VILLAGE
OF WILLIAMSVILLE CODE
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Chapter 107: Water
§ 107-1. Applicability.
§ 107-2. Definitions.
§ 107-3. Village
rights; liability.
§ 107-3. General
provisions.
§ 107-5. Connections,
service; maintenance; prohibitions.
§ 107-6. Water
taps.
§ 107-7. Water
meter.
§ 107-8. Water
service shutoff.
§ 107-9. Terms
of payment.
§ 107-10. Access
to water meter.
§ 107-11. Private
fire protection.
§ 107-12. Backflow
prevention devices.
§ 107-13. Fees.
[HISTORY: Adopted by
the Board of Trustees of the Village of Williamsville 1-28-1991 as L.L.
No. 3-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use -- See Ch.
81.
§
107-1. Applicability.
Unless otherwise expressly
provided, this chapter shall be applicable in all cases to the supply of
potable water and the furnishing of water service.
§
107-2. Definitions.
As used in this chapter,
the following terms shall have the meanings indicated:
APPURTENANCE - Any material
that belongs with or accompanies a water service pipe, water tap or backflow
prevention device.
BACKFLOW PREVENTION DEVICE
- A device to prevent any contaminated water from being siphoned into the
potable water supply.
CROSS-CONNECTION - A
connection between two (2) otherwise separate piping systems, one (1) containing
potable water and the other containing water which may be contaminated.
CURB BOX - A vertical
sleeve which provides access to a buried curb cock/stop.
CURB COCK/CURB STOP -
A control valve for the water supply of a building, used to shut off water
supply and placed usually between the sidewalk and curb.
POTABLE WATER - Water
which is approved for drinking, culinary and domestic purposes as set forth
in the State Sanitary Code.
PRIVATE FIRE PROTECTION
SYSTEM - Shall include water mains, pipes, hydrants, sprinklers, storage
facilities and other facilities installed on private premises for the purpose
of private fire protection.
PUBLIC FIRE PROTECTION
SYSTEM - Shall include all facilities installed in a public street or alley
or public right-of-way and used for public protection from fire.
WATER HAMMER - A loud
thumping noise that results from a sudden surge or stoppage of the flow
of water through any water service pipe.
WATER SERVICE PIPE -
That part of a building water main installed by or under the jurisdiction
of the Village Water Department.
WATER TAP - A connection,
with its appurtenances, to a water supply main.
§
107-3. Village rights; liability.
A. The village reserves
the right, at any time, without notice, to shut off the water in mains
for the pub of making repairs or extensions or for other pub. The village
shall not be liable for any loss, cost or expense arising from an interruption
or failure in the supply of water or from an increase or deficiency in
water pressure or by the bursting or breaking of any main or service pipe
or any attachment to the village property or for any damages caused thereby.
B. The village reserves
the right to restrict, curtail or prohibit the use of water for any purpose
upon the determination by the Village Board that such action is essential
to the protection of the public health, safety and welfare as in periods
of drought or other emergency. Upon such determination, the Village Board
may, by resolution, fix the times when water may be used for all or particular
purpose and prescribe any other measures to be taken by the Water Department
or its consumers.
§
107-4. General provisions.
A. All work performed under
this chapter shall be by Department of Public Works or a plumber licensed
by village. All work shall be in accordance with the New York State Uniform
Fire Prevention and Building Code and N York State Health Department regulations.
B. The obligation of
the village to supply potable water to any premises shall he upon strict
compliance with the provisions of this chapter and upon payment of all
applicable fees.
C. All water service
pipes, water taps, backflow devices, required excavations and related appurtenances
shall he subject to inspection by the village or its duly authorized agents.
D. The village, through
its duly authorized agents, shall have the right to enter upon any premises
where village water is provided, for the purposes of inspecting, reading,
installing, removing or repairing meters, turning water service on or off
and enforcing this chapter.
E. No unauthorized person
shall open or shut any water supply valve, gate or water tap, operate any
curb cock/stop, tamper or interfere with any water meter or interrupt or
interfere with the village potable water system.
F. No fire hydrant shall
be opened, closed or except by those duly authorized under this chapter
or by a duly authorized member of the Fire Department.
G. Water supplied by
the village to any premises is for use on such premises by the owners or
occupants thereof. The sale, delivery, transmission or supplying of such
water to other persons or premises is prohibited.
§
107-5. Connections; service; maintenance; prohibitions.
A. Application for connection.
(1) Application for connection
to village water service and/or for water service shall be made to the
Village Clerk. No service or connection shall be provided until the applicant
has shown compliance with this chapter and paid all required fees.
(2) The receipt of an
application shall not obligate the village to provide water or perform
the service requested. The village shall not be obligated to extend any
main into any street. On approval of the application by the village, the
owner shall be responsible for payment of all applicable rates and charges
and shall comply with the rules and regulations relating to such service.
(3) All water accounts
shall be established in the name of the owner of the premises.
B. Connection.
(1) All water tap connections
shall be made only by the village alter prior approval by the Building
Department and after payment of all applicable fees a established by resolution
of the Board of Trustees.
(2) Any required street
opening in connection with water tap shall be made in compliance with Chapter
89, Streets and Sidewalks, of this Code.
(3) All new or replacement
service lines shall be of Type K or L copper tubing, located not less than
four (4 feet below the established street grade level and on a direct line
into the premises. Where compliance is determined to be impractical, the
Department Public Works may grant approval, in writing, for a alternate
method of installation.
(4) Any water service
line shall be located wholly within its own trench. Where compliance is
determined be impracticable, the line may be placed on a shelf within a
sewer trench. In no case shall the line be located within the same trench,
at a level equal to or lower than the sewer line.
C. Curb bomb stop installation.
(1) A separate curb box/stop
shall be installed for each premises where the water service is to be individually
metered.
(2) In a residential
district, installation shall between the sidewalk and curb. In a commercial
district, it shall be located one (1) foot inside the curb. The top of
the box shall be set even with pavement and in every case flush with the
surface of the sidewalk.
D. Water leaks. [Amended
7-22-1996 by L.L. No. 4-1996]
(1) The property owner
shall be responsible for any repair and replacement of a water service
line at any point between the water main and water meter. The leak shall
be repaired or replaced within forty-eight (48) hours of receipt by the
property owner of personal or written notice (certified mail) from the
village.
(2) If the property owner
fails to comply with the notice within the forty-eight-hour period, the
village will cause the waterline to be repaired and all expenses for such
repair shall be billed to the property owner.
(3) All payments for
repairs shall be due within thirty (30) days of billing. Interest for nonpayment
shall be accrued on the outstanding amounts at a rate to be set by resolution
of the Village Board of Trustees.
E. Temporary water supply.
(1) No temporary water
supply shall be used except for construction purposes.
(2) No certificate of
occupancy shall be issued by the Building Department until all temporary
water rents are fully paid and a permanent water meter is installed on
the premises.
(3) Unmetered temporary
water supply. Application shall he made to the Village Clerk for temporary
use of water during construction. A daily rate, as established by resolution
of the Board of Trustees, shall be paid from the date of the water lap
to the date the water meter is installed.
F. Water service outside
village limits.
(1) The village reserves
the right to require that water service from village mains be by written
agreement between the property owner and the village. Such service shall
be conditioned upon strict compliance by the property owner with all conditions
and limitations established by the village.
(2) The fee shall be
one and one-half (1 1/2) the rate as established by resolution of the Board
of Trustees for properties located within the village boundaries.
G. Prohibitions.
(1) Cross-connections
are prohibited. In addition to any penalty imposed for violation of such
prohibition, the property owner shall be liable for any damage or expense
resulting from the prohibited cross-connection.
(2) Upon determination
by the Department of Public Works of the existence of water hammer, the
village shall notify, in writing, the property owner responsible for the
condition. The notice may require the installation of water hammer elimination
devices, which shall be at the property owner's expense.
§
107-8. Water taps.
A. Water taps up to one
(1) inch shall be installed only by the Department of Public Works. Water
taps exceeding one (1) inch shall be installed at the expense of the property
owner only after application to the village and shall be approved and inspected
by the village.
B. Excavation prior to
installation shall be the responsibility of the property owner and shall
have an area of at least four (4) square feet and a depth of not less than
six (6) inches below the main.
C. A separate water tap
shall be required for each building on any premises supplied with water.
No service line shall be connected to any other building or premises. Connecting
of two (2) or more services lines is prohibited.
D. A water tap intended
to replace an existing service line shall not be installed unless the existing
tap is disconnected and sealed at the water main and thereafter inspected
by the Department of Public Works. All replacement expenses shall be borne
by the property owner.
E. Where any existing
water service line is abandoned or not used for one (1) year, the service
line shall be disconnected and sealed at the water main and thereafter
inspected by the Department of Public Works. All expenses shall be borne
by the property owner.
F. The property owner
shall be responsible for the maintenance and repair of all water tap connections,
distribution lines and appurtenances beyond the meter to the water main.
All expenses shall be borne by the property owner.
§
107-7. Water meter.
A. Location.
(1) An individual meter
shall be required for each premises and for each separate water lap to
a premises.
(2) All meters shall
be set in a horizontal position and shall be accessible for inspection
and reading.
(3) In order to provide
an accurate meter reading, any service line that extends more than one
hundred (100) feet from the street pavement edge to the building line shall
have its water meter set in a vault close to the curb stop.
(4) All meters shall
be protected against both freezing and hot water.
B. Initial installation.
[Amended 6-13-1994 by L.L. No. 2-1994]
(1) All water meters
shall be provided to the property owner at the expense of the village,
and the meter shall be treated thereafter as a fixed appurtenance to the
premises on which it is located.
(2) The property owner
shall be responsible for installation of all necessary piping, fittings,
valves and pipe couplings required to receive the meter.
(3) The meter shall,
upon inspection, be sealed by the Department of Public Works and thereafter
be under the exclusive control thereof. No sealed meter shall be removed
without written permission of the Department of Public Works.
(4) All meters shall
be connected to the water service line by a shutoff valve on each side
of the meter. No connection in any water service line shall be made between
the water main and the meter.
(5) The village may order
the installation of a backflow prevention device where it deems necessary.
C. Maintenance.
(1) The property owner
shall be responsible for damage to the meter due to freezing, hot water,
tampering or other external causes.
(2) Meter repair or replacement
due to ordinary wear on all meters shall be the responsibility of the village.
[Amended 6-13-1994 by L.L. No. 2-1994]
D. Testing.
(1) All meters shall
be made accessible to the village, at reasonable times, for the purpose
of testing.
(2) The village reserves
the right to remove and test any meter and to substitute another meter
in its place.
(3) In the case of a
disputed water charge involving the accuracy of a meter, the meter shall
be tested by the village upon payment of a fee as established by resolution
of the Board of Trustees. In the event that the meter is proved defective,
the testing fee shall be waived and the water charge shall be adjusted
at the discretion of the Village Board. Any credit or additional charge
for such adjustment shall be applied to the owner's next water bill.
§
107-8. Water service shutoff.
A. Water service shall be
shut off by the village for any of the following reasons:
(1) Any misrepresentation
by the applicant as to the property or fixtures to be supplied or the purpose
for which the water is to be used.
(2) Failure to maintain
connections, service lines or fixtures in proper working order.
(3) Nonpayment of charges,
rates or fees for water supplied or services rendered by the village.
(4) Cross-connecting
pipes carrying potable water with any other source of supply or with any
apparatus which may endanger the quality of potable water supply.
(5) Refusal of reasonable
access to the property for the purpose of reading, repairing, testing or
removing meters or observing water pipes and other fixtures.
(6) The furnishing or
receiving of a supply of water from another premises.
(7) Failure to maintain
the water meter or to protect the meter from freezing or hot water.
(8) Abandonment of the
premises.
(9) In order to make
necessary repairs, connections or maintenance.
(10) Failure to install
and maintain backflow prevention devices or water hammer devices pursuant
to an order issued under this chapter.
(11) Any other violation
of this chapter.
(12) Failure to obtain
or purchase a water meter and establish a water account.
(13) for cause as established
by the Board of Trustees or the Water Department.
B. Consumer shutoff request.
(1) Any water consumer
may discontinue water service by giving the Village Clerk notice to such
effect at least three (3) business days prior to the date on which such
shutoff is intended to take place.
(2) The consumer shall
provide access to the indoor meter between the hours of 7:30 a.m. and 3:00
p.m., Monday through Friday.
C. Method of shutoff
Water service to any premises shall be shin off only by the village or
its duly authorized agent.
D. Restoration of water
service. Where water service has been shut off for reasons other than an
emergency, the village shall renew service only when conditions which resulted
in the shutoff are corrected and only after payment of all applicable charges
and/or fees.
§
107-9. Terms of payment.
A. All water consumption
charges shall be as established by resolution of the Board of Trustees
only after a public hearing.
B. All bills for water
consumption shall be payable on the designated due date.
C. Any water bill or
other related charges required under the chapter not paid by the due date
of the bill shall incur penalty of ten percent (10%) of the outstanding
balance.
D. Failure to pay any
bill, including penalty charges, for a per exceeding six (6) months or
more, prior to March 1 of particular year, shall result in the delinquent
charges be added to the next taxes to the property, and village may, without
notice, shut off water service.
§
107-10. Access to water meter.
A. All premises shall be
made accessible for water meter reading between the hours of 8:00 a.m.
and 6:00 pm., Monday through Saturday.
B. When premises are
not made accessible, a meter-reading card shall be left on the premises.
It shall be the duty of the occupant to read the meter, record the reading
on the card provided and promptly return the card to the village.
C. Where a consumer fails
to provide required access to read the meter or fails to return the meter
reading card for more than twelve (12) months, the village may, without
notice, shut off the water system to the premises.
§
107-11. Private fire protection.
A. No private fire protection
shall be installed or modified without the owner of the premises having
first made prior application to the village. All expense thereof shall
be home by the property owner.
(1) The application shall
include two (2) copies of the plumbing schematic or plan, showing the proposed
type of private fire protection, water service location and waterline size.
The schematic or plan shall be designed in accordance with the New York
State Uniform Fire Prevention and Building Code and shall be signed and
sealed by a licensed professional engineer or Bred architect.
(2) The procedure for
installation of a sprinkler system shall include the following:
(a) Approval, in writing,
from the Village Fire Department.
(b) Verification by the
Department of Public Works that the necessary water pressure will be available
to the fire system when domestic water service is being used at peak capacity.
(c) Installation of a
backflow prevention device on the domestic water system in accordance with
the New York State Sanitary Code.
(d) Approval, in writing,
of the schematic or plan by the New York State Health Department.
(e) Installation by a
certified sprinkler company, in combination with a plumber licensed by
the village where applicable.
(f) At the owner's expense,
the village shall install the proper water service connection tap and valve
upon approval of the sprinKler system and payment of fees as established
by resolution of the Board of Trustees.
(g) Each premises with
a sprinkler system shall be every June 1 an annual fee as established by
resolution of the Board of Trustees.
(h) Every sprinkler system
shall be inspected annually, at the expense of the owner, by an independent
certified inspector. Records of the inspection and any required repairs
shall be forwarded to the village within thirty (30) days of completion
of the inspection.
(3) The procedure for
installation of a private or large fire hydrant system shall include the
following:
(a) Approval, in writing,
from the Village Fire Department.
(lb) Plans showing the
system as installed wholly on the owner's property.
(c) Upon completion of
the installation, the system shall be approved and inspected by the village,
which reserves the right to approve the type of hydrant an the manner of
installation before final approval.
(d) Each premises with
a private hydrant system shall be every June 1 an annual fee as established
by resolution of the Board of Trustees.
B. Any use of water designated
for private fire protection for any purpose other than the private fire
protection system shall be unlawful.
§
107-12. Backflow prevention devices.
A. In accordance with standards
established under the New York State Sanitary Code, the village shall determine
the degree of hazard that any facility may pose to the potable water supply
and require that an acceptable backflow prevention device be installed,
tested, operated and properly maintained pursuant to the New York State
Uniform Fire Prevention and Building Code.
B. Procedures for installation
of a backflow prevention device shall require a permit issued by the village
and shall include the following:
(1) (2) copies of the
plumbing schematic or plan, sealed by a licensed professional engineer
or architect.
(2) Prior approval of
the schematic or plan by the New York State Health Department.
(3) Pent of a fee as
established by resolution of the Board of Trustees.
C. Installation; inspection.
(1) All plumbing work
related to the installation of any backflow device shall be by a plumber
licensed by the village and inspected by a certified inspector upon installation
completion.
(2) Every backflow device
shall be inspected and annually, at the expense of the owner, by a state
certified inspector. Records of the inspection, testing and any required
repairs shall be forwarded to the village within thirty (30) days of completion.
§
107-13. Fees.
A. All fees shall be as
established from time to time by resolution of the Board of Trustees.
B. Water consumption
fees shall be established by resolution of the Board of Trustees only after
a public hearing.
C. Any fee for work commenced
under this chapter shall be doubled where such work is begun without the
appropriate permit.
D. Any fee under this
chapter which remains unpaid after March 15 of any given year shall be
added to the next taxes against that property.
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