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Town of Manlius, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991 as Ch. 45 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 95.
Sewers — See Ch. 104.
Subdivision of land — See Ch. 127.
Swimming pools — See Ch. 131.
This chapter shall apply to all water districts of the town now or hereafter established and to the customers thereof. No water service connections or facilities shall be made or installed except in conformity with the provisions of this chapter.
For the purposes of this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
PUBLIC STREET
Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the town.
A. 
A building under one (1) roof owned or leased by one (1) customer and occupied as one (1) residence or one (1) place of business;
B. 
A combination of buildings owned or leased by one (1) customer, in one (1) common enclosure, occupied by one (1) family or one (1) corporation or firm as a residence or place of business;
C. 
Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one (1) family or one (1) firm as a residence or place of business;
D. 
A building owned or leased by one (1) customer having a number of apartments, offices or lofts which are rented to tenants and using in common one (1) hall and one (1) or more means of entrance;
E. 
A building one (1) or more stories high under one (1) roof, owned or leased by one (1) customer having an individual entrance for the ground floor occupants and at least one (1) for the occupants of the upper floors; or
F. 
Garden apartments owned by one (1) individual or firm and located in one (1) common enclosure.
PRIVATE STREET
Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the town.
WATER DISTRICT
Such entity established pursuant to the provisions of Article 12 of the Town Law of the State of New York and shall include water districts, extensions thereof and laterals therein.
The Town Board shall at all times act for and on behalf of the particular water district concerned with respect to all applications, permits and waivers. The Town Board, by resolution, may appoint one (1) of its members or other town officer or such other person as the Town Board may determine to act in its place and stead with respect to applications and permits.
A. 
Application forms and conditions. All applications for the use of water must be made, in writing, on forms provided by the Town Clerk designated "Application for Water Service" or "Application for Fire Protection Service." On acceptance by the Town Board or its duly authorized agent acting for and in behalf of the water district, the application shall constitute a contract between the water district and the applicant obligating the applicant to pay the water district the established rates and to comply with rules and regulations herein and as hereinafter amended.
B. 
No obligation to extend mains. Applications will be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served, but the acceptance shall in no way obligate the water district to extend its mains to serve the premises.
C. 
Separate applications. A separate application must be made for each premises as herein defined. Submetering will not be permitted.
D. 
Temporary water service. Applications of contractors, builders and others for temporary water service will be accepted and temporary water service will be supplied, provided that it does not interfere with the use of water for general purposes. The quantity of water taken for such purposes shall be determined either by meter or by estimate and paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the water district for all its expenses in connection with providing the necessary temporary service connections, and a deposit specified by the water district will be required.
E. 
Payment of arrears. No agreement will be entered into by the water district with any applicant for service until all charges due from the applicant for water or services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
F. 
Temporary water service forms. Such applications for temporary water service must be made on the forms furnished by the Town Clerk.
G. 
Real estate developers' service agreement. When application for water service is made by a real estate developer, a prospective owner or a prospective occupant of any property, said real estate developer, prospective owner or prospective occupant shall make a service agreement to guarantee payment to the water district of the minimum charge, whether or not service is rendered for a period of one and one-half (11/2) years from the date that water service is made available for use at the premises. As a guaranty of such payment, the water district will require the developer, prospective owner or prospective occupant to make a deposit in accordance with § 147-5B. Deposits will be refunded without interest as soon as a bona fide owner occupies the premises, signs a contract for water service and makes the required deposit to guarantee payment of the water bill. Such service agreement must be made on the form furnished by the Town Clerk.
A. 
Amount. As security for the payment of bills, the water district may require of any customer, applicant or any customer to whom it may be supplying water the deposit approximately equal to one and one-half (11/2) times the established average bill for the billing period, but in any case not less than ten dollars ($10.). Deposits of customer applicants will be payable at the time of application and of customers to whom it may be supplying water upon demand. No interest will be paid on any customer's deposit made with the water district. When service is discontinued and final bills paid, the deposit will be refunded to the depositor.
B. 
Amount for real estate developer. The water district may require the developer, the prospective owner or the prospective occupant to make a deposit in the amount of one and one-half (11/2) times the annual minimum charge under the applicable service classification for each service installed in accordance with § 147-6, but in any case not less than ten dollars ($10.).
A. 
Service connection charges for water service. Upon written application for water service, as hereinbefore prescribed, by an owner or occupant of any property abutting on any public or private street and upon payment of the applicable charge where the site of service to be installed, as provided in § 147-10, the water district will, at its expense, install, operate, maintain and, when necessary, replace at its own cost and expense the service pipe and connection between the main and the curb box shutoff on both public and private streets. It is further provided that easements acceptable to the water district must be furnished at the applicant's expense where necessary for all water service installations. All such easements and all service lines installed by the water district shall remain the property of the water district.
B. 
Service connection charges for private fire-protection service. Upon written application for fire-protection service by an owner or occupant of any property abutting on any public or private street, as hereinbefore defined, and upon payment of the applicable charge for the site of service to be installed, as provided for in § 147-10, the water district will, at its expense, install, operate, maintain and, when necessary, replace at its own cost and expense the service pipe and connection between the main and the curb shutoff on both public and private streets. If a hydrant is installed on a private fire-protection service line, such hydrant will be located on the owner's or occupant's property and installed by him at his expense. However, the water district reserves the right to approve the type of hydrant and the manner of installation before service is provided.
C. 
Maintenance and replacement. The water district, at its expense, will maintain and, when necessary, replace any service pipe and service connections from the main to the curb shutoff on all public and private streets. Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by the customer for turning on or shutting off the water supply, but is for the exclusive use of the water district.
D. 
Service on applicant's property.
(1) 
At his own expense, the applicant shall install the service pipe from the curb box shutoff serving the customer's premises and a valve to be located preferably just inside the building wall.
(2) 
No such customer's service pipe shall be installed nor shall work be commenced thereon until the Application for Water Service shall have been made, processed and accepted pursuant to the provisions of § 147-4 of this chapter and until all fees and deposits shall have been paid.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
(3) 
The customer shall maintain said service pipe and shall replace it when necessary all at his own expense.
(4) 
For such installation, maintenance and replacement, the customer shall employ a competent plumber, and all work shall be performed in accordance with this chapter. The minimum size, materials, depth of cover and method of construction shall be in accordance with the provisions of Subsection E hereof.
(5) 
No trench or the customer's service pipe therein shall be backfilled or covered until such trench, the service pipe and the curb box connection thereto shall have been inspected and approved by the Water Superintendent.
(6) 
If any defects in workmanship or materials are found or if the customer's service pipe has not been installed in accordance with this chapter or with the water district's requirements, the water service shall not be turned on or, if turned on, shall be turned off and discontinued until such defects are remedied.
(7) 
No curb box shutoff shall be turned on except by the Water Superintendent.
(8) 
After approval by the Water Superintendent of the installation of the customer's service pipes, the curb box shutoff shall remain turned off until the individual water meter has been installed by the water district as provided for in § 147-7.
(9) 
No water shall be drawn, used or consumed from the customer's service pipe until the individual water meter has been installed, except that such prohibition shall not apply to the Water Superintendent when performing inspections herein required.
E. 
Service pipe specifications.
(1) 
All service pipes shall have a minimum cover of four and one-half (41/2) feet. No service pipes shall be less in size than three-fourths (3/4) inch inside diameter, United States Government Specification Type K soft-tempered copper tubing shall be used on three-fourths-inch and one-inch services. Byers galvanized pipe or Type K copper tubing shall be used on one-and-one-half-inch and two-inch services. All services larger than two (2) inches in diameter shall be cast-iron pipe of quality equal to American Water Works Association Standard specifications and of weight suitable for service under a pressure of one hundred fifty (150) pounds per square inch. All connections of service pipes to a main with a ground cover of less than five (5) feet shall be made on the side of the main so that such service shall in no case have less covering than the main. The water district reserves the right in all cases to stipulate the size and type of service connection to be used.
(2) 
Whenever possible, a water service shall be laid at least ten (10) feet horizontally from any existing or proposed sewer, drain, drain field, dry well or cesspool. Should local conditions prevent a lateral separation of ten (10) feet and when specific approval is given by the Water Superintendent, a water service may be laid closer than ten (10) feet to a sewer or drain, provided that the service is laid in a separate trench or, if installed in the same trench, on an undisturbed earth shelf located on one (1) side of the sewer or drain at such an elevation that the bottom of the service is at least eighteen (18) inches above the top of the sewer or drain. No water service shall pass through or come in contact with any part of a sewer manhole, cesspool or dry well.
F. 
Winter provisions. The water district shall not be required to install any service lines or service connections between November 15 and April 15 except by special arrangement, in which case the customer shall pay for the excess over normal costs.
G. 
Easements.
(1) 
Applicants for service shall deliver, without cost to the water district, permanent easements or rights-of-way when necessary for the installation and maintenance of the service lines and service connections.
(2) 
The water district shall not be obligated to commence any construction until applicants either have obtained for it satisfactory easements or rights-of-way or have agreed to pay such costs as may be incurred if at their request the water district obtains such easements or rights-of-way whenever these are required from parties who are not applicants for service.
H. 
Delay. The water district shall not be compelled to proceed with the installation of service lines and service connections under this section when circumstances beyond the control of the water district prohibit such construction. Said circumstances include but shall not be limited to delays in delivery of materials, weather conditions, strikes, acts of God, etc.
A. 
Separate meters. An individual meter shall be required for each premises and for each separate water service connection to a premises.
B. 
Connections. The meter will be furnished and connected by the water district. The water district reserves the right in all cases to stipulate the size, type and make of the meter to be used on any connection.
C. 
Location.
(1) 
Whenever possible, a meter two (2) inches in size and under shall be set in the basement. The meter shall be located at a convenient point approved by the water district so as to protect the meter and to measure the entire supply of water through the connection. When a meter cannot be set in the basement, it will be set at or near the property line or in a place designated by the water district, and the applicant shall reimburse the water district for all expenses incurred by the water district in connection with the proper housing of such water meter.
(2) 
Meters larger than two (2) inches shall be set at or near the property line or in a place designated by the water district, and all expenses incurred by the water district in connection with its proper housing, including bypass for testing, if required, shall be reimbursed to the water district by the applicant. All meters one and one-half (11/2) inches or larger shall have a bypass for testing.
(3) 
In all cases, irrespective of meter size, where the distance from the property line to the front wall of the building is greater than seventy-five (75) feet, the water district may require that the meter be set at or near the property line and proper housing be constructed at the expense of the applicant.
(4) 
When, due to special circumstances, it is necessary to set any meter within the territorial limits of the public street, all expenses incurred by the water district in connection with its proper housing shall be reimbursed to the water district by the applicant. The meter will be furnished and connected by the water district without cost to the customer. Meter housings located in public streets will be maintained and, when necessary, replaced at the expense of the water district.
D. 
Title and maintenance. All meters and meter connections shall at all times remain the sole property of the water district and shall not be interfered with in any respect. All meters will be maintained by and at the expense of the water district so far as ordinary wear and tear are concerned, but the customer will be held responsible for damages due to freezing, hot water or other external causes. In case of damage, the water district will repair the meter, if necessary replacing it with another meter, and the costs shall be paid by the customer. The water district recommends the customer install, at his expense, suitable equipment properly located to prevent backflow of hot water which may cause damage to the meter or other damage to the customer's plumbing.
E. 
Testing. The water district reserves the right to remove and test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question as to the accuracy of the meter, such meter will be tested by the water district upon the request of the customer. The fee for testing such meters will be five dollars ($5.) for meters one (1) inch and smaller and twenty-five dollars ($25.) for larger meters, payable in advance of the test. In the event that the meter so tested is found to have an error in registration to the prejudice of the customer in excess of four percent (4%) at any rate of flow within the normal test flow limits, the fee advanced for testing will be refunded and prior water bills will be adjusted for over-registration in accordance with recommendations of the Town Engineer to the water district.
F. 
Large-size meters. Meters larger than two (2) inches in size shall be placed in specially designed settings at or near the property line and will be tested in place at frequent intervals. If the diameter of a meter is two (2) inches or more, no reduction in the size of the meter will be permitted for a period of two (2) years. In addition, any customer having a meter larger than two (2) inches who changes to a smaller meter and then back to a larger meter within a period of one (1) year will be billed for the entire period at the rate applicable to the larger meter.
A. 
Bills payable. All bills are payable in accordance with the terms of the applicable service classification. For new services installed at any time during the billing period, the minimum charge and the amount of water allowed thereunder will be prorated according to the number of days remaining to complete the billing period after the service has been made available.
B. 
Meter reading. Meters may be read semiannually, quarterly, bimonthly or monthly, and customers may be billed semimonthly, quarterly, bimonthly or monthly at the water district's option.
C. 
Quantity determination. The quantity recorded by the meter shall be considered the amount of water passing through the meter, which amount shall be conclusive on both the customer and the water district, except when the meter has been found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period when in order or by the average registration of the new meter, whichever method is representative, in the water district's opinion, of the conditions existing during the period in question.
D. 
Notification of change of occupancy. The customer shall notify the water district, in writing, of any change in occupancy. No adjustment of bills will be made by the water district as between owners or tenants unless ten (10) days' notice, in writing, prior to change of occupancy has been given to the water district. No rebate will be given for unoccupied premises unless notice of nonoccupancy is given as required in Subsection F hereunder.
E. 
Due date; penalty for arrearages. All bills are due and payable net cash when rendered. In case any water bill or charges provided for in and by these rules shall not be paid within thirty (30) days following the rendering of the bill, such bill shall be delinquent. Unpaid water charges in arrears for thirty (30) days or longer from the date of rendering shall be subject to a penalty of ten percent (10%). The water district or its agents may cut off the supply of water if water charges are not paid within sixty (60) days from the date due. Water service will not be reestablished until such unpaid charges, together with the charge for restoration of service as provided in Subdivision C of § 147-9 are fully paid.
F. 
Discontinuance of service.
(1) 
Any customer may discontinue water service by giving the water district written notice not less than ten (10) days prior to the discontinuance, and all liability for charges for service rendered after the discontinuance of service, as herein provided for, shall cease.
(2) 
Upon discontinuance of the service, the water district will promptly refund to the customer the pro rata amount of every advance payment for any service after said discontinuance, said refund to be based upon the relation of the period after the discontinuance of service to the entire period for which said advance payment was made after deducting the proper charge for any excess water consumed to the date of discontinuance.
(3) 
The above rules relative to discontinuance of service and refunds of advance payments do not apply to private fire protection or water service to real estate developers or prospective owners or prospective occupants of premises abutting on public streets when such service is the only one rendered to the customer requesting discontinuance of the service.
A. 
Discontinuance of service by water district. Water service may be discontinued for the reasons set forth below and only after the water district, upon due notice, provides the customer with an opportunity to voice his or her objections to such discontinuance of service before the Town Board of the Town of Manlius.
(1) 
For use of water other than as represented in the customer's application or through branch connections on the street side of the meter or place reserved therefor.
(2) 
For willful waste by the use of water through improper and imperfect pipes or by any other means.
(3) 
For molesting any service pipe, seal, meter or any other appliance owned by the water district.
(4) 
For nonpayment of bills for water or services rendered by the water district.
(5) 
For cross-connecting pipes carrying water supplied by the water district with any other source of supply or with any apparatus which may endanger the quality of the water district's water supply.
(6) 
For refusal of reasonable access to the property for the purposes of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.
(7) 
For violation of this chapter.
B. 
Application of regulations to joint lines. Where two (2) or more premises are now supplied with water through one (1) service pipe, under the control of one (1) curb stop, if any of the parties so supplied shall violate any of the above regulations, the water district reserves the right to apply its shutoff regulations to the joint-service line, except that such action shall not be taken until the innocent customer who is not in violation of the water district's regulations has been given reasonable opportunity to attach the service pipe leading to his premises to a separately controlled service connection.
C. 
Charges for restoration of service. When water service to any premises has been turned off upon the order of the customer or for any of the above reasons and service at any premises is again desired by the same customer, including seasonal customers, a charge of five dollars ($5.) will be made for the restoration of service during regular business hours and seven dollars and fifty cents ($7.50) during other than regular business hours, provided that the discontinuance of service has required only the removal of the water district's equipment from the customer's premises, the closing of the curb stop or turning off the water elsewhere not involving any unusual expense. If, however, by the willful acts of the customer, it becomes necessary to shut off or disconnect the service pipe at the water district's main, the charge to the customer for restoration of service will be the actual cost incurred by the water district incident to the disconnection and reconnection of the service pipe.
D. 
Use of fire hydrants. No person, except as specifically authorized by the water district, shall take water from any public fire hydrant for any use whatsoever, other than for fire purposes. The use of public fire hydrants for washing streets or flushing sewers is not permitted except upon specific authorization from the water district, and for such uses the municipality or others will be billed at meter rates set forth in the rate schedule. If water is used from public fire hydrants without specific authorization by the water district, the quantity so used will be estimated and the user will be billed at the meter rates set forth in the rate schedule.
E. 
Prohibited connections. In the interest of public health, the water district's mains or services shall not be connected on any premises with any service pipe or piping which is connected with any other source of water supply not approved by the Department of Health of the State of New York; nor shall the water district's mains or service pipes be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals or any other matter which may flow back into the water district's service pipe or mains and consequently endanger the water supply.
F. 
Nonliability of water district for breaks. Upon receipt of an application for a new service or for the reinstatement of an existing service, the water district will assume that the piping and fixtures which the service will supply are in proper order to receive the same, and the water district will not be liable in any event for any accident, breaks or leakage arising in any connection with the supply of water or failure to supply the same.
G. 
Right to shut off service. The water district undertakes to use reasonable care and diligence to provide a constant supply of water at reasonable pressure to customers, but reserves the right at any time, without notice, to shut off the water in its mains for the purposes of making repairs or extensions or for other purposes. It is expressly agreed that the water district shall not be liable for a deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever, nor for any damage caused thereby or by the bursting or breaking of any main or service pipe or any attachment to the water district's property. All applicants having installations upon their premises depending upon the pressure in the water district's pipes to keep them supplied are cautioned against danger of collapse, and all such damage shall be borne exclusively by the applicant.
H. 
Forms. All applications, contracts, agreements and any other forms required in connection with this chapter shall be in the form and shall contain such general conditions, provisions and terms as the town shall approve. Copies of such forms shall be filed at the office of the Town Clerk.
I. 
Frozen lines. In those cases where a customer-owned main or service is frozen, the thawing shall be done at the expense of the customer. To avoid a recurrence of freezing, the water district may order an examination of the customer's service pipe or main, and if the same is not at a depth of four and one-half (41/2) feet as required, the water district reserves the right to require it to be so relocated before service is resumed.
J. 
Restrictions on use of water. The water district reserves the right, in periods of drought or emergency, to restrict the use of water for sprinkling purposes or other nonessential purposes or to prohibit the use entirely.
Classification of services rendered and facilities furnished and rates and charges therefor shall be established and may be changed from time to time, amended or repealed by resolution of the Town Board. Nothing herein contained shall prevent the Town Board from establishing separate schedules of rates for separate water districts or from changing, amending or repealing the same by resolution of the Town Board.
It shall be the duty of the Water Superintendent to enforce the regulations and restrictions provided by this chapter.
The Town Board reserves the right to change, modify, supplement or amend this chapter, any and all rules and regulations and the rates and charges for the use of water from time to time. The right is also reserved to make such additional rules and regulations which to the Town Board deem appropriate to promote the health, safety, morals and welfare of the inhabitants of the town in order to regulate the water supply and to promote the proper and efficient administration of the water district and to make rates and/or contracts for the use of water in special cases by resolution of the Town Board.
Any violation of this chapter or of any regulation or provision hereof shall constitute an offense and shall be punishable by a fine not exceeding twenty-five dollars ($25.) or imprisonment not exceeding thirty (30) days, or both.