Village of Castleton-on-Hudson, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Castleton-on-Hudson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 164.
[Adopted 12-14-1998 by L.L. No. 7-1998[1]; amended in its entirety 1-25-1999 by L.L. No. 1-1999]
[1]
Editor's Note: This local law superseded former Ch. 204. Water, which consisted of the following; Art. I, Waterworks Rules and Regulations, adopted 1-27-1930 by Ord. No. 6, as amended; Art. II, Watershed Regulations, adopted 7-12-1955; Art. III, Water Meters, adopted 10-23-1969, as amended; Art. IV, Water Service Pipes, adopted 2-12-1996, as amended; Art. V, Water Use Restrictions, adopted 6-9-1997 by L.L. No. 2-1997, as amended.
A. 
The Village of Castleton-on-Hudson is herein referred to as "the Village." Its representatives are the officials and employees of the Village of Castleton-on-Hudson with responsibility for operation of the water system.
B. 
The Village undertakes only to use diligence and care to provide a constant supply of water. In the event of interruption of the supply, the Village shall not be liable for any resulting damages. The Village reserves the right to shut off the water in its mains at any time without notice.
C. 
The mains, pipes and lines of the water system may be tapped, and taps and valves and other equipment of the system, including curb box valves, operated only by representatives of the Village or others with specific arrangements.
D. 
The property, equipment, supplies and other water resources of the Village, including the water supplied, are not available to anyone for their personal use, except as provided for in these rules and regulations.
E. 
Use of water system resources by other jurisdictions or institutions may be approved only by the Castleton-on-Hudson Village Board upon its finding that such use serves the interest of the water system and its users.
A. 
Application for the use of water may be made at the Village Hall by the owner or authorized agent of the owner of the property to be served. Water shall only be furnished for uses as approved by the Village Board.
B. 
Applications must be accompanied by a payment in accordance with attached fee schedule.[1] The fee must be paid for in full for the application to be considered complete.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
A. 
The Village or a contractor shall furnish and install a tap. The Village shall maintain the tap on a water system main, a line from the main to the curb box no more than 10 feet from the property line adjacent to the main and a curb box with cap and stem. The line installed will be for a distance no greater than the width of the right-of-way of the street or road in which the main is located. Any line of greater length and any other materials, equipment and labor in connection with the installation and maintenance of service must be approved by the Village Board and provided and paid for by the applicant.
[Amended 3-10-2014 by L.L. No. 3-2014]
B. 
The Village or the homeowner will install a standard meter, as specified by the Village Board, in the structure where the water is to be used. The meter must be in plain view from a standing position without any obstructions to access for reading, removal or servicing and shall be installed near the waterline entrance so as to register all water used. The meter and related readers or other accessories must be installed in accordance with manufacturer's instructions and Village guidelines.
[Amended 12-10-2012 by L.L. No. 4-2012; 3-10-2014 by L.L. No. 3-2014]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding meters with a warranty period, as amended 12-10-2012 by L.L. No. 4-2012 and 3-10-2014 by L.L. No. 3-2014, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
By accepting water service, the property owner assumes responsibility to maintain and protect from abuse and damage all equipment related to the water system and maintain the visibility and accessibility of the curb box stem at all times, and also to comply with the rules and regulations contained herein.
A. 
A minimum payment, per attached fee schedule,[1] is payable in advance and is nonrefundable.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B. 
Metered water usage is billed quarterly as follows:
[Amended 12-10-2012 by L.L. No. 4-2012; 6-10-2013 by L.L. No. 1-2013]
(1) 
Village properties: Those wholly within the municipal boundaries of and appearing on the real property assessment role of the Village of Castleton-on-Hudson. The first 10,000 gallons is covered by the minimum charge. Additional consumption is at the rate listed on the attached fee schedule.[2]
[2]
Editor's Note: The fee schedule is on file in the Village offices.
(2) 
Out-of-Village properties: All those other than Village properties. The minimum charge and fee schedule for properties located outside the Village are both listed on the attached fee schedule.[3] Estimated bills will be rendered in any case when a user does not provide reasonable access for water system representatives to read, service and seal the meter.
[3]
Editor's Note: The fee schedule is on file in the Village offices.
A. 
Bills will be rendered quarterly by the Village on June 1, September 1, December 1 and March 1. Reasonable effort will be made to assure that each property owner is made aware of what is owed for their service, but it is the property owner's responsibility to be aware that payments are due, and when, determine what they are and make payment in accordance with the rules of the Village.
[Amended 12-10-2012 by L.L. No. 4-2012; 6-10-2013 by L.L. No. 1-2013]
B. 
Payments made after 30 days from the billing date must include a penalty of 10% of the unpaid bill.
[Amended 12-10-2012 by L.L. No. 4-2012]
C. 
Unpaid water system bills are a lien upon the real property upon which or in connection with which the water was used. Village properties water system bills that are delinquent as of April 30 of each year will be placed in the annual tax rolls and collected with the Village property tax. An administrative fee of $50 will be added to all water system bills to be re-levied.
D. 
Partial payments will be accepted. Payment will first be applied to accrued penalties with the remainder applied to fees, water service and other charges. Interest shall continue to accrue at the default rate. Any remainder by April 30 of each year will be considered delinquent and subject to the rules and regulations regarding delinquent payments. A property owner shall not be eligible to make partial payments where there has been a failure to pay the remainder by said April 30 date.
[Amended 10-9-2012 by L.L. No. 2-2012]
E. 
Water users that are delinquent in the payment of their water fees shall be responsible for the payment of all litigation costs, including attorney fees and all other amounts per the fee schedule, which can be amended by resolution.[1]
[Added 10-9-2001 by L.L. No. 2-2001; amended 12-10-2012 by L.L. No. 4-2012]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[Amended 3-10-2014 by L.L. No. 3-2014]
Water meter readings will be taken quarterly, or as otherwise determined by the Village Board, by Village personnel at a time determined by the Village, or at the discretion of, and under conditions stipulated by, the Village Board.
A. 
The Village Board reserves the right to order the restrictions to and/or the discontinuance of various uses of water whenever and for whatever period it deems necessary to the interests of the water system and its users. If a user fails to comply with such an order, the Village may stop the supply of water to that user without further notice or take such other action as is reasonably necessary.
B. 
Users may not permit water to run to waste or supply it to others.
A. 
If the Village Board determines that there has been a violation of any of these rules and regulations, after conducting the hearing as described below, it may discontinue water service to the property. If the violation constitutes a failure to install a water meter, the Village shall have the added option of charging the property 150,000 gallons, per unit, as the usage for every year in which the meter is not installed.
B. 
Persons and/or properties shall be notified via first class mail that the Village Board finds them to be in violation of one or more provisions of these rules and regulations. Said notice shall detail the violation and provide the date and time for which the person(s) may contest the violation before the Village Board.
C. 
If, after each hearing, the Village Board then determines that the violation warrants discontinuance of service, said person(s)/property owner shall be provided with additional written notice provided by certified mail of the Board's decision. Said property owner(s) and all persons living in the property will be provided the time and date in which they may contest said decision before the Village Board and/or bring to the attention of the Village Board any facts which they believe mitigate such discontinuance.
D. 
If the Board decides after that meeting that discontinuance of service shall result, the property owner will be advised by both certified mailing and the posting of said notice upon the door of the property. Said notice shall provide the date and time in which service shall be discontinued. In no event shall the discontinuance be sooner than seven days from the date the notice is served as aforesaid.
E. 
The following list shall constitute violations of the rules and regulations contained herein. This list is not to be an exclusive list. Water service to a property may be discontinued for any of the following reasons:
(1) 
Use of water other than as represented at the time of application.
(2) 
Willful waste or use of water through improper or imperfect pipes or any other means.
(3) 
Abuse of or damage to any service pipe, seal or other apparatus owned by the Village.
(4) 
Nonpayment of water bills rendered by the Village.
(5) 
Cross-connection of pipes carrying water supplied by the Village with those carrying water supplied from any other source or with an apparatus which may endanger the purity or quality of the water system supply.
(6) 
Failure to provide representatives of the Village reasonable access to the property being served for the purpose of inspecting piping or for reading, repairing and testing meters.
(7) 
For submetering or reselling water except to tenants as in the case of multiple-dwelling units identified in the application for service.
(8) 
Use of any water except as provided for in these rules and regulations. Violation of the general restrictions on use of water or any other provisions of these rules and regulations.
(9) 
Any person or entity violating any of these provisions, in addition to discontinuance of service, shall be subject to imposition of fees, charges and penalties as set forth in fee schedules.
(10) 
Failure to install a Village-approved water meter.
(11) 
Failure to comply with water limitations imposed by the Village or any other governmental authority.
F. 
The Village reserves the right to shut off the supply of water to vacant properties. In such cases, the property owner will be subject to the same provisions of these rules and regulations as those whose water was shut off for violation of these rules and regulations.
G. 
In the event of termination of service, all fees, charges and costs owed to the Village for water by the user must be paid in full and the fee for reinstatement of service paid in advance before service may be reinstated.
A. 
The charge for turning water service off or on, other than initially, will be, for each, the actual cost to the Village with a minimum set forth in the fee schedule.[1] This will be in addition, but not limited, to any cost of locating the curb box.
[Amended 3-10-2014 by L.L. No. 3-2014]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B. 
Property owners will be charged for the cost to the Village for repairing or replacing a meter installed on their property that was damaged by abuse or neglect, including but not limited to freezing or hot water backup.
C. 
Any adjustments of bills or estimated bills necessitated by the user's failure to comply with these rules and regulations will be subject to an administrative fee set forth in the fee schedule. This includes, but is not limited to, failure to provide Village representatives reasonable access to the meter, resulting in the rendering of an estimated bill.
[Amended 3-10-2014 by L.L. No. 3-2014]
D. 
Inactive taps on vacant lots will not be charged an annual minimum bill but shall be subject to annual capital charges. However, when service is restored, a surcharge of the actual cost will be charged.
No meter seal may be broken or a meter removed without the written permission of the Village. Any seal broken with permission of the Village must be resealed by the Village personnel within five days or the user will be subject to a charge of 1,000 gallons per day usage. Any user who removes a meter with permission of the Village for construction or other reasonable purpose shall be billed at the rate of 100 gallons per day per person in residence for the period the meter is disconnected to a maximum of one week.
A. 
All those parts of the installation of a water service that are the responsibility of the property owner must comply with specifications established by the Village of Castleton-on-Hudson.
B. 
Property owners are advised to verify with the Village that service is available at their location before contracting for a hookup. Also, installation plans should be approved beforehand by the Village representatives in order to avoid problems later.
C. 
Before work begins, Dig Safely New York must be called at 811, to have underground lines located before work begins.
[Amended 3-10-2014 by L.L. No. 3-2014]
D. 
The Village reserves the right in all cases to stipulate the size, type and quality of service lines to be used.
E. 
All service lines shall have a minimum cover of 48 inches below the surface of the ground and in no case will any waterline be laid in a sewer or drain trench, nor will any drainage into a waterline trench be permitted.
F. 
All water service pipes through two inches shall be K copper. Meters larger than two inches to be furnished by the owner to meet Village of Castleton-on-Hudson specifications.
[Amended 3-10-2014 by L.L. No. 3-2014]
G. 
All water service installation work must be inspected by representatives of the Village while the trench is open, and the property owner will supply to the water system a map that locates the curb box by measurement from the corners of the structure where the meter is located before a certificate of use will be issued.
H. 
Acceptable hydrants are Mueller® Super Centurion® with 5 1/4 inch main valve, two 2 1/2 inch hose nozzle, and one 4 1/2 inch pumper nozzle.
[Added 3-10-2014 by L.L. No. 3-2014]