Town of Yorktown, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted 10-17-1989 by L.L. No. 20-1989]
It is recognized that a water utility must employ standards and a system of practices to serve the public in all orderly and effective manner. The supplying of water to a populace from a common pipe system is a communal function. The water utility and the individual consumer is involved in business transactions and other obligations which mutually affect not only the individual and the utility but also all others in a community. The purpose of this article is two fold: first, to define the authority and responsibility of all water department personnel in their relations with the consuming public; and second, to provide the consuming public with a written statement of conditions under which water service will be furnished and continued by the Town Board.
The following regulations shall be considered as part of the contract of the Water Department by and on behalf of the Town Board, Town of Yorktown and binding upon every person who takes water supplied by the Town.
As used in this article, the following terms shall have the meanings indicated:
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present which, if introduced into the public water supply system, could be a nuisance to other water customers, but would not adversely affect human health. A typical example of such substances is stagnant water from fire lines in which no chemical additives are used.
AIR-GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.
APPLICANT
The owner of property or agent applying for water service.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g., clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE-CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable leak-detector drains plus connections available for testing the watertightness of each check valve. This device must be approved as a complete assembly by the New York State Department of Health.
APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air-gap in the device. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must also be approved as a complete assembly by the New York State Department of Health.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public supply.
BAROMETRIC LOOP
A loop of pipe rising approximately 35 feet, at its topmost point, above the highest fixture it supplies.
BILLING PERIOD
With respect to any subscriber, a billing period shall consist of a period of four calendar months, as established by the Water Department.
[Added 10-16-2001 by L.L. No. 11-2001]
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is certified by the New York State Department of Health for the testing of backflow prevention devices. He shall be provided with an appropriate identification card. Failure to perform his duties competently and conscientiously will result in prompt withdrawal of this certification.
CROSS-CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
CUSTOMER
The owner or agent of record receiving water services from the Town. A purchaser or party who otherwise acquires a home or other property with existing water services shall not be considered a customer for purposes of § 280-15D(3).
[Amended 8-7-2007 by L.L. No. 11-2007]
DATE OF PRESENTATION
The date upon which a bill or notice is mailed or delivered personally to a customer.
DELINQUENT ACCOUNT
Any account having outstanding delinquent bills.
[Added 10-16-2001 by L.L. No. 11-2001]
DELINQUENT BILL
Any bill not paid in full by its due date.
[Added 10-16-2001 by L.L. No. 11-2001]
DOMESTIC SERVICE
Provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, watering livestock, washing vehicles and other similar and customary purposes.
DUE DATE
The due date for payment of any water bill shall be one month from the date of the billing statement.
[Added 10-16-2001 by L.L. No. 11-2001]
FIRE-PROTECTION SERVICE
Provision of water in measured quantities.
HAZARDOUS FACILITY
A facility in which substances may be present which if introduced into the public water system would or may endanger or have all adverse effect on the health of other water customers. Typical examples are laboratories, sewage treatment plants, chemical plants, hospitals and mortuaries.
MAIN EXTENSION
Extension of distribution pipelines, exclusive of service connections beyond existing facilities.
MAINS
Distribution pipelines located in street, highways or public ways which are used to serve the general public.
METER RATE SERVICE
Provision of water in measured quantities.
MUNICIPAL OR PUBLIC USE
Provision of water to a municipality or other public body.
NONHAZARDOUS FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PREMISES
The integral property or area, including improvements thereon, to which water service is or will be provided.
SERVICE AREA
That area in which service is or will be furnished, as prescribed and approved by the Water Resources Commission, Conservation Department, State of New York, in decision dated May 15, 1934.
SERVICE CONNECTION
The pipe, valves and other facilities by means of which water is conducted from distribution mains to the curb stop or shutoff valve at the property line.
TARIFF SCHEDULE
The entire body of effective rates, rentals, charges and regulations.
TEMPORARY SERVICE
A service for circuses, bazaars, fairs, construction work, irrigation of vacant property and similar uses and, because of their nature, consumption or use will not be regular or permanent.
A. 
A vacuum breaker which is designed so as not to be subjected to static line pressure.
B. 
A vacuum breaker designed to operate under conditions of static line pressure.
WATER SUPERVISOR
The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connections and other sanitary defects, as required by regulations and laws.
A. 
Supply. The Water Department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to a customer at a proper pressure and to avoid any shortage or interruption in delivery. The Department has, however, the right to limit the amount of water to be furnished.
B. 
Quality. The Department will endeavor to furnish a safe and potable water for human consumption at all times as per New York State Health Department standards.
C. 
Types of service. The types of service available from the Department are:
(1) 
Metered.
(2) 
Temporary.
(3) 
Fire.
D. 
Water accounts shall only be issued to deeded owners of a serviced premise.
E. 
Privately owned complexes. The Water Department is not responsible for providing maintenance services to privately owned complexes. However, the Water Department can be contacted if there is an emergency that requires immediate attention that a plumber cannot provide. The charge for this service is an amount per request as set forth in the Master Fee Schedule.[1] Additional overtime charges may apply.
[Added 9-1-2009 by L.L. No. 12-2009; amended 6-6-2017 by L.L. No. 9-2017]
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
A. 
Application.
(1) 
All applications for the use of water must be made in writing on forms provided by the Water Department. On acceptance by the Water Department, the application shall constitute a contact between the Town Board and the applicant, obligating the applicant to pay the Department its established rates and to comply with its rules and regulations.
(2) 
An application will be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served. However, acceptance of an application shall in no way obligate the water district to extend its mains to serve the premises, unless as otherwise excepted herein.
(3) 
If a water main is located within a Town, state or county right-of-way, it will be the applicant's responsibility to obtain all necessary permits from the Town, state and/or county.
(4) 
A separate application must be made for each of the following:
(a) 
Each dwelling unit or building under one roof owned or leased by one customer and occupied as one residence or one place of business (may be waived by Water Superintendent if master metering is more beneficial to the Town of Yorktown).
(b) 
Each premises to be used as a place of business.
(c) 
Each combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family, or one corporation or firm, as a residence or place of business.
(d) 
Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family or one firm, as a residence or place of business.
(e) 
Each, building owned or leased by one customer having a number of apartments, offices or lofts which are rented to tenants and using, in common, one hall and one or more means of entry.
(f) 
Each building one or more stories high under one roof, owned or leased by one customer having an individual entrance for the ground floor occupants and one for the occupants of the upper floors.
(g) 
Each apartment owned by one individual or firm and located in one common enclosure.
(5) 
Submetering will not be permitted.
(6) 
Application for temporary services. Application for temporary services of contractors, builders and others for temporary service will be supplied, provided that it does not interfere with use of water for general purposes.
(a) 
A permit must be obtained from the Water Department.
(b) 
The quantity of water taken for such purposes shall be determined either by meter or estimate and paid for in accordance with the rate schedule applicable to metered general purposes.
(c) 
Customers requiring temporary water service shall assume all expenses, incurred in connecting the customer for temporary water service.
(7) 
Mandatory plumbing plans. Where service is desired for multiple dwelling buildings and/or commercial or industrial use, a detailed plumbing plan showing service supply, fixtures and equipment and any and all other water use facilities must be submitted at the time of application.
(8) 
Reserved rights under application. The application is merely a written request for service and does not bind the applicant to take service for any particular length of time nor does it bind the Department to give service, except under reasonable conditions.
(9) 
Modifications from applied for services. Any customer making any material change in the size, character or extent of the equipment used in the supply of water in the use of water or service supplied or whose change in water use results in a large increase or decrease in the use of water shall immediately give the Department written notice of the nature of the change and, if necessary, amend the filed application. The owner will be responsible for the cost of any change of installations brought about by such change in demand.
Contracts, other than or in addition to applications, may be required prior to service under the following conditions:
A. 
When construction of special extensions facilities is necessary.
B. 
For temporary service.
C. 
For standby service or fire service.
D. 
For service to premises at elevations higher than that at which the existing system will adequately furnish 20 psi at the ground floor.
Each contract for water service shall contain the following provision:
This contract shall at all times be subject to changes or modifications by the Town Board, as said Board may from time to time direct in the exercise of its jurisdiction.
A. 
Notices to customers. Notices from the Department to a customer will normally be given in writing and either delivered or mailed to him at his last known address. Where conditions warrant and in emergencies, the Department may resort to notification either by telephone or messenger.
B. 
Notices from customers. All required notices from the customer to the Department may be delivered by the customer or his authorized representative, in writing, to:
(1) 
The Department operating office.
(2) 
An employee of the Department, if duly authorized to accept said notices.
(3) 
An agent duly authorized to receive notices or complaints.
C. 
Other notices. Announcements such as fire hydrant flushing and/or road closures will be advertised on the Town's government channel and website. A notice may also be published in one of the local newspapers (i.e., North County News; Journal News, etc.).
[Added 9-1-2009 by L.L. No. 12-2009]
The Department reserves the right in all cases to determine the size, type and location of service to be rendered and the metering to be used. The applicant shall install all service piping from the water main, including the curb stop and curb box. The expense of installation shall be borne by the owner of the premise served (the charge for the installation of meters shall be paid in advance at the Receiver of Taxes office at the rates as established by the Town Board). All curb boxes shall be set at the applicant's property line.
A. 
Service connections. All water service connections shall be constructed at right angles to the main along their entire length into the premises served wherever possible.
(1) 
For service connections sized 3/4 inch through two inches in diameter, Type K soft copper water tubing and flared fittings, as approved by the American Water Works Association (AWWA), shall be used from the distribution main to the premises. The service connection at this water main shall be installed by the owner, at the expense of the owner.
(2) 
For service connections sized over two inches in diameter, ductile cement-lined iron pipe shall be used and installed per specifications of the AWWA. The service connection at the water main shall be installed by the owner, at the expense of the owner.
(3) 
All service connection pipes will be required to be laid at a depth of not less than four feet and no more than five feet below finished grade, along their entire length. No service connection shall be permitted to be laid within 10 feet of a sewer, gas, steam, electrical or other conduit along any part of the entire length of such connection from the main to the building being serviced.
(4) 
Water service connections shall not be installed from December 1 to April 1, except by special written permit from the Water Superintendent.
(5) 
The Department, at its expense, will maintain the service pipe and service connection from the main to the curb shutoff (exception: fire-protection service).
B. 
Service on applicant's property.
(1) 
The applicant shall install the connecting pipe from the curb box shutoff to the premises, and a water control valve to be located inside the building wall. The above shall be properly maintained and replaced when necessary. The installation and maintenance of the above shall be in accordance to the satisfaction of the Water Department. The minimum size, materials, depth of cover and method of construction shall be as herein specified by the Water Department. If any defects or deficiencies in workmanship or materials are found, or if the customer's service pipe has not been installed in accordance with the specifications set herein, water service will not be turned on and/or continued until such defects and/or deficiencies are remedied and within five days after written notification. The above water service equipment shall be furnished and installed at the expense of the applicant.
(2) 
All service pipes shall lead directly into the premises and shall be extended only beyond the entrance wall to a point where the water is controlled and metered. Said metering location shall be as close to the entrance wall as possible. The Water Superintendent shall designate the location of all said meters.
(3) 
The curb stop, curb box, service pipe from the curb stop into the premises and any and all fixtures used for supplying water shall be required to be maintained in perfect working order at the expense of the owner/applicant. The curb box must be visible and the top thereof flush with the sidewalk or grade and in serviceable condition. In case such service and fixtures are not kept in repair after reasonable notice, the Department may make the necessary repairs and charge the cost of same to the owner of the property.
(4) 
A separate service is required for each premises supplied with water. Each premises so serviced must be equipped with a curb stop under the control of the Water Department. Where two or more premises are supplied with water through one service pipe under the control of one curb stop, if any of the parties so supplied shall violate any of the regulations, the Department shall have the right to apply its shutoff regulations to such joint service line, notwithstanding whether another party not in violation shall also have its water turned off. Except where the health and welfare of others is of more pressing consequences, such action shall not be taken until the innocent customer, who is not in violation of the Departments regulations, has been given a reasonable opportunity to attach his pipe to a separately controlled service connection.
(5) 
The Department shall not be responsible in the event that the service pipe from the main to the curb box freezes, provided that pipe was installed at its proper depth. If the Department is required to thaw said pipes, the costs of such shall be borne by the property owner.
C. 
Installation of water service connections from water main.
(1) 
The applicant for a water permit shall notify the Water Superintendent a minimum of 24 hours prior to when the water service line is ready for inspection and connection to the water distribution main. The connection shall be made under the supervision of a plumber licensed by the Town of Yorktown. No work shall be covered until inspected by the Water Superintendent or his representative. All excavations for water service line installations shall be adequately guarded with barricades and lights so as to protect the public from hazards. Proper shoring shall be provided where necessary to avoid cave-ins into trench excavations. In the event that water conditions are encountered during trench excavations, a licensed plumber shall provide suitable pumping equipment to ensure installation of water service lines under reasonably dry conditions, said groundwater to be disposed of in storm drainage facilities.
(2) 
All excavation shall be backfilled and the earth rammed. In no case shall boulders or rock layers be used for backfill within two feet of water service lines and connections. Where road pavement must be cut, it will be necessary to first secure a street opening permit from the Superintendent of Highways. All requirements set forth in said permit shall constitute part of this article (see Chapter 255, Street Specifications).
(3) 
Each permit shall have endorsed thereon, the contents of § 149 of the Highway Law of the State of New York, and the licensee and owner of the land benefited by the sewer connection shall be deemed to have accepted such permit or the issuance of the same on condition that there will be full compliance with the provisions of said section and that such persons will be bound thereby.
D. 
Meters.
(1) 
An individual meter shall be required for each premises and for each separate water service connection to a premises.
[Amended 12-18-2007 by L.L. No. 16-2007]
(a) 
Every meter installed shall have a remote Sensus Metering System touch reader, whereby the water meter may be read from outside the premises at all times, which shall measure in 1,000 gallons.
[Amended 9-1-2009 by L.L. No. 12-2009]
(b) 
All consumers predating the requirement of Subsection D(1)(a) above shall be afforded the opportunity to convert to the remote touch reader at a nominal charge as set forth herein with the necessary installation thereof to be done by Department personnel at no fee.
(2) 
Every meter shall be provided with an approved valve on each side. All meters 1 1/2 inches and larger in diameter shall be fitted with suitable bypass which shall be metered with a remote Sensus Meter System touch read, reading in 1,000 gallons, wired to the outside and furnished with a valve under the control and seal of the Water Department and installed per its approval. All fittings and valves shall be maintained by the property owner at his or her own expense.
[Amended 8-7-2007 by L.L. No. 11-2007; 9-1-2009 by L.L. No. 12-2009]
(3) 
The customer shall provide a heated place, approved by the Water Department, for the location of the meter. The customer shall install and maintain in working order all necessary piping, fittings, valves and pipe couplings to receive the meter. The meter shall be placed as close as possible to the service line where it enters the structure. The water meter must remain accessible at all times (for example, it shall not be placed behind or in a location obstructed by a wall, hot water heater, oil tank, washer, dryer or boiler).
[Amended 8-7-2007 by L.L. No. 11-2007]
(4) 
All meters will be sealed by the Department at the time of installation and no seal shall be altered or broken, except by the Department or its authorized employees or agents.
(5) 
Maintenance; installation.
(a) 
All meters up to and including one inch will be maintained by, and at the expense of, the Water Department, so far as ordinary wear and tear are concerned. The customer shall be held responsible for damage to meters resulting from freezing, hot water or external causes. The customer shall also be held responsible for damage to or loss of the outside register or touch pad. In event of damage, the Water Department will repair or replace the outside register or touch pad as necessary and shall charge the cost of repair or replacement to the customer.
[Amended 8-7-2007 by L.L. No. 11-2007]
(b) 
The Department requires that the customer install at his own expense a pressure reducer upstream of all meters.
(c) 
The Water Department requires that customers shall install, at their own expense, check valves or other suitable equipment, properly located, in order to prevent backflow of hot water to the meter which may cause damage to the meter and customers' plumbing.
[Amended 8-7-2007 by L.L. No. 11-2007]
(d) 
Commercial property owners are required to have tested every three years any and all 1 1/2 inch or larger water meters in their buildings or vaults. The tests must be performed by a certified meter testing company. The expense of the meter testing shall be borne by the property owner. The test results shall be submitted to the Water Department within 10 days of the meter testing. If the meter fails the meter testing, the property owner is required to have the meter repaired or replaced and retested within 30 days of the failed meter testing. A copy of the test results shall be submitted to the Water Department within 10 days of the retesting. Any property owner that fails to timely comply with the testing or reporting requirements shall be subject to a civil fine of $250 a day (per meter), not to exceed $5,000 (per meter) in any three-year reporting period. The continuation of an offense against the provisions of this subsection shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 8-7-2007 by L.L. No. 11-2007; amended 6-2-2020 by L.L. No. 4-2020]
(e) 
On or before April 1, 2008, all commercial properties are required to have installed, at the property owner's expense, a master meter for domestic water service, so that the entire supply of water to the premises will at all times be accurately measured. All master meter installations shall include a pressure reducer valve, a gate valve and a backflow preventer, all of which shall be installed in a meter or utility room having a lockable door. The meter or utility room shall have lighting and heat to prevent freezing of the piping. At the discretion of the Water Superintendent, a meter pit may be allowed. Where a meter pit is allowed, it shall be constructed of cement and shall have such lighting, heat, ventilation, drainage, stairs or ladder, and lockable door or cover as the Water Superintendent shall determine to be adequate. Meter and utility room doors and meter pit doors and covers shall be kept closed and locked at all times to prevent unauthorized connections or tampering with service. The specific location of meter rooms, utility rooms or meter pits shall be designated by the property owner, subject to the approval of Water Superintendent. If, at any time, an existing meter location does not conform to the standards enumerated in this chapter or the Water Superintendent's standards, the installation shall be modified at the property owner's expense so that it does conform. Each water meter shall be equipped with an automatic meter reading device in accordance with the standards enumerated in this chapter or the Water Superintendent's standards.
[Added 8-7-2007 by L.L. No. 11-2007; amended 12-18-2007 by Ord. No. 16-2007]
(f) 
The owner of a commercial property which is metered by a master meter will be billed for all water delivered to or used at the property, as measured by the master meter. The master water meter readings shall be used for purposes of billing by the Water Department. The owner of the property may install submeters downstream from the master meter for the purpose of billing tenants or occupants of the property. The cost of the submeters, associated equipment (pressure-reducer valves, check valves, piping, etc.), installation and maintenance shall be borne by the owner of the property. The Water Department shall have no responsibility for or involvement in the installation, maintenance, or reading of any such submeters. The Water Department will not generate any water bills from any readings taken from these submeters.
[Added 8-7-2007 by L.L. No. 11-2007; amended 12-18-2007 by Ord. No. 16-2007]
(6) 
The Water Department reserves the right to meter any service and apply the established metered rates.
(7) 
In all cases, irrespective of meter size, where the distance from the property line to the front wall of the premises is greater then 75 feet or where the service line has a joint in the K copper tubing, the Water Department requires that the meter be set at or near the property line in an approved meter pit. A pressure reducer valve is required to be installed upstream of all meters. Meter pits for one-inch and five-eighths by three-fourths-inch meters are required to be 48 inches deep with the meter yoke 24 inches from the bottom. All meters up to and including one-inch will be maintained by the Water Department, so far as ordinary wear and tear is concerned. The customer shall be held responsible for damage due to freezing or any type of leak. The customer shall be responsible for paying the cost of all water that has gone through the meter.
[Amended 8-7-2007 by L.L. No. 11-2007]
(8) 
When due to special circumstances, it is necessary to set any meter within the territorial limits of the public streets, all expenses incurred by the Department in connection with the meter's proper housing shall be paid by the customer/applicant.
(9) 
The Department reserves the right to remove and test any meter at any time and to replace a meter is required. The customer must give access to any meter to be removed and/or tested by the Department. Failure to comply with the Department may result in a suspension of water service.
E. 
Changes in size of meters. Permanent changes in the size of the meters on existing services will be made at the request of the owner/applicant if reasonable or at the discretion of the Department if of insufficient capacity. Such costs shall be charged to the owner on the basis of difference in cost of meters changed and materials involved.
F. 
Changes in location of meters and service. Meters may be relocated for the convenience of the owner, with the prior approval of the Water Department, provided that the distance from the incoming service is not such that the water service can be tapped into before the water meter. The owner will be responsible for all costs of relocation. The Department shall not be obligated to provide relocation service for meters. Relocation shall be permitted only with respect to residential five-eighths by three-fourths and one-inch meters.
[Amended 8-7-2007 by L.L. No. 11-2007]
G. 
Inspection fees. Before any work is commenced with respect to any connection, the applicant shall pay to the Water Department an amount equal to $1 per linear foot for the inspection of such water service from the distribution main to the building line.
A. 
All bills are payable one month from the date of the billing statement.
[Amended 10-16-2001 by L.L. No. 11-2001]
B. 
Each meter shall be read three times per year, or monthly in the case of bulk subscribers, at the close of each subscriber's billing period, following which each subscriber shall be billed for the amount of water consumed.
[Amended 11-21-1995 by L.L. No. 17-1995; 10-16-2001 by L.L. No. 11-2001]
C. 
The quantity of water recorded by the meter shall be the billable quantity and shall be binding on both the customer and the Department, except where it appears that the meter has ceased to register or has registered inaccurately.
(1) 
When a meter is found defective, it shall immediately be repaired, tested and properly adjusted.
(2) 
In the instance where it is found that the meter has ceased to register, an estimated bill for the billing period immediately preceding the date when such meter was found defective and for the period from said date to the date of replacement of the meter, may be rendered to the customer. The estimated bill shall be based upon the amount of water consumed in the corresponding period in the prior year. If there is no applicable corresponding billing period due to a change in occupancy of the premise change in the use of water or where no prior experience exists, the estimated bill may be determined by the average registration of an operating meter in subsequent periods or by equitable adjustment, whichever method is more accurate of the conditions existing during the period in question.
D. 
Each meter on the customers premises will be read and billed separately. The reading and billing of two or more meters will not be combined unless specifically provided for in the rate schedule or unless the Departments operating convenience requires the use of more than one meter or a battery of meters.
E. 
Each bill is due and payable on or prior to its due date. If a bill remains unpaid after two billing periods, the Water Department or its agents may discontinue water service to the customer, and service will not be reestablished until all unpaid charges, including penalties and charges for restoration of service, as elsewhere provided herein, are fully paid.
[Amended 10-16-2001 by L.L. No. 11-2001]
F. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection F, regarding a penalty charge, added 10-16-2001 by L.L. No. 11-2001, was repealed 6-6-2017 by L.L. No. 9-2017.
G. 
Delinquent bills which remain unpaid at the end of the subsequent billing period shall be added to and included in the total amount of the subsequent billing period's bill and, should the subsequent billing period's bill become delinquent, shall be included in the computation of the penalty to be added to such subsequent billing period's bill.
[Added 10-16-2001 by L.L. No. 11-2001]
H. 
Following the end of each of the Town's fiscal years, the total balance of any delinquent account which remains outstanding as of the last business day of February of the subsequent fiscal year shall be deemed to be assessed against the property serviced under the account as a lien, and the Receiver of Taxes shall, when extending the next general tax upon the Town assessment roll, place unpaid amounts thereon as against said property, and such amounts shall be collected at the same time, in the same manner and by the same proceedings as other taxes on said roll.
[Added 10-16-2001 by L.L. No. 11-2001; amended 11-18-2014 by L.L. No. 6-2014]
I. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection I, regarding a penalty charge for delinquent accounts added to the tax rolls, added 10-16-2001 by L.L. No. 11-2001, was repealed 6-6-2017 by L.L. No. 9-2017.
J. 
The property owner shall be held responsible for all bills. Failure to receive a bill shall not be considered as an act of waiver of payment by the Department.
A. 
Customers who dispute the accuracy of a water bill (i.e., claiming to be overcharged) may by applying to the Department, have the meter reread and the account checked. The Department will render every reasonable assistance in investigating a complaint hereof.
B. 
The customer may request the meter to be tested. The charge of $5 for this service will be billed to the customer if the meter as tested is found to be registering properly. If the test reveals an overcharge, then the correction will be made per § 280-18C.
A. 
Meter test. Prior to installation, each meter will be tested. Every meter shall perform to accuracies equal to or exceeding those established by the Public Service Commission of the State of New York, before being placed in service.
B. 
Customer request test. A customer, upon reasonable notice, may require that a meter test shall be made in the presence of the customer or his representative.
C. 
Fast meters. When upon test, a meter is found to be registering more than 2% fast, under conditions of normal operations, the Department will refund to the customer the full amount of the overcharge based upon corrected meter readings for the period, not exceeding one year, that the meter was in use.
D. 
Slow meters.
(1) 
When, upon test, a meter used for domestic or residential service is found to be registering more than 25% low, the utility may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding one year, that the meter was in use.
(2) 
When upon test, a meter used for other than domestic or residential service is found to be registering more than 5% slow, the utility may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding one year, that the meter was in use.
A. 
Discontinuance by the Water Department. The Water Department may refuse or discontinue service for any one of the following reasons:
(1) 
For nonpayment of bills as prescribed in § 280-16E and J.
(2) 
For willful waste.
(3) 
Where apparatus, appliances or equipment using water is dangerous, unsafe or not in conformity with the local laws and/or ordinance. (The Department does not assume liability for inspecting apparatus on customers' property. The Department does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.)
(4) 
Where demand is greatly in excess of past average or seasonal use, and where such excessive demand by one customer is or may be deemed detrimental or injurious to service furnished other customers.
(5) 
For the refusal of reasonable access to property for the purpose of inspection of fixtures and piping, or reading, testing, repairing or removal of the water meter.
[Amended 8-7-2007 by L.L. No. 11-2007]
(6) 
To protect the Department from fraud and abuse.
B. 
The Water Department, unless otherwise provided, may discontinue water service to a customer for a failure to comply with any of the herein regulations if the customer will five days after receipt of written notice of violation fails to come up to compliance. If a violation directly affects matters of public health and safety and conditions warrant, the Department may discontinue water service immediately and without notice.
C. 
The Water Department may refuse or discontinue service, in addition to fining an owner, for any of the following reasons:
(1) 
For use of water other than requested in the application or through branch connections on the street side of meter or place reserved therefore.
(2) 
For damaging any seal, wire, register or other appurtenances owned and maintained by the Water Department.
[Amended 8-7-2007 by L.L. No. 11-2007]
(3) 
For cross-connections with pipe carrying water supplied by the Town with another source of supply or with apparatus which may endanger the quality of the public water supply or for any violation of the sanitary code of the State of New York.
(4) 
For submetering or reselling water.
(5) 
Where water is wastefully used or negligently used on a customers premises, seriously affecting the general use of other customers.
D. 
Any person committing an offense against any of the provisions above shall be guilty of a violation punishable by a mandatory fine of not less than $50. The continuation of an offense against the provisions above shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
E. 
Customer's request to discontinue service.
(1) 
A customer may have his water service discontinued by notifying the Water Department, in writing, at least five days in advance of the desired date of discontinuance. Water charges to that date will be billed to the owner at the next regular billing date. If the request to discontinue service is in connection with a change of ownership of the property, a final water meter reading will be conducted and a final bill prepared. During the final water meter reading, the water meter will be inspected, and if the Water Department determines that the water meter is in need of replacement for any reason, a fee in an amount as set forth in the Master Fee Schedule[1] will be added to the final water bill.
[Amended 4-5-2016 by L.L. No. 7-2016; 6-6-2017 by L.L. No. 9-2017]
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
If the Department is not made aware of a request to discontinue service, the owner will be required to continue to pay for service charges until such time that the Department can reasonably discontinue service following proper notification.
F. 
Disconnection of existing individual water supply. All proposed water users shall be required to disconnect any existing individual water supply sources (groundwater wells) from the potable household and/or building plumbing. No interconnection between the Town public water system and any other water supply is permitted.
[Added 8-7-2007 by L.L. No. 11-2007]
A. 
Purpose. An automatic fire service connection will be allowed, if the existing distribution mains allow and upon condition that adequate provisions are made to prevent the use of water supplies for such service to be used for purposes other than fire extinguishing.
B. 
Installation plans. An applicant for automatic fire service must submit installation plans and any revisions thereto. All such plans must fully meet fire underwriters' requirements and must be submitted to the Water Department for approval. All fire service connections will be metered.
C. 
Application and agreement. The applicant for automatic fire service will be required to sign a separate application form that will be furnished upon request.
D. 
All fire services shall be metered in accordance with this article.
E. 
Installation and use charges.
(1) 
All automatic fire services shall be installed by the applicant at the applicant's expense and inspected and approved by the Water Department. There will be an inspection fee in an amount as set forth in the Master Fee Schedule[1] per linear foot for all fire services.
[Amended 6-6-2017 by L.L. No. 9-2017]
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
Leakage. In all instances of fire service of two inch diameter pipe or greater and/or of a distance of 75 feet or greater from the main to the premises, the owner must provide and install a detector-check-with-bypass or similar device acceptable to the Department that will suitably handle fire flows and leakage. The owner will be responsible for maintenance, leakage and any damage caused by line leakage of the automatic fire service.
(3) 
Water for fire storage tanks. Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the Department in advance and an approved means of measurement is available. The rates for general use will be applied.
(4) 
Other. Water lost through leakage or in testing or used in violation of the Water Department's regulations shall be paid for by the applicant at double the rate charged for general use.
F. 
Control of service. Automatic fire service shall be controlled by a valve, placed in a manhole or valve box as the Department may prescribe and located outside the premises and to be operated only by persons authorized by the Water Department.
G. 
Violation of agreement. If water is used from a fire service in violation of the agreement or of these regulations, the Department may, at its option, discontinue and remove the service.
H. 
Pressure and supply. The Water Department assumes no responsibility for loss or damage to person or property due to a lack of water or water pressure and agrees to furnish such quantities and pressures that are available in its general distribution system. Water service shall be subject to shut downs and variations as required by the operation of the system proper.
A. 
Time limit. Temporary service connections shall not exceed six months duration. All temporary service connections shall be terminated six months after installation unless a written extension of time is granted by the Water Department.
B. 
Charge for temporary water service. Charges for water furnished through a temporary service connection shall be double the applicable rates for other like customers.
C. 
Installation charge and deposit. A temporary water usage permit will be required for service. The applicant for temporary service shall file with said permit the following:
[Amended 9-1-2009 by L.L. No. 12-2009; 6-6-2017 by L.L. No. 9-2017]
(1) 
A fee in an amount as set forth in the Master Fee Schedule[1] will be charged for installing and removing all facilities necessary to furnish such service.
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
A deposit in an amount as set forth in the Master Fee Schedule[2] is required to cover the estimated bills for water during the entire period such temporary service may be used.
[2]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(3) 
A deposit in an amount as set forth in the Master Fee Schedule[3] is required for any loaned apparatus for temporary service furnished by the Department to the applicant.
[3]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(4) 
All deposits will be returned to the applicant upon return of all loaned equipment and receipt of payment in full.
D. 
Responsibility for meters and installation. The customer for temporary services shall use all possible and reasonable care to prevent damage to the meter or to any other loaned facilities of the Department until such time as those facilities are removed, notwithstanding whether the customer is still receiving services. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer and/or the owner of the property.
E. 
Temporary device on a fire hydrant. If temporary service is to be supplied through a fire hydrant, a permit for the use of the hydrant must be obtained from the Superintendent of the Water Department.
F. 
Town and contractor fill-ups. All Town department and contractor water fill-ups shall be made at a metered hydrant at the Water Department site located at 1080 Spillway Road. These fill-ups will be billed at the Town Code § 280-31 bulk hauler rate.
[Added 12-2-2008 by L.L. No. 9-2008]
A permit is required for the use of any abnormally large quantity of water (e.g., where water is desired for filling a swimming pool). A request for such supply must be made to the Department prior to the taking of such water. Permission to take water in unusual quantities shall be given only if it can be safely delivered through the Department's facilities and if other consumers are not inconvenienced.
[Amended 1-6-1998 by L.L. No. 3-1998; 8-7-2007 by L.L. No. 11-2007[1]]
A. 
If a property owner or any party desires a change in the location of the hydrant, he shall bear all costs of such changes without refund.
B. 
Hydrants shall be spaced at intervals of 500 feet unless otherwise directed by the Water Superintendent or his authorized representative. The depth of bury shall be 4 1/2 feet (finished grade to center line branch). The operating nut shall turn left to open (counterclockwise). Extension pieces for barrel and stem required for hydrant setting shall be placed as directed. Hydrant branch pipe shall be ductile iron with mechanical joints. Hydrant branch valves shall be six-inch, gate valves with mechanical joint ends.
C. 
Hydrant restraints and installation. The developer shall provide restraining rods or approved retainer glands for hydrant installation. The rods shall be three-fourths-inch diameter. The tee shall be connected to the hydrant branch valve by rods and then from valve to hydrant. Eye bolts shall be used as directed by the Water Superintendent. The rods and glands shall supplement as a safety factor and shall not reduce the trust blocking requirements hydrants shall be set exactly plumb and at a depth of 4 1/2 feet. Each shall rest upon a selected stone or block of concrete not less than 12 inches by 12 inches by six inches and thrust blocking shall be provided to prevent movement. Hydrant drains shall be surrounded by at least 1/3 cubic yards of three-fourths-inch clean stone or gravel.
D. 
The Water Department is hereby authorized to remove, trim, cut and/or otherwise clear any and all vegetation, shrubbery and/or obstruction around, about, near and/or within a ten-foot proximity of any fire hydrant that in the discretion of the Superintendent obstructs said fire hydrant.
[Added 9-1-2009 by L.L. No. 12-2009]
[1]
Editor's Note: This ordinance designated the existing § 280-23 as Subsection A and added Subsections B and C.
The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the Water Department shall not be responsible for any loss or damage caused by the improper installation of any such water equipment or the negligence, want of care or wrongful act of the customer or any of his, tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The Department shall not be responsible for damage to property caused by spigots, faucets, valves and other appurtenances that are open when the water is turned on originally or when the water is turned on after a temporary shutdown.
The customer shall be liable for any damage to a meter or other equipment or property owned and/or maintained by the Department which damage is caused by all act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including, but not limited to, the breaking or destruction of locks by the customer or other on or near a meter or any damage to a meter that may result from hot water or steam from a boiler or heater or a frozen water meter on the customer's premises. The Department shall promptly be reimbursed by the customer for any and all damages that may result directly or indirectly. If a water meter is damaged as a result of freezing, the customer will pay the Water Department all costs related to the meter's repair.
A. 
Purpose. The purpose of these regulations is to safeguard potable water supplies by preventing backflow into the Town's water supply. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.
B. 
Protection of public water system at service connection.
(1) 
Where protection is required:
(a) 
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the Westchester County Department of Health Office having jurisdiction with regard to quality and safety.
(b) 
Each service connection to the public water system for supplying water to premises, on which any substance is handled under pressure in such fashion as to permit entry into the water system, shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.
(c) 
Each service connection to the public water system for supplying water to premises on which a substance of a hazardous nature is handled in a liquid form, even though it is not under pressure, shall be protected against backflow of the water from the premises to the public water system. Examples include, but are not limited to, wastewater treatment, industrial/manufacturing and printing plants; clinics; laboratories; veterinary offices; mortuaries; physicians', dentists' and chiropractors' offices; photo-processing labs; car washes; laundries; dry cleaners; commercial greenhouses; tree services; boiler systems (with caustics); fire-fighting systems (with chemical additives); public swimming pools; and other facilities as required by the New York State Department of Health. This is not intended to apply to normal household installations.
[Amended 9-1-2009 by L.L. No. 12-2009]
(d) 
The Town of Yorktown requires that all commercial facilities serviced by the Yorktown Consolidated Water District required to have backflow prevention. Each service connection to the public water system for supplying water to premises on which a substance of aesthetically objectionable nature is handled in a liquid form, even though it is not under pressure, shall be protected against backflow of the water from the premises to the public water system. Examples include, but are not limited to, fire-protection systems with no chemical additives; barbershops; gas stations; beauty salons; supermarkets; churches/synagogues; nursing homes; multidwelling apartment buildings; and other facilities.
[Amended 9-1-2009 by L.L. No. 12-2009]
(2) 
It shall be the responsibility of the water use to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department, and Westchester County Department of Health officer.
(3) 
Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:
(a) 
At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by all approved double check-valve assembly.
(b) 
At the service connection on any premises where there is all auxiliary water supply that is not all approved water supply, the public water supply system shall be protected by an air-gap separation or an approved reduced pressure principle backflow prevention device.
(c) 
At the service connection to any premises on which a substance that would be aesthetically objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled, the public water supply shall be protected by an approved double check-valve assembly.
(d) 
At the service connection to any premises on which a substance hazardous in nature is or may be handled, but not under pressure, the public water supply shall be protected by a reduced pressure principle backflow prevention device.
(e) 
At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the public water supply shall be protected by an approved reduced pressure principle backflow prevention device.
(4) 
Location of backflow prevention devices.
(a) 
The installation of a double check-valve assembly or reduced pressure backflow prevention device shall be as close as practicable to the water meter, allowing for enough room to remove and/or service both the water meter and the backflow prevention device.
(b) 
Clearance distances between a double check-valve assembly or a reduced pressure zone backflow prevention device and the floor and walls shall be in accordance with current requirements of the Westchester County Health Department and the New York State Department of Health. Examples of typical installations are illustrated in Cross-Connection Control, published by the New York State Department of Health.
(5) 
Frequency of inspection of protective services.
(a) 
It shall be the duty of the water user on any premises on account of which backflow protective devices are installed to have inspections made at least once a year or more often in those instances where successive inspections indicate repeated failure. These devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified New-York-State-certified backflow prevention device tester, and all test results will be provided to the Town of Yorktown Water Department within 72 hours after the test is made.
[Amended 9-1-2009 by L.L. No. 12-2009]
(b) 
Records of such tests, repair and overhaul shall also kept and made available to the Water Department and the local health department upon request.
(c) 
The Yorktown Consolidated Water District has employees who are New-York-State-certified backflow testers. For fee schedule please refer to § 280-31, Fees and charges.
[Added 9-1-2009 by L.L. No. 12-2009]
C. 
Protection of potable water system within premises.
(1) 
Separate drinking water systems. Whenever the Yorktown Superintendent determines that it is not practical to protect drinking water systems on premises against entry of water from a source or piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers.
(2) 
Fire systems.
(a) 
Water systems for fighting fire derived from a supply that cannot be approved as safe or potable for human use shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire-fighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for fire-fighting purposes. Any auxiliary fire-fighting water supply which is not approved for potable purposes but which is so connected that it may be introduced into potable water piping during an emergency shall be equipped with an approved automatic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see:
[1] 
That a procedure be developed and carried out to notify and protect users of this piping system during the emergency.
[2] 
That special precautions be taken to disinfect thoroughly and flush out all pipelines which may become contaminated before they are again used to furnish drinking water. In the event that the means of protection of water consumers is by disinfection of the auxiliary fire-fighting supply, the installation and its use shall be thoroughly reliable and approved by the Westchester County Health Department.
(b) 
The public water supply must be protected against backflow from such dual domestic fire systems, as detailed in Subsection B.
(3) 
Process waters. Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which device shall be provided on the feed line to process piping or equipment. In the event that the particular process liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, air-gap separation shall be provided. These devices shall be tested by the water user at least once a year, or more often in those instances where successive inspections indicate repeated failure. The device shall be repaired, overhauled or replaced whenever they are found to be defective. These tests must be performed by a certified backflow prevention device tester, and records of tests, repairs and replacement shall be kept and made available to the Yorktown Water Department and the Health Department upon request.
(4) 
Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist between the drilling water system and any other piping, equipment or tank in any sewage treatment plant or sewage pumping station.
(5) 
Plumbing connections.
(a) 
Where the circumstances are such that there is special danger to health by the backflow of sewage, as from sewers, toilets, hospital bedpans and the like, into a drinking water system, a dependable device or devices shall be installed to prevent such backflow. The type of device shall be determined by the Yorktown Water Department. The Town of Yorktown requires that backflow devices on all domestic services at all commercial facilities be an approved reduced-pressure-principle backflow prevention device. Backflow assemblies for lawn care or fire sprinkler systems in residential facilities can be an approved double-check valve assembly.
[Amended 9-1-2009 by L.L. No. 12-2009]
(b) 
The purpose of these regulations is not to transcend local plumbing regulations, but only to deal with this extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of backsiphonage through flushometer valves on all toilets, but deal with those situations where the likelihood of vacuum conditions in the drinking system is definite and there is special danger to health. Devices suited to the purpose of avoiding backsiphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breaker and other backflow protective devices which have been proved by appropriate tests to be dependable for destroying the vacuum.
(c) 
In as much as many serious hazards of this kind are due to water supply piping which is too small, thereby causing vacuum conditions when fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping that is too small be enlarged whenever possible.
(6) 
Marking safe and unsafe water lines. Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be pained, banded or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate the fact.
(7) 
Water supervisor.
(a) 
The Water Department shall be kept informed of the identity of the person responsible for the water piping on all premises, concerned with these regulations. At each premises where it is necessary, in the opinion of the Water Department, a Water Supervisor shall be designated. This Water Supervisor shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross-connections.
(b) 
In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the Water Department shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to overcome the contamination.
D. 
Recourse for noncompliance.
(1) 
No water service connection to any premises shall be installed or maintained by the Water Department unless the water supply is protected as required by state regulations and this article.
(2) 
Service of water to any premises may be discontinued by the Department if a backflow preventive device, required by this rule and regulation, is not installed, tested and maintained; if any defect is found in an installed backflow preventive device; it is found that a backflow preventive device has been removed or bypassed; if unprotected cross-connections exist on the premises, services will not be restored until such conditions or defects are corrected.
(3) 
The Water Superintendent and/or his designated representative shall notify the owner, or authorized agent of the owner, of the building or premises in which there is found a violation of this article, of such violation. The Water Superintendent shall set a reasonable time for the owner to have the violation corrected. Upon failure of the owner to have the defect corrected, by the end of the specified time interval the Water Superintendent may, if in his judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated, and/or recommend such additional fines or penalties to be invoked as herein may be provided.
E. 
Fines. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building or premises who knowingly permits a violation to remain uncorrected after the expiration of time set by the Water Superintendent shall, upon conviction thereof by the court, be required to pay a fine of not less than $100 for each violation. Each day of failure to comply with the requirements of this article, after the specified time provided under, shall constitute a separate violation.
All ground wire attachments to any plumbing which is or may be connected to a service connection or main belonging to or maintained by the Department shall be the sole responsibility of the owner or consumer of water service. The consumer shall be liable for any damage to Water Department property occasioned by such ground wire attachments and the presence of such ground wire attachments and the presence of such attachments shall not be deemed a waiver of any of the rights of the Water Department per the Electric Board agreement. The Water Department shall be held harmless when thawing water mains and service lines.
The Department or its duly authorized agents (properly identified) shall at all reasonable times have the right to enter on the customers premises for any purpose properly connected with the service of water to the customer.
The Department shall not be liable for damage resulting from an interruption in service. Temporary shut down may be required by the Department for improvements and repairs. Whenever possible, and as time permits, all customers affected will be notified prior to such shutdowns. The Water Department will not be liable for interruption shortage or insufficiency of supply or any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. The Department, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its system, shall have the right to temporarily suspend delivery of water, and it shall not be liable for any loss or damage occasioned thereby. Where possible, repairs or improvements will be expedited as rapidly and at such times as will cause the least inconvenience to the customers.
A. 
Policy. The Town Board and Water Department holds that the financing of main extensions within and without existing districts must be based on sound business principles. The Board is obligated to treat each new extension in equity with each other existing extension, its present customers, its capacities and the water and ad valorem tax rates charged and the district involved. Due to the variety and complexity of main extensions encountered, the Town Board reserves the right to prescribe in each instance how and in what manner the facility shall be built and financed.
B. 
Schedule of payments. In accordance with Subsection A hereof, the Town Board hereby sets the following schedule of payments to be made for the extension of water main without existing districts and for the creation of new districts:
[Amended 3-1-1994 by L.L. No. 7-1994]
(1) 
For all extensions of water mains without an existing water district, the applicant for such an extension shall pay the sum in an amount set forth in the Master Fee Schedule[1] per dwelling unit serviced or to be serviced by such extension. Said fee shall be paid at the time the building permit is issued.
[Amended 8-7-2007 by L.L. 11-2007; 6-6-2017 by L.L. No. 9-2017][2]
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
[2]
Editor’s Note: Former Subsection B(2), regarding extensions of water mains without an existing water district, which immediately followed this subsection, was repealed 6-6-2017 by L.L. No. 9-2017.
C. 
Conditions.
(1) 
Application. When applying for a main extension, the applicant shall furnish a subdivision map or drawing (containing elevations and all pertinent data) and as approved by the Town Board, Planning Board, Town Engineer and Water Superintendent.
(a) 
The applicant must have the Water Department Inspect and approve the installation of the water main. The applicant shall provide the Water Department with a copy of the approvals from the Health Department, an as-built plan of the water main, and the location of valves, fittings, and hydrants, with measurements. The Water Department will inspect the work site and any deficiencies noted must be corrected by the applicant prior to the Water Department's acceptance of the new main. The applicant shall provide to the Water Department a copy of the Health Department's approval of the main prior to the main being put into service to the Water Department.
[Added 8-7-2007 by L.L. No. 11-2007]
(b) 
Pipe and fittings. Unless otherwise specified in writing, ductile iron, cement-lined pipe conforming to AWWA standards and having a minimum thickness class 52 shall be used. Ductile iron fittings shall have mechanical joints.
[Added 8-7-2007 by L.L. No. 11-2007]
(c) 
Handling and distribution of pipe. Special handling shall be exercised during delivery and distribution of pipe to avoid damage. Damaged pipe shall be rejected and replaced at the developer's expense.
[Added 8-7-2007 by L.L. No. 11-2007]
(d) 
Excavation of trenches. All excavation shall be made in widths sufficient to provide ample room for proper installation and to permit thorough compacting of backfill around pipe. Enlargements of the trench shall be made to give ample room for operations and pipe joints. The depth of the trench shall be sufficient to allow no less than four feet and no more than five feet of cover over the pipe. Excavating equipment that widens the trench to be more than two feet wider than the outside diameter of the pipe shall not be used. The trench shall be excavated so that the pipeline will be constructed in a horizontal straight line and installed with as few undulations as practicable. The pipe shall be laid on the bottom of the trench. The pipe shall not be laid on blocks. When excavating rock, the rock shall be removed to the depth of no less than six inches below the barrel. The trench shall be refilled and compacted with no less then six inches of three-fourths-inch gravel or three-fourths-inch crushed stone filling under the invert of pipe and to the horizontal diameter of the pipe.
[Added 8-7-2007 by L.L. No. 11-2007]
(e) 
Laying pipe. Unless otherwise specified, laying of ductile iron pipe shall comply with AWWA standards for installation of ductile iron water main and appurtenances. When it is necessary to cut ductile pipe in the field, such cuts shall be made in accordance with AWWA standards for installation of ductile iron and appurtenances. In no instance will torch cutting be allowed. At the close of each workday, the end of the pipeline shall be tightly sealed with a cap or plug so that no water, dirt or other foreign substance can enter the pipeline. The plug shall be removed when work resumes.
[Added 8-7-2007 by L.L. No. 11-2007]
(f) 
Joint restraints. Joints shall be restricted at all fittings where joints are susceptible to separation. Where rods are to be used, they shall be wrought iron bands one-half-inch thick and two inches wide, fabricated to provide a snug fit between pipe and fitting bell. The tie rods shall be three-fourths-inch threaded steel rods. All exposed metal shall receive a heavy coat of bitumastic plastic. Where retainer glands are used diametrically opposed tee-bolts and set screws shall be tightened together to bring the gland evenly in place, Torque wrenches shall be used to prevent excessive tightening. Defections at the joint must be made prior to tightening.
[Added 8-7-2007 by L.L. No. 11-2007]
(g) 
Thrust blocking. Concrete thrust blocks shall be placed at plugs, tees, bends, hydrants and other locations where unbalanced thrust may develop. The blocking shall be of sufficient shape and form that the load due to thrust will not exceed two tons per square foot against earth or five tons per square foot against rock when the water pressure in the main is carried at the test pressure. The excavation shall receive special attention to provide a good bearing against undisturbed materials within a short distance from the pipe fittings. When reactions are in a vertical plane, provisions to restrain the thrust shall be made to meet the existing conditions using concrete anchorages, steel dowels grouted into holes drilled in rock, or a combination of both. The minimum surface bearing area of thrust blocks shall be at feast four square feet.
[Added 8-7-2007 by L.L. No. 11-2007]
(h) 
Backfilling. Backfilling shall conform to AWWA standards for installation of ductile iron water mains and appurtenances. Trenches shall be backfilled as soon after pipe installation as possible. Well-graded material shall be used for backfilling under, adjacent to and for a depth of two feet over the pipe. It shall be placed in layers no more than 12 inches deep, then rammed and compacted into place. If there is a deficiency of suitable materials on site for backfilling, the developer, at his own expense, will furnish suitable material from outside sources. The remainder of the trench may be backfilled with the available material from the excavation, placed and compacted so as to minimize settlement. No boulders or rock pieces greater then eight inches in diameter, cans, frozen soil, sod, lumber, logs, stumps, branches, brush, roots or other perishable materials shall be used in backfilling.
[Added 8-7-2007 by L.L. No. 11-2007]
(i) 
Tapping sleeves and valves. Sleeves shall be able to withstand at least 200 PSI and valves shall conform to applicable requirements of AWWA standards. Taps shall be cut with approved equipment designed expressly for the work. Care shall be taken to assure that all cuttings are removed and do not remain in the tapped pipe.
[Added 8-7-2007 by L.L. No. 11-2007]
(j) 
Valve boxes. Valve boxes shall be Mueller, Buffalo-type, or approved equal, and shall be cast-iron, telescopically adjustable, five-and-one-fourth-inch inside diameter, suitable to withstand heavy traffic. The cover shall be marked "WATER" and bases shall be round.
[Added 8-7-2007 by L.L. No. 11-2007]
(k) 
Flushing, testing and disinfection. The developer shall perform preliminary flushing, disinfection, final flushing, hydrostatic testing, and bacteriological testing of the pipe in accordance with AWWA C651-05 standards for disinfection of water mains, and AWWA C600-05 standards for installation of ductile water mains and their appurtenances. The developer shall be responsible to furnish all water for flushing, testing and disinfection, shall furnish all means and apparatus for getting the water into the pipeline and shall furnish, install and remove any additional temporary blow-off piping required to dispose of water used for flushing, testing and disinfecting.
[Added 8-7-2007 by L.L. No. 11-2007]
[1] 
Preliminary flushing. The water main shall be flushed in sections according to the sources of clean water and suitable discharge points or locations. The pipe shall be flushed at a velocity of no less than 2.5 feet per second until the water runs clear. (Flushing alone may not remove all materials that could adversely affect the use of the pipe.)
[2] 
Disinfecting. Whenever possible, the water injector for introducing the chlorine bearing water into the pipe shall be supplied from a tap on the pressure side of the gate valve controlling the flow into the pipe. The method and rate of application shall be in accordance with AWWA 0651-05 standards for disinfecting water mains. The method of disinfection shall be approved by the Water Superintendent or his authorized representative prior to the disinfection of the pipe.
[3] 
Hydrostatic test. A hydrostatic test shall be made upon all sections of pipe, in the presence of the Water Superintendent or his representative. (The test pressure shall be 150% of the maximum working pressure.)
[4] 
Leakage tests. For any length of pipe tested, all air shall be purged from the pipe before testing. The developer shall provide all gauges and pumps, equipment and personnel for the pressure and leakage tests. The gauges shall be of suitable ranges and have been recently certified as to accuracy.
[5] 
Final flushing and testing. Following chlorination, all treated water shall be thoroughly flushed from the pipe. Flushing shall be in accordance to AWWA C651-05 standards for disinfecting water mains. Should the initial treatment fail to result in the conditions specified, the entire procedure shall be repeated until satisfactory results are obtained.
[6] 
Bacteriological tests. The developer shall furnish all equipment disinfectants, piping, sampling bottles and personnel for the performance of the tests. The pipe shall be flushed and chlorinated until satisfactory bacteriological quality has been achieved. The developer shall obtain certificates of satisfactory bacteriological quality from a laboratory certified by the New York State Department of Health and shall furnish a copy to the Water Superintendent before the work shall be accepted. All samples shall be obtained from the pipeline and tests made in accordance with the most recent edition of Standard Methods for the Examination of Water and Wastewater and in accordance with the requirements of the Westchester County Department of Health. All testing and sampling shall be preformed in the presence of the Water Superintendent or his authorized representative.
[7] 
Electrical continuity tests. It shall be the responsibility of the developer to test for electrical continuity throughout any new pipe installed. The test shall be witnessed by the Water Superintendent or his authorized representative.
(2) 
Ownership of extension. Ownership of extension shall always be vested in the Town of Yorktown and its water districts, regardless of circumstances. The Water Department will prescribe the plan, extent, location, methods, workmanship and material and have full control of such extensions, including the right to connect additional customers without the consent of either parties.
(3) 
Further extensions. The Town Board and Water Department have the right to make additional extensions beyond or laterally from the original. Further extensions shall not be considered additional connections and shall not be a basis for any special consideration to the original promoters.
(4) 
Pipe sizes.
(a) 
The Water Department shall determine the size and type of pipe used; should larger than eight inches be required for the traversed territory, excess cost of material and installation shall be paid to the Department by the appropriate district or districts benefiting. The size of any pipe selected shall be proper for normal fire flows and not less than eight inch inside diameter.
(b) 
Exception. Six inches or less shall be deemed proper when the relation to the distribution grid or fire protection is not a relation factor or when such smaller lines are expedient for temporary service.
(5) 
Separation of water mains. Sanitary sewers, storm sewers and utility services (such as fiber optic lines, cable television lines, gas lines or electric lines) shall not be placed within 10 feet horizontally from existing water mains or proposed water mains. The distance shall be measured edge to edge. Cases in which it is not practical to maintain a ten-foot separation will be considered by the Water Department on a case-by-case basis. If supported by data from the designing engineer, deviation from the ten-foot separation requirement may be permitted to allow installation of the sanitary sewer, storm sewer or utility, provided that the sewer or utility is laid in a separate trench or on an undisturbed earth shelf located on one side of the water main at such an elevation that the bottom of the water main is at least 18 inches above the top of the sewer or utility.
[Added 8-7-2007 by L.L. No. 11-2007]
(6) 
Crossing water mains. Water mains crossing sewer lines shall be laid to provide a minimum vertical distance of 18 inches between the outside of the water main and the outside of the sewer line. This shall be the case where the water main is either above or below the sewer line. At crossing, one full length of water pipe shall be located such that both joints will be as far from the sewer line as possible. Special structural support for the water and sewer pipes maybe required.
[Added 8-7-2007 by L.L. No. 11-2007]
(7) 
Force mains. There shall be at least a ten-foot horizontal separation between water mains and sanitary sewer force mains. There shall be 18 inches vertical separation at crossings.
[Added 8-7-2007 by L.L. No. 11-2007]
(8) 
Sewer manholes and catch basins. No water pipe (service line or water main) shall pass through or come in contact with a sewer manhole, catch basin or other sewer system structures.
[Added 8-7-2007 by L.L. No. 11-2007]
Tariff schedule charges for service connections and meters and related charges are payable in advance.
A. 
Application fee.
[Amended 3-1-1994 by L.L. No. 7-1994]
(1) 
There is an application fee for all residential and commercial water service connections as set forth in the following table. The application fee for three-fourths- and one-inch service connections includes the tap application, the service line inspection and either one five-eighths by three-fourths-inch meter or one-inch meter. The application fee for service connections 1 1/4 inches through eight inches includes the tap application and the service line inspection.
[Amended 8-7-2007 by L.L. No. 11-2007; 6-6-2017 by L.L. No. 9-2017]
Service Connection Size
(inches)
Within District
Out of District
3/4
See Master Fee Schedule[1]
See Master Fee Schedule[2]
1
See Master Fee Schedule
See Master Fee Schedule
1 1/4
See Master Fee Schedule
See Master Fee Schedule
1 1/2
See Master Fee Schedule
See Master Fee Schedule
2
See Master Fee Schedule
See Master Fee Schedule
4
See Master Fee Schedule
See Master Fee Schedule
6
See Master Fee Schedule
See Master Fee Schedule
8
See Master Fee Schedule
See Master Fee Schedule
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
[2]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
For all service connections which do not require a main extension, outside an existing water district, but which can be serviced by an existing main, a $6,000 fee shall be paid. Said fee shall be paid at the time the building permit is issued.[3]
[3]
Editor’s Note: Former Subsection A(3), regarding fees for service connections for an industrial, commercial, mixed industrial/commercial/residential, or commercial/industrial use without an existing water district, which immediately followed this subsection, was repealed 6-6-2017 by L.L. No. 9-2017.
B. 
Payment for out-of-district service connections. For all service connections outside of existing water districts which do not require a main extension but can be serviced by an existing main, a ten-thousand-dollar fee shall be paid per dwelling unit to be serviced. In the case of new construction, said fee shall be paid at the time the building permit is issued.
[Amended 8-7-2007 by L.L. No. 11-2007]
C. 
Meters.
[Amended 8-7-2007 by L.L. No. 11-2007]
(1) 
Fees for meters supplied by the Water Department are as follows:
[Amended 6-6-2017 by L.L. No. 9-2017]
Size of Meter
(inches)
Cost
(With installation and two connections)
5/8 x 3/4
See Master Fee Schedule[4]
1
See Master Fee Schedule[5]
[4]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
[5]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
All meters larger than one inch will be supplied, installed and maintained by the property owner at no cost to the Town. All meters will be Sensus TouchRead® water measurement meters reading in gallons.
D. 
[6]Water rate schedule for the Kitchawan Water District. The water furnished to consumers by the water district is purchased by the water district from Town of New Castle, pursuant to the terms of a water supply agreement entitled "Kitchawan Water Supply Agreement." The unit cost to the water district of the water purchased pursuant to the agreement (hereinafter, the New Castle water cost") as of December 2005 is factored into the computation of the water rate schedule set forth herein. Increases in the New Castle water cost (the "NCWC") shall be passed through to the consumer on an annual basis. The rate schedule shall be as follows:
[Added 12-20-2005 by L.L. No. 18-2005[7]]
(1) 
Inside district: $l1.84 per 1,000 gallons plus the annual percentage increase in the NCWC, with a minimum rate of $59.20 per billing period.
(2) 
Outside of district: $23.68 per 1,000 gallons plus the annual percentage increase in the NCWC, with a minimum rate of $118.40 per billing period.
(3) 
In the event that revenues received through water rates and other fees are insufficient to provide budgeted funds to the district, the water district may fix an additional assessment upon the properties located therein to recover said funds upon due notice and public hearing called for such purpose.
[6]
Editor's Note: Former Subsection D, Metered service rate, was repealed 10-16-2001 by L.L. No. 11-2001.
[7]
Editor's Note: This local law also provided for the redesignation of former Subsections D through I as Subsections E through J, respectively.
E. 
Water rate schedule for the Yorktown Consolidated Water District. A graduated water rate schedule is established to promote water conservation. Under the graduated water rate schedule, the charge for each unit consumed increases with consumption. The purpose of this graduated rate schedule is to combat the recurrent water shortages experienced by the Town of Yorktown and other area municipalities. The graduated water rate schedule will encourage water consumers, particularly the large consumers, to curtail their water usage, benefitting the general welfare of all consumers of water in Yorktown and area municipalities. The rate schedule shall be as follows:
[Amended 3-15-1994 by L.L. No. 8-1994; 4-2-1996 by L.L. No. 4-1996; 10-16-2001 by L.L. No. 11-2001; 12-17-2002 by L.L. No. 18-2002; 12-20-2005 by L.L. No. 18-2005; 12-20-2005 by L.L. No. 19-2005]
(1) 
Consumers of 9,000 gallons of water or less per billing period:
[Amended 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
Inside district: $64.35 plus the annual percentage increases in the New York water rate (NYR) and the Northern Westchester Joint Water Works Consumption rate (NWJWW rate) charged for 9,000 gallons or portion thereof.
(b) 
Outside of district: $128.70 plus the annual percentage increases in the NYR and the NWJWW rate charged for 9,000 gallons or portion thereof.
(2) 
Consumers of more than 9,000 gallons of water per billing period up to but not including 250,000 gallons of water per billing period:
[Amended 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
Inside district: $64.25 plus, for each additional 1,000 gallons or portion thereof above 9,000 gallons, $7.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(b) 
Outside of district: $128.70 plus, for each additional 1,000 gallons or portion thereof above 9,000 gallons, $13.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(3) 
Rates for moderate consumers.
[Amended 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
Consumers of 250,000 gallons of water per billing period up to but not including 500,000 gallons of water per billing period:
[1] 
Inside district: $7.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $14.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(b) 
Consumers of 500,000 gallons of water per billing period up to but not including 750,000 gallons of water per billing period:
[1] 
Inside district: $8.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $15.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(c) 
Consumers of 750,000 gallons of water per billing period up to but not including 1,000,000 gallons of water per billing period:
[1] 
Inside district: $8.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $16.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(d) 
Consumers of 1,000,000 gallons of water per billing period up to but not including 1,250,000 gallons of water per billing period:
[1] 
Inside district: $9.15 per every 1,000 gallons of water thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $17.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(e) 
Consumers of 1,250,000 gallons of water per billing period up to but not including 1,500,000 gallons of water per billing period:
[1] 
Inside district: $11.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $22.31 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(4) 
Rates for moderate to large consumers.
[Amended 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
Consumers of 1,500,000 gallons of water per billing period up to but not including 1,750,000 gallons of water per billing period:
[1] 
Inside district: $10.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $20.40 per every 1;000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(b) 
Consumers of 1,750,000 gallons of water per billing period up to but not including 2,000,000 gallons of water per billing period:
[1] 
Inside district: $10.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $19.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(c) 
Consumers of 2,000,000 gallons of water per billing period up to but not including 2,250,000 gallons of water per billing period:
[1] 
Inside district: $11.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $20.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(d) 
Consumers of 2,250,000 gallons of water per billing period up to but not including 2,500,000 gallons of water per billing period:
[1] 
Inside district: $11.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $22.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(e) 
Consumers of 2,500,000 gallons of water per billing period up to but not including 2,750,000 gallons of water per billing period:
[1] 
Inside district: $12.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $23.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(5) 
Large consumers.
[Amended 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
Consumers of 2,750,000 gallons of water per billing period up to but not including 3,000,000 gallons of water per billing period:
[1] 
Inside district: $12.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district; $24.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(b) 
Consumers of 3,000,000 gallons of water per billing period up to but not including 3,250,000 gallons of water per billing period;
[1] 
Inside district: $13.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $25.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof..
(c) 
Consumers of 3,250,000 gallons of water per billing period up to but not including 3,500,000 gallons of water per billing period:
[1] 
Inside district: $13.65 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $26.40 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(d) 
Consumers of 3,500,000 gallons of water or greater per billing period:
[1] 
Inside district: $14.15 per every 1,000 gallons of water or portion thereof plus the annual percentage increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
[2] 
Outside of district: $27.40 per every 1,000 gallons of water or portion thereof plus the annual percentage. increases in the NYR and the NWJWW rate per every 1,000 gallons of water or portion thereof.
(6) 
Bulk hauler rate.
[Amended 8-7-2007 by L.L. No. 11-2007; 12-2-2008 by L.L. No. 11-2008; 3-1-2016 by L.L. No. 6-2016; 5-21-2019 by L.L. No. 2-2019]
(a) 
All bulk hauler purchasers of water shall pay $37.18 per 1,000 gallons. Minimum bulk hauler purchase shall be deemed to be 1,000 gallons.
(b) 
For purposes of this section, the quantity of water purchased shall be measured by the full capacity of the equipment used to haul such water. The water shall be taken solely from a designated hydrant under the control and conditions of the Water Superintendent or his authorized representative.
(c) 
Wholesale rate for other municipalities by contract; other out-of-district rates at double the amount; 10% penalty charge after due date.
(7) 
Consumers whose water is purchased by the water district from the Town of New Castle. The water furnished to certain consumers by the water district is purchased by the water district from the Town of New Castle, pursuant to the terms of a water supply agreement entitled "Pines Bridge Water Supply Agreement" (hereinafter the "Agreement"). The cost of the water purchased pursuant to the Agreement (hereinafter, the New Castle water cost") as of January 2006 is factored into the computation of the water rate schedule set forth herein. Increases in the New Castle water cost shall be passed through to the consumer on an annual basis. Accordingly, the rate schedule for those consumers within the water district whose properties are supplied with water purchased from the Town of New Castle shall be the same as for consumers in the Kitchawan Water District, as set forth in Subsection D of this section, as the same shall be adjusted from time to time for increases and decreases in the cost of New Castle water. The rate for consumers within the district of 3,000,000 or more gallons of water per billing period shall be $9.24 per every 1,000 gallons of water or part thereof.
[Added 10-17-2006 by L.L. No. 11-2006]
(8) 
Town account rates. The water rate for all Town accounts shall be billed at the same rate billed to the Yorktown Consolidated Water District by the Northern Westchester Joint Water Works.
[Added 12-2-2008 by L.L. No. 10-2008]
(9) 
The Water Department may elect, upon request, to provide nonemergency repair or maintenance services to private complexes. Water Department responsibility to repair or maintain waterlines and equipment ends at the property line of the private complex. In the event the Water Department determines that an emergency does exist and immediate action is necessary, the Water Department may provide service. The charge for emergency or nonemergency service shall be the actual cost of labor and material, plus an additional administrative fee of 15%. The minimum charge for service is $350.
[Added 12-2-2008 by L.L. No. 12-2008; amended 5-21-2019 by L.L. No. 2-2019]
F. 
Fire-protection service rate shall be as follows:
(1) 
Sprinkle service: same as above.
(2) 
Customer owned hydrant on separate or sprinkler service: none.
(3) 
Water Department owned hydrant outside the Town: none.
(4) 
Water-Department-owned hydrant inside the Town: none.
G. 
Charge for beginning or restoring service.
[Amended 10-16-2001 by L.L. No. 11-2001; 6-6-2017 by L.L. No. 9-2017]
(1) 
Whenever water service is turned on, a service charge in an amount as set forth in the Master Fee Schedule[8] shall be imposed for beginning such service.
[8]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
Whenever water service has been discontinued pursuant to §§ 280-16 and 280-19 of this article, a service charge in an amount as set forth in the Master Fee Schedule[9] shall be imposed for reconnecting such service in all instances.
[9]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(3) 
In the event that charges or violations pursuant to §§ 280-16 and 280-19 of this article have been paid on or immediately prior to disconnect date specified in the turnoff notice, and an employee or agent of the Water Department arrives at the premises for the purpose of disconnecting the service, although the service is not actually shut off, the service charge in an amount as set forth in the Master Fee Schedule shall still be imposed.
H. 
Final readings. The charge for a final reading service is an amount as set forth in the Master Fee Schedule.[10]
[Amended 6-6-2017 by L.L. No. 9-2017]
[10]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
I. 
Service connection fee.
(1) 
(Reserved)[11]
[11]
Editor’s Note: Former Subsection I(1), regarding fees for service connections not requiring a main extension within an existing water district, was repealed 6-6-2017 by L.L. No. 9-2017.
(2) 
(Reserved)[12]
[12]
Editor’s Note: Former Subsection I(2), regarding fees for service connections not requiring a main extension outside an existing water district, was repealed 6-6-2017 by L.L. No. 9-2017.
(3) 
(Reserved)[13]
[13]
Editor’s Note: Former Subsection I(3), regarding fees for service connections for an industrial, commercial, mixed industrial/commercial/residential, or commercial/industrial use, as amended, was repealed 6-6-2017 by L.L. No. 9-2017.
(4) 
This subsection shall become effective immediately upon filing in the office of the Secretary of the State of New York in accordance with the provisions of the Municipal Home Rule Law. This subsection shall apply retroactively to industrial/commercial space or mixed/industrial/commercial/residential space of over 20,000 square feet for which a building permit was issued after January 1, 1989.
J. 
Charge for multiple owners on a single meter. Where the Water Superintendent requires one water meter for over eight individual owners, the charge for each individual owner per quarter shall be the total meter reading divided by the total number of units on said meter multiplied by the applicable rate under the incremental rate schedule.
[Amended 2-18-1992 by L.L. No. 5-1992]
K. 
Cross-connection fees.
[Added 9-1-2009 by L.L. No. 12-2009; amended 8-7-2012 by L.L. No. 12-2012; 6-6-2017 by L.L. No. 9-2017]
(1) 
Cross-connection fees shall be as follows:
(a) 
To review plans for new installation(s): an amount set forth in the Master Fee Schedule[14] per device.
[14]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(b) 
To test devices up to two inches in diameter: an amount set forth in the Master Fee Schedule per assembly.
(c) 
To test devices over two inches in diameter up to six inches: an amount set forth in the Master Fee Schedule per assembly.
(d) 
To test devices over six inches in diameter: an amount set forth in the Master Fee Schedule per assembly.
(2) 
Each retest will be charged at the same rate listed above.
(3) 
Payment is due prior to service.