[HISTORY: Adopted by the Town Board of the
Town of Chester as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Street excavations and driveways — See Ch. 81.
[Adopted 4-4-1969]
As used in this article, the following terms
shall have the meanings indicated:
Type K copper tubing annealed after coiling. The copper service
tubing shall meet all requirements of ASTM Designation B-88.
Five-eighths-inch disc meters, Rockwell Manufacturing Company,
in accordance with the standardization resolution of the Town Board
dated August 6, 1968.
Designated hereinafter as the Town Board.
Includes any districts as originally formed and as the same
may be extended by Town Board action from time to time.
As used in this chapter, water saddles for tapping mains
shall mean 67110270291 8 x 1 cc. Powerseal 3403 bronze service saddle
F/C900 or equal, or as approved by the Water Inspector.
[Added 4-28-2021 by L.L.
No. 3-2021]
The position of Water Inspector is hereby created,
to be filled by appointment by the Town Board at an annual salary
to be determined by the Town Board. The duties of the Water Inspector
shall include but shall not be limited to the supervision of all house
connections, the supervision of the installation of water meters and
the turning on or off of water service. The Water Inspector shall
be responsible for such other duties as may be assigned to him by
the Town Board.
The position of Meter Reader is hereby created,
to be filled by appointment by the Town Board at an annual salary
to be determined by the Town Board. The duties of the Meter Reader
shall be assigned by the Town Board.
The Town Clerk shall prepare applications for
water service in the district. The Water Inspector must approve the
application prior to the supplying of water service. The fee for the
application, which shall include inspection by the Water Inspector
of the hookup and of the meter installation, as well as turning on
the water, shall be $5 for each application. There shall be a separate
application and fee for each tap into a Town water line.
All water supplied to residential users in districts
shall be through approved water meters. There shall be no tampering
with water meters or breaking of meter seals with the intent to slow,
stop or alter the readings of the meter. All water meters shall be
the property of the Town of Chester, and any damage to a meter shall
be reported to the Town Clerk within five days of such damage. The
owner of the premises in which a water meter is installed shall be
liable for any and all damage to said meter when such damage is either
intentionally caused or caused by the negligence of the owner, occupant,
agent or employee.
All owners of property and their agents, occupants
or employees using water or seeking to use water supplied by the Town
shall allow an agent or employee of the Town to enter upon their premises
to install a water meter or to inspect and read the same within five
days after notice is mailed to them by the Town.
The service from the water mains owned by the
Town shall be copper service tubing. All couplings shall be three-part
unions, copper to copper. The copper service tubing shall be laid
at a four-and-one-half-foot depth from the curb stop to the structure.
The trench shall not be backfilled until the service is inspected
by the Water Inspector. The applicant or his agent shall notify the
Water Inspector a reasonable time prior to the time when the inspection
of the service is required. All cuts in the service pipe shall be
made with a hacksaw using a miter box or a cutting tool. The copper
service tubing shall be reamed, and after placing the nut coupling
on the pipe, the pipe shall be flanged, using a flanging tool. All
services shall be tested for leakage. Cuts in the foundation walls
for the service entrance must be patched. A flared connection shall
be made to the interior shutoff valve. There shall be no cross-connection
between the district water supply and any other water supply source.
[Amended 4-28-2021 by L.L. No. 3-2021]
No person shall tap any main or distributing pipe or make or
interfere with any connections with the district water system unless
under the direction of the Water Inspector or his or her authorized
agent. No Town street or highway shall be opened by any person for
the purpose of making a connection with the mains or for the laying
of pipes or copper service tubing or fixtures and taps on watermains
without water saddles for tapping such mains to be 67110270291 8 x
1 cc. Powerseal 3403 bronze service saddle F/C900 or equal, or as
approved by the Water Inspector except in accordance with the ordinances
of the Town of Chester governing excavations in Town streets and highways.[1] The Water Inspector shall also include any water department
employee or their authorized agent. Direct tapping C900 150 Class
plastic pipe shall be allowed only when a watermain is not put into
service. After the water main is in service, the 67110270291 8 x 1
cc. Powerseal 3403 bronze service saddle F/C900 or equal shall be
required.
The Town Board shall have the right to promulgate
rules, regulations or restrictions relating to the operation of the
water district, including restrictions on the use of water and the
prohibition of water for certain purposes if the Town Board finds
that circumstances exist which necessitate the imposition of such
regulations and/or prohibitions.[1] The Town Board shall publish such rules, regulations or
restrictions in the official Town newspaper as soon as possible after
their adoption and in no event more than five days after their effective
date. The rules, regulations or restrictions shall have the same force
and effect as if they were a part of this article.
[Amended 9-17-1992 by L.L. No. 7-1992]
The record owners of the property within the
district shall be responsible for all water bills accruing to the
property in their names. Pursuant to § 198 of the Town Law
of the State of New York, the Town Board shall establish water rates
to be paid by the users in the district and shall have the right to
change the water rates from time to time. These rates shall be a lien
upon the real property upon which or in connection with which the
water is used. Unpaid water charges in arrears for 30 days or longer
shall be subject to a penalty of $5 per month for each month or fraction
thereof beyond the thirty-day grace period, such penalty not to exceed
$25 for each semiannual billing period. If the water charges are not
paid in full, including the penalty, within 90 days of the date due,
the Town Board or the Town Supervisor may order the water service
shut off. The water service shall not be restored until the water
charges, together with all penalties, as well as any expense incurred
by the Town in connection with the shutting off of the water, have
been paid in full. Any payment received to be credited to an account
which at the time of receipt of payment is in arrears shall be applied
to arrearages and/or prior penalties first, and only after arrearages
and/or penalties are current shall such payment be applied to current
rental charges. Penalties shall continue to accrue in any such case
to any unpaid arrearages.
[Amended 12-10-1980]
Any person or firm who, himself or by his agents
or employees, shall commit an offense against any of the provisions
of this article or of any rule, regulation or restriction adopted
pursuant thereto, shall, upon conviction, be deemed to have committed
a violation pursuant to the Penal Law of the State of New York, punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day that an offense continues shall be deemed
to constitute a separate violation. In addition to the above-provided
penalty, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of the
terms of this article.
[Adopted 4-6-1971 by resolution]
A.
The management of the water districts shall be under
the supervision of the Town Board.
B.
No person shall make or have in existence any attachment
to or connection with any of the pipes or mains of the Town nor make
any repairs, additions or alterations to the service pipes, except
on the consumer's side of the meter, without prior written notice
to the Town Board, and no pipes shall be covered until said repairs,
additions or alterations have been inspected and approved by a representative
of the Town.
C.
All persons who hereafter make applications for water
service or who continue the use of the water service after the taking
effect of this article will be deemed to have assented thereto and
to have agreed to conform to the provisions of said article and to
pay the water rents hereby established.
A.
Written application for water service to any premises
must be filed with the Town Clerk on a form provided for such purpose.
This must be properly submitted with the correct fee before any tap
permit will be considered.
B.
In the event of the transfer of ownership of any property,
the new owner must file such application for water service.
C.
An application that requires a tap permit must be
accompanied by the standard tapping fee specified in the schedule
of rates.
D.
Water required for construction or other temporary
purpose shall only be used after written application to the Town Board
for permission to use the same, and the Board shall have the right
and power to fix such terms as the Board may deem proper for such
temporary use.
A.
The Town will lay and maintain service pipe from the
main to the curb cock.
B.
Service pipe from the curb cock to the meter shall
be laid at least 4 1/2 feet below the ground at all points and
shall be of Type K copper tubing with no soldered joints permitted
underground. The size of any service pipe hereafter installed shall
be 3/4 inch in diameter. Any other size must be approved by the Town
Board.
[Amended 10-5-1971; 12-10-1980]
C.
No tee or other fitting through which water can be
taken will be permitted on the service pipe between the main and the
meter.
D.
Outdoor meter pits may be installed in special cases
on written approval of the Town. Such meter pits must be installed
in accordance with Town specifications and at the expense of the property
owner. Any consumer wishing an outdoor water meter reader may install
one upon approval of the Town Board and at the expense of the property
owner.
E.
No branch will be allowed to be inserted in any service
pipe without a written permit from the Town. Where branches already
exist not provided with stop or curb cocks, in case of default in
payment of water rent by any one customer, the main service may be
cut off until back charges are paid, and the Town shall not be liable
for damages to any other customer who may thus be deprived of water.
F.
No pipe or fixture connected with the mains of the
Town shall also be connected with pipes or fixtures from any other
source unless specifically approved by the Town Board and Department
of Health of the State of New York.
G.
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the customer shall promptly lower or raise his service pipe to conform to the new ground elevation. In case the customer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge, defined in § 95-21C, will be made to cover the labor and expense by the Town resulting from the customer's failure to do so.
H.
In all places where steam boilers, hot-water tanks,
refrigerating or air-conditioning units are supplied with water from
the water system, the owner or consumer must see that the plumber
places a suitable safety valve, vacuum valve or other proper device
to prevent damage from collapse or explosion when the water is shut
off. The Town shall not be liable for any damage resulting from sudden
shutting off of the supply of water from any steam boiler or other
fixture deriving its supply from the water system.
I.
All water main taps shall have 67110270291 8 x 1 cc. Powerseal 3403
bronze service saddle F/C900 or equal, or as approved by the Water
Inspector. The Water Inspector shall also include any Water Department
employee or their authorized agent. Direct tapping C900 150 Class
plastic pipe shall be allowed only when a water main is not put into
service. After the water main is in service, the 67110270291 8 x 1
cc. Powerseal 3403 bronze service saddle F/C900 or equal shall be
required.
[Added 4-28-2021 by L.L.
No. 3-2021]
A.
All meters installed will be at the expense of the
developer or consumer after approval of the Town Board.
B.
In the event that the pipes of the consumer are not
in proper condition for the installation of a meter, the customer
shall cause said pipes, at the point at which said meter is to be
installed, to be put in proper condition prior to the installation
of said meter.
C.
Each building or parts thereof having unrelated occupancy,
separate or distinct use shall, at the option of the owner, have a
separate meter, but said meter shall be secured from the Town and
paid for by the owner, together with the cost of installation thereof.
Said meter shall be installed under the direction and to the satisfaction
of the Town.
A.
Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given the Town. Another meter will then be loaned and installed during the time required for testing and repair. The Town will cause the meter to be tested, and if the meter, on test, is found to be registering over 3% more water than actually passed through it, no charge will be made for the test if the test was requested by the owner. Otherwise a charge, as defined in § 95-21C, to cover the cost of removing, testing and resetting the meter will be made to the consumer requesting such a test.
B.
If a meter is out of order and fails to register,
the consumer will be charged at the average consumption as shown by
the meter when in order.
C.
No seal placed by the Town for the protection of any
water meter valve or other water connection shall be tampered with
or defaced. If any seal is broken, the Town reserves the right to
remove and test the meter at the customer's expense.
A.
The consumer shall protect all service pipes, meters
and appurtenances from damage by frost or freezing.
B.
The owners of premises into which water is introduced
by a service pipe shall be required to maintain in perfect order and
repair, at the owners' expense, said service pipe and its fixtures
and appurtenances from the curb box to and into the premises.
C.
The customer shall notify the Town promptly of any
leak, defect or damage affecting the service pipe between the property
line and the point where metered.
A.
No person shall open, interfere with or draw water
from any fire hydrant in the Town without a written permit from the
Town therefor, except that hydrants may be opened by or on order of
any member of a Fire Department within the Chester Fire District in
case of fire for the purpose of attaching thereto fire hose and equipment.
B.
Whenever a hydrant has been opened and used, notification
of such fact shall be given promptly to the Town.
C.
No tools or implements shall be used to open hydrants
except such as are furnished by the Town or Fire Department.
A.
Notice in writing delivered to the Town Clerk at least
10 days before the semiannual billing date shall be required in all
cases of applications for discontinuance of water service; otherwise
the consumer shall be liable for the minimum charge for the following
half year.
B.
In case a building is to be closed or become vacant, notice thereof shall be given the Town in order that the meter may be read and curb cock closed. The meter shall be removed and stored by the Town. Where such notice is not given and pipes burst from freezing or other cause, or where the meter is damaged or destroyed by any act of commission or omission of the owner, the value of the water lost by reason thereof as estimated by the Town, together with the cost of repair of said meter and pipes, together with the additional sum defined in § 95-21C, shall be paid prior to the installation of a new meter in said building.
C.
The Town may discontinue water service and shut off
the supply from any premises the owner or occupancy of which has failed
to comply with the provisions of any ordinance relating to the character
or construction and maintenance of pipes and connections and the use
of water. Such service will not be resumed until the cause for such
discontinuance is removed and the expense of shutting off and turning
on the water, if any, is paid to the Town Clerk.
D.
No person shall close or interfere with any curb cock
except by direction of the Town, nor shall it be turned on without
the permission of the Town.
A.
The Town or its authorized agents shall have full
power to enter premises of any consumer at all reasonable hours to
install meters, read meters and examine all fixtures, plumbing and
manner of using water.
B.
The Town reserves the right to limit the amount of
water furnished any consumer should circumstances seem to warrant
such action although no limit may be stated in the application or
permit for use; or said Town may entirely shut off the water supply
used for any manufacturing purposes or for furnishing power or for
lawn sprinkling, car washing, outside use or as otherwise adopted
by regulation of the Town Board, at any time, by giving reasonable
notice of such intended action; or in case of making or constructing
new work or in making repairs or in emergency, the right is reserved
to shut off water from any consumer without notice for as long a period
as necessary.
C.
The Town shall not be liable for any damage or loss
of any name or kind of property or persons which may arise from or
be cause by any change, diminution in or increase of the water pressure
from any cause whatever.
D.
The right is reserved to amend these regulations and
make contracts in all proper cases or to turn off the water supply
without notice in case of extensions, repairs or other necessity without
liability for damages for lack of water or for any damage which may
result from the turning off of the water supply.
E.
Whenever any of the provisions of these rules, regulations
and ordinances are violated, the water supply may, in the discretion
of the Town, be shut off and the meter removed.
A.
The water rents and schedule of charges for water
shall be in such amounts as the Town Board may establish from time
to time by resolution of the Town Board at a regular meeting thereof.
Said schedule of rates and charges shall be posted in the office of
the Town Clerk and shall be effective immediately.
[Amended 12-10-1980]
B.
The cost of the meter and service pipe from main to
the curb cock, including the installation of the meter and curb cock,
is to be paid upon application for water service, including minimum
charge, and shall be as follows: The tapping fee for all taps, regardless
of diameter, and service lines, meters, curb boxes, etc., will be
designated at the time of application by the Town Board.
[Amended 6-13-2012 by L.L. No. 2-2012]
C.
Service charges shall be as follows:
[Amended 7-5-2005 by L.L. No. 3-2005]
A.
The Town will endeavor to read each meter at regular
intervals of six months. The Town reserves the right to district the
Town for this purpose, each with a separate semiannual billing period.
The Town will then maintain on file a map showing the districts and
the billing period for each such district. The Town also reserves
the right to alter such districts and billing periods in the interest
of economy and efficiency.
B.
Bills shall then become due and payable within the
month indicated on the bill without penalty, and such payment shall
be made to the Town Clerk.
D.
If such bill remains unpaid for a period of 90 days from invoice date, water service may be discontinued until such bill, together with penalties hereinbefore provided and together with the charge defined in § 95-21C to cover the expense of discontinuance and restoration of service, is paid. This shall be at the discretion of the Town Board.
