Village of Woodbury, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 143.
Sewers — See Ch. 253.
Subdivision of land — See Ch. 272.
Water and sewer inspections — See Ch. 301.
[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]
Bills for water service shall become due and payable to the Village of Woodbury, and such payment shall be made to the Village of Woodbury at the Village Clerk’s Office, triannually for the periods ending on the last days of January, May and September of 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
Any person failing to pay a water bill within 30 days after receipt shall be required to pay a delinquent service charge of 10% 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]
A. 
The following water rates are hereby established for and to be paid by all water users within the Consolidated Water area:
Number of Gallons
(per four-month period)
Triannual Billing Rates
Up to 15,000
$20
15,001 to 20,000
$20, plus $2 per 1,000 gallons over 15,000
20,001 to 25,000
$30, plus $3 per 1,000 gallons over 20,000
25,001 to 40,000
$45, plus $3.50 per 1,000 gallons over 25,000
40,001 to 70,000
$97.50, plus $4 per 1,000 gallons over 40,000
Over 70,001
$217.50, plus $4.50 per 1,000 gallons over 70,000
B. 
The following rates are hereby established for and to be paid by all water users within the Amdur Park (Water 6) Area:
Number of Gallons
(per four-month period)
Triannual Billing Rates
Up to 15,000
$30
Over 15,000
$30, plus $2.25 per 1,000 gallons over 15,000