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LL #07-1983TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO 7 OF 1983 A Local Law Regulating Activities Related to Water Lines, Water Meters and Water Use Within the Town of Wappinger BE IT ENACTED by the Town Board of The Town of Wappinger as follows: Section 1. Definitions. As used in this article, the following terms shall have the meanings ascribed to them: Applicant shall mean any person, corporation, partnership or other entity requesting a permit under the provisions of this local law and those acting on behalf of the applicant in undertaking work provided by the permit. Owner or Consumer shall mean the owner of the premises supplied or furnished with water or the person or entity using such water if not the owner. entity. Person shall mean any natural person, partnership, corporation or other Service pipe or service main shall mean the pipe and attachments of every kind and nature appurtenant thereto connectiong the street main with the house or building piping. Superintendent of `Highways shall mean the superintendent of highways of the town. Water charge shall mean any obligation of an owner for remuneration as created by this local law or separate local law and setting for water rates including but not limited to connection fees, excavation, libility for repairs, relocation, damage or idemnification. Water department shall mean that department, agency, employee, or private contractor of the town which is authorized by the town board to operate, maintain and, in general terms, manage or supervise the water systems of the town, and shall include the town building inspector and the office of the comptroller. Water main or Street main shall mean the pipe and attachments of every kind and nature conveying water along the streets of the town or in any easement or right of way. Section 2 Application. This local law shall govern all water improvement districts and areas existing within the Town of Wappinger whether created pursuant to Town Law or other authority. Section 3. Application and contract for service. (a) Before water shall be turned on for the supply of any building or premises, application therefor shall be made in writing to the town, which application shall be signed by the owner and be upon a form supplied by the building department and filed with the building department. The application must'be approved by the building inspector before any connection is made with the street main or the service main. Inspection of the connection to the main shall be made by the Engineer to the Town or his representative. (b) The applicant shall be held responsible for all water rents and charges until due notice of change of ownership shall have been made by him in writing and delivered to t the town at lest ten (10) days before going into effect. Every owner taking water or permitting water to be taken for use on his premises agrees to this article and agrees to be bound by it and by such other rules and regulations as may thereafter be established for any town water improvement area or water district. Section 4. Excavations for water pipe in public ways; permit required. (a) No street, sidewalk or other public ground shall be opened for the purpose of laying any water pipe or service pipe or doing any work whatever about any water main or pipe or service pipe or fixture, or for the purpose of making any connection with any water pipe or doing any work in connection therewith, unless a permit therefor shall be obtained from the town superintendent of highways, unless the work is to be done under contract with the town board or by the town water department. (b) Before any permit required by subsection (a) shall be granted, the applicant shall file a bond in the office of the town clerk in the sum of not less than ten thousand dollars ($10,000.00 ), or in such greater amount as wpecified by the engineer to the town, properly conditioned to indemnify the town against any loss which the town may sustain by reason of the negligence of such applicant, his agents, employees or representatives, or his failure to comply with this article and compute in a proper manner the work undertaken by him. The bond shall be approved by the town board as to its form and the sufficiency of the surety, before filing. (c) in the opening of a street, sidewalk or other public ground for the introd- uction or repair of any water service pipe or connection under authority of a permit issueed pursuant to this section by the town superintendent of highways, the applicant shall be responsible for all damages resulting from such trench or opening, even though the work is performed by some other person, the permit for making the excavation or opening in the street, sidewalk or other public ground being to the applicant only, and any person opening the street, sidewalk or other public ground under the permit does so as the agent of the applicant and by no other authority. The applicant shall duly regard public safety and convenience and such excabations shall be adequately guarded and proper lights displayed by him at night to warn and protect the public. Section 5 Connections with mains. (a) No person shall tap any street main or make any connection therewith, except as authorized under the permit, unless the tapping is made as an adjunct to a contract with the town for the installation of the street mains on which said tap is being made. The building inspector shall approve the setting of all meters. No one shall turn on any water service nor shut off any water service except with the knowledge of and permission of the water department. (b) Service taps shall be made under the direction and supervision of the building inspector and/or the engineer to the town using materials, methods and specialized persons or firms such pipes and materials which have been installed. Section 6. Meters. (a) Every water service shall be supplied through a meter. Only one (1) meter shall be set in any service main. If more than one (1) meter is desired or required for a building or premises, a separate service main must be run to the street main for each and additional metes. When exceptional conditions warrant deviation from this rule, a special permit shall, however, be revocable at the discretion of the town board. (b) Seperate water service lines designed and installed exclusively for fire fighting purposes (i.e., sprinkler systems,etc. ) and from which there are no connections or tees or taps from which water may be drawn and used for purposes other than fire fighting and protection need not be metered. (c) All meters shall be probided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the building department. Meters shall be set at the expense of the property owner in such location, position and Manner as to be readily accessible for reading, repair or replacement, kept free from obstruction and fully protected from freezing and damage at the property owner's expense. Remote -reading heads shall be installed at locations on the outside surfaces of building, in accordance with town specifications. Cables or wires connecting remote -reading heads with the meters shall be protected from damage by the property owner. A penalty of fifty dollars($50.00) will be imposed when a meter is damaged by freezing or other negligence on the part of the owner or when a remote - reading cable or head is damaged by the property owner's negligence, which penalty shall be a lien against the property. Any damage to the lines, meter remote -reading heads or other equipment shall be presumptively the result of negligence of the owner unless rebutted by the owner. The final determination of responsibility shall be made by the building departmen�j All metevs, cables, remote -reading heads and all other equipment accessory to the meters shall be under the exclusive control of the water improvement areas or districts and subject to inspection at all times by the town's contract operators, the building inspector or other agents authorized by the town board. (d) All water passing through a meter will be charged for, whether used or wasted. Meters will be tested at the consumer's request; and if the meter is found to be accurate, the consumer shall bear the expense of the test. Any meter may be tested for accuracy at the discretion of the town. Should a meter of size greater than 3/4 inch be found to be inaccurate, the consumer shall, upon written notification, have the meter repaired within forty-five (45) days of the notice at his expense. Meters will be considered accurate if registering within two(2) per cent plus or minus. If a meter is out of order and fails to register correctly, the consumer will be charged the average daily consumption as shown by the meter when in accurate working condition. (e) No person shall interfere or tamper in any way with the meter or meter access- ories or the valves and fittings connected thereto. Any person violating this subection shall forfeit as a penalty for such violation the sum of fifty dollars (50.00) for each violation. (f) All Meters shall be seaU,d.The seal may be broken only by the authorized agent of the town board. Should the seal be broken in any other manner, the property owner will be held responsible and the town board reserves the right to order the meter removed for test or replacement at the expense of the property owner. (g) Access shall be given to the town,the water department, or contact employees of the town to the area of a building where the water meter is located or is to be located for purposes of inspection, repair, modification or replacement. It shall be the obligation of the owner to reimburse the water improvement area or acceptable to the engineer to the town and/or the building inspector. Costs for such taps are not included in the fixed fee schedule, but shall be separately borne in their entirety by the applicant for water service. (c) No person shall lay any service main or make any attachment thereto or any alterations or repairs to the service main or appurtenances thereto except a contractor or other person who has obtained a permit therefor as prescribed in this article or persons or firms working under contract with the town for such work. (d� There shall be no tap, provision for a tap, plugged tee or other such fitting in the service main between the street main and the meter. Any yard hydrant, fountain or hose must be connected on the building side of the meter. In cases where water would be used for fire prevention or for filling fire service t tanks only, a tee before the meter could be permitted. (e) All service pipe shall be of the best grade and weight, standard type K copper tubing for sizes through two (2) inches meeting AWWA specification 7S -CR. Service pipe over two (2) inches may be ductile iron meeting AWWA specification CI51-76. All pipe shall be rated for service of one hundred fifty (150) pounds per square inch or greater. No service shall be less than three-fourths (3/4) inch. (f) Service pipe shall be laid not less than four (4) feet below the surface of grade and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to health department standards and to the requirements of the town's standards. An alternate when rock or other conditions is encountered will be allowed when the town's insulation standards are complied with. (g) The entire expense, both in labor and material, of installing the service from the curb stop at the street line to the gate valve at the meter shall be borne by the owner of the premises.. Inthose districts where service pipe from the street main to the curb stop at the property line was not provided by intent, the curb stop at the property line was not provided by intent, the entire expense, both in labor and material, of installing the service from the main to the gate valve at the meter, both inclusive, shall be borne by the owner of the premises and the street surface and walks and other surface elements replaced as they were found at the property owner's expense. In those cases where the size of the service already installed from the street main to the curb stop is not suitable to the property owner for his intended use, the property owner may, upon application for and issuance of a permit, install a suitable service from the tap to his meter inclusive at his own expense. (h) Only one (1) property or property unit shall be supplied through a single service pipe. Should repairs to the service main or its appurtenances and fixtures become necessary to prevent waste of water or to maintain service, the repair and the cost of such repair will be made pursuant to the Town of Wappinger Ordinance ofr regulating water and sewer service pipes, adopted February 13, 1980 (i) Every service main shall have a cock or other approved valved tap in the main an inverted key stopcock or other approved valve with a metal protecting box at the curb or property line, anda gate valve or other approved valve just before the meter the installation of which shall be the expense of the owner. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground and accessible at all times. (j) No person, except town contract personnel or acting with permission of the Building Inspector under a duly authorized permit shall open or close any valve on the street mains or services or any cocks in any curb box, or tamper or interfere with same in any way whatever. (k) Personnel of the town contract operator, the building inspector or other persons authorized by the town board may at any time enter a building or upon premises where water is used from supply pipes connected to the street mains for purposes of examining district for any expenses incurred by it in installation, repair or replacement if the meter and water lines necessary for replacement of meters are not reasonably kept in an accessible location. Each meter or meter water line shall be directly accessible without the necessity of removal of any permanent wall, floor covering or other covering preventing direct access and installation, removal or repair, or inspection. Section 7. Payment of rentals generally. The rents for the use of water and all charges in connection therwith shall be due and payable quarterly on schedules established by the town board at the office of the town comptroller. Fractional parts of a quarter will be computed from the day the meter is installed to the day of the quarterly reading. No abatement of the minimum charge for water rent shall be made unless water is disconnected at the curb box. Section 8. Rates, Charges and Billing. (a) The rent per quarter, which includes rental of a water meter if any, shall be determined by separate local law for each district. (b) The fee for permission to open streets, lanes, walkways and other public grounds for the purpose of installing mains, services and other appurtenances shall be subject to permission and fee as set by the town board. (c) All unpaid water rents, charges and penalties which are in arrears for thirty (30) days or longer shall be subject to a penalty of ten (10) per cent of the amount due. (d) If all water rents, charges and penalties are not paid within sixty (60) days after the due date, the town comptroller shall mail to the owner or, if previously directed to send bills and notice to an agent or tenants, then to such agent or tenant, a notice of the arrearage containing the total amount then due with notice and stating that unless paid within five (5) days after date of mailing the notice seevice will be discontinued, and service shall not be restored until all charges and penalties shall have been paid and the further sum of twenty dollars ($20.00 ) shall have been paid for the restoration of service. (e) All water rents an d other lawful charges in connection with the water system as prescribed by this local law, including but not limited to fees for opening and connection, charges for repair and relocation and obligations of indemnification shall be a lien upon the real estate where such water is suppl ied. All penalties for the violation of any rules and regulations adopted, if not paid when imposed, shall constitute a lien upon the real property and premises in like manner as unpaid water rents. (f) All water rents, penalties and other lawful charges remaining due and unpaid at the time for annual tax roll of the water improvement area is made up shall be included therin and levied against the real property on which the water shall have beenused, and shall be collected with and in the same manner as other town taxes with the additional fees, charges an d penalties incident to the collection of such taxes. (g) If requested by the owner in writing, the town board will send bills and notices to agents or tenants in the owner's name,but water rents, charges and penalties are a lien upon the property where the water is supplied and owners shall remain responsible for the payment thereof. Section 9. Fees for turning water on andoff. Water shall not be turned on ;or off except by the town's authorized agent. There will be no charge for the first turning on of the water, but should the town board or its agent turn it off because of any delinquency on the part of the consumer or for other valid cause, the water will not be turned on again until all the charges and a fee of twenty dollars ($20.00 ) has been paid by the owner. When water is turned off at the request of an owner, not charge will be madefo-- turning on the supply again. While so shut off by the water department at the curb box, the minimum charge for water will be made. Section 10. Interruption of service. (a) The town board reserves the right to suspend or discontinue, when the public interest shall require it, the use of any water service, including street mains, and also to shut off the water for repairs or alterations of the street mains or service mains or for other purposes and to keep it shut off as long as may be necessary. (b) Neither the town nor any of its officers or agents, or the town water improvement areas or districts shall be held responsible or be responsible to consumers for any damages which may result from or be caused by shutting off or turning on the water, even when no notice is given, and no deduction from water bills shall be in consequence thereof. No claim shall be made against the town, the improvement areas or districts or any damages arising from the bursting or breaking of any street main or service pipe, or any fixture or attachment thereto wherever situated, or from the failure or diminution of the water supply, whatever the cause thereof. Section 11. Cross -connections with nonpotable water supplies. If an owner has any source of water other than from the town public water system, such source will be considered nonpotable. Before making any service connection between the town public water supply and a consumer's premises, it shall be required that all connections between individual wells or other outside sources of supply physically be disconnected from the consumer's plumbing fixtures which are connected to the town potable water supply. Section 12. Fire hydrants. No person shall be permitted to open any fireplug or hydrant or draw water therefrom, except the town or those acting with its permission or under its direction. The chief engineers of the various fire districts, their assistants, officers and members of the departments, are authorized to use the hydrants and fireplugs for the purpose of extinguishing fires and, in all such cases, shall be under the direction and supervision of the chief engineers or assistants appointed to them and, in no case, shall an inexperienced or incompentent person be permitted to manipulate or control in any way any hydrant, fireplug or fixture. Section 13. Obstruction of Fixtures. No person shall obstruct access to any fire hydrant, stopcock or curb box connected with the water mains or service mains or pipes in any street by placing thereon any building materials, rubbish or other hindrances. Section 14. Water used for construction purposes. Water used for building purposes shall be charged to the owner of the property. The amount consumed shall be metered or estimated by the water department or at its option its duly authorized representative. Section 15. Service outside improvement areas or districts. No water main shall be tapped, nor any service main extended, outside the boundaries of any water improvement area or district, except on special application therefor, filed with the town board and a special permit therefor granted and issued by the town board. The town board shall impose such conditions upon the granting of the permit as shall be deemed fitting and proper by it, and shall impose and collect such water rents and charges for such water service as it deems best. Section 16. Amendments to this article; special agreements. The town board reserves the right to change, modify, supplement or amend this article and the rates and charges for the use of water from time to time. The right is also reserved to make such additional rules and regulations, which to the town board seems best, to regulate the water supply and the proper and efficient administ5ation of the town water improvement areas and districts and to make rates or contracts for the use of water in special cases. Section 17. Penalties for violations; additional remedies. Pursuant to section 135 of the Town Law, a violation of this article is declared to be a misdemeanor, punishable by a fine for each violation not exceeding fifty dollars (50) or imprisonment for a period not to exceed six (6) months, or both; and each day such violation continues shall constitute a separate violation. The proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of this article and to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about the water improvement areas or districts, the expense of which shall be a water charge. In addition to the foregoing, any person who has made an unauthorized tap or connection to any water line of any district or area shall be liable for the use of such water at a rate four times the minimum rate for such district and shall be further liabile for all expenses, including labor, engineering, legal and otherwise associated with the misuse of said water district or area, which shall constitute a water charge. Section 18. Validity of this local law. If any part or parts of this local law are determined by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect the validity of those portions not so determined to be invalid. Section 19. Effective date. This local law shall become effective upon filing with the Secretary of State.