[HISTORY: Adopted by the Board of Trustees of the Village of Chester 11-27-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 79.
Street excavations — See Ch. 82, Art. V.
A. 
The management of the water system shall be under the supervision of the Board of Trustees.
B. 
No person shall make or have in existence any attachment to or connection with any of the pipes or mains of the Village, nor make any repairs, additions or alterations to the service pipes, except on the consumer's side of the meter, without prior written notice to the Village, and no pipes shall be covered until said repairs, additions or alterations have been inspected and approved by a representative of the Village.
C. 
All persons who hereafter make applications for water service or who continue the use of the water service after the taking effect of this chapter will be deemed to have assented thereto and to have agreed to conform to the provisions of this chapter and to pay the water rents hereby established.
A. 
Written application for water service to any premises must be filed with the Village Clerk on a form provided for such purpose. This must be properly submitted with the correct fee before any tap permit will be considered.
B. 
In the event of the transfer of ownership of any property, the new owner must file such application for water service.
C. 
An application that requires a tap permit must be accompanied by the tapping fee determined by the head of the Water Department.
[Added 6-12-1995 by L.L. No. 9-1995]
D. 
Water required for construction or other temporary purpose shall only be used after written application to the Board of Trustees for permission to use the same, and the Board shall have the right and power to fix such terms as the Board may deem proper for such temporary use, including the requirement that any water shall be properly metered. The Board or its duly designated agent may estimate the cost of the proposed water usage and require the applicant to make a deposit to cover such cost.
[Amended 6-12-1995 by L.L. No. 9-1995]
A. 
The Village will lay and maintain service pipe from the main to the curb cock.
B. 
Service pipe from the curb cock to the meter shall be laid at least four feet below the ground at all points and shall be of Type K copper tubing with no soldered joints permitted underground. The size of any service pipe hereafter installed shall be 3/4 inch in diameter. Any other size must be approved by the Village Board.
[Amended 4-24-1972]
C. 
No tee or other fitting through which water can be taken will be permitted on the service pipe between the main and the meter.
D. 
Outdoor meter pits may be installed in special cases on written approval of the Village. Such meter pits must be installed in accordance with Village specifications and at the expense of the property owner. Any consumer wishing an outdoor water meter reader may do so upon approval of the Village Board and at the expense of the property owner.
E. 
No branch will be allowed to be inserted in any service pipe without a written permit from the Village. Where branches already exist not provided with stop or curb cocks, in case of default in payment of water rent by any one customer, the main service may be cut off until the back charges are paid, and the Village shall not be liable for damages to any other customer who may thus be deprived of water.
F. 
No pipe or fixture connected with the mains of the Village shall also be connected with pipes or fixtures from any other source unless specifically approved by the Village Board and Department of Health of the State of New York and unless an acceptable backflow preventor is installed as approved by the Village.
[Amended 6-12-1995 by L.L. No. 9-1995]
G. 
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the consumer shall promptly lower or raise his service pipe to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge designated in § 95-10D will be made to cover the labor and expense to the Village resulting from the consumer's failure to do so.
H. 
In all places where steam boilers, hot-water tanks and refrigerating or air-conditioning units are supplied with water from the water system, the owner or consumer must see that the plumber places a suitable safety valve, vacuum valve or other proper device to prevent damage from collapse or explosion when the water is shut off. The Village shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.
I. 
Upon direction of the Village Board or its designated agents, backflow preventors shall be installed at the expense of the property owner on service pipes connected to the Village water system. The type of backflow preventor and its installation shall be subject to the approval of the Village Board or its designated agent. In the case where any property owner shall fail or neglect to make such installation promptly in accordance with the requirements of the Village Board, the supply of water to such property shall be shut off until the installation is completed and a charge designated in § 95-10D will be made to cover the labor and expense of the Village resulting therefrom.
[Added 6-12-1995 by L.L. No. 9-1995]
J. 
Water service pipes and water main types, installation and materials shall conform to the specifications set forth by the Village Water Commissioner, as approved by the Village Board.
[Added 8-14-2006 by L.L. No. 1-2006]
K. 
Service pipe water leaks on the customer side of the curb valve must be repaired within five days of receipt of written notice of said leak. A fee of $25 per day may be assessed against the consumer beginning on the sixth day after receipt of notice until the leak is repaired. If the service pipe leak is an amount equal to or greater than three gallons per minute, water service shall be suspended until such time as the leak has been repaired.
[Added 8-14-2006 by L.L. No. 1-2006]
A. 
The Village will supply and install one meter in each existing property at the expense of the Village. Each additional meter, or new home meter, and the cost of installation thereof shall be paid for by the consumer. All meters shall be installed by the Village of Chester Water Department.
[Amended 6-12-1995 by L.L. No. 9-1995; 8-14-2006 by L.L. No. 1-2006]
B. 
In the event that the pipes of the consumer are not in proper condition for the installation of a meter, the consumer shall cause said pipes at the point which said meter is to be installed to be put in proper condition prior to the installation of said meter.
C. 
Each building or part thereof having unrelated occupancy or separate or distinct use shall, at the option of the owner, have a separate meter, but said meter shall be secured from the Village and paid for by the owner, together with the cost of installation thereof. Said meter shall be installed under the direction and to the satisfaction of the Village.
D. 
Each building or part thereof having unrelated occupancy or separate or distinct use shall be charged the Village's minimum water use charge for each such use for water billing purposes, regardless of the number of meters present on the property.
[Added 8-14-2006 by L.L. No. 1-2006]
A. 
Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given to the Village. If the meter is not of the type commonly provided by the Village, the owner shall test, repair or replace the meter at his own expense as directed and approved by the Village. If the meter is of a type commonly provided by the Village, another meter will be loaned and installed during the time required for testing and repair. The Village will cause the meter to be tested, and if the meter on test is found to be registering over 3% more water than actually passes through it, no charge will be made for the test if the test was requested by the owner. Otherwise, a charge as designated in § 95-10D to cover the cost of removing, testing and resetting the meter will be made to the consumer requesting such a test.
[Amended 6-12-1995 by L.L. No. 9-1995]
B. 
If a meter is out of order and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order.
C. 
No seal placed by the Water Department for the protection of any meter, valve or other water connection shall be tampered with or defaced. If any seal is broken, the Water Department reserves the right to remove and test the meter at the customer's expense.
A. 
The consumer shall protect all service pipes, meters and appurtenances from damage by frost or freezing.
B. 
The owners of premises into which water is introduced by a service pipe shall be required to maintain in perfect order and repair, at the owner's expense, the said service pipe and its fixtures and appurtenances from the curb box to and into the premises. At the direction of the Village Water Department, the owner shall pressure test the service pipe, its fixtures and appurtenances. If the result of the test shall fail to satisfy the Village Water Department, the owner shall make the necessary repairs or replacements as directed by the Village Water Department. Before the Village upgrades its mains and service line to a curb stop, the owner may be required to upgrade the service pipe, its fixtures and appurtenances.
[Amended 6-12-1995 by L.L. No. 9-1995]
C. 
The customer shall notify the Village promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered.
A. 
No person shall open, interfere with or draw water from any fire hydrant in the Village without a written permit from the Village therefor, except that hydrants may be opened by or on order of any member of a Fire Department within the Chester Fire District in case of fire for the purpose of attaching thereto fire hose and equipment.
B. 
Whenever a hydrant has been opened and used, notification of such fact shall be promptly given to the Village.
C. 
No tools or implements shall be used to open hydrants except such as are furnished by the Village or Fire Department.
A. 
Notice in writing delivered to the Village Clerk at least 10 days before the semiannual billing date shall be required in all cases of applications for discontinuance of water service; otherwise the consumer shall be liable for the minimum charge for the following half year.
B. 
In case a building is to be closed or become vacant, notice thereof shall be given to the Village in order that meter may be read and curb cock closed. The meter shall be removed and stored by the Village. Where such notice is not given and pipes burst from freezing or other cause, or where the meter is damaged or destroyed by any act of commission or omission of the owner, the value of the water lost by reason thereof as estimated by the Village, together with the cost of repair of said meter and pipes, together with the additional sum designated in § 95-10D, shall be paid prior to the installation of a new meter in said building.
C. 
The Village may discontinue water service and shut off the supply from any premises the owner or occupancy of which has failed to comply with the provisions of any ordinance relating to the character or construction and maintenance of pipes and connections and the use of water. Such service will not be resumed until the cause for such discontinuance is removed and the expense of shutting off and turning on the water, if any, is paid to the Village Clerk.
D. 
No person shall close or interfere with any curb cock except by direction of the Village, nor shall it be turned on without the permission of the Village.
A. 
The Village or its authorized agents shall have full power to enter premises of any consumer at all reasonable hours to install meters, read meters and examine the fixtures, plumbing and manner of using water.
B. 
The Village reserves the right to limit the amount of water furnished any consumer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said Village may entirely shut off the water supply used for any manufacturing purposes or for furnishing power or for lawn sprinkling, car washing, outside use or as otherwise adopted by regulation of the Village Board of Trustees, at any time, by giving reasonable notice of such intended action, or in case of making or constructing new work or in making repairs or in emergency, the right is reserved to shut off water from any consumer without notice for as long a period as necessary.
C. 
The Village shall not be liable for any damage or loss of any name or kind to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever.
D. 
The right is reserved to amend this chapter and make contracts in all proper cases or to turn off the water supply without notice in case of extensions, repairs or other necessity, without liability for damages for lack of water or for any damage which may result from the turning off of the water supply.
E. 
Whenever any of the provisions of this chapter are violated, the water supply may, in the discretion of the Village, be shut off and the meter removed.
A. 
The water rents and schedule of charges for water shall be in such amounts as the Board of Trustees may establish from time to time by resolution of the Board at a regular meeting thereof. Said schedule of rates and charges shall be posted in the office of the Village Clerk and shall be in effect 30 days after adoption of the resolution. Said schedule may include annual charges for taps for fire sprinklers or private fire hydrants.
[Amended 6-12-1995 by L.L. No. 9-1995]
B. 
All water rent charges to consumers located outside of Village boundaries must be paid in full within 30 days from the invoice date or water service will be discontinued and service will not be resumed until approved by the Village Board.
C. 
The cost of the meter and the service pipe from the main to the curb cock, including the installation of the meter and curb cock, to be paid upon application for water service, including the minimum charge, shall be fixed by the Water Commissioner in accordance with current cost for equipment, materials and labor.
[Amended 5-26-1981 by L.L. No. 11-1981]
D. 
Service charges shall be in the amounts required by Chapter 47 of the Code.
[Amended 5-26-1981 by L.L. No. 11-1981; 12-14-1987 by L.L. No. 2-1987]
E. 
The testing of backflow prevention devices for consumers located outside the boundaries of the Village shall be performed on an annual basis either by an independent contractor certified to test backflow prevention devices, hired and paid for by the consumer, or by a Village employee certified to test the same, and the fee for which shall be paid by the consumer at a rate of $100 per test.
[Added 8-14-2006 by L.L. No. 1-2006]
A. 
The Village will endeavor to read each meter at regular intervals. The Village reserves the right to district the Village for this purpose, each with a separate billing period. The Village will then maintain on file a map showing the districts and the billing period for each such district. The Village also reserves the right to alter such districts and billing periods in the interest of economy and efficiency.
[Amended 6-12-1995 by L.L. No. 9-1995]
B. 
Bills shall then become due and payable within the month indicated on the bill without penalty, and such payment shall be made to the Village Clerk.
C. 
There shall be charged a penalty on past due water rents at the rate of 5% thereof for the first month after same shall become due, and an additional charge of 1/2 of 1% for each month and fraction thereof thereafter until paid or included in the annual Village tax levy.
D. 
If such bill remains unpaid for a period of 60 days from the invoice date, water service may be discontinued until such bill, together with penalties hereinbefore provided and together with the charge designated in § 95-10D to cover the expense of discontinuance and restoration of service, is paid. This discontinuance is to be at the discretion of the Village Board.
E. 
Water rents and charges and penalties thereon shall be a lien upon the real property upon which the water is used and may be collected in accordance with § 229 of the Village Law.[1]
[1]
Editor's Note: See now § 11-1118 of the Village Law.
[Amended 5-26-1981 by L.L. No. 11-1981]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
[1]
Editor's Note: Original § 12.1 of the ordinance adopted 11-27-1967, which immediately preceded this section and designated certain violations of this chapter as disorderly conduct, was deleted 5-26-1981 by L.L. No. 11-1981.
[Added 8-14-2006 by L.L. No. 1-2006]
A. 
No consumer located outside the Village boundaries shall make or have in existence any attachment to or connection with any of the pipes or mains of the Village without prior written permission from the Village Board.
B. 
No consumer located outside the Village boundaries may expand the scope and use of the Village's water, pipes or mains beyond what is permitted by agreement in writing between said consumer and the Village Board.