[HISTORY: Adopted by the Town Board of the
Town of Jerusalem as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-21-2017 by L.L. No. 4-2017[1]]
[1]
Editor’s Note: This local law also repealed
former Art. I, Keuka Park Water District and Extensions, adopted 6-11-1997
by L.L. No. 1-1997.
The Town of Jerusalem (hereinafter "Town") having established
the Keuka Park Consolidated Water District and extensions (hereinafter
"district"), the purpose of said district being to provide water service
within said district, sets forth hereinbelow rules and regulations
for every person and/or corporate owner supplied with water service
by the district. These rules and regulations shall be accepted by
all parties receiving water service from the district and shall constitute
a part of the contract between the parties and the district. Whenever
the word "consumer" shall be used in these rules and regulations,
it shall mean the owner of the property.
A.
Work in highway rights-of-way is subject to either Town, county or
state permitting and requirements of the appropriate highway authorities.
The application for the service must be submitted 48 hours prior to
commencing work.
B.
Work in highway rights-of-way is subject to either Town, county or
state permitting and requirements of the appropriate highway authorities.
All excavations and backfills necessary for the installation of said
service pipe and appurtenances, and tapping of the main are to be
made by the consumer, who assumes all liability in case of damages
of any kind which may arise during the progress of the work authorized
by the permit or by reason thereof. Yellow signal lights, barricades,
railings and all other necessary means of protection against accidents
shall be provided by the applicant.
A separate tap and service is required for each residence or
commercial establishment supplied with water. In extenuating circumstances,
on a case-by-case basis, the Town may allow service to be shared.
The agreement between sharing property owners is subject to review
by the Town.
When a new main is constructed by the district, the district
will bear the cost of the tap and service within the right-of-way,
to and including a curb stop for each residence or commercial establishment
in existence at the time of water main construction. Water service
on private property will be the responsibility of the property owner.
Thereafter, property owners of new residences or commercial establishments
built after completion of water main construction must bear the entire
cost of the materials and installation of the tap and service in both
the public right-of-way and on private property. The installation
of said service from the main to the curb stop shall be made by the
district or its approved agent at the expense of the consumer.
The Town Board will adopt and amend, from time to time, appropriate
material and construction specifications for water services, metering
and appurtenances.
Service pipes will be required to be laid not less than 54 inches
below the surface of the earth. This applies to the established grade
where it has been fixed. A water service pipe cannot be laid in the
same trench with a sewer lateral and shall have a minimum of six feet
horizontal clearance from any sewer lateral. No trench will be backfilled
in any manner before inspection for leaks and clearances is made by
a duly authorized agent of the district.
Sand bedding will be used around the service for a depth of
one foot or the service may be placed in a corrugated PVC sleeve as
approved by district personnel. In public rights-of-way, bankrun gravel
will be placed and tamped in one-foot lifts until the trench is back
to original grade. On private property, care shall be taken to eliminate
any large and/or sharp stones in the backfill above the sand bedding
or PVC sleeve, which may ultimately damage the service. Under all
public road pavements, services shall be placed through casings and
installed in a manner approved by the district and applicable highway
jurisdiction.
The district will supply water to consumers within its boundaries
in accordance with the scheduled rates and charges on file in the
office of the Town Clerk.
The owner of the property into which water is supplied by a
service pipe will be required to maintain, in perfect order at his
own expense, said service pipe from the curb stop to his building.
Failure to make necessary repairs after due notice in writing, by
the district, will result in the water being turned off until such
time as satisfactory repairs are made. Maintenance of the service
pipe from the main to the curb cock will be performed by the district.
Where required by the New York State Department of Health Sanitary
Code, Part 5, or local law, a backflow preventor of a suitable type
that is currently approved by the Health Department must be installed.
In the interest of public health, the Keuka Park Water District
will not permit its mains or services to be connected with any service
pipe or piping which is connected with any source of water supply
not approved by the Department of Health of the State of New York.
In conformance with Part 5 of the New York State Sanitary Code, the
district has implemented a cross-connection control program and shall
not permit its mains or service pipes to be connected in any way to
any piping, tank, vat or other apparatus which contains liquids, chemical
or any other matter which might flow back into the district's service
pipe or mains and consequently endanger the water supply without the
installation of a proper backflow prevention device as approved by
the New York State Department of Health at a location and installation
approved by the District and the State of New York Department of Health.
All present and/or future customers who present the potential danger
of being in violation of the New York State Sanitary Code shall install
a backflow prevention device at their expense, in accordance with
the New York State Department of Health Public Water Supply Guide,
Cross Connection Control, dated January 1981, or the latest revision.
A copy of the New York State Department of Health Public Water Supply
Guide, Cross Connection Control, is available for review at the district
offices at Town Hall. After fulfilling the aforementioned requirement,
the device is to be tested annually by a certified tester, in compliance
with the Public Water Supply Guide, Cross Connection Control, at the
customer's sole expense and shall provide the district with a certification
of said test on a form provided by the district. The customer may
retain the services of an independent certified tester or may retain
the district to provide that service at cost.
No curb stop, valve or hydrant shall be operated by any person
except a duly authorized agent of the district or, in the case of
a hydrant, by a properly trained fireman.
A.
General.
(1)
All services, except those used exclusively for fire protection,
shall be metered. In new districts or extensions funded by the Town,
the district will furnish a meter for each residence or commercial
establishment in existence at the time of watermain construction,
provided that the connection to the system is made within two years
after completion of the watermain construction. Property owners of
residences or commercial establishments built after completion of
the water main owner shall be responsible for the purchase of a meter,
at cost, from the district.
(2)
Property owners are responsible for meter installation and cost thereof
to the standards set by the district. There shall be a shutoff valve
on either side of the meter. There shall be a AWWA double check valve
on the customer's side of the meter between the meter and the shutoff
valve. Pressure-reducing valves are required where normal line pressure
exceeds 75 psi. Pressure-reducing valves shall be installed between
the shutoff valves on the Town side of the meter.
(3)
Meters shall be installed in accessible locations within the building
or basement. The property owner shall install a meter pit when the
building served or terminus of the service is more than the distance
prescribed in the current Keuka Park Water District Material and Construction
Specifications for Water Services, Metering and Appurtenances from
the curb stop. A pit shall also be required when there is no accessible
location within the building acceptable to the district for meter
installation. All meter pits shall be constructed and maintained at
the property owner's expense to district standards.
(4)
The customer shall pay all repair costs of meters broken by vandalism
or freezing. All repairs and testing must be done by the district.
B.
The district shall institute periodic tests on all water meters so
as to maintain the meters in proper working condition. If, when testing
a water meter, it is found to be beyond repair, the property owner
must purchase a new meter approved by the district at the property
owner's expense.
C.
All water meters when set shall be sealed to prevent tampering. No
person, except a duly authorized agent of the district, shall break
such seal or tamper with said meter.
A.
A duly authorized agent of the district, upon proper identification,
shall have the right to enter upon any premises where Town water is
being supplied for the purpose of inspecting, installing, removing
or reading a meter, plumbing and fixtures of the water service and
all work in connection with the service.
B.
Approval by the Town or its agent shall in no way relieve the contractor
or owner of any responsibilities for workmanship, materials or any
other liabilities. The owner shall indemnify the Town from any loss
or damage that may directly or indirectly be occasioned by the installation
of the water connection.
In the event of an emergency, including but not limited to breaks
in the main, the district shall not be liable for any damage which
may result to any person or premises from the shutting off of the
water from any main or service for any purpose whatever, even in cases
where notification is not given, but the district will try to give
notification as soon as possible.
A.
The building/property owner shall promptly notify the Town should
they require fire service from the district. Any water service which
provides fire protection via hydrants, sprinklers, etc., must be coordinated
with the Town, designed by a registered New York State professional
engineer and meet all Town and New York State Department of Health
standards. The building owner shall provide, maintain and test annually
any backflow prevention devices as required by the Town and/or the
New York State Health Department.
B.
Where separate fire services are allowed, the entire cost of materials,
installation and maintenance of the service from the main to the building
or within the limits of the premises shall be borne by the consumer.
Failure to make proper repairs to the system after due notice will
result in the water being turned off. When the consumer or a representative
of the consumer desires to test the flows or make repairs to the fire
service system, except in emergencies, he must give the district 48
hours' notice before commencing such testing or repairs.
A developer or contractor that desires to have a water main
extended into a subdivision or on a street must notify the District
at least six months prior to construction. All water mains to be constructed
shall consist of six-inch pipe or larger. All cost of installation
shall be incurred by the developer or contractor. The developer or
contractor must submit engineering plans for approval to the New York
State Department of Health and the district. The engineering and approved
plans must encompass the total project.
When a building is torn down and the water service to the property
or properties is no longer required, the owner of said property is
required to excavate at the water main, at the owner's expense, so
that the abandoned waterline can be disconnected from the water main.
The duly authorized agent of the district will do the actual disconnection.
The owner is responsible for refilling the excavation.
If a meter fails to record the amount of water used due to a
stopped meter, the consumer will be charged either at the average
daily consumption from the date the meter was last installed or the
corresponding period of the previous year.
The owner of any premises which is supplied with water shall
be liable for charges for the water used or other charges and expenses
in connection with such water service.
Individual residential and commercial customers will be billed
quarterly the first of the month. The district reserves the right
to bill larger commercial or multiple residential customers on a monthly
basis. All delinquent bills and penalties unpaid on October 15 of
each year shall be added to the state, Town and county tax bill of
the property on which the charge was incurred. If a customer becomes
more than two quarters delinquent, the district has the right to shut
off the water until the back payments are made. If the water is turned
off for nonpayment, there will be a charge of $50 to turn the water
back on during the normal workday hours. To have the water turned
back on other than normal work hours, the cost will be that of the
actual cost to the district for the employee responding to the turn-on
call.
The district requires that all water pass through a master meter,
which will be billed to the property owner. Submetering of individual
tenants shall be at the expense of the property owner. The district
has no involvement in the landlord's recovery of water fees, rents,
etc., from tenants.
[Amended 2-16-2022 by L.L. No. 1-2022]
A.
The Town
may discontinue water service to any premises if, in the sole determination
of the head of the Town Water Department, any violation of this article
exists. Water service will not be restored until said violation(s)
are corrected to the sole satisfaction of the Town Water Superintendent.
B.
A violation
of this article shall constitute a violation as defined in the Penal
Law of the State of New York and shall be punishable by a fine of
not exceeding $250.
C.
The Town
reserves the right to enforce this article by a court injunction.
When the property owner or tenant requires more water than the
existing water pipe can deliver, it is the responsibility of the property
owner to pay the cost of the enlargement of said waterline from the
water main to the building. The enlargement of the waterline will
be considered the same as new water service.
A.
Each and every plumber, contractor, excavator or other person, firm
or corporation, other than the property owner himself, will, at the
option of the district, be required to have a license issued by the
Town Clerk before they will be permitted to do any work in the town,
insofar as this chapter is concerned.
B.
If, in the opinion of the district, the work performed by the contractor
within the district violates the provisions of this article or any
other ordinances of the Town within the Town or if, in the opinion
of the Town, the contractor's work is substandard, then, in that event,
the Town may revoke the license of the contractor to work in the Town.
