All applications for the use of water, provided by the town, must be made in writing on a form provided by the Department. On acceptance by the Department, the application shall constitute a contract between the town and the applicant, obligating the applicant to pay the town its applicable rates and charges as set forth in Article X and to comply with the rules and regulations of this chapter.
Applications of contractors, builders and others for temporary service will be accepted, written permits will be issued and temporary water service will be supplied, provided that it does not interfere with the use of water for general purposes and that use of water from any hydrant shall be strictly in accordance with § 175-23 of this chapter. Applicants requiring temporary service shall reimburse the town for its expense in connection with providing the necessary temporary service connection.
No agreement will be entered into by the Department with any applicant for water service until all charges due the town from the applicant for water or services at any premises now or heretofore owned or occupied by the applicant which are in arrears shall have been paid.
Approval of the water service application for any new applicant or the providing of increased service to any existing water user requiring water for other than normal domestic purposes shall be subject to the review and approval of the Department. Where necessary in the opinion of the Department, the applicant shall provide at his own expense such water conservation, storage or flow-limiting facilities or such other devices necessary to obtain the approval of the Department. The Department reserves the right to refuse or limit service to any new applicant or existing water user if the foregoing requirements are not met to the Department's satisfaction.
No applicant shall make any attachment with the mains of the town or may make any repairs, additions to or alterations with the service water lines, between the main and curb stop, unless the applicant is authorized in writing by the Department.
A separate service line shall be required for each dwelling or commercial building.
Any existing consumer in violation of these requirements may be notified on 30 days' written notice from the Department to conform to this regulation.
The procedures to be followed by applicants in the town who propose to install new waterworks shall be in accordance with the rules and regulations of the Department and as enumerated in the following subsections:
The applicant or his engineer shall furnish the Department with two prints of the proposed overall development plan on which are indicated the required water mains and appurtenances. The Department shall also furnish to the applicant the Department's requirements regarding materials of construction and specifications for pipe, fittings, valves, hydrants and appurtenances along with any special conditions regarding installations. After this plan has been approved by the Department, one copy will be filed with said Department. Maps shall be 24 inches by 36 inches in size, drawn to the scale of one inch equals 50 feet.
Before the applicant is ready to file the map with the Department of Health, the applicant shall furnish the Department, for its approval, with a copy of the proposed map, on which will be indicated the size of the water mains and appurtenances along with construction specifications, in writing, which should be consistent with the requirements of the Department furnished under Subsection A above.
The installation of the waterworks will be inspected and supervised by the Engineer and the Department or representative. Upon completion, two record plans of the completed installation shall be furnished to the Department by the applicant in a form acceptable to the Department. All expenses of installation, inspection and supervision of new water mains and appurtenances shall be borne by the applicant.
Upon completion of construction, the entire water system must be turned over to the town (§ 175-15). Before the town begins to take over such water system so installed in a private development, the developer must transfer its right, title, interest and ownership to the town for the nominal consideration of $1 before it will undertake to keep it in operation and repair. The town must be furnished satisfactory proof that either the streets in which the water mains are laid have been dedicated and accepted by proper public authority or instruments granting easements to the town, in a form to be recorded in the Rensselaer County Clerk's office, with a satisfactory title company certificate showing same to be executed by all owners and mortgagees or other liens and that all valve boxes have been located and placed at the right levels.
Upon satisfactory completion of the above subsections, the Department will then advise the New York Fire Insurance Rating Organization accordingly.
Water extensions, including individual building services to the property line, may be constructed by the town and/or district under public contract if, in its opinion, the number of properties to be served by such extension warrants the cost. Contractors constructing these waterworks facilities shall post a completion bond or certified check as set forth in § 175-15.
If the town does not elect to construct a water extension under public contract, the applicant may construct the necessary water extension if this extension is approved by the Town Board in accordance with the requirements of this chapter and the New York Town Law. The applicant must pay for the entire installation, including all expenses incidental thereto, and shall post a completion bond or certified check as set forth in § 175-15. Each extension must be installed and inspected as previously required, and the inspection fees shall be paid by the applicant to the town. The installation of the extension must be subject to inspection by the Department, engineer or representative, and the expense for this inspection shall be paid for by the applicant. The Department's decisions shall be final in matters of materials quality and methods of construction. The extension, as constructed, must pass all required testing before any service lines are connected thereto. The entire cost of the extension, including inspection, shall be absorbed by the applicant or benefiting property owners.
All new waterworks, after final approval by the Department and acceptance by the Town Board, shall become the property of the district and shall thereafter be maintained by the district. Said waterworks, after their acceptance by the district, shall be guaranteed for one year by the applicant or contractor. The guarantee shall be in such form and contain such provisions as provided for by the district and town. A completion bond or certified check in the amount of 10% of the total cost of the project shall be retained by the town for a period of one year. Said retainer will be released to the applicant or contractor upon certification by the Engineer that all work has been completed in accordance with the permit and that all other conditions, if any, imposed by the town/Department have been satisfied.
Whenever any street or public grounds shall be opened for the purpose of making a connection with the mains or for laying any water lines or fixtures, public safety and convenience shall be duly regarded, and the street or public place shall be restored to its original condition as soon as possible, and all work must conform to the safety requirements as set forth by the State of New York and OSHA.