[Adopted 6-15-2016 by L.L. No. 1-2016[1]]
The following rules, regulations and ordinances relating to
the operation of the Town of Saugerties Water Districts (Glasco, Malden,
Cafaldo Park, Kings Highway and Bluestone Park), the establishment
of water rates, issuance of permits, and the use of water mains, pipes,
hydrants, connections and appurtenances, be and are hereby adopted
and enacted as the ordinances, rules and regulations of the Town of
Saugerties, Ulster County, New York.
Each nonresidential user of water of the Town of Saugerties
water district water system shall prepare and retain a water consumption
reduction plan, enabling it to reduce its use of water in stages 15%,
20%, and 25% based on its water consumption during the calendar year.
These plans shall be designed so as to achieve and maintain the fifteen-percent
reduction promptly, and to achieve the twenty-percent and twenty-five-percent
reduction immediately upon the declaration of a Stage II and Stage
III emergency, respectively. On and after 30 days from the effective
date of this article, each nonresidential user shall have his water
consumption plan available at all times for inspection and copying
by employees of the Town.
A.
Whenever the Town Board shall determine that an emergency exists
due to a shortage of water, the Town Board shall publicly declare
the existence of a Stage I emergency by adopting a resolution to that
effect at a regular or special meeting and causing a notice thereof
to be published in the official newspaper of the Town. Upon the publication
of the resolution, the restrictions for a Stage I emergency shall
be in effect.
B.
If, at any time thereafter, the Town Board determines that the measures
implemented under a Stage I emergency have not resulted in a sufficient
level of conservation in light of the existing water supply conditions,
it may declare a Stage II emergency, which shall be effective upon
publication in the official newspaper of the Town.
C.
If, at any time thereafter, the Town Board determines that the measures
implemented under a Stage II emergency have not resulted in a sufficient
level of conservation in light of existing water supply conditions,
it may declare a Stage III emergency, which shall be effective upon
publication in the official newspaper of the Town.
A.
During a Stage I emergency, no person shall cause, permit or allow:
(1)
The continuing of any leak or waste from any pipe, valve, faucet,
conduit, equipment, facility or device connected to the Town water
systems, or which utilizes Town water, on or in any premises owned,
leased, managed, operated or controlled by such person or entity.
(2)
The washing of any vehicle by means of a hose, fire hydrant, or other
active source connected to the Town water systems, except commercial
washing operations for vehicles for which equipment has been installed
and is utilized so that at least 50% of the water used is recirculated
by means of a system approved by the Town.
(3)
The washing of any street, sidewalk, driveway, outdoor areaway, outdoor
steps, building exterior or other structure by means of a hose, fire
hydrant or other active source connected to the Town water systems
or which utilizes Town water.
(4)
The use of water from the Town water systems for any ornamental purpose,
including but not limited to use in fountains, artificial waterfalls,
reflecting pools, lakes and ponds.
(5)
The use of water from the Town water systems to water any lawn, golf
course, ornamental shrub, plant, or tree, except that:
(a)
Town water may be used to water any lawn, tree, shrub, garden,
or golf course greens and trees only, from 4:00 p.m. to 5:00 p.m.
and 9:00 p.m. to 10:00 p.m.
(b)
Town water may be used at any time to irrigate, from a hand-held
container, vegetables or fruits grown for human consumption.
(c)
Plant nurseries and other commercial users engaged in the business
of growing, distributing, or selling plants may use such water on
their business premises for watering ornamental shrubs, plants or
trees, provided that each such user reduces its use of water by 15%
or such other percentage as may hereafter be prescribed for nonresidential
water users.
(6)
The opening or use of any fire hydrant, or of the water therefrom
for any purpose other than fire protection except in accordance with
a permit obtained from the Water Department and only for the period
of and the purpose authorized by such permit and in strict adherence
to all terms and conditions set forth therein.
(7)
The operation of an air-conditioning system utilizing water from
the Town water system in a cooling tower, unless within 30 days from
the effective date of this article a separate meter is installed to
continuously measure the flow of water to the cooling tower.
(8)
Operation of any air-conditioning systems in excess of two tons of
rated capacity or greater or any refrigeration unit rated at 10 horsepower
or greater using water from the Town water system, unless such air-conditioning
system or refrigeration unit is equipped with a water recirculating
device approved by the Town.
(9)
The use of water from the Town water systems to fill or maintain
the water level in any swimming pool, except that, provided the pool
is operated with recirculating equipment, Town water may be used to
fill the pool once during each calendar year, and thereafter may be
used as necessary to maintain the water level in such pool.
A.
During a Stage II emergency, all Stage I emergency restrictions shall
apply and, in addition, no person or entity shall cause, permit or
allow, etc.:
(1)
The use of water from the Town water systems to fill or maintain
the water level in any swimming pool.
(2)
The use of water from the Town water systems to water any lawn, golf
course, ornamental shrub or plant, except that Town water may be used
to irrigate, from a hand-held container only, vegetables or fruits
grown for human consumption.
A.
A violation of any provision of this article is hereby declared to
be a violation pursuant to the Penal Law. Any police officer shall
issue and serve appearance tickets with respect to any violation of
this article when he or she has reasonable cause to believe the violation
has been committed.
B.
Every violation of any provision of this article shall be subject
to a fine of not more than $250, or imprisonment of not more than
15 days, or by both such fine and imprisonment as provided in the
Penal Law. Each day that a violation continues shall be a separate
and distinct offense.
C.
Water service may be terminated for any violation of any provision
of this article if it is not corrected within five days after service
of a notice to correct. The notice may be served by personal delivery
or by first-class mail.
A.
Upon the application of any person or entity, the Town Board with
input from the Water Superintendent may, at its discretion, grant
a variance relieving the person or entity from the requirements of
this article, if that person or entity demonstrates to the satisfaction
of the Town Board:
(1)
That undue hardship would otherwise result;
(2)
That there are no possible alternatives;
(3)
That the applicant has taken and will take all possible measures
to conserve water and has supplied a complete description of these
measures and the water savings to be effected; and
(4)
That the variance is not inconsistent with the purpose of these
emergency regulations.
B.
In connection with any variance which may be granted, the Board may
impose such terms and conditions as it deems appropriate.
Once a Stage I, Stage II or Stage III drought emergency has
been declared, the restrictions of this article shall remain in effect
until modified or until the water supply emergency has been declared
terminated by the Town Board.
Use of Town water. No person shall use the Town water for any
purpose unless the owner of the premises shall have presented a written
application, naming and specifying the purpose for which the applicant
desires to use the same, to the Water Superintendent and received
a written permit from the Water Superintendent.
Any owner of real estate desiring to take water from the Town
water supply to use on said premises shall apply in writing to the
Water Superintendent, and said application shall state the name of
the applicant, residence or office address, the address where said
water is to be used, the size of the tap desired to be made, the several
uses and purposes for which the water is desired. No tapping of the
street main shall be done or connections made therewith except by
the Town or its authorized agent, nor until said application has been
accepted and permission to tap said main granted in writing. The use
of the water, when granted, shall be subject to the rules and regulations
in force, or thereafter adopted, and at tariff rates, except where
a special rate is specified and then in accordance with such special
agreement.
A.
The Water Department will tap the main at the cost indicated in the
Town Water Department Fee Schedule. No person or persons other than
those appointed or approved by the Water Department will be allowed
to tap the mains under penalty, and no main will be tapped until application
is made and signed. Service lines larger than one-inch are at the
owner's expense. A plumber or contractor receiving a permit to
lay service or supply pipes for the introduction of water to any premises
shall give the Superintendent of the Water Department at least 24
hours' notice previous to the time for tapping the main.
B.
All work attendant upon the introduction of water to any premises,
laying supply pipes thereto and fixtures connected therewith, shall
be done under the supervision of the Superintendent of the Water Department
and subject to his approval. In addition, work is to be performed
during Town regular working hours. If weekend work is necessary, there
will be additional overtime fees, chargeable to the owner, permit
holder.
There shall be a curb box and a valve connected with the service
pipe running into every building, placed inside the curbline of the
street and a corporation cock at the main, and also a stop and waste
cock placed just inside the building, so that the water may be turned
off from the whole building by either stopcock without closing the
other.
All persons having or using Town water on their premises must
keep their supply pipes, and all fixtures connected therewith, in
good repair and protected from frost or other injury at their own
expense. They shall keep the curb boxes connected with their supply
pipes in plain sight at all times on a level with the top of the curbstone.
The Town shall not be liable for any damage resulting from freezing
or bursting of pipes, leaks or failure to keep in repair.
A.
All service pipes 3/4 inch to and including two inches between the
main and the building shall be Type K soft copper tubing. The minimum
size of the service from the main to the premises shall be 3/4 inch.
All services three inches and above shall be ductile pipe or engineered
approved material.
B.
All service pipes to any premises shall be laid at least five feet
below the surface of the grade lines of the street and shall extend
at right angles from the street main to the inside of the curbline
where a curb cock shall be attached and valve box placed.
C.
There shall be a ball valve placed on every supply pipe just inside
the building or cellar.
D.
Every copper connection or service pipe must be laid with not less
than six inches slack; such slack shall not be more than two feet
from the main, and in such a manner as to prevent rupture or settlement.
E.
No service application will be granted for any premises or property
which is not served by approved type sanitary facilities.
F.
No application for water service will be granted for any premises
or property which cannot comply with the foregoing provisions. The
installation of private (so-called) waterlines is prohibited.
G.
All expenses for introducing water to any premises, excavating for,
and laying service pipes, and all fixtures connected therewith (except
the connection on the main which belongs to the Water Department)
must be paid for by the owner of the premises.
H.
All work attendant upon the introduction of water to any premises,
laying supply pipes thereto and fixtures connected therewith, shall
be done under the supervision of the Superintendent of the Water Department
or authorized employee and subject to his approval. Responsibility
for the location of water mains to which supply lines are to be connected
or repaired rests solely with the Water Department. All persons desiring
a specific location of a water main or supply line for connection
shall give at least 48 hours' notice to the Water Department
previous to the starting of the work. Failure to give such notice
shall relieve the Water Department of all responsibility for the location
of said main or supply lines.
I.
The maintenance and repair of all service pipes from the main to
the premises shall be the responsibility of the owner. If, for any
reason, a leak develops on the service line, the owner shall take
immediate steps to repair it at owners' expense. In the event
of unreasonable delay in the prosecution of the repair work, due notice
will be given by the Superintendent to the owner or tenant of the
premises to start the necessary repairs within 24 hours. Upon failure
of the owner to start repairs within this period, the Water Department
shall have the authority to dig up and discontinue service.
J.
When, for any reason, a service line to a property is to be abandoned,
the property owner shall notify the Water Department immediately.
The owner shall then have such service line disconnected at the main
and the corporation stop shut off. The disconnection of the service
line shall be done only under supervision of the Water Department.
The owner/permittee shall be solely responsible to ensure that:
A.
Ditches must not be left open longer than is necessary, and shall
be properly guarded, and at night have sufficient lights to prevent
accidents.
B.
Sidewalks and roadbeds shall be restored to their normal condition.
All service pipes must be laid as deep as the main unless such depth
shall exceed five feet and that depth be a sufficient protection from
frost.
C.
No service pipe will be allowed in any ditch that contains any gas,
sewer, drain or any other pipe.
D.
All backfilling must be done with suitable material and free of all
rocks, regardless of rock size.
E.
If material on site is not suitable, it needs to be six-inch bedding
underneath pipe and twelve-inch bedding over the top of the pipe.
F.
Material to be used is sand or stone dust.
No plumber, contractor or other person shall open any curb cock
or outlet on the supply of water through any service pipe without
permission from the Water Department Superintendent.
A.
All real estate owners using Town water by themselves or by their
tenants are hereby held responsible for all water so used, and each
owner will be charged the full rate as shown by his application from
said date, unless notice in writing is given to the Town Board to
shut the water from the said premises. Property owners leasing premises
are required to furnish the tenant with a copy of these rules and
regulations, which will be supplied at the office of the Town Clerk.
B.
The owner will be responsible for all water used to the date notice
in writing is received by the Town Board and the Water Superintendent
to discontinue water service to the premises.
No consumer shall supply water to other persons or to other
families, to suffer them to take it, except for use on the premises,
nor for purposes not specified in the application, nor after water
is introduced into any building or upon any premises, nor make or
employ any plumber, contractor or other person to make any tap or
connection with the waterworks upon his premises for changes, extensions
or attachments without a written permit from the Water Superintendent,
specifying the particular change to be made.
All persons shall use due and reasonable care in the use of
the water and shall not permit the same to waste or leave faucets
running when not in use.
A.
Delinquent or unpaid water rents not paid within 30 days will be
subject to a ten-percent penalty of the rent owed, which will be added
to the original amount.
B.
Unpaid water rents will no longer be collected by the Town Tax Collector
after the third Friday in October of each year. The Town Tax Collector
shall then prepare and file with the Town Board a statement showing
unpaid water rents and charges with penalties thereon. Such unpaid
water rents and additional charges shall become a lien upon the real
property. Unpaid rents will be levied on the real property tax in
addition to the levied real property tax.
A.
The Town Board reserves the right to attach a water meter of such
make and type as recommended by the Superintendent and approved by
the Town Board to any supply or service pipe, at any time, whenever
they all deem it expedient to do so, and thereafter charge for the
quantity of water passing through the meter. All meters shall be the
property of the Water Department.
B.
All meters shall be attached or set by Water Department employees
or contractors only. No meters shall be interfered with, removed,
disconnected or repaired by any other person other than an employee
or contractor of the Water Department. The plumber or contractor making
the installation shall provide all necessary supports for the meter,
as directed by the Superintendent. The Superintendent shall be given
not less than 24 hours' notice for the setting of the meter.
C.
Owners of the premises where meters are attached to the supply pipes
will be required to protect the meter from frost or other injury at
their own expense and to pay the cost of all necessary repairs resulting
from said lack of protection. Whenever it should become necessary
to attach a meter outside of a building, the owner shall pay the expense
incurred in excavating and boxing it. The type of installation shall
be as required by the Superintendent.
D.
Where a water meter 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 immediately given to the
Water Department. Another meter will be installed during the time
required for the testing and repair, except in cases where the meter
is to be tested and repaired on the premises. All repairs shall be
made by the Water Department. When, in the opinion of the Superintendent,
a meter becomes unsuitable for use, it shall be replaced by the Water
Department.
E.
If the consumer contests the amount of water recorded or measured
by a water meter, upon written request to the District to test the
meter in question, another meter will be loaned and installed by the
Water Department during the time for testing. If the meter is tested
and found to be recording or measuring water usage accurately, the
consumer will be charged a fee to cover labor and expense to the District
for removal, testing and reinstallation of the meter, as well as any
additional fees incurred by the Water District for testing the meter.
F.
The sizing of meters on service lines over one inch shall be determined
by the Town Engineer and shall be subject to his approval. On installation
requiring meter of two-inch size and over, the owner of the premises
shall be required to give not less than 60 days' notice to the
Department.
G.
For meters on service lines larger than one-inch, the owner must
pay for the meter as well as any and all necessary repairs.
A.
In case of: 1) fraudulent representations on the part of the applicant
as to the purpose and use of the water, or as to who shall use the
water; or 2) water use for purpose not embraced in the application
or contract; or 3) willful and unreasonable wasting of water; or 4)
failure to allow changing to a recommended water meter or allow entry
for meter reading, when needed, within five days after receiving a
notice to correct, the Town Board shall have the right to forfeit
any payment made by the applicant and turn off the water, and the
same shall not again be turned on until the party shall correct all
infractions and pay all damages and penalties. In cases where the
water is shut off for nonpayment of water rent or other causes, and
when, in the opinion of the Superintendent, the shutting off at the
curb is not sufficient protection against the further use of water,
he may order or cause the corporation cock to be shut off at the main
and the supply line disconnected therefrom.
B.
Upon reapplication for water service where the water service has
been shut off and disconnected at the main, an additional charge of
$300 must be paid for reconnecting the supply line.
C.
The payment of the regular water rents shall not conflict with the
right of the Superintendent to shut off the supply of water from any
premises for any violation of these rules and regulations.
D.
Nothing in the above provisions shall conflict with the right of
the Superintendent to shut off the supply of water from any premises
in order to make repairs or additions of new work.
E.
No person, persons, or corporations shall have any portion of any
payment refunded, or be entitled to damages, for any stoppage of supply
occasioned by accident to any portion of the works not for the purposes
of additions or repairs, or the stoppage or fouling of any service
pipe or pipes, fixture or fixtures of any kind.
Any damage which may be sustained by a meter resulting from
a carelessness of the owner, tenant or agent of premises, or from
neglect of either of them properly to secure and protect the same,
as well as any damage that may result from allowing said meter to
become frozen, burned, or injured by hot water or steam, shall be
chargeable to the owner of the premises and paid to the Department
of Water on demand.
In no case will gas, steam, sewer, electrical conduits or other
pipes be permitted to be laid in the same trench with a water service
pipe.
Persons desiring the use of Town water for building purposes,
or for any other special purpose whatever, will be required to make
an application in writing at the office of the Water Department and
to pay in advance for the same. Upon application approval, any subsequent
changes to the original application must be resubmitted in writing
to the Superintendent for his reapproval and it must be in writing.
The use of water for sprinkling, fountains, sprays and pools
shall be subject to such regulations and restrictions and may be determined
by the Town Board or Superintendent.
The Water Department, its agents, officers and employees, may
enter the premises of any water consumer, at any reasonable time,
upon reasonable prior notice and with the consent of the owner or
occupant, to examine the pipes and fixtures, to ascertain the quantity
of water used, and the manner of its use, and to ascertain whether
there is any unnecessary waste of water. If any waste or irregular
use of water be found, a written or printed notice shall be left with
the owner or consumer occupying the premises, and within 48 hours
of leaving such notice all necessary repairs must be made and waste
of water stopped or the water will be shut off and shall not be let
on again until such repairs are made. Should the owner or occupant
unreasonably withhold his or her consent to entry upon or into the
premises by the Water Department, or its agents, officers and employees,
the Water Department shall have the right and authority to shut off
the water supply at the curb or cause the water supply to be shut
off at the main and the supply line disconnected therefrom.
A.
All fire hydrants are for the exclusive use of the Fire Department
and the Superintendent or those acting under his direction, or with
the permission of the Town Board. These are the only persons that
will be allowed to draw water therefrom.
B.
The Chief of the Fire Department, his assistants, and officers are
permitted to use the same for the purpose of extinguishing fires,
cleaning engines, hose or Department material, making trials of engines,
or hose, belonging to the Fire Department, but in each instance such
trials shall be under the direct supervision of the Chief or his assistants.
The Water Department shall be notified 24 hours prior to the trials.
C.
No person, persons or corporation except for those having authority
and with the consent of the Water Superintendent shall open or close
any gate, or valve, in any street main, or cock or valve in any curb
box or interfere with the same in any manner under penalty.
Any person, persons or corporation wishing to discontinue the
use of water must give written notice thereof to the Water Superintendent.
The Town Board reserves the right to change these rules and
regulations and the rates for the use of water from time to time,
and modify them in special cases, to make special rates or contracts
in all proper cases, to shut off water for alterations, extensions
and repairs, and to stop and restrict the supply of water whenever
it may be found necessary or to limit it, or to cut off entirely the
supply of water for any motor or manufacturing purpose, and the Town
shall not be liable under any circumstances for a deficiency or failure
in the supply of water, whether occasioned by shutting off water to
make repairs or connections, or for any cause whatsoever.
All the foregoing rules, regulations and restrictions relating
to the uses of Town water and the Water Department made and adopted
by the Town Board shall be considered a part of the contract with
and between any person who applies for and obtains a supply of water
from said Department, and every person receiving the water so supplied
shall be considered as having expressed his consent to be bound thereby.
The schedule of water rates per annum and fees shall be as set
forth from time to time by resolution of the Town Board.
This article shall take effect when filed with the Secretary
of State's office.
