[Adopted 9-12-1984 by L.L.
No. 4-1984]
A.
Board of Water Commissioners shall be constituted to
be composed of five members, one of whom shall be designated as Chairman of
the Board of Water Commissioners. The term of all members shall be five years
and appointments made on a staggered basis. All members will reside within
the district. One appointment shall be made each year. The Chairman shall
be elected by the Board of Water Commissioners on a yearly basis. The Board
of Water Commissioners shall serve without salary.
B.
The Board of Water Commissioners shall hold monthly meetings
at a time to be designated by the Commissioners but within one week of and
prior to the regular monthly Town Board meeting. The Water Commissioners are
to be held responsible to the Town Board for general operation of the Water
District, preparation of its annual budget, subject to Town Board approval,
and monthly reports to the Town Board. No change in the rules and regulations
of the Rosendale Water District will be made without the approval of the Town
Board.
The Superintendent of the Water District shall generally act as agent
for the Board of Water Commissioners in the issuance of permits, billing for
services and inspection of work. All money in payment for permits or services
shall be paid to the Water Clerk at the Town Hall, Rosendale. In the case
of permits for connections, use of water for construction or the like, a receipt
for any fees stipulated, signed by the Water Clerk, must be in the hands of
the Superintendent of the Water District before work proceeds. The Superintendent
of the Water District and Water Clerk shall report to the Board of Water Commissioners
at each regular meeting covering work done and money received.
All money received on behalf of the Rosendale Water District shall be
deposited in the bank authorized by the Town Board.
Claims and charges against the district shall be audited by the Board
of Water Commissioners, submitted to the Town Board for their approval, and
all approved claims shall be paid by the Supervisor.
A.
No person or corporation shall use the water supplied
by the district for any purpose whatsoever nor connect to the pipes or mains
of the water system without having first obtained a permit upon written application
therefor and after having first paid the charges pertaining to the introduction
of water to the premises.
B.
No permit for water will be issued unless said application
has complied with all applicable federal, state and local municipal laws,
rules, regulations and ordinances and until the Superintendent of the Water
District receives approval by the Building Inspector.
C.
All applications for introduction of water to any premises
for the use of water shall be made upon a form approved by the district for
such purpose and shall be signed by the owner or his or her or its duly authorized
agent. Such application shall contain a specific statement of all uses for
which water is desired.
D.
If usage beyond that stated in the application occurs,
the Water Commissioners will assume that fraud was intended and may, at their
discretion, bring charges of such against the applicant, and a fine not exceeding
$250 may be imposed. Should it be found that applicant misjudged the usage,
the Water Commissioners are empowered to make such adjustments and charges
subject to the best interests of the Water District as a whole.
A.
No person shall make any attachment to or connection
with any of the pipes or mains of the district nor make any repairs, additions
or alterations to the service pipes, except on the consumer's side of the
meter, unless he or she is an employer or person or corporation authorized
to do so by the Board of Water Commissioners.
B.
A list of such persons authorized shall be on file in
the office of the Town Clerk, Town Hall, Rosendale, New York.
C.
All persons authorized will be required to carry adequate
public liability insurance coverage, specifically protecting, holding harmless
and naming as insureds the Rosendale Water District and the Town of Rosendale
in the minimum of $100,000/$300,000 for bodily injury liability and $300,000
for property damage liability.
Any person or corporation may make application upon a form approved by the district to the Board of Water Commissioners for the purpose set forth in § 73-6. The application shall be accompanied by a payment and performance bond in such sum as shall be fixed by the Board of Water Commissioners to sufficiently protect the interests of the Town of Rosendale and the Rosendale Water District (in a minimum of at least $10,000), with one or more sureties acceptable to the Board of Water Commissioners, conditional that he, she or it will comply with these rules and regulations, will perform all of the specified proposed work contained in the application in an approved and acceptable workmanlike manner and in accordance with all federal, state and local municipal laws, rules, regulations and ordinances, will fully pay all contractors, subcontractor employees and for all material used, consumed or installed in connection with the work proposed and contained in the foregoing application, will pay to the district all fees, penalties or other charges required hereby in consequence of the work undertaken and that he, she or it, immediately upon completion of the proposed work contained in the application, will restore openings made in the streets, roads, lanes and other public places and pavement thereon and therein to the same standard of condition as before the work started and keep and maintain the same in such condition for a period of one year after the work has been completed and, in case of failure so to do, will pay to the proper authority in the premises the cost of putting the same in such condition, or it may be arranged with the Superintendent of Highways to complete the restoration of the opening. The Board of Water Commissioners may at their discretion, grant or deny such application. Such permission, so given, may be revoked by the Board of Water Commissioners at any time.
A.
No person shall cause or allow any person or entity acting
on his behalf to tap any main or distributing pipe or make or interfere with
any connection with the water system unless under the direction of and in
the presence of the Superintendent or unless he be an employee of the district
or unless specific permission in each case be given by the district; nor shall
any person make any alterations or additions in and about water pipes, other
than on the consumer's side of the meter, unless a written permit shall have
been given by the district upon written application therefor.
B.
A minimum fee of $50 shall be paid by the applicant to
the district upon receipt of a permit for the installation of domestic taps
(3/4). The Water Commissioners may charge an additional amount if the tap
is larger or of an unusual nature.
No street or public place shall be opened by any person or entity for
the purpose of making a connection with the mains or for laying of water pipe
or fixtures unless prior written permission shall have been granted by the
authority having jurisdiction there, including but not limited to the following:
A.
The Town Superintendent of Highways for Town roads, the
County Superintendent of Highways for county roads and the State Regional
Highway Engineer for state roads, also the local Fire Department must be notified
and necessary clearance received in writing.
B.
Whenever any street or public place shall have been opened
for the purpose of making a connection with the mains or for the laying of
water pipes or fixtures, the applicant shall have proper regard for the public
safety and convenience, and said street or place shall be restored to its
original condition as soon as practicable. At all times open trenches shall
be guarded with barricades, and sufficient warning lights or flares shall
be displayed at night.
A.
Service pipes shall be laid and covered at least four
feet below the surface of the ground at all points. The curb cock shall be
installed within the property line of the landowner. The meter shall be installed
within the building to be served as close as practical to the point where
the service pipe enters, unless otherwise directed or permitted in writing
by the district, and shall be set with the inlet and outlet in a horizontal
line with the register on top and shall be so located as to be readily accessible
at all times for reading, inspection or repair. A stop valve shall be provided
within the building on the inlet side of the meter. No red or white lead or
joint compound shall be used on joints 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 main and the meter. Meters may be set outside
of buildings in the underground pits only by special permission of the district.
The method of setting the meter shall conform to specifications and directions
which will be furnished by the district for each specific instance.
B.
In the event that a change in ground elevation leaves
a service pipe insufficiently buried or results in the curb box projecting
above the ground or being covered with earth, the consumer shall promptly
lower or raise his service pipe and curb box to conform to the new ground
elevation. In case the consumer fails or neglects after due notice to make
such alterations promptly, the supply of water will be shut off until the
alterations are completed, and a service charge of not less than $10 will
be made to cover the labor and expenses of the district. Should it be necessary
for the Water District to make these necessary alterations, a decision remaining
solely within the discretion of the district, the resulting expense, both
labor and material, shall be added to the next water bill and be paid in like
manner as regular water charge.
C.
Only flared joints may be used between main and meter
spud. Mains shall be buried no more than six feet below the surface of the
ground level at any point or section.
A.
Permanent water service shall be rendered by meter only.
In order that there may be uniformity of make and design and to give the greatest
efficiency in operation and maintenance, all meters shall be of such make
and type approved by the Board and shall be provided by the district.
B.
Service pipes and meters and the appurtenances thereto
shall be kept in good repair and protected from the frost by the consumer
at his own expense.
C.
Where a water meter fails to register the correct quantity
of water delivered through it, or where it otherwise becomes out of order,
written notice thereof shall be given the district. A substitute meter will
be loaned the consumer while the original meter is not in use. Cost of repairs
or replacement shall be borne by the Water District if found that such breakdown
is due to normal usage. Should a consumer complaint be found to be unwarranted,
then in that event, the reasonable cost of removal, inspection and replacement
shall be at the consumer's expense. In such event, the minimum fee to the
consumer shall be $10. The fitting supplied by the district free of charge
to the consumer (residences) shall be no longer than three-fourths-inch. In
cases where larger meters are necessary, as in commercial use, then the consumer
shall pay for the meter at the time of making application for such water service.
Such meter shall be made available to the consumer for an amount equal to
the additional purchase cost to the Water District (i.e., cost difference
between a standard-size residential meter and a commercial meter and/or oversized
residential meter).
A.
In case a house or other building is to be closed or
become vacant, written notice thereof should be given the district by the
property owner 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, the
value of water lost by reason thereof, as estimated by the District Superintendent,
together with the additional sum of $10 to cover labor and expense to the
district, shall be added to next bill and paid in like manner as regular water
charges.
B.
When, for any reason, a service line to a property is
to be abandoned, the property owner shall notify the Water District immediately.
The owner at his own cost, procurement and expense, shall then have such service
line disconnected at the main and the corporation cock shut off. Upon certification
of the completion of the foregoing, the owner's name shall be removed from
the Water District ledger except for an ad valorum assessment, if applicable.
Otherwise, a minimum quarterly charge will be billed. The disconnection of
the service line shall be done only under the supervision of the Water District
at the owner's expense. If the owner's name is removed from the Water District
ledger a ten-dollar reinstallation charge will be made and collected before
water is turned on and meter reinstalled.
Where a new connection is made with street mains and where new extensions
or attachments are made in unoccupied houses, the curb cock shall be closed
by the person making the connection, extension or attachment and shall not
be opened until notice of the completion of the work shall be given the district,
the work has been inspected and approved by the district and the meter read.
Pipes and connections between the main and meter shall not be covered until
so inspected and approved. No new construction shall create dead ends unless
circumstances warrant it with the permission of the Water Board.
A.
Each service shall be provided with a corporation cock,
curb cock and box and service pipe from the street main to a point within
the property line. The corporation cock shall be provided by and remain the
property of the district. The curb cock and box shall be provided by the property
owner and located as designated by the Superintendent of the Water District.
The service line from the corporation cock to the meter must be three-fourths
K copper and shall be installed by the property owner or his agent and maintained
by the property owner. The service pipe and fitting and the meter settings
shall be of a make, size and pattern determined by the Water District.
B.
It is the responsibility of the property owner to maintain
and keep the curb cock accessible and in operable condition. If it becomes
necessary, the Water District will replace inoperable curb cocks and bill
the property owner for all expenses incurred.
A.
No person or persons shall open fire hydrants or draw
water therefrom except the Superintendent of the Rosendale Water District
and persons under his or her direction, or with his or her permission, except
in case of fire, when the Chief of the Fire Department, his assistants, officers
and/or members of the Fire Department, shall have free and entire control
of the hydrant for the purpose of extinguishing fires. In the event of a fire
drill, the Chief of the Fire Department shall provide the Rosendale Water
District with 15 days' prior written notice of an intention to schedule said
drill, specifying date, time and place, and the district will attempt to reasonably
facilitate the needs of the Fire Department where possible.
B.
No person or persons except the Superintendent and employees
under his or her direction shall open or close any valve or gate in any water
main or street pipe or, in any manner, interfere with or obstruct same.
Where water has been turned off by direction of the district, it shall
not be turned on without permission of the district.
A.
Bills for water service shall be prepared and become
due and payable to the district on a quarterly basis per year. Bills shall
be sent in the name of the property owner of record at the address shown on
the tax assessment rolls of the property or at a different address if requested
in writing by the property owner. Such payment shall be paid to the Water
Clerk at the Town Hall office during regular business hours. A penalty of
10% per annum shall be charged on all bills overdue. The Board of Water Commissioners
may order service discontinued to consumers where accounts are 30 days in
arrears. If the service is discontinued for arrears in payment, the service
will not be restored until the amount due for water, plus the ten-percent
penalty, plus the sum of $20 to cover restoration of service, is paid.
B.
Water rents and charges and penalties thereon shall be
a lien upon the real property on which water is used. The Water Clerk shall
prepare and file with the Supervisor a statement showing all water rents and
charges with penalties thereon in arrears for more than 30 days. This statement
shall contain a brief description of the property to which the water was supplied
or upon which charges were incurred, and liable to pay the same, for the purpose
of levying the same as a tax against the property.
Each dwelling, house trailer, business or building (or part thereof
having unrelated occupancy or distinctive use) shall have a separate meter.
However, where a dwelling is a multiple dwelling (a building containing more
than one unit utilized or adapted for use as a dwelling), and the landlord
supplies water to tenants, one meter shall be considered ample. Bills for
water service of this nature will be prorated on the basis of one minimum
per family or unit or business. The property owner is ultimately responsible
for paying all water rent and charges.
The Superintendent of the district or his or authorized agents shall
have full power to enter the premises of any consumer, at all reasonable hours,
to read the meter or examine fixtures, plumbing and the manner of using water.
In all places where steam boilers or hot-water tanks are supplied with
water from the water system, the responsibility rests with the owner or consumer
to see that the plumber places a suitable safety valve, vacuum valve or other
proper device to prevent damage from collapsing or explosion when water is
shut off. The District 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.
The district reserves the right to limit the amount of water furnished
to any consumer should circumstances seem to warrant such action, although
no limit may be stated in the application or permit for use; or said district
may entirely shut off the water supply used for manufacturing purposes or
for furnishing power or for lawn sprinkling, at any time, by giving reasonable
notice of such intended action, or in case of making or constructing new work
or in making repairs or in an emergency, the right is reserved to shut off
the water from any consumer without notice for as long as may be necessary.
The district shall not be liable for any damage or loss of any name
or kind to property or persons which may arise from or be caused by any change,
diminution in or increase of water pressure from any cause whatever.
All air-conditioning units using circulation water will be required
to be so equipped so that the initial supply may be recirculated through the
unit.
A.
All service pipes 3/4 inch up to and including two inches
outside diameter between the main and meter shall be Domestic Type K soft
copper tubing. The minimum size of service from the main to the premises shall
be 3/4 inch outside diameter. All services three inches outside diameter and
above shall be ductile iron to conform to the standard of the Rosendale Water
District for its mains.
B.
All service pipes to any premises shall be laid and covered
at least four feet below the surface of the grade lines of the street and
shall extend at right angles from the street main to the property line, where
a curb cock shall be attached and valve box placed.
C.
There shall be a stop and waste valve placed on every
supply pipe just inside the building or cellar.
D.
Every 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 from settlement.
E.
No service application will be granted for any premises,
including trailers, which is not served by approved type of 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 so-called private water lines is prohibited.
Whenever any of the provisions of these rules or regulations are violated,
the Board of Water Commissioners may order the Superintendent of Water to
shut off the water and remove the meter. In case of leakage causing wastage
of supply, the Superintendent may, at his or her discretion, act before consulting
the Board of Water Commissioners.
A.
Any violation of rules and regulations is hereby declared
to be an offense punishable by a fine not to exceed $250 or imprisonment not
to exceed six months, or both said fine and imprisonment.
B.
Any willful act whereby said Water District or any property,
apparatus or appliance pertaining thereto shall be injured, or the supply
of water obstructed, impaired or made less pure shall be deemed a misdemeanor
punishable as provided for in the first subsection of this section.
C.
This law shall not impair the right of the Town of Rosendale
Water District to seek any and all other forms of redress and compensation,
including punitive damages in any other court or legal forum.
A.
The right is reserved to change and amend these rules
and regulations, to make special rates, variations and contracts in all proper
cases, or to turn off the water supply without notice in case of extensive
repairs or other necessity without liability for damages for lack of water,
or for any damage which may result from the turning off of water supply.
B.
Every effort will be made by the Water Superintendent
to notify affected areas of such work, he or she will use whatever means he
or she feels the situation warrants.
Appointments of all Water District employees shall be by recommendation
of the Water Commission to the Town Board.
A.
Usage. Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings.
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number include the plural,
and words used in the plural number include the singular, unless the context
clearly indicates the contrary.
(3)
The word "shall" is always mandatory. The word "may"
is permissive.
(4)
"Building" or "structure" includes any part thereof.
(5)
The word "lot" includes the word "plot" or "parcel."
B.
BUILDING
PERSON
ROSENDALE WATER DISTRICT BOUNDARIES
TOWN
TOWN BOARD
Unless the context specifically indicates otherwise,
the meaning of terms used in this chapter shall be as follows:
Any structure which is permanently affixed to the land, has one or
more floors and a roof and is intended for the shelter, housing or enclosure
of persons, animals or chattel.
An individual, firm, company, association, society, corporation or
group.
The physical boundaries as presently established or as may be extended
from time to time as duly provided by Town Law.
The Town of Rosendale, Ulster County, New York.
The duly elected Town Board of the Town of Rosendale or its authorized
deputy or representative.
