Village of Wappingers Falls, NY
Dutchess County
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Table of Contents
Table of Contents
The following regulations shall be considered a part of the contract with every person or body, dwelling unit, commercial establishment, institutional facility, etc., supplied with water from the public water supply of the Village of Wappingers Falls. The Board of Water Commissioners shall enforce the regulations now or hereafter made in every legal manner.
For the purpose of these rules and regulations, the following terms shall have the meanings indicated:
BOARD OF WATER COMMISSIONERS
A Commission appointed by the Village Board authorized to control and administer all aspects of the public water supply system of the Village of Wappingers Falls. The Commission shall consist of three Village residents and the Mayor of the Village of Wappingers Falls, all of whom have a vote. Appointments and terms of the resident members shall be staggered so that a Commission vacancy exists each year. In the event that a vote of the Commission results in a tie, the tie shall be broken by a vote of the Village Board as a whole.
CONSUMER
The person, persons or body who make application for water service or who receive water service on any premises.
DISTRIBUTION SYSTEM
System of pipes, etc., to deliver treated, potable water from the storage facilities to the consumers (including the fire system).
DWELLING/DWELLING UNIT
One or more rooms with private bath and kitchen facilities comprising an independent, self-contained unit.
ENGINEER
Professional engineer licensed by the State of New York, and duly appointed by the Village Board of Trustees and/or Board of Water Commissioners.
FIRE PREVENTION
New York State Uniform Fire Prevention Code.
HIGHWAY SUPERINTENDENT/COMMISSIONER OF PUBLIC WORKS
The leader and chief administrator of the Village Department of Public Works. Hereinafter referred to as Administrator.
OPERATOR/WATER DEPARTMENT
The Department and person(s) in charge, duly licensed, of running the water system of the Village of Wappingers Falls.
OWNER
The owner of the premises served, or his authorized agent.
REGULATORY STANDARDS
The New York State Drinking Water Code Part 5, and the Recommended Standards for Water Works (Ten States Standards).
SERVICE/SERVICE PIPE or SERVICE CONNECTION
All pipe fittings, valves, etc., connecting the water main with the consumer. It shall include the corporation to the curb valve, and all pipe to the valve immediately inside the premises before the meter.
STANDARDS
New York State Drinking Water Code Part 5, Recommended Standards for Water Works (Ten States Standards).
STORAGE FACILITIES
Elevated tanks, stand pipes, ground storage tanks, etc., installed for the purpose of storing treated, potable water to feed the distribution system.
SUPPLY FACILITIES
All wells, pumps, motors, piping, softeners, disinfection equipment, and control equipment used to supply potable water to the consumers.
TENANT
Any premises or consumer outside of the Village of Wappingers Falls that receives water service from the public water supply of the Village of Wappingers Falls.
VILLAGE BOARD OF TRUSTEES
A group of Village residents duly elected to oversee the affairs and administration of the Village on behalf of its residents.
VILLAGE OF WAPPINGERS FALLS
The Incorporated Village of Wappingers Falls.
WATER MAIN
The distribution system piping of the water system conveying the water from the source of the water along the streets to the individual premises.
[Amended 12-11-2019 by L.L. No. 2-2020]
A. 
All service connections connecting up to the curb valve and including the curb valve shall be the responsibility of the Water Department of the Village of Wappingers Falls. The connection on the consumer's side of the curb valve to the inside of the premises, including the premises, shall be the responsibility of the consumer. All service connections shall be constructed in accordance with Part 5 of the New York State Sanitary Code and/or the Recommended Standards for Water Works (Ten States Standards). All service connections shall be inspected and approved with the operator of the water system or Plumbing Inspector.
B. 
From the curb shutoff to the premises, no trench shall be opened for any purpose with reference to the water system without a permit from the Board of Water Commissioners covering the particular job in question. Fees shall be charged with the fee schedule in effect at that time.
C. 
In the opening of the street, for the construction of a new water service connection or connection under the authority of a permit issued by the Department with approval of the Water Department, an experienced plumber bonded will be held responsible for such trench even though the work may be performed by some other person or party. The opening of the street shall be by permit issued by the Superintendent of Highways with proper insurance and security in place and bond or cash equivalent. Any work done within the street from the main to the curb valve will be inspected by the Water Operator and the Superintendent of Highways prior to backfilling. If the contractor performing the work fails to do so to the satisfaction of the Water Operator and/or the Superintendent of Highways, the Village shall be authorized to perform the work, and the cost incurred by the Village to perform the work shall be assessed to the individual property owner.
A. 
Every consumer taking water or permitting water to be taken for use on premises of which he is the owner or authorized agent thereby agrees to these regulations and agrees to be bound by them and by such other regulations as may hereafter be established with regard to the water system.
B. 
All applications for use of water must be made, in writing, by the owner of the premises to be served or in the owner's name, by his authorized agent, on forms provided for the purpose, and such application must be approved by the Board of Water Commissioners before any connection is made with the street mains. The applicant who makes the application will be held responsible for all water rents and charges until due notice shall have been made by him, in writing, and delivered to the Board of Water Commissioners at least 10 days before going into effect.
A. 
No water main shall be tapped for larger than a one-inch corporation, unless specifically approved by the Board of Water Commissioners. All service connections shall be K-type copper.
B. 
Each individual property shall have its own separate service connection. Two separate properties shall not be connected off one individual service connection. A commercial or multiuse property shall have only one property-sized service connection, except where a separate fire line is required.
A. 
No person shall tap or make any attachment to the pipes of the water system, nor make any repairs, additions to or alterations of any tap, valve, or other fixture in connection with the service main or meter unless he is a plumber duly approved by the Board of Water Commissioners, having from the Board of Water Commissioners a special permit covering the particular job in question.
B. 
Taps in a street main shall generally be made at 10:00 or 2:00 as per the standard details.[1]
[1]
Editor's Note: The standard construction details are included at the end of this chapter.
C. 
Consumer side. Subsequent to an approved tap being made in the street main, the plumber making such tap shall report the details of the tap and service showing size, location, material, etc., to the Water Department within 48 hours after the job is completed.
D. 
In accordance to Part 5, State Sanitary Code, no service main or tap nor sewer pipe or connection shall be covered until it shall have been inspected by a representative of the Plumbing Inspector or Board of Water Commissioners. For violation of this rule, the Committee shall require the main or pipe to be again exposed and a penalty charged against the owner per the fee schedule.
A. 
Space shall be provided for setting the meter in a readily accessible part of the premises, and consumers must not put any obstructions for the convenient inspection and reading of the meter. All meters must be sealed. All readouts will be installed on the outside of the building. Meters shall be provided by the Village of Wappingers Falls Water Department, and shall be owned and installed by them, except as otherwise noted herein or by separate agreement between the Village and the property owner. Fees for said meter installation by the Village of Wappingers Falls shall be as per the fee schedule.[2]
[2]
Editor's Note: The fee schedule is included at the end of this chapter.
B. 
If not installed by the owner, new meters for single-family residential use shall be furnished and installed by the Village Water Department. New meters for commercial, multifamily residential, and industrial use shall be furnished as per the site or development plan approved by the Village. Ownership of all meters shall be retained by the Village Water Department, except as otherwise established in separate agreements or covenants between the Village and the property owner. All meters shall be Sensus/Invensys brand products with radio-read transmitters that are fully compatible with the Village's existing automatic meter-reading system. All meters, 1.5 inches or larger, shall be Sensus Omni type with appropriate radio-read system.
C. 
Meter installation for all new construction and redevelopment projects shall be the responsibility of the contractor and/or developer.
D. 
The Village Water Department shall furnish and install new meters only in single-family residences where the existing meter is no longer functional from wear or deterioration due to age. The Department may install new meters in single-family residences at the property owner's expense in cases where the existing meter is no longer functional due to frost, neglect, abuse or other action or lack of action by the owner or tenant of the property. The installation and/or replacement of meters larger than one inch in diameter shall be the responsibility of the property owner, except as otherwise established in separate agreements or covenants between the Village and the property owner.
[1]
Editor's Note: For meter details, see the standard construction details included at the end of this chapter.
A. 
Representatives of the Water Department shall be given free access to the meter at all reasonable times. The meter must be adequately protected from frost. The amount of any damage from frost or abuse or neglect by the consumer will be charged to the consumer.
B. 
The consumer will be responsible for a broken meter and/or complaint of a faulty meter. The meter will be repaired and tested. If the meter tests okay, the consumer shall pay for the cost of the meter test and installation.
C. 
If the consumer and/or consumer's contractor damages a meter, exterior touchpad and/or exterior radio, they will be responsible for the purchase and installation of the damaged equipment.
[Added 3-14-2012 by L.L. No. 1-2012]
A. 
There shall be no tap, provision for tap, plugged T or other such fitting in the service main between the street main and the meter inside the building. Any yard hydrant, fountain, or hosebib must be connected on the house (building) side of the meter.
B. 
Any connections made before the meter on the street side shall be immediately removed at the building owner's expense and the owner fined per the fee scheduled.[1]
[1]
Editor's Note: The fee schedule is included at the end of this chapter.
C. 
All service pipes together with the necessary fixtures in connection therewith for public or private use shall be of material, size, weight and kind approved by the Board of Water Commissioners and shall be installed under its supervision and subject to its approval. Construction materials and methods shall be as per standard details.[2]
[2]
Editor's Note: The standard construction details are included at the end of this chapter.
D. 
Service pipes shall be of best grade K-type copper pipe.
All pipes, conduits, mains, or other devices used for the transmission of potable water hereafter installed in the streets, highways, or other public places in the Village of Wappingers Falls shall have a minimum diameter of eight inches.
A. 
All water service connections shall be laid in accordance with Part 5 of the Sanitary Code.
B. 
The diameter of the service main shall be determined by the applicant's engineer and approved by the Board of Water Commissioners.
C. 
For new construction only, such pipes are to be laid not less than five feet below the surface of grade (concrete, stone or similar heat-conducting material not included in this measurement) and not less than 10 feet horizontal from any sewer or other parallel pipe. Together with their appurtenances, fixtures are to be kept in good repair and protected from frost by the owner of the premises. All curb valves shall be installed as close as possible to the front property line in back of the sidewalk, if possible, and in a manner where it is easily accessible and subject to a minimum amount of damage.
D. 
The entire expense, both in labor and material, of installing the service from the house side of the curb valve to the meter, both inclusive, also all expenses of repairs on the protection of said service main, shall be borne by the owner of the premises, and the street and sidewalk replaced in as good condition as they were found.
E. 
Should repairs to the service connection become necessary to prevent unacceptable leakage/waste of water and should the owner of the premises served neglect or refuse to make such repairs, the water shall be shut off at the curb valve after due notice (10 days) shall have been given as hereafter prescribed. The repairs shall then forthwith be made by the Water Department and the cost of the same charged against said owner.
No plumber or other person shall make a tap unless the Board of Water Commissioners is notified. Violation of this rule shall be punishable by a fine per the fee schedule.[1]
[1]
Editor's Note: The fee schedule is included at the end of this chapter.
If any service connection already installed does not meet the requirements of the Board of Water Commissioners whenever such water connections shall require repairs and/or whenever such water connections will be modified as part of a renovation or redevelopment project, they shall be so altered as to fully conform with these regulations, Ten States Standards and/or Part 5 of the Sanitary Code.
A. 
Water shall not be turned on or off except by an agent of the Water Department. There will be no charge for first turning on the water, but should the Water Department turn it off because of any delinquency on the part of the consumer, the water will not be turned on again until all charges and a fee as set forth by resolution of the Board of Water Commissioners has been paid by the delinquent.
B. 
When water is turned off at the request of a consumer, no charge will be made for turning off the services nor turning service back on.
C. 
The Board of Water Commissioners reserves the right to suspend or discontinue, when the public interest shall require it, the use of any service, including street mains, and also to shut off the water for repairs or alterations or in case of an alarm of fire or for other purposes and to keep it shut off as long as may be necessary. The Board of Water Commissioners shall not be responsible to consumers for any damage that may be caused by such shutting off of the water or in any other manner.
D. 
The Board of Water Commissioners shall not be liable for any damage which may result to consumers from insufficient supply of water nor from shutting off a water main or service for any purpose whatsoever, even when no notice is given, and no deduction from bills will be made in consequence thereof.
E. 
No person or persons are permitted to open any hydrant or draw water therefrom, except the Water Department, or those acting with its permission or under its direction. The Chief Engineer of the Fire Department, his assistant, officers and members of said Department are authorized to use the hydrants for the purpose of extinguishing fires or cleaning engines or hose or department materials or making trials of engines or hose of the department, but in all cases shall be under the direction and supervision of the Chief Engineer or assistants appointed by him, and in no case will an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant or fixture. Violation of this rule shall be punishable by a fine per the fee schedule.[1]
[1]
Editor's Note: The fee schedule is included at the end of this chapter.
F. 
The use of hydrants to provide temporary water supply on building and/or construction projects shall require prior approval from the Board of Water Commissioners and the Village of Wappingers Falls Fire Department. Any such temporary use will require metering and backflow prevention devices acceptable to the Board of Water Commissioners. Any such water usage shall be subject to user fees as deemed appropriate by the Board of Water Commissioners.
A. 
If a consumer desires or requires a private hydrant for fire purposes only, he shall make all connections from the main, including labor and material, pipe, valve and hydrant, at his own expense. Such work must be done by an approved contractor under the rules governing regular water services. A standard gate valve must be installed within one foot of the curbline in an approved masonry or metal box with metal cover which shall be kept clear and at grade level. There shall be no tap or branch in said branch to private hydrant (see standard details[1]). The hydrant must take the same hose coupling and the same wrenches as hydrants in use by the Village. The consumer must permit the Fire Chief or his designated assistants to use the hydrant for any fire purpose or test purpose whenever necessary. All openings of the hydrant shall be sealed at all times except when used by the Fire Chief or his designated assistants or when actually used for fire purposes by the consumer. Whenever the seal is broken by the consumer for any purpose other than for fire purpose, the consumer shall pay a fee as set by resolution of the Board of Water Commissioners for each and every time the seal is so broken.
[1]
Editor's Note: The standard construction details are included at the end of this chapter.
B. 
All new installations must be approved by the Board of Water Commissioners and their engineer.
C. 
No person except the Water Department or those acting with its permission or under its direction shall open or close any valve or gate on the street mains or any curb valves or molest or interfere with the same in any way whatsoever.
D. 
Easements shall be provided for such private hydrants to the Village of Wappingers Falls in format appropriate to the Village Attorney.
A. 
The rents for the use of water and all charges in connection herewith will be due and payable on the first day of the month shown on the bill due at the office of the Water Department. Fractional parts of the bill will be figured from the day the meter is installed, according to the reading to date for the billing period. The Board of Water Commissioners will have the authority to change the time period the bills will be due from quarterly to bimonthly or monthly.
B. 
Any individual dwelling unit, commercial establishment, or institutional facility supplied with water from the Village of Wappingers Falls public water supply shall be deemed a separate use for billing purposes. The minimum charge will be incurred for vacant lots, unoccupied structures, and burned-down structures if there is a water main in front of the subject parcel, and if there is a curb valve extended from the main to the property and is ready for use.
C. 
For commercial establishments, the minimum charge shall be billed to the initial or subsequently Planning-Board-approved number of units.
All bills remaining unpaid 30 days after due will be chargeable with an addition of 5%. In all cases of nonpayment of the water rent or of any charges for repairs, turning on water or for penalties, within that limit, the supply shall be cut off, and the water will not again be let on except upon the payment of all accrued charges and the sum as set by resolution of the Board of Trustees for cutting off and turning on the water.
A. 
All water rents or other lawful charges in connection with the water system shall be a lien upon the real estate where such water is supplied. The Board of Water Commissioners and the Village Board of Trustees shall have the power to prescribe penalties for the violation of any of its rules, which penalties, if not paid when imposed, shall constitute a lien upon the premises in like manner as unpaid water rents.
B. 
All water rents remaining due and unpaid at the time the annual tax roll of the Village is made out shall be included therein and levied against the real property on which the same shall have been used and shall be collected with and in the same manner as other Village taxes, with the additional fees, charges and penalties incident to the collection of such taxes.
If requested by the owner, in writing, the Board of Water Commissioners will send bills to and receive money from agents or tenants in the owner's name. It should be remembered, however, that water rents and charges being a lien upon the property where water is supplied, owners are thus responsible for any delinquency in the matter of payments by tenants or others.
A. 
All water passing through a meter will be charged for, whether used or wasted. Meters will be tested by the Water Department at the consumer's request. If the meter is found correct, the consumer shall bear the expense of the test.
B. 
If a meter gets out of order and fails to register correctly, the consumer will be charged the average daily consumption as shown by the meter when in working order.
A. 
Extensions of or changes in the street mains of the Village may be initiated by the Board of Water Commissioners or by petition from taxpayers or as part of newly constructed residential or commercial developments. Petitions for the extension of old or the construction of new mains shall be addressed to the Board of Water Commissioners. The Board of Water Commissioners will thereupon consider the petition and advise the petitioners of its decision. The Board of Water Commissioners shall prescribe the terms and conditions upon which the petition will be granted and may require the written acceptance of guaranty of such terms and conditions by the petitioners.
B. 
Extension of existing mains and/or installation of new water mains as part of a new residential subdivision or commercial site plan shall be subject to the review and approval of the Board of Water Commissioners and its engineering consultant. All such improvements shall require that the developer post an appropriate performance bond. All dedications of new mains to the Village of Wappingers Falls shall be subject to the review and approval of the Village Board of Trustees, Village Board of Water Commissioners, Village Fire Chief, Village Engineer, and Village Attorney.
A. 
Water used for building construction purposes will be charged to the owners of the property and shall require appropriate metering and backflow prevention.
B. 
The use of hydrants to provide temporary water supply on building and/or construction projects shall require prior approval from the Board of Water Commissioners and the Village of Wappingers Falls Fire Department. Any such temporary use will require metering and backflow prevention devices acceptable to the Board of Water Commissioners. Any such water usage shall be subject to user fees as deemed appropriate by the Board of Water Commissioners.
[1]
Editor’s Note: Former § 148-24, Right to modify rules, was repealed 1-13-2016 by L.L. No. 1-2016.
All fees, rates, charges, penalties or sums applicable to or required by this chapter shall be set from time to time by a duly passed resolution of the Board of Water Commissioners.