LOCAL LAW #1 OF 2009 “WATER LAW”
It is the purpose of the Water
Department of the
A. Furnish an adequate supply of pure and wholesome water to the residences
and business establishments in the
B. Supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in said Village from damage or destruction from fire.
C. To properly maintain, improve and extend the water supply system:
1. Primarily for the benefit of the water users and taxpayers within the Village.
2. Secondarily for the benefit of the property owners outside of the Village who may in the future be served by the water system.
This chapter shall be a local law
applicable to all property and water users within the
term “Village” shall mean the
B. The term “consumer”, “customer”, or “applicant” shall mean the individual, firm, association, corporation, landlord, or owner whose name the Water Department has on its books as the party who applied for the water service, or any individual firm, association, corporation, landlord, or owner who uses the water service.
C. The term “family” shall be one (1) or more persons occupying a single premises or unit.
D. The term “main” shall mean the supply pipe laid in the streets and rights-of-way from which service connections are made for the supply of water to consumers.
E. “Lateral pipe” shall mean the line from the main to the curb-stop.
F. The term “service pipe” shall mean the pipe leading from the curb-stop to the meter or to the internal piping system on the premises of the consumer.
G. The term “premises” and/or “unit” as used herein shall be defined as follows:
1. A building under one (1) roof owned or leased by one (1) customer and occupied as one (1) residence or by one (1) place of business.
2. A combination of buildings owned or leased by one (1) customer, in one (1) common enclosure, occupied by one (1) family or one (1) corporation or firm as a residence or place of business.
3. Each separate unit of a multiple house or building occupied by one (1) family or one (1) firm as a residence or place of business.
H. Annual Capital Charge – The term annual capital charge shall be the annual charge levied annually against each unit. It shall be calculated annually be dividing one half the annual budget by the actual number of units in the system each year.
I. The term “cross connection” means a physical connection through which a water supply could be contaminated.
IV. Water Units
The purpose of assigning number of units is to establish the basis for the annual capital charge. The unit system shall be as follows:
A. Each single family dwelling shall be charged at the rate of one (1) unit.
B. Each two family house, apartment house or multiple dwelling shall be charged at the rate of one (1) unit for each apartment or dwelling unit.
C. Each business activity in a residence with separate plumbing facilities for the business shall be charged at the rate of an additional one (1) unit.
D. Commercial establishments, including but not limited to, retail stores, gas stations or garages, wholesale distributors, light manufacturers, barber and beauty shops, banks, post offices, funeral homes, professional and business offices, lunch bars, restaurants, day care centers, adult care centers, or other types of business enterprises not heretofore or hereinafter described, shall be charged at the rate of one (1) unit per commercial space whether occupied or not.
E. Laundromats containing washers for public use shall be charged on the basis of one (1) unit for every four washers or fraction thereof.
F. Car washes shall be charged on the basis of one (1) unit per stall.
G. Churches, lodges and religious or charitable organizations shall be charged at the rate of (1) unit.
H. Public schools, hotels, motels and similar properties shall be charged on the basis of one (1) unit per every two (2) bathrooms or fraction thereof.
I. Industrial plants shall be charged on the basis of one (1) unit per every two (2) bathrooms or fraction thereof.
J. Nursing homes shall be charged at the rate of one (1) unit per five (5) patients.
K. In the event the use of any parcel or real property combines two (2) or more of the classifications herein set forth (except public schools), the number of units in each classification shall be determined, and the total thereof shall constitute the number of units in each classification shall be determined, and the total thereof shall constitute the number of units to be charged to the entire parcel.
L. Any vacant lot shall be assigned one (1) unit.
mobile home will be responsible for paying a quarterly water bill, based on the
rate schedule established by the
1. The initial assignment of unit values for the mobile home parks will be based on a number of units agreed upon by each park owner and the Village Board.
2. No later than February 1 of each following year, the owner of each mobile home park shall report in writing to the Village Board the number of mobile homes presently hooked up for the purpose of receiving Village water. This shall be done every year whether the number remains the same or changes. That number of mobile homes will be the new number of units assigned as of February 1st.
the Village uses the Town’s assessment data for levying Village taxes, the
Village Board shall then transmit this number of units to the Town of
4. This is done with the understanding that the Village and Town fiscal years are not the same. Any change in unit assignments, whether an increase or decrease, will be applied to the Village tax bill for the Village fiscal year which is one year after the year in which the change is made.
V. Application For Service
A. All applications for the use of water must be made in writing on the forms provided, to the Board of Trustees of the Village.
B. Applications will be accepted subject to there being an existing water main and lateral pipe in a street or right-of-way abutting on the premises to be served but acceptance shall in no way obligate the Village to extend water mains or later pipes within or beyond the Village limits to serve new or additional premises.
VI. Installation of Service Pipe
Customers shall furnish and install, at their expense, the service pipe from the curb stop to the house being served. All service pipes shall be buried with at least four and one-half (4-1/2”) feet of cover. The single family home service pipe shall be a three fourths (3/4”) inch diameter or larger and shall be of US Government Type-K soft tempered Copper or 200 psi rated Polyethylene meeting AWWA C-901. The Village reserves the right, in all other cases, to stipulate the size and type of service connections to be used.
VII. Maintenance of Service Pipe
All service pipes are owned and shall be maintained, repaired or replaced by the property owner. Services pipes are the (3/4”) inch or larger pipes beginning at but not including the curb stop located on the property line/highway boundary and running into the home being served. The Village shall have the right to test service pipes for leakage at any time. Should investigation disclose a leak in the service pipe, the owner will be notified in writing. Such notice will inform the owner that if the repairs are not made within ten (10) days of receipt, the Village will shut off the water service.
If the leak is between an existing usable curb stop and the home, the curb stop will be closed to control the leakage. If the leak is between the corporation stop at the water main and the curb stop then the Village will make the necessary pavement cuts, excavation and/or repairs.
Any cost incurred by the Village investigating leaks that are determined to be on the customer’s service pipe will be charged to the customer. Any cost incurred by the Village investigating leaks that are determined to be on the lateral pipe shall be paid by the Village.
VIII. Extension of New Water Mains or Lateral Pipes
A. An owner or developer of undeveloped property within the Village may, at their cost and expense, construct new water mains to serve proposed new homes or commercial property which are located adjacent to existing water mains. The new water mains shall be designed by a professional engineer licensed by the State of New York in accordance with the Recommended Standards for Water Works as adopted by the Great Lakes-Upper Mississippi River Board of State Health and Environmental Engineers, Part 5, Subpart 5-1 of the New York State Public Health Law and standards of construction as may be adopted from time to time by the Village.
The Village shall in no way be obligated to extend water mains within or beyond Village limits to serve new or additional premises.
B. The owner or developer of undeveloped property within the Village, which is adjacent to an existing water main but not provided with a lateral pipe, may petition the Village to construct said lateral pipe. The Village shall make all pavement cuts, excavation, tapping operations and provide all pipe and fittings to be installed within the highway or other right of way. The owner or developer requesting the lateral pipe shall pay the Village a sum, to be determined from time to time, to reasonably represent the actual cost of constructing said lateral pipe.
C. Upon construction, satisfactory to the Village, of any new water main or lateral pipe, within a highway or other right-of-way, the owner or developer shall dedicate (i.e. turn over ownership) those facilities to the Village. The Village shall thereafter be responsible for maintenance, repair or replacement of those facilities.
IX. Limitations on Service Lines
B. Each property owner served by the water system shall have a separate and individual tap into the main, unless otherwise approved by the Village Board.
C. No pipes or fixtures connected with the mains of the Village shall also be connected with pipes or fixtures supplied with water from any other sources. NO CROSS CONNECTIONS!
IX. Removal or Replacement
A. In case of removal or replacement of the service pipe, the old service must be removed or abandoned and the old corporation cock turned off at the main before the new corporation cock will be turned on. Where a building is demolished, water service is to be shut off at the main by the contractor, owner, architect or engineer handling the project.
X. Pressure and Curb Boxes
A. Service pipes of all sizes, together with all plumbing fixtures, shall be able to stand a pressure of 150 pounds per square inch. Each installation shall be equipped with a curb-stop and curb-box located at an approved location.
B. The Water Department is authorized as a condition of service, to operate the curb cock as required. The iron cover of the curb-box must be kept level with the surface of the ground and always in sight.
XI. Installation and Repair of Service
A. A 5/8” water meter will be furnished, installed and maintained by the Water Department. Meters larger than 5/8” will also be provided by the Village, however, the difference in cost between the 5/8” meter and a larger size will be billed by the Village to the customer. The sizes of the meter required for any service shall be determined from the information supplied by the customer or his agent, architect or engineer. All meters shall be set as nearly as possible at the place of entrance of the service pipe to the building. Special care should be given to locating the meter to prevent freezing. There will be a charge for repairing meters damaged by freezing or hot water, payable at the time of regular billings. The charge will be the cost of labor and materials.
B. The Water Department shall have the right to test, change, inspect, replace, repair or remove any meter at any time within reasonable hours.
XII. Access to Premises
A. The Water Department, through its properly authorized agents, shall have free access to the premises supplied, for the purpose of ascertaining the quantity of water used, the manner of its use, and also that the meter or other apparatus or appliance belonging to the Water Department are properly protected and in good condition. If such access is refused, the Water Department may immediately discontinue the service without further notice.
B. It shall be the duty of all customers to see that meters on service connections wherever located, shall be readily accessible at all reasonable times to the agents or inspectors of the Water Department. Failure to remove any obstruction which prevents access to the meter within three days after being notified by the Water Department will be just cause to have the water shut off from the premises and it shall not be turned on again until all obstructions are removed and all regulations complied with. Customers outside the Village limits must have Board approval for reinstatement of water service.
XIII. Testing Meters Upon Request
XIV. Notice to Customers
A. Whenever any notice is required to be given by the Village of Bridgewater and/or the Water Department under these regulations, the same shall be signed by the proper official or employee of the Water Department, an shall be served by enclosing a copy thereof in an envelope, with postage prepaid, addressed to the person, firm, association or corporation to be notified as the same appears on the records of the Water Department, and notice so given shall be conclusively deemed to have been served at the time of mailing. Notice may also be served by delivering a copy to the customer personally.
XVI. Interruption of Service
1. Occassioned by accident to any portion of the works.
2. For the purpose of making additions or repairs.
3. Due to causes that are beyond the control of the Water Department (excessive draft, excessive use, or water by other customers).
4. Lack of water supply
XVII. Discontinue of Service
The customer’s service may be discontinued for any of the following reasons:
A. The use of water for any other property than that described in the application.
B. Failure to maintain in good order connections or service lines owned by the customer, after due notice has been given by the Water Department.
C. Vacancy of premises.
D. Refusal of customer after notice in writing to maintain and relocate his meter to an approved location.
E. Use of water through connections no the street side of the meter.
F. Molesting any service pipe, seal, meter or any other connection or appliance used in providing water service.
G. Nonpayment of bills for water or services rendered by the Village water supply as heretofore set forth.
H. Cross-connecting pipes carrying water supplied by the Village with any other source of water supply.
I. Not allowing reasonable access to the customer’s premises for the purpose of inspecting fixtures and piping, repairing, testing or removing meters.
J. Reselling water.
K. Reinstatement of water services can be accomplished only by paying in full with good and certified funds, all charges, penalties and fees due at the time of reconnect.
XVIII. Rates and Charges
A. Metered Water:
The Village Board reserves the right to levy such charges for metered water as it deems necessary. These levies will be separate from this law and controlled by resolution of the Village Board after a proper public hearing. All meters will be read on a quarterly basis and the readings filed with the Village Clerk.
1. The quantity of water registered by the meter on the customer premises, whether used or wasted, shall be accepted by the customer as the amount to be paid for. Bills shall be rendered on the basis of the reading of meters.
2. If a meter has ceased to register or is obviously registering inaccurately as determined by the Water Department, the customer shall be billed based on the average volume of water used during a corresponding semi-annual period for the past two (2) years.
3. Water use charges are payable on the meter reading or estimate of water consumed when the bill is presented.
4. Minimum water charges apply whether or not the meter remains on the premises during suspension of water services.
5. Those residents having access to village water but not using it shall pay the annual water improvement charge only.
B. Annual Capital Charge:
The Village Board reserves the right to establish and levy annual charges to be assessed by units as defined by Section IV of this local law. This levy will appear on each and every Village tax statement.
A. If water bills are not paid on or before thirty (30) days from the date of billing, a penalty fee of 10% will be added. Notice will be then given and fifteen (15) days allowed for payment in full or service will be disconnected. Reinstatement of water service can be accomplished ONLY by paying in full all charges, penalties, and fees due at the time to reconnect. Uncollected water charges due from inside the Village will be relevied to the Village property tax.
B. Water bills may be paid by mail and must be postmarked on or before last date acceptable to avoid penalty.
C. The Board of Trustees of the Village shall determine the number of units to be charged to each parcel of real property, pursuant to Section IV of this law. The Village Clerk shall keep a record of all owners of real property within the Village and this record shall indicate the classification or classifications of each parcel of real property and the number of units charged to such property.
D. Bills shall be mailed to the owners of such property at the address to which Village tax bills are mailed. Failure of any owner or designated agent to receive a bill promptly shall not excuse nonpayment of same as herein provided and in the event an owner fails to receive a bill promptly, he shall obtain a bill at the office of the Village Clerk.
XX. Transfer of Ownership or Change to Tenants:
Upon transfer of ownership or occupancy, the present owner or occupant must make written request for a final meter reading and satisfy any unpaid balance before the responsibility will be conveyed to the new owner. Failure to do so will result in any unpaid balance transferring to the new owner.
XXI. Discontinuance and Renewal of Service:
Upon the written order of the customer, providing this request meets all applicable health and safety laws and regulations, water will be turned off from any premises without in any way affecting the existing agreement for service. Unit charges will continue to be assessed.
Village may provide water to Town of
B. Any provision of water to such a Water District will depend on availability of sufficient water quantity to provide for Village water usage as determined on the reasonable discretion of the Village Engineer.
C. This will also be subject to the requirements of the Susquehanna River Basin Commission.
XXIII. Cross Connection Elimination and Abandonment of Existing Water Sources
Upon connection of a water customer to the Municipal Water System all connections to preexisting private water sources shall be eliminated to prevent the intermingling and potential contamination by the private water sources of the Municipal Water. The customer may maintain and continue to use such private water sources for irrigation, car washing or other outdoor non-potable water uses. In the event the home owner elects not to maintain and continue to use any private water source, it shall be abandoned in accordance with NYSDEC regulations to prevent groundwater contamination or other physical hazard.
XXIV. General Rules – Emergencies
A. Except as specifically authorized by the Bridgewater Village Board or the Fire Chief, fire hydrants will not be used for any other purpose than for fire protection.
B. No person, with the exception of the Mayor, and Water or Fire Chief may declare a water emergency.
C. For the purposes of this item, a water emergency shall be deemed to have occurred when:
1. A mechanical failure exists in the pumping system
2. There is an insufficient supply of water in the water tower
3. If, for a valid reason, either the Mayor or Fire Chief determines that circumstances exist, with respect to said water supply, which jeopardize either the quality or the amount of the supply of water to the Village or which threaten both the safety and well-being of the residents of the Village.
D. Upon the declaration of a water emergency as above, customers must follow the directives issued by the person declaring said water emergency. The customers will be limited to using only that amount of water allowed to be used pursuant to the directives issued by the person declaring said water emergency. Any excessive or improper water usage will be considered a violation of this chapter, and grounds for immediate discontinuance of service.
XXV. Conflicts and Separability
A. CONFLICTS: All local laws or parts of local laws in conflict herewith are hereby repealed.
B. SEPARABILITY: The invalidity of any section, clause, sentence or provision of this local law shall not effect the validity of any other part of this local law which can be given effect without such invalid part or parts.
XXVI. Local Law In Force
This local law shall be in full force and effect from and after its passage, approval, recording and publication as provided by state and local law.