(a)

That pursuant to Section 198 of the Town Law and other applicable statues, the town board does hereby establish that the quarterly rates for water furnished by Consolidated Water District No. 1 to be charged to the consumers shall be as follows:

$3.90 per one thousand (1,000) gallons.

(b)

Notwithstanding subsection (a), the minimum quarterly bill shall be thirty-five dollars ($35.00) for the first six thousand (6,000) gallons.

(Code 1966, § 41-1; L.L. No. 9-1992, § 1; L.L. No. 2 of 2000, § 4; L.L. No. 13 of 2005, § 1; L.L. No. 9 of 2010, § 1; L.L. No. 5 of 2011, § 1)

Editor's note— Per the city's instructions, receieved on May 15, 2025, § 23-1 has been updated.

(a)

In this section "fire line" means:

(1)

Any iron water line making a connection to the water district system for the purpose of supplying water to fire hydrants on private property around the extension of buildings thereon; or

(2)

Any water line making a connection to the water district system for the purpose of extending the line into buildings on private property for the purpose of supplying sprinkler heads or hose reels.

(b)

The quarterly rate to be paid by the property owners to the water district for each fire line connection shall be as follows:

(1)

For each two-inch connection, two hundred fifty dollars ($250.00).

(2)

For each three-inch connection, three hundred twenty-five dollars ($325.00).

(3)

For each four-inch connection, four hundred dollars ($400.00).

(4)

For each six-inch connection, five hundred dollars ($500.00).

(5)

For each eight-inch connection, seven hundred fifty dollars ($750.00).

(6)

For each ten-inch connection, nine hundred dollars ($900.00).

(7)

For each twelve-inch connection, one thousand two hundred dollars ($1,200.00).

(8)

For each fire hydrant on private property, one hundred fifty dollars ($150.00).

(9)

The town board, by resolution, may modify the charges set forth above from time to time.

(c)

The terms of payment for each line connection shall be net cash; statements shall be rendered by the water district on a quarterly basis for the preceding three (3) months' period. Any fire line connection made within the three (3) months' period prior to the next billing date shall be prorated by the water district and the property owner shall pay only for that period of time during which the connection is made.

(Code 1966, § 42-6; L.L. No. 2 of 2000, § 4; L.L. No. 3 of 2008, §§ 1—3)

(a)

Restricted. It shall be illegal for anyone to connect or obtain any water from fire hydrants in the town except as provided herein.

(b)

Seasonal permit. An applicant may obtain a seasonal permit to be issued by the town engineering department for a tanker containing one thousand (1,000) gallons or less. There must be a separate permit issued for each tanker. The applicant shall pay the sum of one hundred dollars ($100.00) per year for the permit and may not use in excess of one hundred thousand (100,000) gallons of water per year for each permit issued.

(c)

Water tanker permit. An applicant may obtain a water tanker permit for tankers containing one thousand (1,000) gallons or more upon the payment of a fee of twenty-five dollars ($25.00) for each and every load. Payment must be made prior to obtaining each load.

(d)

Designated hydrant. No water may be taken from any hydrant in the town without the town board designating the specific hydrant from which the water may be obtained.

(e)

Schedule. No water may be obtained from any hydrant except between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, unless written permission is obtained from the water/wastewater superintendent's office in the town.

(f)

Backflow prevention. All hydrant users must use a reduced-pressure-zone backflow preventer or maintain a physical air gap between their tanker and the town water system.

(g)

Permit denial. The town reserves the right to deny permits to any applicant who has violated this section, whose use may create an undue risk to the water system of the town or in the event of any water shortage in the town.

(L.L. No. 12 of 1989, § 1)

(a)

Use required; damage to meters. No water service shall be given to any person except through a meter which may be purchased from the town or a town approved meter. After the meter is attached, any damage which such meter may sustain resulting from the carelessness of the owner, agent or tenant or from the neglect of any of them to properly secure and protect the same, or any damage that may result from allowing the meter to become frozen or to be injured by hot water or steam, or from any other cause, shall be paid by the owner on demand of the town. In case such payment is not so made, the water may be shut off from the premises and not turned on again until all charges are paid. Upon request of the property owner, the town will provide a written statement as to the bases of such charge.

(b)

Meters one (1) inch or less in diameter.

(1)

Installation and maintenance. The town will install and maintain all meters up to and including one (1) inch in diameter. Meters shall be set as near as possible to the point of entry of the service connection pipe to the building and shall be kept unobstructed and easily accessible to town employees at all times. In cases where the town believes access is not adequate, it can by written notice compel the meter to be moved to a more accessible location. In cases where the customary location of the meter is distant from the property line of the premises or under such other circumstances as deemed appropriate by the water/sewer maintenance department, it may require the meter to be set in a pit or box approved by the water/sewer maintenance department at the expense of the consumer and located near the appropriate property line of the premises. Valves must be placed before and after the meter to facilitate service of meters as deemed appropriate by the water/sewer maintenance department. All proposed meter locations must be previously approved by the water/sewer maintenance department.

(2)

Testing. Meters may be tested by the water/sewer maintenance department at any time, and meters up to one (1) inch in diameter will be tested upon application of the consumer and the making of a deposit of twenty-five dollars ($25.00). If the meter shall test less than five (5) percent fast on full or half flow, the deposit is to be forfeited to the town. If the meter tests more than five (5) percent fast, the meter will be repaired or replaced at town expense and the deposit returned. If a meter tests five (5) percent or more slow, the town shall, at its option, bill for the amount of water not previously billed for as a result of meter malfunction.

(c)

Meters greater than one (1) inch in diameter.

(1)

Installation and maintenance. The consumer will install, under the water/sewer department's supervision, and maintain all meters of greater than two inch in diameter. Said installations shall be provided with a valved bypass around the meter and valved spur pipe on the building side of the meter for test purposes. In cases where the customary location of the meter is distant from the property line of the premises or under such other circumstances as deemed appropriate by the water/sewer maintenance department, it may require the meter to be set in a pit or box approved by the water/sewer maintenance department, at the expense of the consumer and located near the appropriate property line of the premises. Valves must be placed before and after the meter to facilitate service of meters as deemed appropriate by the water/sewer maintenance department. The design of such special meter settings and location shall be submitted to the water/sewer maintenance department for approval before construction is undertaken by the consumer. The consumer will replace at his expense defective parts in improperly operating meters, including meters damaged by virtue of any reason enumerated in subsection (a) hereof, and will at his expense replace meters that have worn out or are not capable of being repaired. No meter may be removed, for any cause, without written permission from the town.

(2)

Testing. The town water/sewer maintenance department will from time to time test meters larger than one (1) inch in diameter to determine their accuracy. In the event that an owner shall request additional testing, the same shall be provided by the water/sewer maintenance department and paid for by the consumer in an amount established and modified from time to time by resolution of the town board. If any test of a meter larger than one (1) inch in diameter shall show that meter to be reading more than three (3) percent slow by normal town testing standards, then that meter shall be deemed to be malfunctioning and shall be subject to repair as described in subsection (c)(1) of this section. The town shall also, at its option, bill for the amount of water previously not billed for as a result of meter malfunction.

(3)

Charges. A meter testing charge based on meter size shall be charged upon commencement of billings for water service for all meters larger than one (1) inch in diameter. This charge, which shall be based upon the size of the meter, shall be established and modified from time to time for each size meter by resolution of the town board.

(d)

Failure to register. If any meter becomes damaged and fails to register, or if the same registers improperly, the user will be charged at consumption to be determined by the town based on the best information available to it.

(L.L. No. 3 of 2008, § 4)

(a)

This section sets forth a schedule of fees to be charged by the town water department as listed on annexed schedule A.

(b)

The said schedule of fees may be amended by resolution of the town board from time to time as necessary.

(c)

In the event of a conflict between any of the other provisions of this Code, and this section, the charges listed in this section shall prevail.

(d)

The determination of the water superintendent as the existence of any "emergency" shall be binding.

SCHEDULE A

¹ Meter will be tested at office and may be witness by customer. If meter is:

a.

Accurate, town will retain deposit.

b.

Under-registering by more than three (3) percent, town will retain deposit.

c.

Over-registering by more than three (3) percent, town will credit customer account for deposit and over usage amount for that quarter.

² One hundred fifty dollar ($150.00) fee for delinquent backflow test. Backflow tests must be done by the anniversary date of the previous test and be received by the water office no later than thirty (30) days after test. All fines and fees must be paid before service is restored.

³ One hundred dollar ($100.00) fee for water termination. An account will be considered delinquent after two (2) consecutive quarters of no payment or one thousand dollars ($1,000.00), whichever comes first. Partial payments may be accepted without water termination at the discretion of the water superintendent as long as the account is not delinquent.

⁴ Where the customer has both services, all fees generated by this charge shall be divided equally between the water and sewer funds.

(L.L. No. 1 of 2010, §§ I, II; L.L. No. 5 of 2014, § 1)

Editor's note— Per the city's instructions, receieved on May 15, 2025, § 23-1 has been updated.

(a)

Purpose. Pursuant to the applicable section of the Town Law and other statutes, the Town Board of the Town of Vestal, (the "town board" and "town" respectively) does hereby establish and set forth the following rules and regulations governing the discontinuance of water service.

(b)

Title. This section shall be known and cited as "A Local Law Amending Chapter 23 of the Town Code of Town of Vestal by adding a new Section 23-6, Establishing and Setting Forth Procedures for the Discontinuance of Water Service in the Town of Vestal, Broome County, New York."

(c)

Applicability. These regulations shall apply to all water districts of the town now or hereafter established and to the customers thereof.

(d)

Discontinuance of service.

(1)

General rules. Water service may be discontinued by the water district for any of the following reasons:

a.

Use of water other than as represented in the customer's application, or through branch connections on the street side of the meter or place reserved therefore.

b.

Willful waste of water through improper and imperfect pipes, or by any other means.

c.

Damaging or molesting any main, service line, seal meter, or any other property or installation of the district.

d.

Nonpayment or delinquency of bills for water or services rendered by the district.

e.

Failure to abide by the terms of payment arrangements.

f.

Cross-connecting pipes carrying water supplied by the district with any other source of supply, or with any apparatus which may endanger the quality of the district's water supply without proper devised and prior approval.

g.

Refusal of reasonable access to the property for the purpose of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.

h.

For violation of the rules of the water department as set forth in the rules and regulations, violations of this Code, state or federal law.

i.

For failure to repair leaking service lines after notice.

If any building is razed, moved or abandoned, it will be the responsibility of the owner or the authority which requires such razing, moving or abandonment by virtue of public improvement to notify the water department to remove the water meter. The owner may be required to discontinue the lateral line at the curb box by physically removing the service line connection at the curb box, under the supervision of the water department.

(2)

When for any reason the use of a service is discontinued, such service shall be shut off at the curb cock, and if this section has not been complied with, such service may be so shut off, and all expense connected therewith shall be borne by the owner and chargeable against the property at which such service was discontinued regardless of whether or not such owner owned such property at the time that such service was discontinued. If the owner refuses to reimburse the water department for service so rendered, the water will not be restored until payment is made.

(e)

Shutting off water.

(1)

Right of water district. Water may be shut off by the water department from any service or main for the purpose of making or constructing new work or making repairs in the water system, or for enforcement of payment or moneys or charges due to the water district and for other matters in accordance with the rules and regulations set forth in this section or in order to enforce compliance therewith. In case of making or constructing new work or in making repairs, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.

(2)

a.

An account is deemed delinquent when there is no activity (payments) for two (2) consecutive quarters or one thousand dollars ($1,000.00), whichever occurs first.

b.

When an account is delinquent a letter is sent to the customer with notification that the account is delinquent and allowing fifteen (15) business days for payment arrangements to be made.

c.

If after the allowable fifteen (15) days no payment is received or contact is made for payment arrangements a water shutoff notice with the shut off date is posted on the front door of the property.

d.

If after the notice has been posted for three (3) business days no payment is made or contact is made for payment arrangements the water service is turned off and a one hundred dollar ($100.00) fee is placed on the account. Water service will not be reinstated until the account is paid (including the one hundred dollar ($100.00) fee) or payment arrangements are made to pay the full amount due, including the one hundred dollar ($100.00) fee, at the discretion of the water superintendent.

It is understood and agreed, however, that the water district shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever in cases where no notice is given.

(3)

Compliance with rules required before service restored; charge for turning on water. Whenever the water supply has been shut off for a failure to comply with these rules and regulations, it shall not again be turned on, except by the water department, until compliance is made with these rules and regulations in the matter and payment made by the owner of the premises concerned to the water district of all expenses incurred by the department in so shutting off such water supply. A charge of one hundred dollars ($100.00) will be made for turning on water, which must be paid in advance.

(f)

Appeal of water superintendent's decision. Any person, firm or corporation adversely affected by a decision of the water superintendent may appeal the same in writing within ten (10) days to the town board.

(g)

Penalties. The violation of any of the provisions of this section is an offense, and any person violating any provisions of this section shall be subject to a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding fifteen (15) days or both. In addition to the above provided penalties, the town may maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction, the violation of this section.

(L.L. No. 5 of 2010, §§ 1—7)

The purpose of this article is to establish provisions governing installation of water mains, service connections, water meters, fire lines, lateral connections, together with specifications therefor, and for other related matters appertaining thereto, to be effective throughout the town in all existing water districts and extensions thereof and in additional districts or extensions of districts hereafter established by the town.

(Code 1966, § 42-1)

All pipes, valves and other materials used in the installation of water mains shall be as approved by the water superintendent or the town board.

(Code 1966, § 42-2; L.L. No. 2 of 2000, § 5)

(a)

No installation of water mains shall be commenced by the contractor or other persons making the installation until the proposed installations are plotted by the water superintendent on three (3) maps furnished by the contractor, and stamped approved by the water superintendent; one (1) map to be on the job of installation, one (1) for the water superintendent and one (1) for the town board file.

(b)

All installations shall be made under the supervision of the water superintendent and must be approved by the water superintendent or by an authorized representative of the water district before covering.

(c)

All water mains must be laid fifteen (15) feet from property line and all lines to be laid at a depth of not less than five (5) feet.

(d)

All lines must be tested at not less than one hundred (100) pounds' pressure before ditch is backfilled.

(e)

All lines must be tamped by hand on both sides of pipe and to a depth of two (2) inches above pipe before ditch is backfilled by bulldozer.

(f)

Hydrants must be installed every five hundred (500) feet. All hydrant laterals must be gated. Where hydrants are installed in hardpan or clay, they must be filled in around them with gravel to a depth six (6) inches above the drain ports of the hydrant. All hydrants to be set in the street six (6) feet from the property on the side the property line is extended.

(g)

For sanitation purposes the chemical calcium hypochloride shall be used in each length of pipe laid. The line shall be charged and allowed to stand for twelve (12) hours. Upon completion the line should be flushed under supervision of authorized water district representative.

(h)

All hydrants and fittings must be properly braced.

(i)

At a three-way intersection of pipes, three (3) valves shall be installed.

(j)

At a four-way intersection of pipes, four (4) valves shall be installed.

(k)

A valve must be installed on every one thousand (1,000) feet of line.

(Code 1966, § 42-3; L.L. No. 2 of 2000, § 5)

(a)

Connections into existing mains of Consolidated Water District No. 1 will only be made by an authorized representative of the water district and by no other person. When connections are made into an existing main, the contractor or other person making the installation must notify the property owners and/or residents in the immediate area of the connection to be made that there will be no water service during the time of the work. If water service is to be withheld for a period in excess of one (1) hour, then and in that event, the contractor must provide temporary service to the properties thus affected.

(b)

All ditches must be guarded day and night, until safe, to protect the public and maintained for one (1) year by the contractor after installation. Certificates of public liability insurance must be filed with the water district before work is begun, indemnifying Consolidated Water District No. 1 and/or the town from all personal injury or property damage claims arising in connection with the work.

(c)

After completion of work, the contractor or subcontractor must furnish the water department a profile map showing complete installation. The map must show the location of water mains, valves and hydrants, with correct size of main, valves, and hydrants, also the total footage of line, type of fittings used and correct number of valves and hydrants installed, together with other data as may be required.

(d)

All work in connection with the installation of the water mains shall be done in a workmanlike manner and in accordance with all applicable rules, regulations, ordinances and laws, of Consolidated Water District No. 1 and/or the town and/or the county and/or the state.

(e)

All commercial water services must be protected from cross connection from the public water supply (as per part 5 of the New York State Sanitary Code) in the following manner:

(1)

Installing a device designed to protect the public water supply from the hazard posed by the water use at that location. The degree of hazard posed shall be determined by the Broome County Health Department. Any commercial water service not having a device installed may be disconnected until brought into compliance.

(2)

All devices will be installed as close to the water service connection to the public water supply as possible. All devices shall be approved by the water superintendent, town engineer, Broome County Department of Health engineer and state department of health engineer. All plans for these devices shall be submitted to the water department for review. Any devices require the stamp of a New York State licensed engineer or architect and New York State health department approval prior to installation.

(3)

All devices must be tested annually by a New York State certified backflow prevention device tester. In addition, all devices must be rebuilt every five (5) years. All reports of the results shall be submitted to the town water superintendent. Any commercial customers not conforming to the above requirements shall be subject to a fine of fifty dollars ($50.00) per billing period. In addition, the water service may be terminated until it is brought into compliance.

(4)

After backflow devices are installed, the customer is responsible for containing internal backflow.

(f)

If residential property has a use that is considered commercial, this property must comply with the above section (e).

(Code 1966, § 42-4; L.L. No. 2 of 2000, § 5)

(a)

A property owner or occupant shall during any reasonable hour permit the entrance on the premises of a duly authorized representative for repair and/or testing and shall permit the entrance on the premises of the representative for the purpose of reading and/or inspecting a water meter.

(b)

It shall be the responsibility of every property owner or occupant to keep water meters in an accessible location where the authorized representative may conveniently inspect, read or remove the water meter.

(c)

If a water meter cannot be inspected and/or read and/or removed with convenience, the owner or occupant of the property will be notified by a duly authorized representative of the water district to correct the existing condition with regard to the water meter. If the owner or occupant fails or neglects to correct the condition as specified by the duly authorized representative of the water district, the water district shall discontinue water service to the property until such time as compliance is made with the direction of the representative.

(d)

All water services shall be provided with shutoffs on both sides of the meter to allow access to remove or repair the meter.

(Code 1966, § 42-5; L.L. No. 2 of 2000, § 5)

The town board by resolution shall set the charges to be made by all water districts in the town for connection from property to a water main in the public street or proposed public street in accordance with such rules and regulations as shall be promulgated by the town board for the water districts within the town.

(Code 1966, § 42-7; L.L. No. 2 of 1989, § 1; L.L. No. 2 of 2000, § 5; L.L. No. 8 of 2006, § 1)

A subdivider on receiving a permit from the town water superintendent shall be allowed to connect from a water main in a proposed public street. This right is only given to a subdivider and to no other person. The subdivider must use materials and meters as approved by the water superintendent in installing the water connections. The cost of the permit is one hundred fifty dollars ($150.00). Such cost includes the cost of the water meter and the installation thereof.

(Code 1966, § 42-7A; L.L. No. 2 of 1989, § 1)

This article shall govern all extensions of all water districts within the town after January 12, 1966, where a petition has been filed requesting an extension of water district.

(Res. (1) of 1-12-66)

(a)

Where public water facilities are installed in public streets and available to a residential extension of district without further expense for connection thereto by the petitioner, the district shall charge the petitioner the sum of three hundred dollars ($300.00) for each residential lot or proposed residential lot within the extension, plus a sum equal to five dollars ($5.00) per year for each year beginning January 1, 1960 for each residential lot or proposed residential lot situated in the extension. Residential lots shall have maximum frontage of one hundred twenty-five (125) feet.

(b)

All new residential structures within one hundred (100) feet of public water shall extend the town's utility across their frontage.

(Res. (1) of 1-12-66, § 1; L.L. No. 2 of 2015, § 2)

Where a proposed residential extension of water district is to install its own public water distribution system within the proposed extension at the petitioner's expense or extension expense (assessment), the district shall charge the petitioner a sum equal to five dollars ($5.00) for each acre thereof in the extension for each year since January 1, 1960.

(Res. (1) of 1-12-66, § 2)

The provisions of sections 23-42 and 23-43 shall also apply to agricultural districts as designated under chapter 24.

(Res. (1) of 1-12-66, § 5)

(a)

Where public water facilities are installed in public streets and available to a commercial or industrial extension without further expense for connection thereto by the petitioner, the district shall charge the petitioner the sum of five hundred dollars ($500.00) for each commercial or industrial lot within said extension, plus a sum equal to five dollars ($5.00) per year for each year beginning January 1, 1960, for each acre thereof in the extension for each year since January 1, 1960.

(b)

All new commercial structures within five hundred (500) feet of public water shall extend the town's utility across their frontage.

(Res. (1) of 1-12-66, § 3; L.L. No. 2 of 2015, § 3)

The town board shall make a separate determination based upon relevant facts and circumstances in the event a proposed extension of water district is to include commercial and/or industrial properties within the extension, where the improvements petitioned for are to be installed either at the petitioner's expense or at extension expense (special assessment).

(Res. (1) of 1-12-66, § 4)

All moneys received from payments made to a water district pursuant to the provisions of this article shall be deposited by the supervisor in the utility account for the water district or as the town board may direct.

(Res. (1) of 1-12-66, § 6)

After the establishment of an extension to a water district, a property owner therein shall thereafter pay the annual district-wide ad valorem assessments for both maintenance and debt reduction as shall be determined and levied by the town board, acting for and on behalf of the water district.

(Res. (1) of 1-12-66, § 7)