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HomeMy WebLinkAboutSection 02 SECTION 2 ORDINANCE RELATING TO NEWFIELD WATER DISTRICT Be it enacted by the Town Board of the Town of Newfield that the following Ordinance shall govern the operation of Newfield Water District, the establishment of water rates and charges, the issuance and revocation of permits to take water from the mains, the use of water pipes, hydrants, connections and appurtenances and penalties for violations. ARTICLE I. Definitions Section 1 . As used in this Ordinance, unless the context shall otherwise require, the following terms shall mean: (a) "Town" means the Town of Newfield, "Board" means the Town Board of the Town of Newfield, "District" means Newfield Water District, "Clerk" means the Clerk of the Town of Newfield. (b) "Person" shall include individuals, public and private corporations, partnerships, political subdivisions, their agents, servants or employees. (c) "Owner" means the owner or owners of property within the District, the tenants or occupants of such property, and the agents, servants and employees of an Owner. (d) "Superintendent" means the person appointed by the Board to have general supervision of Newfield Water District, and his duly authorized assistants or deputies. (e) "Service pipe" means the pipe through which water flows from a water main to a consumer's water system and terminat- ing at the consumer s water meter. ARTICLE II. General Regulations Section 1. The management of the District water system shall be under the direction of the Board. Section 2. The Board may appoint a Superintendent who, on behalf of the Board, shall have general supervision of the operation of the water system and shall perform such func- tions as required by law and as directed by the Board. The Superintendent shall serve at the pleasure of the Board and shall be paid such compensation as the Board shall, from time to time, fix. 1 Section 3. The 3oard may appoint such other persons as necessary to act as deputy superintendents or employees of the District and fix the terms and conditions of appointment or employment. Section 4. The Board shall have power to contract for the performance of work or services on behalf of the District in accordance with the requirements of law. Section 5. The Board may adopt Rules and Regulations to supplement this Ordinance, and amend same from time to time. -2- ARTICLE III. Finances Section 1. Claims and charges against the District shall be audited and allowed in the same manner as Town charges. Section 2. All moneys of the District shall be deposited y e epos ted in the official depository of the Town to the credit of Newfield Water District. All claims and charges against the District shall be paid from said account. Ii -3- ARTICLE IV. Water Service • Section 1 . No person shall use District water without a permit from the District Permits shall not be transferrable. Section 2. The District shall provide forms of Application for Permit. Such forms shall contain space for the applicant to state the address of the property to be served, the record title holder i water i desired, the mailing such property, the uses for which Ovate s de d, g address to which bills or notices shall be directed and such other information as the Board deems material. The Application shall be signed by the record owner of the property or his duly authorized agent. Section 3. No person shall make nor permit to exist any connec- tion with water mains of the District, nor make any repairs, addi- tions or alterations to the service pipes without prior written notice to and approval of the District. No pipes shall be covered until the repairs. additions or alterations have been tested in accordance with Rules and Regulations and approved by the District. Section 4. The District will lay and maintain service pipe from the main to the curb cock at or substantially at the street line. Each owner shall install and maintain service pipe from the curb cock to the meter as hereafter stated. Section 5. Service pipe from the curb cock to the premises to be served shall be laid at least 5 feet below the surface of the ground at all points except that where basement floor is less than five feet below ground level where the pipe goes through foundation wall, the service pipe may pass through the foundation wall not less than four feet below the surface of the ground. Where hard rock is encountered at the depri.: stated the District may permit laying the service pipe at a higher elevation provided means approved by the District are taken by the owner to prevent freezing of water in the pipe. The granting of such a variance shall not relieve the owner from maintaining such pipe in perfect condition at all times. -4- III Section 6. Service pipe shall be at least 3/4 inch diameter, type K, pure, seamless, soft-tempered copper tubing with bronze fittings. The maximum number of tubing joints and the minimum length of individual pieces of tubing shall be prescribed by regulations. No branch line shall be attached to or installed in the service pipe without the written permission of the District which shall not be granted unless each such branch line is equipped at the owner's expense with a curb cock, or acceptable equivalent, and otherwise complies with the requirements of the Board. Service pipe between the curb cock and meter which is larger than 2 inches in diameter may be made of such material, other than copper, as approved by the District. Sect i on 7 No s ervice pipe or system connected to the District mains shall also be connected with any other source of water unless specifically approved by Department of Health of State of New York and by the District. Section 8. In event a change in ground elevation leaves a service pipe insufficiently buried, the owner of the affected property shall promptly lower his service pipe to the minimum depth specified- Section 9. The owner shall equip boilers, tanks and all other applicances or equipment supplied with water with safety valves or othr suitable devices to prevent damage to persons and property from failure of adequate water supply, fluctuations in water pressure, or emergency shut-off of water. The District shall not be liable for any damage or loss to persons or property arising from or caused by changes in water pressure, diminution or failure supply,of water su 1 , break-down or emergency conditions. -5- Section 10. Any leak, defect or damage to a water main or service pipe shall be promptly reported to the District by the owner of the property upon or adjacent to which such leak, defect or damage occurs. Section 11. Water shall be drawn from the District mains solely for use on the property of the owner through whose service line the water is drawn except in case of fire or other emergency. • -6- ARTICLE V. Fire Hydrants Section 1. No person other than district employees in performance of duties, shall open, draw water from, or interfere with any fire hydrant in the District without prior written permission of the District except on order of the officer in charge of Newfield Fire Department in case of fire. Section 2. Whenever a hydrant has been opened, notification thereof shall be promptly given to the District by the person who directed such opening stating the purpose of such opening, the estimated volume of water drawn, the period of time of such drawing and such other information as the Board may require. Section 3. No tools shall be used to open hydrants other than as furnished by the District. -7- ARTICLE VI. Discontinuance of Service Section 1. Written application shall be made at least 10 days before the inception of the next billing period for discontinu- ance of water service, otherwise the owner shall be liable for at least the minimum charge for said period. Section 2. If property serviced by District mains is to become unoccupied for a period in excess of 30 days, the District on written application will close the curb cock. If such notice is not given, the value of any water lost because of broken pipes or malfunctioning equipment of the owner, together with the cost of repair of mains and supply lines, shall be paid prior to restoration of service, or within 30 days of billing if service is not restored. Section 3. The District may discontinue water service to any property the owner of which has failed to comply with the pro- visions of this Ordinance or of the Rules and Regulations adopted hereunder; and service shall not be resumed until the owner does comply and pays the fees and charges, if any, arising from such failure to comply. Section 4. No person shall open, close or interfere with any curb cock without the prior knowledge and approval of the District. -8- ARTICLE VII. District Rights and Liabilities Section 1. The authorized agents of the District shall have full power to enter premises of any consumer at all reasonable hours to examine the fixture, plumbing and manner of using water. Section 2. The District reserves the right to limit the amount of water furnished any consumer should circumstances warrant such action, or may entirely shut off water supply for any manufacturing purposes or for furnishing power, or for lawn sprinkling, car washing, outside use or as otherwise adopted by regulation of the Board, at any time, by giving reasonable notice of such intended action. When constructing new work, or in making repairs, or in emergency, the right is reserved to shut off water from any consumer without notice for as long a period as necessary. Section 3. The District shall not be liable for any damage or loss which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever. Section 4. The right is reserved to amend this Ordinance and make contracts in all proper cases. -9- • ARTICLE VIII. Water Rents and Charges Section 1. The water rates and schedule of charges for services shall be in such amounts as the Board may establish from time to time by resolution. Such schedule of rates and charges shall be posed in office of the Clerk and shall be effective �. 30 days after adoption. Section 2. Water rents shall be so fixed, and amended from time to time, that the income therefrom shall pay the cost of operation, maintenance and repair of the system, a reserve for obsolescence, and other reasonable costs of the District. The water rates shall reflect the water consumption of the various types of users in the District. Section 3. Service charges shall be fixed in amounts reasonably approximating the cost to the District in rendering the services. The Board shall adopt a schedule of services and charges therefor, and may amend same from time to time. No service charge shall be imposed for the initial installation of one supply pipe from the main to curb cock nor the initial opening of the curb cock, Section 4. Water bills may be rendered quarterly or semi- annually as determined by the Board. For billing purposes the District may be composed of more than one area each with its separate billing periods. Section 5. Bills shall be due and payable within 30 days after issuance. For nonpayment within the prescribed time a penalty of 5% will be imposed and after 60 days of default the water supply may be shut off without notice. Unpaid water rents and service charges shall be a lien upon the premises served to be collected as provided by law. -10- ARTICLE IX. Water Meters Section 1. T h e water taken from om District mains shall be measured by water meter excepting only water drawn from hydrants for fire fighting purposes and water drawn by District employees for maintenance and repair purposes. Section 2. The of owner each metered o eac mete ed property shall P rovide the pipes and facilities to which the meter is to be attached. Shut-off valves shall be installed on the pipes on the in-put and on the out-put sides of the meter. The Board by regulation may require protection of the meter from the elements and from accidental damage, regulate the type, size, condition and loca- tion of pipes and hangers, and provide for remote reading of meters. Section 3. The District will supply one meter for each service pipe serving a metered property and will install same on notice that the necessary plumbing and fittings have been installed by the owner. Section 4. If a meter fails to register the consumer will be charged at the average rate of consumption theretofore shown by meter. Notice of such failure to register shall be given by the consumer on discovery thereof. Section 5. The District will test meters for accuracy on reasonable request. No service charge shall be made for such service if the meter is inaccurate by over 3%. Reasonable charges for requests to test meters found to be accurate to within 3% may be imposed by rules. -11- Section 6. The District may remove, test and replace meters at reasonable intervals. Section 7. No person shall connect, disconnect, by-pass, tamper with or break the seal on any water meter through which passes water supplied by the District. -12- Y' 1tt7%. 1 a,' ARTICLE X. Penalties for Violation Section 1. When any violation continues for more than one day each twenty-four hour period shall constitute a separate and additional violation. Section 2. A violation of this Ordinance shall be deemed an offense as described in Town Law Section 135, paragraph 2, punishable by fine not exceeding $50.00 for each violation or imprisonment not exceeding ten days, or both. Except that a violation of Article V, Sections 1 and 3 and Article VI, Section 4 hereof shall constitute a misdemeanor punishable as provided in Town Law Section 135, paragraph 1, or by fine not exceeding $250.00. -13- ARTICLE XI. Validity and Effective Date Section 1. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity Y of any other part or provision which can be given effect without such invalidated part or parts. Section 2. This Ordinance shall be effective 10 days after publication and posting as required by Section 133 of Town Law. -14- ORDINANCE AMENDING ORDINANCE RELATING TO NEWFIELD . WATER DISTRICT. Be it enacted by the Town Board of the Town of Newfield that the following Ordinance shall amend the Ordinance Relating to Newfield I Water District heretofore adopted by the Town of Newfield, New York. SE Troa (1) Article VI, Section 6 Shall henceforth read: • Service pipe shall be at least 3/4 inch in diameter,type K, pure, seamless,soft-tempered copper tubing with bronze fittings or a plastic pipe with magnetic tape of a type as shall be approved by the district. The maximum number of tubing joints and the minimum length of individual pieces of tubing shall be prescribed by regulations . No branch line shall be attached to or installed in the service pipe without the written permission of the District which shall not be §ranted unless each such branch line is equipped at the owner's expense with a curb cock, or acceptable equivalent, and otherwise complies with the requirements of the Board. Service pipe between the curb cock and meter which is larger than 2 inches in diameter may be made of such material, other than copper, as approved by the District, SCCT)onl (2) There shall be added to Article VI a Section 12. which shall read as follows: "Section 12. The District shall pay a maximum cost of two hundred and fifty dollars for any road crossing as may be required for providing service to any user`. The user shall pay all costs incurred by the District jin connection with any road crossing required to provide the user with service in excess of two hundred and fifty dollars. Payment shall be made rpior to final installation of service. SE TIorJ (3) This Ordinance shall be effective 10 days after publication IP as y reyvive4 Secttov, 13's or +1�Towv%Lwl4 /4 s' Atterk(r. �/� ?.1 U' �.__d 'i.o i.h— IIIMttLI 4*4 .,T,. 1 • . •