsburg water district water main as described in § 299-1 of this article are required to exclusively use municipal water once said property is connected to a water main as set forth in § 299-1 of this article.
[Amended 3-24-1998 by L.L. No. 1-1998]
B.
Owners of parcels outside the water district may not
connect to a water main in the district without prior approval of
the Town Board. Owners of all parcels granted outside user status
by the Town Board are required to conform with all sections of this
article.
C.
The owner shall own, maintain and be responsible for,
but the Town will have control of, the service line from the curb
stop to the water meter.
D.
The water district reserves the right, at all times,
to shut off water in case of any emergency which may demand it. For
the making of routine repairs or new connections not of an emergency
nature, the district will attempt to give notice to all affected consumers
as to the time of such shutoff and its probable duration. It is the
consumer's responsibility to act and prepare for his water needs during
the service interruption and to prevent any damage to his piping or
plumbing fixtures due to lack of pressure, back siphonage, etc. For
any damages caused to consumer's water pipes, plumbing fixtures, hot
water heaters or pumps by loss of water pressure due to accidental
water main, service line breaks or other failure beyond its control,
the water district assumes no responsibility.
E.
Customers using water must, at all reasonable hours
of the day, permit the Department or its authorized representatives
to enter their premises for the purpose of determining the manner
in which water is used, inspection, and the installation, replacement
and/or reading of water meters. Should the Town not be able to gain
access to the residence for the reading, repair or replacement of
the water meter after the first notice, the Town of Fallsburg shall
send a second notice to the customer that access to the meter is required.
Should the customer fail to schedule an appointment for access per
the notice or fail to accommodate scheduled access a second time,
the Town shall send a third notice to the customer If the customer
fails to accommodate access the third time or fails to respond to
the Town within the ten-day allotted time period, the Town shall have
the right to charge a $200 nonrefundable surcharge per quarter until
such time as the customer allows the Town access to the meter. Should
the customer not allow the meter to be read for a period of one year.
the Town shall have the option to terminate water service and/or begin
litigation against the customer for access to the meter. The customer
shall be responsible for all reasonable attorney fees together with
court costs and disbursements.
[Amended 6-8-2010 by L.L.
No. 14-2010]
F.
The owner
shall submit a water connection permit application on a form furnished
by the Town. The permit application shall be supplemented by any plans,
specifications and other information considered pertinent in the judgment
of the Town Engineer. Permit and inspection fees, in an amount established
from time to time by resolution of the Town Board, shall be paid to
the Town at the time the application is submitted.
[Added 10-24-2022 by L.L. No. 9-2022]
[Added 3-24-1998 by L.L. No. 1-1998]
Except as hereinafter provided, it shall be unlawful to construct on any property in the Town of Fallsburg that is subject to the provisions of § 299-1 and § 299-2 of this article, any wells and connections thereto, any springs and connections thereto and any other water source or to use such well, spring or water source if there is municipal water available pursuant to § 299-1 and § 299-2 of this article.
A property owner subject to the provisions of § 299-1 and § 299-2 of this article, where conditions and special conditions exist, may apply to the Town of Fallsburg Water Department for a waiver so as to permit such property owner to use an alternate source of water such as a well, spring or other source. The determination by the Town of Fallsburg Water Department and the granting or denying of such waiver, together with such limitations as may in the discretion of the Town of Fallsburg Water Department be deemed prudent, shall be deemed final. It is the intention that such waiver may only be granted in drought conditions, conditions of water shortages or in conditions of exceptional hardship on the part of any property owner under § 299-1 and § 299-2 of this article.
A.
Water meters are required for each individual owner's
service and shall be provided and installed by the Department of Public
Works (DPW) for a fee as set forth in the rate table. The meter shall
remain the property of the Town. The Department of Public Works (DPW)
must have access at all times to the water meter. The DPW is not responsible
for any damage that may occur to the water meter or to the owner's
property due to the owner's negligence regarding the water meter.
If an owner claims that his water meter is not functioning properly,
the DPW will test the meter. If the meter, when tested, reads within
3% of a known flow value, the owner shall pay all costs of personnel
and equipment necessary for the test, in accordance with the rate
table. However, if the meter is greater than 3% in error, the Town
will install a new meter at no cost to the owner and bills will be
adjusted appropriately for a period of 90 days prior to the owner's
initial written complaint. Should the Town not be able to gain access
to the residence for the reading, repair or replacement of the water
meter after the first notice, the Town of Fallsburg shall send a second
notice to the customer that access to the meter is required. Should
the customer fail to schedule an appointment for access per the notice
or fail to accommodate scheduled access a second time, the Town shall
send a third notice to the customer if the customer fails to accommodate
access the third time or fails to respond to the Town within the ten-day
allotted time period, the Town shall have the right to charge a $200
nonrefundable surcharge per quarter until such time as the customer
allows the Town access to the meter. Should the customer not allow
the meter to be read for a period of one year, the Town shall have
the option to terminate water service and/or begin litigation against
the customer for access to the meter. The customer shall be responsible
for all reasonable attorney fees together with court costs and disbursements.
[Amended 6-8-2010 by L.L.
No. 14-2010]
B.
In the event that the pipes of the consumer are not
in proper condition for the installation of a water meter, the consumer
shall cause said pipes, at the point at which said meter is to be
installed, to be put in proper condition prior to the installation
of said meter. If the meter is not installed in an accessible place,
the water will be turned off by the Water Department and will be turned
on at the owner's expense after the meter is reset in an accessible
position. There shall be no tampering with water meters, breaking
meter seals or meter remote wiring, with the intent to slow, stop
or alter the reading of the water meter.
C.
In case a building is closed or becomes vacant, the
owner or designated representative shall provide two days' notice
to the Department in order that the meter may be read and the curb
cock closed. The meter shall be removed and stored by the Town at
a fee set forth in the rate table. Where such notice is not given
and pipes burst from freezing or other cause, or where the meter is
damaged or destroyed by any act of commission or omission of the owner,
the value of the water lost by reason thereof, as estimated by the
Town, together with the cost of repair of said meter and pipes, together
with the additional sum set forth in the rate table, shall be paid
prior to the installation of a new meter in said building.
D.
It shall be the responsibility of the property owner
to provide protection for water meters installed in basements against
damage from freezing or backflow of hot water. Any repairs necessitated
by neglect of such responsibility will be charged to the owner's account.
E.
All condominium
housing units in the Town of Fallsburg are required to have individual
meters and pay quarterly fees for usage. In the event the condominium
development does not have individual meters, at each dwelling unit,
the Town of Fallsburg shall have the right to bill each unit owner
the quarterly minimum for usage. The master meter shall still dictate
the actual usage for the billing cycle.
[Added 7-13-2020 by L.L. No. 9-2020]
A.
Curb stops are owned by the Town and shall be turned
on and off by authorized DPW personnel only. An owner or designated
representative must be present when the curb stop is opened or closed,
except in the event of an emergency. A fee as set forth in the rate
table will be charged for each occurrence to turn on or off the water
service at the owner's request. No person shall interfere with or
cause obstruction to any curb box. Unauthorized use of curb stops
shall be subject to a penalty of $250 for each occurrence.
B.
All service pipes and their fixtures and appurtenances
from the curb valve or gate valve and into the premises shall be maintained
and kept in repair and free from leaks at the expense of the consumer.
Leaks in service pipes shall be repaired within 48 hours after notice
is given to the consumer. If leaks are not repaired within said period,
the district may hire a contractor to repair the leak and bill the
repair to the consumer. The consumer shall notify the Department promptly
of any leak, defect or damage affecting the service pipe between the
curb valve and the point where metered. Water service lines may be
abandoned only by proper techniques approved by the Department.
C.
All applications for the use of water or the supply
of water must be made in writing at the office of the water district
using an official application and allowing a minimum of two weeks
for application approval by the district. No water shall be taken
from district mains, service pipes, fixtures, hydrant, apparatus or
by any means whatsoever unless written applications for such water
service are signed by the owner of the property to be supplied, or
his agent, and have first been approved by the district. Any person
who shall be supplied with water by the district shall be deemed to
have accepted and approved the rules and regulations pertaining thereto.
The continuance to take water after any amendment, change or addition
to the rules and regulations shall be deemed an acceptance of such.
D.
No property owner or tenant shall supply water to
other persons or families other than those specified in the application
for service or the use indicated by rate charges; i.e., single-family
residence, commercial, etc. If any water is so supplied, the party
supplying the same shall be liable to pay the regular rates for such
persons or families.
E.
All consumers are required to keep their service pipes,
stopcocks and fixtures connected therewith in good repair and protected
from freezing and so arranged and provided with stop and waste cocks
as to allow the pipes to be drained and kept empty of water during
all periods of dangerous exposure to freezing conditions. No continuous
flow of water to prevent piping from freezing will be permitted, except
at a special rate and with written consent of the Department. The
owner shall be responsible for those water service lines which freeze
and any cost of the repair of same from the curb cock to the residence.
If the Department assists in thawing them out, the cost shall be borne
by the property owner.
F.
The water district reserves the right to exclusively
control service lines between the main and the curb or gate valve.
The district shall accept responsibility for the replacement due to
malfunction of such pipes, corporation cocks and curb valves, including
the repair of leaks which may occur between the Town main and the
curb or gate valve. Such leaks, repairs or replacement will be performed
for in-district users at the district expense. Out-of-district users
will be billed for the aforementioned work.
G.
No person shall conduct water from one service connection
into two or more separate buildings without obtaining written permission
from the district.
A.
No person other than an employee of the water district,
having been directed to do so, shall tap any district water main or
connect any pipe to such main or connect any pipe to any service line
without due authorization from the Department. When an owner's plumber
desires the Town to make a tap to a Town main, he must notify the
Town not later than one week before the tap is required and must agree
to the date and exact hour that he will be ready for such tap to be
made. The Town's tapper shall not be required to wait more than 15
minutes after his arrival before proceeding with the tap; and if the
plumber is not ready within that time, a new appointment shall be
made.
B.
New service pipes.
(1)
For new service pipes up to two inches in diameter,
all expenses attending the introduction of water from the Town main
into any premises must be paid by the owner, with the exception of
tapping the main and furnishing the corporation cock, curb valve,
curb box and copper piping from the main to the curb valve, the cost
of which will be borne by the Town as part of the application fee.
(2)
Excavation and backfill for service pipes shall be
made by the owner's contractor or plumber at the owner's expense.
(3)
For new service lines larger than two inches in diameter,
all expenses attending the introduction of water from the Town main
into any premises must be paid by the owner, including tapping of
the main, furnishing the tapping sleeve and gate valve, valve box
and all necessary piping as required, excavation, backfill and restoration
of disturbed areas.
C.
The curb valve shall be installed on the road frontage
property boundary of the owner. The curb valve will be equipped with
a curb stand protruding above grade. If the curb valve is in an area
with vehicular traffic, a curb box will be installed having a lid
with the word "water" thereon. In the installation of a service line
where a gate valve is required, the valve will be positioned in the
roadway adjacent to the street water main with an access box and the
word "water" thereon. No person shall cover with dirt, debris, road
building or other material any curb stand, curb box or main valve
box and lids. When resurfacing or repairing the aforementioned, the
owner of the property will raise or lower curb boxes or main valve
boxes to the finished grade level. The district may reposition improperly
placed curb valves and stands to the property boundary as the situation
arises.
D.
Street openings.
(1)
No street or public place shall be opened by any person
for the purpose of making a tap connection with the main or for the
laying of water pipes or fixtures unless permission shall have been
granted by the authority having jurisdiction therein. The Department
must have one week's notice prior to the start of any work.
(2)
Whenever any street or public place shall have been
opened for the purpose of making a connection with the water mains
or for laying of water pipes or fixtures, the applicant shall obtain
the necessary road-cut permit. The applicant shall have proper regard
for public safety and convenience and shall notify the appropriate
Highway Department prior to backfill and after road surfacing is completed
so that the street or place may be restored to its original condition.
Excavation shall be guarded with barricades, and sufficient warning
lights shall be displayed at night by the applicant. The street must
be kept open to traffic during construction.
A.
No abatement or other deduction shall be allowed for
temporary unoccupancy of any unit or metered service.
B.
A consumer, desiring discontinuance of service, shall
give written notice to the water district at least 10 days before
the quarterly billing dates. A pro rata bill for the portion of water
consumed to date shall then be submitted to the applicant, including
a shutoff fee. In the event that the same said owner requests the
water district to resume service within a one-year period, he will
be liable for the minimum charges that would normally have been accrued
during that shutoff period, including a turn-on fee.
C.
A property owner that requests discontinuance of service due to a change of ownership must give notice in writing to the water district. A pro rata bill for the portion of water consumed shall be submitted to said owner. Upon receipt of payment, water shall be discontinued. The new owner of record shall follow the procedure in § 299-6 and shall pay a turn-on fee.
D.
The Town may discontinue water service and shut off
the supply to any premises the owner or occupancy of which has failed
to comply with the provisions of any ordinance relating to the character
or construction and maintenance of service pipes and connections and
the use of water. Such service will not be resumed until the cause
for such discontinuance is removed and the expense of shutting off
and turning on the water, if any, is paid to the Department.
A.
Service pipes.
(1)
A service pipe from the curb valve to the meter shall
be laid at least 41/2 feet below the surface of the ground at all
points and shall conform to such standards as set forth herein. For
copper installation, only Mueller compression fittings will be allowed.
No branch connections shall be made to service pipes between the main
and the water meter connection. Taps in all mains having a cover less
than five feet shall be made on the side of the main.
(2)
Service pipes from the curb valve or gate valve to
the building connection are the owner's responsibility, and the owner
will notify the district when such piping is installed so that a representative
of the district may inspect the work before the trench is backfilled.
All pipe will be backfilled with a six-inch layer of sand around the
pipe. No water use will be permitted until the installation has been
approved by the Department.
(3)
Service pipes from the curb valve to the meter, less
than two inches in diameter, shall be of pure, seamless, soft-tempered
copper tubing with compression fittings.
(a)
Tubing shall be of the following thickness:
|
Normal Pipe Size
(inches)
|
Outside Diameter of Tubing
(inches)
|
Type
| |
|---|---|---|---|
|
3/4
|
7/8
|
K
| |
|
1
|
1 1/8
|
K
| |
|
1 1/2
|
1 5/8
|
K
|
(b)
No soldered joints shall be permitted in copper
tubing underground.
(c)
The use of one-hundred-sixty-pound test plastic
pipe may be allowed from the curb valve to the house for building
service with proper approval by the Superintendent. The pipe must
be water service plastic pipe approved by the Superintendent.
(d)
No tee or other fittings through which water
can be taken will be permitted on the service pipe between the main
and the meter.
(4)
Plumbers, after completing the work of introducing
the water into a property and testing the pipes and fixtures, shall
turn the water off at the curb valve until a meter has been set on
the service.
B.
No connection to any other source of supply of water
shall be made or maintained to any pipes or fixtures that may be connected
with the water district. If any connection to another source of supply
is maintained, the water from the district shall be shut off and service
not restored until such connection to the other service has been discontinued.
C.
All new connections are required to install and maintain
a meter yoke at the owner's expense. The type and location will be
specified by the Superintendent. Service lines must have a valve immediately
on both sides of the meter yoke.
D.
A pressure reducer must be installed on the street
side of the meter. The reducer will be maintained by the owner.
E.
All new installations and renovations shall include
a backflow prevention valve as specified by the Superintendent. The
backflow prevention valve will be installed after the meter yoke and
before any connections are made. The Superintendent may require other
cross-connection control devices to be installed at the owner's expense.
It will be the owner's responsibility to maintain or replace any cross-connection
control device if defective. These devices are subject to inspection
by the Superintendent or his appointee.
A.
No person, except an authorized fireman in the course
of his normal duties, may open or otherwise tamper with a public fire
hydrant. A contractor or other person desiring to use water from a
fire hydrant must first deposit a check in accordance with the rate
table at the Town Clerk's office and obtain permission from the Department
for its use, which will prescribe the manner of operation, the hours
during which the hydrant may be used and the duration of its use.
If no damage to the hydrant occurs during the period of use, the bond
deposit will be deducted from the charge for water used. If the hydrant
is damaged during the period of use, the person who requested its
use will be liable for the cost of material and labor needed to repair
the hydrant.
B.
The installation and location of private hydrants
and fountains will be subject to approval by the Department. Should
waste therefrom become a nuisance or hazard to adjacent property,
the supply may be discontinued until repairs have been made.
C.
Fire hydrants and other water district appurtenances
shall not be encumbered in such a manner which makes repair, use or
snow removal unnecessarily difficult.
D.
Private fire hydrants shall be painted yellow and
shall only be operated upon twenty-four-hour notice to the Department
so that a meter can be placed on the hydrant. This does not apply
to emergency situations.
[Amended 1-13-1997 by Ord. No. 1-1997; 7-13-2020 by L.L. No. 5-2020]
B.
Any person, firm, corporation, organization or group
who commits an offense against these regulations shall be subject
to a civil penalty enforceable and collectable by the Town in an amount
set by resolution of the Town Board. In addition to the above penalties,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
or to restrain by injunction an offense against these regulations.
Where any violation of these regulations causes additional expense
to the water district, that water district shall have a cause of action
against the violator to recover such cost. The cause of action may
be asserted at the discretion of the Board and shall be in addition
to the fine, imprisonment, penalty and injunction hereinabove provided
and shall be brought by the Attorney for the Town in the name of that
water district in a court of competent jurisdiction.
