[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2008 by L.L. No. 6-2008]
A.
The management of the water system shall be under
the supervision of the Superintendent of Water and Superintendent
of Sewage, who shall be appointed for such term and on such basis
as the Village Board may determine. The Superintendent of Water and
Superintendent of Sewage, on behalf of the Village Board, shall have
general supervision of the operation of the water system of the Village
of Woodbury, which includes Woodbury Consolidated Water Area, Highland
Lakes Estates Area and Woodbury Water Areas Nos. 6 and 7 (each hereinafter
referred to as an "Area," and collectively as "Areas"), issue all
permits required, supervise the reading of meters and make a report
to the Village Board at such times as it may direct on the operation
of the water system and the performance of their duties, as well as
give such further information as may be helpful to the Village Board
in properly conducting the affairs of the Woodbury Water Areas.
B.
All moneys shall be received by the Village Clerk,
who shall keep a record of the money received and the name of the
person or corporation for whose account the same has been paid and
of the purpose of such payment, giving such further information as
may be helpful to the Board in properly conducting the operation of
the water system.
A.
Permanent water service shall be rendered by meter
only. In order that there may be a 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 Board and shall be procured from the Area.
B.
The Area will supply and the property owner shall
pay for and install at his expense one meter, at a location directed
by the Area, for each property or for each consumer, as the Area may
direct. In the event that the pipes of the property owner are not
in proper condition for the installation of a meter, the property
owner shall cause said pipes, at the point where said meter is to
be installed, to be put in proper condition prior to the installation
of said meter.
C.
A stop or waste cock shall be provided within the
building, so located that all piping on the consumer's side of the
meter can be drained whenever necessary. Valves will be installed
on each side of the meter in close proximity thereto so as to permit
the mounting and demounting of the meter without the draining of any
pipes. All of the work required by this section shall be done by the
property owner at his expense, but in accordance with specifications
and requirements of the Superintendent of Water and Superintendent
of Sewage and subject to inspection and approval by them.
D.
All new residential, commercial and industrial uses
within the water Areas shall be required to have installed, as a condition
to the issuance of the certificate of occupancy, a water meter for
each individual use. In the event that a multiple-family or garden
apartment complex is constructed, then each living unit shall be required
to have a water meter installed subject to the approval of the Superintendent
of Water.
A.
No person or corporation not connected to the water
system at the effective date of this article shall use the water supplied
by the Area for any purpose whatsoever without having first obtained
a permit upon written application therefor, after having first paid
any 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 furnished
by the Area 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 Village Board may at any time revoke and annul the same if
any provisions of this article have been violated or if the Village
Board shall deem revocation and annulment of a permit to be for the
best interest of the Area.
D.
The property owner will lay, at his cost, and the
Area shall maintain the service pipe from the main to the curb cock,
with such installation to be the property of the Village.
E.
The property owner will provide and make payment for
all permits required by authorities having jurisdiction, such as the
New York State Department of Public Works within state highways, Orange
County Highway Department in county roads and Highway Superintendent
in Village roads when required and shall comply with the regulations
of the authorities having jurisdiction as to bond, insurance, barriers
and warning lights, method of performing work and restoration of surfaces.
F.
The corporation cock shall be furnished by the Area
at the expense of the property owner, and the property owner shall
at his expense install the same, under the supervision of the Superintendent
of Water and Superintendent of Sewage, and provide all necessary excavation,
backfill and other work.
No construction or excavation shall be done
within 100 feet of any existing street, highway or public place in
which there are underground facilities, as defined in § 760
of the General Business Law, without having first given notice pursuant
to the provisions of Article 36 of the General Business Law § 760
et seq.
For all installations of water lines and/or
services and appurtenances in areas subject to the approval of the
Planning Board, the following provisions shall apply:
A.
Connection shall be made to the Area water system
at a point designated by the Superintendent of Water and Superintendent
of Sewage.
B.
Pipes, valves and hydrants shall be installed in accordance
with a plan approved by the Village Board.
C.
Service connection shall be made with copper tubing,
Type K, three-fourth-inch minimum size, with corporation cock, together
with curb stop and curb box, being of make, type and size as approved
by the Superintendent of Water and Superintendent of Sewage.
D.
Furnishing of materials and installation of all water
lines, valves, hydrants and services shall be in a manner satisfactory
to the Superintendent of Water and Superintendent of Sewage.
E.
All costs of materials and installation of water mains,
valves, hydrants and services shall be borne by the developer.
F.
As a condition of obtaining service, all water mains,
valves and hydrants, plus the water services to the limits of existing
public highways or to the outer limits of a fifty-foot area proposed
for ultimate dedication as public highways, shall be deeded to the
Area.
No person shall make any attachment to or connection
with any of the pipes or mains of the Area nor make any repairs, additions
or alterations to service pipes, except on the consumer's side of
the meter, without prior written notice to the Area, and no pipes
shall be covered until said repairs, additions or alterations have
been inspected by a representative of the Area.
A.
Service pipe from the corporation cock to the meter
shall be laid at least four feet below the surface of the ground at
all points. Joint compound shall be used on the male threads only
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
corporation cock and meter.
B.
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 Area shall not be liable for damages to any other
consumer who may thus be deprived of water.
C.
No pipe or fixture connected with the mains of the
Area shall also be connected with pipes or fixtures supplied with
water from any other sources, unless specifically approved by the
Area and the Department of Health of the State of New York.
In the event that a service pipe becomes insufficiently buried due to change in ground cover or a curb stop or curb box becomes difficult to use due to a change in ground cover, damage, loss of location or other cause, the property owner shall promptly correct the condition. In case the property owner fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge defined in § 298-25 shall be paid prior to the restoration of service. Any work that is required to be done by the property owner may be done by the Area at its option and the cost shall be charged to the property owner.
Meters up to and including 1 1/2 inches
in size (pipe diameter) shall be kept in good repair by the Area at
its own expense. The owners of 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 and including the curb box to and into the
premises. The property owner shall notify the Area promptly of any
leak, defect or damage affecting the service pipe between the property
line and the point where metered. The service pipe and appurtenances
between the main and the curb cock shall be repaired by the Area but
shall be replaced by the property owner at his expense when required.
In case a building is to be closed or become vacant, notice thereof shall be given to the Area in order that the meter may be read and curb cock closed. 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 property owner, the value of the water lost by reason thereof, as estimated by the Area, together with the cost of repair of said meter and pipes, together with the additional sum defined in § 298-25 shall be paid by the property owner.
A.
Where a water meter, 1 1/2 inches or less in size (pipe diameter), 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 Village of Woodbury Water Superintendent. Another meter will then be loaned and installed during the time required for testing and repair. The Area will cause the meter to be tested and if the meter, on test is found to be registering over 3% more water than actually passed through it, no charge will be made for the test, if the test was requested by the property owner. Otherwise, a charge, as defined in § 143-3F, to cover the cost of removing, testing and resetting the meter will be made to the property owner requesting such a test.
B.
If a meter is out of order and fails to register,
the property owner will be charged for the estimated amount of water
consumed.
C.
No seal placed by the Area for the protection of any
meter, valve or other water connection shall be tampered with or defaced.
If the seal is broken, the Area reserves the right to remove and test
the meter at the property owner's expense.
D.
Damage to water meters due to freezing or neglect
shall be billed for the full cost of replacement plus one hour of
labor.
E.
Any water meter two inches or greater in size (pipe
diameter) shall be tested by a meter testing company approved by the
Village of Woodbury Water Superintendent at the owner's expense every
seven years. The results of the test shall be submitted to the Village
of Woodbury Water Superintendent. Meters shall be certified to be
accurate within 3% plus or minus of true reading. Meters failing to
pass this accuracy requirement shall be repaired and retested within
six months of the initial testing.
A.
No person shall open, interfere with or draw water
from any fire hydrants in the Area without a written permit from the
Area therefor, except that hydrants may be opened by or on the order
of any member of a Fire Department within the Area, 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 the Area.
C.
No tools or implements shall be used to open hydrants,
except such as are furnished by the Area or by the Fire Department.
Where water has been turned off by direction
of the Area, it shall not be again turned on without the permission
of the Area.
[Amended 4-25-2013 by L.L. No. 2-2013; 10-26-2023 by L.L. No. 16-2023]
Bills for water service shall become due and payable to the
Village of Woodbury, and such payment shall be made to the Village
Treasurer, quarterly for the periods ending on the last days of June,
September, December, and March each year.
Water rents and charges and penalties thereon
shall be a lien upon the real property upon which the water is used,
and on or before the day when, under the Village Law, preliminary
estimates of expenditures are required to be submitted, the Village
Clerk shall prepare and file with the Village Board a statement showing
all water rents and charges with penalties thereon, if any, unpaid
for more than 60 days, which statement shall contain a brief description
of the property to which the water was supplied or upon which charges
were incurred, the name of the property owner liable to pay the same,
so far as may be known, and the amount chargeable to each.
Where meters are required, each dwelling or
building, or parts thereof having unrelated occupancy or distinctive
use, shall, at the option of the Area, have a separate meter. 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, and in order to determine the charge to be made for water used
where there is more than one such occupancy or use served by a single
meter, the total amount of water delivered as registered by the meter
shall be divided by the number of such occupants or distinctive uses,
and the result shall be deemed to be the amount of water delivered
for each such occupancy or distinctive use and shall be charged for
as if the quantity of water furnished each such occupancy or use was
through a separate meter.
Water required for construction or other temporary
purpose shall be used only after written application to the Village
Board for permission to use the same, and the Village Board shall
have the right and power to fix such terms as the Board may deem proper
for such temporary use.
The authorized agents of the Area shall have
full power to enter the premises of any consumer at all reasonable
hours to install a meter, read a meter or examine the fixtures, plumbing
and manner of using water.
A.
In all places where steam boilers, hot-water tanks
or refrigerating or air-conditioning units are supplied with water
from the water system, the owner or consumer must see that the plumber
places a suitable safety valve, vacuum valve or other proper device
to prevent damage from collapse or explosion when water is shut off.
Hot-water and heating systems must be equipped with a check valve
to prevent hot water from siphoning back to the meter. The Area shall
not be liable for any damage resulting from sudden shutting off of
the supply of water from any steam boiler or other fixture deriving
its supply from the water system.
B.
The Area shall not be liable for any damage or loss
to property or persons which may arise from or be caused by any change,
diminution in or increase of the water pressure from any cause whatever.
A.
Service pipes and fittings from the main to the meter
shall conform to such standards and shall be of such make and type
as the Area shall direct and shall be of such size as the Area shall
deem proper. The minimum size for any service hereafter installed,
however, shall 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 Mueller Compression fittings. 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 1/4
|
1 3/8
|
K
| |
|
1 1/2
|
1 5/8
|
K
|
B.
No soldered joints shall be permitted in any copper
water line from water main to water meter.
A.
All persons who hereafter make applications for water
service or who continue the use of the water service after this article
takes effect will be deemed to have assented thereto and to have agreed
to conform to the provisions of said article and to pay the water
rates hereby established.
B.
Whenever any of the provisions of this article are
violated, the water supply may, in the discretion of the Area, be
shut off and the meter removed. Such service will not be resumed until
the cause for discontinuance is removed or satisfied and the expense
of shutting off and turning on the water, if any, is paid to the Village
Clerk.
The right is reserved to change and amend this
article, 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 damages for lack
of water or for any damage which may result from the turning off of
the water supply.
A.
Any person committing an offense against any provision
of this article shall, upon conviction, be guilty of a violation of
this article, punishable by a fine of not less than $200 nor more
than $1,000 or by imprisonment for a term not exceeding 15 days, or
by both such fine and imprisonment. The continuance of an offense
for each day (24 hours) shall be deemed a distinct and separate violation.
[Amended 2-8-2011 by L.L. No. 1-2011; 4-25-2013 by L.L. No.
2-2013]
B.
Any person or entity who fails to comply with § 298-11E, regarding the testing and repair of water meters with a diameter of two inches or greater in size, shall be subject to the following schedule of penalties which is based on 10% loss of metered water at a fifty-gallon per minute capacity over an eight-hour period. Said penalty will be applied as a lien upon the real property as set forth in Village Code § 298-15.
|
Penalty Based on Ten-Percent Loss and
8 Hours Per Day
| |||||||
|---|---|---|---|---|---|---|---|
|
Meter Size
(inches)
|
Design Rate Maximum
(gpm)
|
Ten-percent Loss at 50% Capacity
(gpm)
|
Usage per 8 hours
|
Water Lost per Quarter
[gal/(x10)3]
|
Water Cost
(per 1,000 gallons)
|
Cost of Water Lost per Quarter
|
Penalty per Quarter
|
|
2
|
200
|
10
|
8
|
432
|
$3.35
|
$1,447
|
$1,500
|
|
3
|
450
|
22.5
|
8
|
972
|
$3.35
|
$3,256
|
$3,250
|
|
4
|
1,200
|
60
|
8
|
2,592
|
$3.35
|
$8,683
|
$8,600
|
|
6
|
3,000
|
150
|
8
|
6,480
|
$3.35
|
$21,708
|
$21,700
|
|
8
|
4,000
|
200
|
8
|
8,640
|
$3.35
|
$28,944
|
$29,000
|
[Amended 8-16-2022 by L.L. No. 8-2022]
Any person failing to pay a water bill within
30 days after receipt shall be required to pay a delinquent service
charge of 20% of the balance owed to the Water Department.
A.
Where the Mayor or Superintendent of Water and Sewer
makes the determination that the water supply of the Village of Woodbury
has reached a dangerously low point, he may impose water conservation
measures as follows:
(1)
All outside use of water for watering lawns, washing
down streets and driveways, washing of vehicles or the use of any
water on the exterior of a building is hereby prohibited.
(2)
All restaurants, diners and eating establishments
are hereby directed not to voluntarily serve water to their customers
and shall only serve water in the event that customers request same.
(3)
All industrial and commercial establishments shall
be required to cut back 25% on its daily capacity of water.
(4)
All owners of swimming pools, reflecting pools or
decorative ponds shall not add any new water, nor shall they fill
up any of the pools in the event that they have been emptied.
B.
Notwithstanding the above water conservation measures,
the Village Board may also impose any other regulations which, in
its opinion, shall conserve water, including the ultimate rationing
of such water and the imposition of water controls within any buildings
in the Village which will help to maintain and conserve the Village's
water supply.[1]
[1]
Editor's Note: Former Subsection C, regarding water restriction
signs, which immediately followed this subsection, was repealed 4-25-2013
by L.L. No. 2-2013.
Any person desiring to install a well on his
property shall be required to first secure the approval of the Superintendent
of Water.
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, Title 10 of the New York Codes, Rules and Regulations,
Part 5, Section 5-1.31. This is to be accomplished by:
(1)
Requiring an approved air gap, reduced pressure
zone (RPZ) device, double-check valve (DCV) 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 Code Enforcement
Officer 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 Code Enforcement Officer.
B.
Backflow prevention devices required.
(1)
All nonresidential users of the public water
system and all residential users of the public water system leaving
auxiliary water supply, including but not limited to a private well,
lawn sprinkler or irrigation system, shall be required to comply with
this article.
(2)
Any installation, service, maintenance, testing,
repair or modification of a backflow prevention device shall be performed
in accordance with the requirements of the Village of Woodbury and
the New York State Plumbing Code. For purposes of this article, a
backflow prevention device is an approved air gap, RPZ, DCV 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 installation.
(4)
A certificate of occupancy shall not be issued
by the Code Enforcement Officer for a new or modified/renovated/rehabilitated
structure having a system classified by the Department of Health or
determined by the Code Enforcement Officer as hazardous, unless a
backflow prevention device has been installed and approved pursuant
to this article 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 Code Enforcement Officer 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 article
and the New York State Department of Health and the Orange County
Department of Health requirements and regulations.
C.
Upgrade of preexisting structures. Any preexisting
system that does not contain a backflow prevention device shall be
upgraded so as to comply with the current requirements of this article
and of the New York State Department of Health and the Orange County
Department of Health within 365 days following the service of notice
by certified mail to install said device.
D.
Determination of type of backflow protection device.
(1)
The Code Enforcement Officer or designee shall
determine the type of device required for each property and facility.
In making this determination, the Code Enforcement Officer 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.
(2)
Cross-connection control by facility type.
(a)
The types of facilities which shall require
installation of an approved reduced pressure zone (RPZ) device or
air gap in the service connection to the public water distribution
system include, but are not limited to:
[1]
Sewage and industrial wastewater
treatment plants and pumping stations and sewer flushers.
[2]
Paper manufacturing or processing,
dye plants, petroleum processing, printing plants, chemical manufacturing
or processing, industrial fluid systems, steam generation, rubber
processing and tanneries.
[3]
Canneries, breweries, food processing,
milk processing, ice manufacturing, meat packers, poultry processing
and rendering companies.
[4]
Hospitals, clinics, laboratories,
veterinary hospitals, mortuaries and embalmers.
[5]
Shipyards and marinas.
[6]
Metal-plating, photo-processing,
laundries, commercial car washes, commercial refrigeration systems
and dry-cleaning establishments.
[7]
Commercial greenhouses, spraying
and irrigation systems using weedicides, herbicides and exterminators.
[8]
Boiler systems, cooling towers
or internal fire-fighting systems using conditioners, inhibitors and
corrosion control chemicals.
[9]
Residential units: that portion
of supply serving lawn and irrigation systems with chemical injection.
(b)
The types of facilities which shall require
installation of an approved double-check valve (DCV) in the service
connection of the public water distribution system include, but are
not limited to:
[1]
Customers' fire protection loops
and fire storage tanks with no chemical additives.
[2]
High temperature potable water.
[3]
Utilization of food-grade dyes.
[4]
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.
[5]
Residential units: that portion
of system with lawn and irrigation systems without chemical addition.
(c)
The above lists are not all-inclusive. The type
of backflow prevention device required for each facility shall be
determined by the Code Enforcement Officer or designee as set forth
above.
E.
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 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 and be by an
approved/certified tester. Test results shall be submitted to the
Code Enforcement Officer.
F.
Department of Health requirements. The Code Enforcement
Officer shall enforce this article 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 Department.
G.
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 article shall be subjected to a fine
not to exceed $250 for each day the violation continues after notice
by the Code Enforcement Officer. In addition, the service of water
to any premises may be discontinued by the Village if backflow prevention
devices required by this article 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 an
unprotected cross-connection exists on the premises, and water service
shall not be restored until such condition or defect is corrected.
[Adopted 8-12-2008 by L.L. No. 6-2008]
[Amended 4-25-2013 by L.L. No. 2-2013; 4-19-2022 by L.L. No. 2-2022]
Charges for water usage shall be in the amount of such rates
established by the Board of Trustees by resolution, which rates may
from time to time be modified by a resolution of the Board. The water
rates shall be posted in the office of the Village Clerk and may reflect
different rates for consumers situated in different Water Areas and/or
situated outside the Village.
