[Adopted 5-1-2017 by L.L. No. 2-2017[1]]
[1]
Editor’s Note: This local law also repealed former Art.
I, Water Service Regulations, adopted 9-19-5-1988 by L.L. No. 9-1988,
as amended.
This article shall be known and may be cited as the "Water Department
Regulations Law of the Village of Croton-on-Hudson."
As used in this article, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The Board of Trustees of the Village of Croton-on-Hudson,
New York.
The Water Department of the Village of Croton-on-Hudson,
New York.
The Village Manager of the Village of Croton-on-Hudson, New
York.
The owner of the premises, a mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee or other person,
firm or corporation in control of a building or premises.
A lot, plot or parcel of land, including the buildings or
structures thereon.
The Village of Croton-on-Hudson, New York.
The purpose of this article is to provide for the health and
safety of Village residents by regulating the installation and alteration
of all water mains and conduits in the Village and by prescribing
rules and regulations for the distribution and metering of water and
for the conservation of water during emergencies.
A.
Application.
(1)
Application for water service must be made at the office of the Village
Engineer on forms furnished for that purpose and must be signed either
by the property owner, contractor or the plumber who is to perform
the work. The location of the property to be served must be shown
on the Tax Maps of the Village, as well as the street name and house
number, if assigned. Applications must be returned to the office of
the Village Engineer, properly completed, at least 72 hours before
the work is to be commenced. All work to be done must be inspected
and approved by the Superintendent of the Department of Public Works
or his representative prior to acceptance. In the case of service
connections which are larger than one inch, applications must be returned
to the Village Engineer, properly completed, at least 15 days prior
to the commencement of work (excluding Saturdays, Sundays and holidays).
(2)
The application constitutes a binding obligation on the part of the
applicant, and each applicant agrees to be bound by all rules, regulations
and laws of the Village and the Department now in force and/or which
may from time to time be adopted.
B.
All fees for water service connections must be paid in advance. The
fee amounts shall be set from time to time by resolution of the Board
of Trustees. Prior to any work being performed in the street right-of-way,
all other required permits shall be obtained from the appropriate
agency.
[Amended 6-6-2022 by L.L.
No. 6-2022]
A.
Each premises in single ownership must be provided with a water service
connection with no more than one water service connection per premises.
Each water service connection must be metered.
B.
Work in connection with the tapping of mains and/or waterlines of
the Village water district (up to two inches in size) must in all
cases be performed by employees of the Department. Work in connection
with the installation of water service connections between the mains
and the street (lot) lines must in all cases be performed under the
supervision of employees of the Department. For service connections
greater than two inches, the property owner shall assume the cost
of the tapping sleeve, valve installation and service connections
from the main to the street (lot) lines, with all work to be performed
under the supervision of the employees of the Department. In all cases,
the owner of the property is responsible for all work outside the
street lines. Tapping of all Village mains is the domain of the Water
Department. The owner must secure a qualified licensed plumber for
all work performed between the main and the curb stop. The curb box
shall be located no further than three feet from the edge of pavement
(or curb where curbs are in place). In the case where the water main
is located between the edge of pavement (or curb where curbs are in
place) and the property line, the curb box shall be located as close
to the main as practicable, but in any case between the main and the
property line. In all cases where a curb box is improperly located
on private property, the Water Department shall not be responsible
for the repair and maintenance of the service line beyond the proper
curb box location, even though no curb box may be in place at the
proper location. Upon completion of designated work and prior to backfilling
of trenches, all work must be inspected and approved by the Superintendent
of the Department of Public Works or his designated representative.
C.
The service line from the curb stop to the buildings shall be installed
and maintained entirely by the owner at a depth of not less than 42
inches but not greater than 48 inches. All pipe that is installed
from the curb stop to the water main must be of Type K copper in conformance
with the Department-installed standards. Such service line shall be
not less than 3/4 inch in inside diameter. Each service line must
be installed in accordance with the Department's water service installation
diagram.
D.
Whenever an existing water service connection is to be replaced or
abandoned, the existing water service connection is to be removed
in its entirety and the connection to the main shut off by the Department,
with all work being at the owner's expense.
E.
All owners, contractors or plumbers are required to notify the Department, in writing, whenever they are renewing or repairing a customer's service line. After due notification of a leak in that portion of the service line for which the owner is responsible, such leak shall be repaired within 72 hours, or the owner will be subject to the penalties prescribed under § 223-13 hereof.
F.
Fire-protection systems must be designed, installed and maintained
in conformity with National Fire Protection Association (NFPA) regulations
and other applicable regulations.
A.
All water must be supplied by meter measurement except for private
fire hydrants and/or fire sprinkler service except if required by
the Department. If a meter is required for a private hydrant and/or
fire sprinkler service, then the owner must furnish, install and maintain
such meter at no cost to the Village or Department. Property owners
with unmetered private fire hydrants on their property shall be required
to pay an annual fee. Said fee shall be established by resolution
of the Board of Trustees.
[Amended 6-6-2022 by L.L.
No. 6-2022]
B.
Meters up to a maximum size of 1 1/2 inches shall be furnished
by and shall remain the property of the Village. Approved meters over
the prescribed maximum size shall be furnished, installed and maintained
by the owner at the owner's expense.
C.
All meters must be installed by the owner or licensed plumber at
his or her own expense. Replacement meters up to a maximum size of
1 1/2 inches will be furnished by and installed by the Department
after the payment of a fee which shall be set from time to time by
resolution of the Board of Trustees. Replacement meters above the
prescribed maximum size shall be furnished, installed and maintained
by the owner at the owner's expense. Replacement radio interface
modules which have failed through no fault of the property owner will
be furnished by and installed by the Department at no cost. Those
modules which have failed through negligence or damage shall be furnished
and installed by the Department, and the property owner shall pay
a replacement fee which has been established by resolution of the
Board of Trustees. Shutoff valves must be placed on the outlet side
and on the inlet side of all water meters. These valves must be installed
within two feet of the water meter. Meters shall be installed and
located where they are not subject to freezing and are readily accessible
for removal by Department personnel. All meters shall be installed
in accordance with the Department's water service installation
diagram or plan approved by the Village Engineer. In no case shall
any branch line or any form of outlet be connected to the service
at any point between the main and the meter.
[Amended 6-6-2022 by L.L.
No. 6-2022]
D.
Meters must be accessible to and subject to the control of the Department
at all times. No one other than employees of the Department shall
move or interfere with the operation of the meter except by permission
of the Department. When meters are sealed, the seal may be broken
only by an employee of the Department. Should the seal be broken other
than by an employee of the Department, the owner will be held fully
responsible, and the Department reserves the right to order the meter
removed for testing at the expense of the owner. The charge for this
test shall be that which is in force at the time of test.
E.
Where the building to be served is located more than 50 feet from
the curb stop, the Department may require the meter to be placed at
an approved point outside the building in a meter vault approved by
the Department. It is the responsibility of the owner to maintain
the meter vault in a condition of good repair and free from all debris
so that the meter can be easily read. The meter vault must be approved
by the Superintendent of the Department of Public Works or his designee
prior to the installation of the meter.
F.
All work in connection with the maintenance of meters up to a maximum
size of 1 1/2 inches will be performed by the Department; all
other must be maintained by the owner. If a meter is out of order
or fails to register the water consumption properly, it will be changed
or repaired as heretofore stipulated. Damage to meters caused by negligence
of the consumer or owner will be charged to the owner; this includes
frozen meters and meters damaged by hot water. All water that passes
through the meter will be charged to the owner, whether the water
is legitimately used or wasted through leakage.
G.
In the case of a disputed account involving the accuracy of a meter,
such meter shall be tested, if within the Department's jurisdiction,
upon a request of the owner or consumer. All meter testing shall be
paid for by the owner/consumer and payment shall be made at the time
the request for the testing is made. In the event that the meter so
tested upon a request of the owner/consumer is found to have an error
in registration (more than 1.5%, plus or minus), the bill will be
increased or decreased accordingly, but no retroactive reimbursement
shall be made to the owner/consumer for previous billing period(s).
If the meter is found to be over-registering by more than the aforesaid
allowable rate, then the cost of the test shall be borne by the Department,
and the amount paid for the test shall be returned to the owner or
consumer. If the meter so tested shall be found to have no error in
registration (less than 1.5%, plus or minus) the payment shall be
retained by the Department as compensation for such test. The fee
for testing of meters shall be set by resolution by the Board of Trustees.[1]
[Amended 6-6-2022 by L.L. No. 6-2022]
[1]
Editor's Note: The current fee resolution is on file in the
office of the Village Clerk.
H.
In any case where an individual, corporation, or business has requested
an appointment for a water meter reading but cannot keep said appointment
for any reason, 24 hours' advance notice of the cancellation must
be provided to the Department of Public Works. If no such notice or
less than 24 hours' notice is provided, then the Department may charge
a meter reading fee. Said fee shall be established by resolution of
the Board of Trustees.[2]
[2]
Editor's Note: The current fee resolution is on file in the
office of the Village Clerk.
I.
The owner or consumer shall notify the Department of any damage to
or any cessation in registration of the meter as soon as it comes
to his knowledge.
J.
All new and replacement meter installations must be compatible with
the Village's current meter reading system and be approved by the
Village prior to the installation of the meter. The location of all
meters is subject to approval by the Superintendent of the Department
of Public Works or his designated representative.
A.
The Department shall extend water mains only when they are within
the corporate limits of the Village and when such extensions will
improve the distribution system. All other extensions will be installed
by the applicant for a water connection, with no expense to the Village,
and in accordance with all applicable rules and regulations. The office
of the Village Engineer reserves the right to employ an inspector
at the owner's expense to ensure that installation is in accordance
with specifications and regulations governing the installation.
B.
A plan of the proposed water main extensions, showing all hydrants
and valves, must be submitted to the office of the Village Engineer
for approval. This plan must be approved prior to the installation
of the main.
C.
Upon dedication and acceptance by the Board of Trustees after receiving
the Village Engineer's recommendation, all main extensions within
the corporate limits of the Village become the responsibility of the
Department.
D.
All main extensions installed by a water district outside of the
corporate limits of the Village remain the property of that water
district. Regardless of who constructed the main extension, if the
extension services customers located in the Village, applicable laws
of the Village and the rules and regulations of the Water Department
shall apply.
E.
The minimum size of main extensions shall be eight inches, unless
approved otherwise.
F.
When main extensions are proposed on private property, it is the
responsibility of the applicant to procure and deliver to the Village
Manager all necessary easement instruments, maps and descriptions.
The applicant will also be required to pay for the necessary title
search of all easements, insurance as to title, when required, and
the costs of recordation.
G.
The applicant shall guarantee the entire installation for a period
of 12 months following the official acceptance of the extension, and
shall make all necessary repairs that might be necessitated during
this twelve-month period. In the case of any emergency where Department
personnel perform repair work, the applicant shall repay the Village
for said work.
H.
Prior to the acceptance of the extension, the Village must be furnished
with an as-built plan, together with an acceptable maintenance bond
in an amount to be determined by the Village Manager and in a form
approved by the Village Attorney.
A.
All services, new and old, must have a water meter installed before
water service can be initiated.
B.
Once issued, the owner must assume responsibility for the water meter
under all circumstances, with the exception of mechanical failure.
If mechanical failure occurs, the owner will be held liable if the
mechanical failure was precipitated by any external influence on the
water meter.
C.
Prior to the issuance of a certificate of occupancy, a meter and
approved reader or transmitter must be installed and the curb box
must be plumb and accessible.
B.
No person other than one properly authorized to do so under the rules,
regulations and procedures of the Department shall take water from
any public or private fire hydrant, except for firefighting and fire-training
purposes, without first obtaining a written permit from the Department.
Upon issuing a single-use permit, the Superintendent of the Department
of Public Works shall designate the exact hydrant to be used and stipulate
the dates and times within which water may be drawn. A deposit, in
an amount set by resolution of the Board of Trustees, will be required
before such permit will be issued. In addition to the deposit, a fee
in an amount set by resolution of the Board of Trustees shall be paid
in advance for the estimated quantity of water to be drawn from the
hydrant. After the applicant has withdrawn the water, the deposit
will be returned to the applicant if, after examination, the hydrant
is found not to have been damaged and is in good working order. If
the hydrant is found to have been damaged, the expense of repairing
the hydrant will be deducted from the deposit. If damage exceeds the
amount of deposit, the amount will be assessed in addition to cover
cost of repairs. Permits may be revoked at any time at the discretion
of the Department.
A.
Shutoff of water for violation of rules. The water may be shut off
to an owner or consumer failing to comply with this article and/or
the rules and regulations of the Department adopted in implementation
thereof and will not be turned on again until satisfactory assurance
is given that the article and/or rules and regulations will be complied
with and all proper and necessary expense incurred in shutting off
and turning on of the water is paid in full. If the Department determines
that a shutoff is warranted, the Department will send the owner or
consumer notice outlining the outstanding rates and penalties that
are due and notifying him or her that water service will be shut off
if all outstanding charges are not paid within 5 days of receiving
the notice. Within that five-day period, the owner or consumer will
be afforded the opportunity to contest the Department's grounds for
the shutoff.
B.
Temporary shutoff. If the Water Department determines that service
must be temporarily shut off for any reason, the Department will provide
affected owners and consumers with at least 24 hours' advance notice,
except in emergencies. In such cases, there shall be a fee for such
service, in an amount set by resolution of the Board of Trustees.
C.
Emergency shutoff of water. Should it become necessary to shut off
the water supply due to a break in the water main or for other reasons
of an emergency nature, the Department shall have the right to temporarily
shut off the water supply for the duration of the emergency until
the repairs are made or the emergency is over without providing advance
notice to affected consumers; however, the Department will use all
reasonable and practicable measures to notify the consumers in advance
of such discontinuation of service. When an emergency shutoff is required,
the Department shall not be liable for any damage or inconvenience
suffered by the consumer as a result of the shutoff.
D.
Liability of Village.
(1)
The Village (including its employees and agents) shall not be liable
for any claim against it at any time for the interruption of service,
lessening of supply, inadequate pressure, poor quality of water or
any other consequences beyond its control.
(2)
The Village (including its employees and agents) shall not be liable
for any damages which may result to an owner's or consumer's pipes,
appliances, etc., from the shutting off of water mains or service
pipes for any purpose whatever, whether previous notice has been given
or not. No deductions from water bills will be made for periods when
the service is shut off.
E.
Cross-connections. No connection from any other sources of water
supply to any system of piping supplied by the Department shall be
made or maintained at any time and all rules of Section 5-1.3.1 of
Part 5 of the New York State Sanitary Code (as it may be amended or
supplemented from time to time) shall apply with regard to backflow
valves. Consumers having independent or auxiliary systems shall maintain
that system completely independent of the municipal supply at all
times. No interconnection of the water supply of this Department is
permitted with any pipe or structure which contains liquids, chemicals,
unsafe or otherwise unsatisfactory water or any other contaminating
substances except when such interconnection is installed and protected
in a manner satisfactory to the Department.
F.
Access to property. The Superintendent of the Department of Public
Works and all employees under his jurisdiction shall have free access
at reasonable hours to all parts of every building or place in which
meters are located and where water is or may be delivered or consumed.
Employees will carry with them proper identification denoting their
employment by the Department.
G.
Damage caused by breaks. The Department shall in no event be responsible
for maintenance of or for damage done by water escaping from the service
pipe or any other pipe or fixture on the outlet side of the curb stop.
The consumer shall at all times comply with state and municipal regulations
in reference to these pipes and shall make any change thereon required
on account of change of grade, relocation of mains or otherwise.
H.
Operation of valves. No person other than an employee of the Department shall operate or close any valves or corporation stops within the system or molest or interfere with any valve or valve box cover. Any person, other than an employee of the Department, who operates or closes any valves or corporation stops within the system, molests or interferes with any valve or valve box cover or otherwise tampers with the water system of the Village shall be subject to the penalties prescribed under § 223-13 hereof.
I.
Liability of owner. The owner of the property will in all cases be
held liable for all charges for water supplied to the premises. All
charges, penalties and fines shall become a charge and lien upon the
premises where the water was consumed and/or supplied.
J.
Waste of water. A consumer shall maintain his faucets, toilets and
service lines and all appurtenances in good working order and condition
and free of all leaks at his own expense in order to conserve water.
All water that passes through the meter will be charged to the owner,
whether the water is legitimately used or wasted through leakage.
K.
Illegal use of water. No person shall use any water from the water
system of the Village for any purpose other than that contemplated
at the time that the approval for a connection was given. No person
shall use any water from the water system of the Village for bottling
purposes, where the water so bottled is to be sold outside of the
limits of said Village, for irrigation purposes, for commercial icemaking
or to fill any pond, pool, lake or other body of water without the
permission of the Department.
L.
Service of notice. Service of any notice authorized or directed by
or on behalf of the Water Department may be made upon the owner or
consumer personally or by leaving the same at the premises where water
is supplied or by sending the same by mail to such party at the last
address provided.
A.
The Department shall have the right to reserve a sufficient supply
of water at all times in its reservoir and storage tanks to provide
for fire or any other emergencies and may restrict or regulate the
quantity of water used by consumers in case of scarcity or whenever
the public welfare may require it.
B.
Whenever it shall be determined by the Village Manager that a state
of emergency exists by reason of drought or damage to the public water
supply system, or that there is an insufficient supply of water or
that the water supply system is endangered by any other cause, then
he or she shall be empowered to make it unlawful to use water from
the Village water supply system for any or all of the following uses
as determined by the Village Manager. The Village Manager shall also
have the authority to relieve the restrictions when necessary. For
time periods after regular board meetings, the Village Board shall
consider the restrictions going forward:
(1)
Lawn sprinkling and sprinkling of shrubs, flower gardens and vegetable
gardens with a hose or sprinkler.
(2)
The washing of automobiles in any form, with the exception that windshields
and glasses necessary for the proper operation of the vehicle may
be washed or cleansed only.
(3)
The maintenance of water supply lines with bleeds on any dock or
structure or in any building for the purpose of maintaining a constant
flow to prevent freezing.
(4)
The filling of pools of all sizes and the operation of pools of all
sizes not recirculating water.
(5)
The operation or maintenance of automatic plumbing flush fixtures
or apparatus using a constant or fixed periodic flow. The flow from
such apparatus shall only be by manual operation when the fixture
or apparatus is in actual use.
(6)
The cleaning or washing of the outside of buildings or any structures
involving the use of water or steam in any form.
(7)
The use of hoses, spouts and similar pressure-bathing apparatus,
and no constant flow from showers or similar apparatus shall be maintained.
Operation of such apparatus shall be manual and only when the apparatus
is in actual use.
(8)
Any system of refrigeration or air conditioning having an individual
or collective capacity of six tons or greater, unless it shall be
equipped with a water-conserving device such as an economizer, evaporative
condenser, water-cooling tower or similar apparatus, which device
shall not consume for makeup purposes in excess of 5% of the consumption
that would normally be used without such device.
C.
In cases of extreme emergency, the Village Manager or his/her designated
representative shall have the power to declare a temporary water emergency
and to enact such restrictions and measures as are reasonably necessary
to protect the water supply.
A.
All fees, charges and rates, the amount of which is not specifically
provided for in this article, shall be the rates in force at the time.
A schedule of such fees, charges and rates shall be maintained by
the Village Manager and be available for examination in his office.
The Village Manager reserves the right to amend rates from time to
time by resolution of the Village Board.
B.
The Department will cause each water meter of persons using water
from the water system of the Village to be read four times per year.
C.
Upon completion of the readings referred to in § 223-12B, the Village Manager will cause to be sent to each user of water a statement showing the amount, in dollars and cents, owed to the Village and, further, a statement showing the computation thereof.
D.
Bills will be rendered quarterly, unless the Village Manager, in
his discretion, fixes a different payment schedule with respect to
any owner or consumer.
E.
The Department will transmit bills via United States Mail or email,
but delivery of such bills to the proper person is not guaranteed.
If the property owner does not receive a bill via United States Mail
or email, the property owner is still obligated to pay the bill by
the due date.
[Amended 2-19-2019 by L.L. No. 3-2019]
F.
Penalties for nonpayment of charges.
[Amended 12-7-2020 by L.L. No. 11-2020]
(1)
The following penalties are prescribed for failure to pay water charges,
after the levy thereof:
(a)
No penalty shall be assessed if charges are paid by the due date
set forth on the bill.
(2)
If the water charge is not paid by the due date set forth on the
bill, a penalty of 5% of the amount due shall be assessed, and a further
penalty of 1% shall be added for each succeeding month or any portion
thereof in which the water rents are not paid. Thereafter, on the
next succeeding April 15, the Village Treasurer shall cause any said
unpaid water rents and penalties thereon more than 60 days overdue
to be added to the Village tax bills. Said water rents and penalties
shall constitute a lien on the real property so affected. Partial
payments covering a portion of a bill will be accepted, provided that
such payments shall be applied first to penalties, and the unpaid
water charges will continue to accrue penalties at the rate of 1%
per month until paid.
