Water District Rules & Regulations
TOWN OF CLARENDON WATER DISTRICT
RULES AND REGULATIONS
(Revised 4/14/1998; 01/11/2000; 06/11/2002; 05/13/2003; 6/10/2003; 6/8/2004; 7/18/06; 10/17/06; 12/16/08;8/18/09; 09/15/09; 09/28/09; 11/17/09; 01/19/2010)
Section 1: Purpose
It is the purpose of these rules and regulations to provide for a fair charge to the water customers of the Town of Clarendon water districts. Charges imposed by the Town shall be based upon the cost of water from the Village of Holley or other sources, as well as on the cost of equipment and services rendered to the water districts.
Section 2: Enactment; Applicability
The Town Board of the Town of Clarendon in the County of Orleans does hereby enact these rules and regulations which shall supersede any previous rules and regulations affecting the water districts. These rules and regulations also apply to any out-of-district user to whom water is supplied by the Town.
Section 3: Rights of Town; Liability
A. The Town reserves the right, at any time, without notice, to shut off the water in mains for the purpose of making repairs or for other purposes. The Town shall not be liable for any loss, cost or expense arising out of an interruption or failure in the supply of water or from an increase or deficiency in water pressure or from the bursting or breaking of any main or service pipe or any attachment to the Town’s property or for any damages caused thereby.
B. The Town makes no representations or warranties with respect to the quality of its water, and there is no guarantee that the water will be free at all times from rust or other nontoxic impurities. Any property owner or occupant, whether residential, commercial or industrial, who requires water of high purity is responsible for the expense and installation of any necessary filters or treatment equipment.
Section 4: Emergencies
The Town reserves the right to restrict, curtail, or prohibit the use of water for any purpose upon the determination of the Town Board that such action is essential to the protection of the public health, safety and welfare, as in periods of drought or other emergency.
Section 5: Inspections
All pipes, meters and fixtures shall, at all reasonable times, be subject to inspection by the Town of Clarendon.
Section 6: Materials Standards; Installation Specifications; Fees
A. All materials and installations will be governed by the New York State Health Code, the Town’s regulations, and any other applicable laws, ordinances, rules and regulations, and the general specifications as prepared by the Town Engineer, where applicable. The Town of Clarendon Water District Water Service Material and Construction Specifications adopted by the Town Board on June 13, 1995 and as amended from time to time are hereby made a part hereof and incorporated by reference.
B. All meters and related equipment shall remain the property of the Town of Clarendon during their use. Only the Town of Clarendon Water District Superintendent or his duly authorized agent shall install or remove a meter or meter reader.
C. All meter sizes shall be determined by the Town of Clarendon.
D. Pipe size from the customer right-of-way to the meter and related equipment shallbe a minimum of one inch in diameter. Pipe material shall be copper or plastic, and all materials shall comply with the Town’s specifications.
E. In instances where subsurface conditions make it impossible or impractical for an individual water service to be buried to the recommended depth of four (4) feet or more, the Town of Clarendon may, in its discretion, permit the installation of the water service at less than the recommended depth, but only if the applicant signs a “Water Service Agreement” acknowledging that the water service will be at less than optimum depth, assuming full responsibility for any damages or expenses resulting from such installation and holding the Town of Clarendon harmless from any and all obligation or responsibility therefore (rev. 4/14/98; 6/11/02). F. Standards for Meters, Hydrants and Valves: (rev. 8/18/2009)
(1) All Meters will be Neptune T-10 Meters with Pro-Read Auto Detect Remote and R-900 V3 Radio Read Transmitters;
(2) All Hydrants and Valves will be purchased from Mueller.
Section 7: Application for Connection to System
A. Application for connection to the Town’s water transmission system shall be made to the Town, in writing, by the owner of the premises for which service is requested, or by the owner’s authorized agent. The applicant shall furnish a map or drawing and such further information as may be required by the Town. No connection or service shall be provided until the applicant has fully complied with these rules and regulations. A copy of the Town’s Application Form is attached to these Rules and Regulations as Exhibit A.
B. A separate application shall be required for each premises or portion thereof to which water service is to be separately metered. A new application must be made upon a change in ownership of any parcel to which water service is being furnished, or upon any change in the type of service furnished as described in the existing application.
C. The receipt of an application shall not obligate the Town to provide or perform the service requested, nor shall the Town be obligated to extend a main in any street. Upon acceptance of the application by the Town, the applicant shall become a customer of the Town and shall be subject to these rules and regulations and shall become responsible for the prompt payment of all applicable rates and charges.
Section 8: Approval of Connection
No water services shall be provided unless and until the Town determines that proper and technically appropriate water service connections exist at the premises to be served for the type of service desired.
Section 9: Installation of Connection; Inspections
A. Whenever a new tap to a Town water main is required, the Town shall install a tap, corporation stop, curb stop and box, and piping from the corporation stop to the curb stop, upon payment of the requisite fees. The installation of all remaining water service connections is the responsibility of the owner.
B. A separate curb box and curb stop outside the building shall be required for each premises or part thereof where the water delivered is to be individually metered to a customer.
C. The service shall be turned on only after an inspection and approval by the Town of Clarendon Water District Superintendent or by an authorized agent or employee of the Town.
Section 10: Larger Service Installation
Installation fee and all contractor fees plus materials will be paid for a service installation that is larger than the standard size; Installation fee will be charged according to the Town of Clarendon Fee Schedule as determined by Town Board resolution and may be amended from time to time in the sole discretion of the Board. There will be no additional annual debt service charge for the larger service. (rev. 10/17/06)
Section 11: On-Demand Service
Where no service exists (vacant land), the property owner will pay an installation fee for a roadside tap according to the Town of Clarendon Fee Schedule as determined by Town Board resolution and may be amended from time to time in the sole discretion of the Board (rev. 10/17/06)
Section 12: Single Structure Multi-Family (2) Housing
Buildings that provide multi-family housing, excluding commercial operations, on a single parcel of land that is serviced from one roadside tap will receive one full unit annual debt service charge. (rev.10/17/06; 09/15/09)
Section 13: Multiple Structures
Multiple habitable structures on a single parcel receiving public water will require a separate water service be installed for each habitable structure and a full unit annual debt charge will be assessed for each service. It is provided however, that a property owner may run a secondary water service from a habitable structure to an accessory structure on the same tax map parcel without a second water district repayment charge. (rev. 10/17/06)
Section 14: Mobile Home Parks
Mobile Home Parks will receive one roadside service for multiple units and will receive annual debt service charges as follows: The first unit will be charged a full-unitcharge. Each additional unit will receive a ¾ unit service charge. (rev. 10/17/06; 09/15/09)
Section 15: Apartment Buildings
Apartment Buildings will receive one roadside service for each structure containing multiple dwelling units and will receive annual debt service charges as follows: Per Roadside Service, the first dwelling unit will be charged a full-unit charge. Each additional dwelling unit will receive a ¼ unit service charge. (rev. 10/17/06; 09/15/09; 9/28/09)
Section 16: Broken Seals
If a seal on a valve, meter or other fitting is broken, it shall be presumptive evidence that the water consumption has not been properly registered on the meter. If the seal is broken, it shall be resealed by the Town, and the property owner shall be charged a fee for resealing. No fee shall be charged if the seal was broken accidentally and the Town is promptly notified.
Section 17: Responsibility for Maintenance, Repair and Installation
The property owner shall be responsible for maintenance and repair of the water service connection and all distribution lines and apparatus beyond the curb stop and shall be liable for any loss, cost or expense arising from its use, including but not limited to the malfunction or improper installation of design of said connection or facilities. Any person who performs water service maintenance, repair or installation work is alsosubject to these rules and regulations and accountable for any violation hereof.
Section 18: Leaks in Service Pipes, Hydrants and Other Apparatus
A. When leaks occur in the service pipes at any point beyond the curb stop, including the ferrule or tap (private water distribution systems and/or private fire hydrants), they must be repaired by the owner of the premise or by his duly authorized agent. If such leaks are not repaired by such person within 24 hours after notification of leaks by the Town, water service to such premises shall be shut off until the leaks are repaired and, if repaired by the Town, the expense of such repair shall be charged to the owner of the premises, to be collected with the next bill for supply of water that shall become due, and any failure to pay such charges shall be treated as a failure to pay water use charges.
B. Owners may enter into an agreement with the Town for the maintenance of hydrants and hydrant guard valves located on private property. Copies of such agreements shall be available for inspection at the Town Clerk’s Office during regular business hours.
Section 19: Cross-Connections
A. Cross-connections are hereby prohibited. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited cross-connection.
B. Upon the determination of the existence of potential cross-connections, the Town shall deliver written notice thereof to the person causing or responsible for such condition, which notice shall contain an order requiring said customer to install back-flow prevention devices within a reasonable period of time specified in the notice. A licensed professional engineer or registered architect shall sign and seal the design and supervise the installation of such devices. Such devices and installations shall be subject to the requirements of all applicablecodes, laws and ordinances. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited cross-connection.
Section 20: Water Hammer
Upon the determination of the existence of water hammer, the Town shall deliver written notice thereof to the person causing the condition, which notice shall contain an order requiring said customer to install a water hammer elimination device within a reasonable period of time as specified in the notice. A licensed professional engineer or registered architect shall sign and seal the design and supervise the installation of said device. Such design and installation shall be subject to the requirements of all applicable codes, laws and ordinances. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited water hammer.
Section 21: Refusal of Service
The Town may refuse service to any customer where there exists any condition on the premises and/or in the water service connection which may be detrimental to the Town’s water supply. Such conditions include, but are not limited to, prohibited cross-connections and water hammer. The Town may refuse service in instances where it is not satisfied that all laws, ordinances, rules and regulations relative to water service will be complied with by the applicant.
Section 22: Discontinuance of Service
A. Water service may be discontinued by the Town for any of the following reasons:
1. For misrepresentation at the time of application, as to property or fixtures to be supplied or the use to be made of the water supply.
2. For the use of water on any property for a purpose other than that described on the application.
3. For willful waste of water through improper or imperfect pipes, fixtures, meters or otherwise. Use of running water to prevent freezing is hereby deemed a willful waste of water.
4. For failure to maintain connections, service lines or fixtures owned by the Town in good order.
5. For non-payment of charges, rates or fees for water supplied or services rendered by the Town where such non-payment exceeds 60 days from the date such amounts were due.
6. For cross-connecting pipes carrying water supplied by the Town with any other source of supply or with any apparatus which may endanger the quality of the Town’s water supply.
7. For refusal of reasonable access to the property for the purpose of reading, repairing, testing or removing meters or observing water pipes and other fixtures.
8. For the furnishing or receiving of a supply of water from another premise.
9. For damaging any service pipe, seal, curb stopcock or any other appliance of the Town used in controlling and regulating the water supply.
10. For failure to maintain the water meter in good order.
11. In case of abandonment of premises.
12. In order to make necessary repairs, connections or the like.
13. For failure to install water hammer elimination devices.
14. For the removal of an unauthorized water meter.
15. Upon the request of the owner.
16. For violation of any other rule or regulation of the water district.
17. For any other good cause.
B. Discontinuance Upon Customer Request
1. Any customer may discontinue water service by giving the Town a written order to such effect at least 10 days prior to the date on which such discontinuance is intended to take effect.
2. If such request is for a final termination of service in the customer’s name, then the request will be presumed to include one for sealing the meter at the premises in question. The Town will seal the meter in question at the time of final reading unless the Town receives a written request by the next customer requesting service through such meter that the meter not be sealed. Such written request shall be submitted in conjunction with the new application for service to the premises in question.
23: Restoration of Service
When service has been discontinued for reasons other than an emergency, the Town will renew service on proper application when conditions under which service was discontinued are corrected and upon the payment of all applicable charges and fees. In the case where a water service has been shut-off for non-payment of usage billings, a $65.00 fee will be charged to have the service restored for use. Where service has been discontinued upon the request of the customer pursuant to Paragraph 16(B) of these rules and regulations, such customer shall be required to pay the charge for new service as provided under these rules and regulations. A customer whose service has been discontinued at one location owned by him may not have service renewed at another location until all the charges owed to the Town for water service to said customer have been paid and all the applicable rules and regulations of the water district have been complied with. (Rev. 6/10/2003; 12/16/2008)
24: Responsibility of Meter Repair
The customer will be responsible for damages due to freezing, hot water, tampering or other external causes. In cases of damage, the Town will repair the meter and, if necessary, replace it with another meter and the cost of such repair or replacement shall be borne by the customer, except that the Town shall bear any cost attributable to ordinary wear and tear.
A. Meters shall be accessible to the Town at all reasonable times, and the Town reserves the right to remove and test any meter at any time and to replace it with another meter.
B. In case of a disputed account involving the question as to the accuracy of a meter, such meter shall be tested by the Town upon request of the customer. The fee for testing meters will be as provided in Paragraph 28 of these rules and regulations. In the event that the meter so tested is found to have an error in registration to the detriment of the customer in excess of 4%, the fee for testing will be waived. Prior bills will be adjusted to correct such registration, and a credit will be applied against the customer’s subsequent bills.
26: Use of Hydrants
A. No hydrant shall be used for any purpose other than the extinguishing or fires, periodic testing of the fire protection system or periodic drills by a fire company or department.
B. Proper fire officials shall notify the Town within 24 hours after use of a Town hydrant to enable the Town to inspect the hydrant and determine whether it has been returned to its proper operating condition. The failure to return a hydrant to its proper operating condition shall be deemed a violation of these rules and regulations.
27: Private Fire Protection Service
A. The following procedure shall apply for all applications for private fire protection:
1. The applicant shall submit 3 copies of the plumbingschematics or plan, showing the proposed service size and location. The schematics or plan shall be signed and sealed by a licensed professional engineer or registered architect.
2. All applications and plans submitted shall contain such information as required by the Town.
3. If a combination of fire and domestic service is requested, the necessary requirements will be as follows:
(a) Approval, in writing, from a qualified representative of a fire-rating organization or underwriter.
(b) Verification that the necessary pressures will be available to the fire system when the domestic service is being used at peak capacity.
(c) Proper installation of a certified detector check fitting at the prescribed location as not to be affected by domestic service.
(d) Proper check system or backflow prevention devices on domestic service.
(e) Disinfecting methods as mandated by the New York State Health Department, Bureau of Water Supply and necessary pressure testing of the system.
(f) All work shall be done by a licensed plumber.
(g) Other criteria as promulgated by the Town of Clarendon.
B. If a hydrant is installed on a private fire protection service line, such hydrant shall be located on the owner’s or occupant’s property and installed by him at his expense. The Town reserves the right to approve the type of hydrant and the manner in which it is installed before service is approved.
C. The Town reserves the right to inspect hydrants and hydrant guard valves located on private property. Such inspection shall be conducted biannually at a reasonable time and upon reasonable advance notice to the owner.
D. Owners may enter into an agreement with the Town for the inspection and maintenance of hydrants and hydrant guard valves located on private property. Copies of such agreements shall be available for inspection at the Town Clerk’s Office during regular business hours.
28: Service During Construction
The service of water to premises prior to occupancy will be provided to builders, contractors, developers and owners for water usage during construction or for the service of water in model houses prior to sale, upon payment of the necessary fee and deposit as provided in Paragraph 28 of these rules and regulations.
A. All charges for water service, including water rates, shall be billed to the owner of the premises to which water is furnished.
B. The Town shall be notified in writing of any change in ownership of premises to which water service is furnished, which notice shall be the responsibility of the new owner. Failure to provide such notice shall be deemed a violation of these rules and regulations. upon receipt of proper notice, the Town will take a final reading in accordance with Paragraph 16(B) of these rules and regulations. no adjustment of billings as between old and new customers will be made by the Town.
C. Upon receipt of a notice of discontinuance of service in accordance with Paragraph 16(B) of these rules and the recording of a final reading, the Town will prepare a final bill. If due, a refund for the amount of excess payment resulting from an overestimated prior billing will be given to the old owner.
30: Meter Reading
A. All water usage shall be billed by the Town on a quarterly basis, except in the case of customers whose daily waterconsumption exceeds 1000 gallons, in which water bills will be rendered monthly.
B. The quantity recorded by the water meter shall be considered the amount of water used by the customer, which amount shall be binding and conclusive on both the customer and the Town, except as hereinafter provided. Where the meter has been tested and is determined to have malfunctioned or registered inaccurately, the quantity may be determined by the average registration of the meter in a corresponding past period when the meter was functioning properly; provided, however, that where it appears that there has been a change of customer or change in use of water, an equitable adjustment shall be made. In all cases where a meter is found to be defective, the Town shall immediately replace the same with a meter that has been tested and properly adjusted.
C. The Town will read meters through remote meters mounted on the outside of the building. The Town shall have reasonable access to the property for the purpose of reading, repairing, testing or removing meters.
D. In the event that reasonable access for meter reading is not possible, an estimated bill for the quarter (or for the month, as the case may be) will be sent to the customer. The estimated bill will be based on the same quarter (or month) of the previous year, plus a 10% increase, or on some other suitable method of estimation.
E. All meters will be read and inspected by Town personnel at least once a year.
31: Late Payment Penalty and Unpaid Bills
A. If any water bill or charge provided for in and by these rules shall not be paid within 30 days following the due date of the bill, a 10% penalty will be assessed against the account.
B. Delinquent water bills, together with penalty, shall become a lien against the real property upon which or in connection with which the water is used. Such a lien is prior and superior to any other lien or claim except the lien of an existing tax. The Town Board shall include delinquent water charges, penalties and an additional $100 penalty in the annual tax levy and shall levy the same upon the real property in default in accordance with the Town Law. (rev. 11/17/09)
C. Property subject to lien for unpaid water bills may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay such charge after deducting costs as in the case of foreclosure of statutory liens. Such foreclosures may be brought in the name of the Town against any real property on which water charges have remained unpaid for 90 days beyond their due date.
32: Effect of Leakage
In order to encourage prompt repairs of leaks in pipes or fixtures, the Town may, under certain conditions, grant allowances for apparently excessive bills resulting from leakage beyond the meter. Granting of an allowance shall be in the sole discretion of the Town and shall not exceed one-half of the excess due to leakage over the normal usage for the period. The Town shall be the sole judge in determining the amount of the excess resulting from the leakage.
33: Rates Established; Estimates
A. Water rates shall be established by resolution of the Town Board, and may be amended from time to time. All billings shall be calculated for each payment as of the regularly scheduled meter reading date or, in the case of a voluntary discontinuance of service, as of the date of the final reading.
B. In the event that a meter reading cannot be made, usage will be estimated, and a bill will be prepared based on the amount of such estimated reading. Estimates made by the Town shall be conclusively binding on the customer.
Fees shall be determined by Town Board resolution and may be amended from time to time in the sole discretion of the Board.
35: Out-of-District Users
In the sole discretion of the Town Board, water service may be provided to individuals and businesses owning property outside the boundaries of an established water district. The Town Board has adopted a separate policy for out-of-district users which is hereby incorporated by reference herein. Requirements include: 1) Your property must be located within the Town of Clarendon; 2) The property to which municipal water services would be run is located no further than 400 feet from the boundary of the water district, except that any properties on Jackson Road between Hall Road and the Orleans/Monroe county line shall, without regard to this limitation, be allowed to apply as an out of district user to Town of Clarendon Water District No. 3 and, upon approval of such application, to tap into the transmission main on Jackson Road, provided that the applicant complies with all other requirements imposed upon out of district users; and 3) You must signify your agreement with the Terms and Conditions of “Outside-User Arrangement” by signing a copy of the same and returning it to the Clarendon Town Clerk’s Office along with the completed information form.
36: Non-negotiable payments
A charge of $25.00 will be assessed against any account for which a non-negotiable payment (e.g., a check that is returned for insufficient funds) is received. (rev 05/2003)
37: Equipment Costs
Costs for meters, sleeves, valves, taps and other equipment, appliances or services related to Town water service shall be established by resolution of the Town Board, and may be amended from time to time in the Board’s sole discretion. A listing of such costs is available from the Town Clerk during regular business hours.
No person shall damage any structures, equipment or appurtenances belonging to the Town’s water distribution system, tamper with meters or hydrants, divert water from mains, use water without permission or cut or tap into any water main or pipe.
39: Penalties for Offenses
A. Any person violating any of the provisions of these rules and regulations shall be subject to arrest and fine of not more than $250.00, plus any costs of repairs as necessary, and/or by imprisonment for a maximum period of 15 days. Unless otherwise provided, each day that a violation continues will be deemed a separate violation for the purposes of these rules and regulations.
B. Any person turning the water on any main, service pipe or fire hydrant on or off without the permission of the Town of Clarendon shall be subject to a fine of not more than $250.00.
C. Penalties imposed hereunder shall be in addition to any other penalties that are imposed by law, such as theft of services.
40: Exemptions from Payment of Tap-In Fee
The original owner(s) (i.e., the owner of record as of the date of the Final Order
establishing the water district) of a parcel of property situated in a duly established Town of Clarendon water district which is as of that date already improved for residential and/or commercial use or as to which a building permit has already been issued, who elected not to receive a water service at the time the water district first became operational, shall be entitled at any time thereafter to have a standard sized water service (whether a short service or a long service) installed to his/her/their property line at water district expense on the following conditions: (a) there has been no change in the ownership of the property since the time the water district was established; and (b) the owner has paid all water district charges and assessments on a timely basis since the time the water district was established.(rev.01/11/2000)
41: Hardship Parcel
A parcel of vacant land adjoining a residence or business which is assessed a water district repayment charge will not be assessed a separate water district repayment charge as long as both parcels are under common ownership and the vacant parcel contains no taxable improvements. In determining whether a parcel of land contains taxable improvements, reference shall be made to the latest completed assessment roll of the Town of Clarendon. Common ownership is defined as: ‘one name listed on both deeds needs to be an identical owner of record.’ Water District No. 7 and all future water districts will be charged an annual debt service charge for hardship parcels in the amount of $10.00. (rev.10/17/06)
The foregoing Hardship Parcel Policy has been discontinued for all water districts, present and future; effective 11/17/2009. Each parcel of land will be assessed a separate water district repayment charge. (rev. 11/17/09; 01/19/2010) [See Town Board Minutes 1/19/2010 meeting]
42: Land in Multiple Water Districts
A single parcel of land that is located within the boundaries of more than one water district, will receive a full unit annual debt service charge for the preceding district and will receive a Hardship Status without a charge, for the second district. (rev 10/17/06)
43: Lateral Restrictions
In recognition of New York State Department of Agriculture & Markets expressed concern about the potential adverse impact that public water supply is likely to have on agriculture with an agricultural district, the Town of Clarendon has resolved to limit connections to public water supply only to existing non-farm uses and to farm related uses within portions of Clarendon Water Districts which are also within the limits of Orleans County Agricultural District No. 2. These lateral restrictions
have been adopted by Town Board resolution and may be amended from time to time in the sole discretion of the Board. (rev. 10/17/06)
44: Adoption by Town Board
These rules and regulations were unanimously adopted by the Clarendon Town Board at a regular meeting duly held on February 13, 1996 and are subject to further revision by the Town Board from time to time as may be necessary.