A.
The following rules and regulations established by
the Town Board of the Town of North Salem, acting for and on behalf
of and as Commissioners of the Croton Falls Water District, the Candlewood
Park Water District, the Sunset Ridge Water District and the Salem
Acres Water District (hereinafter referred to collectively as the
"municipal water districts," "water districts" or "districts"), are
hereby made a part of the contract between the Municipal Water Districts
consumers and each and every party taking and/or using water furnished
by said districts or making connections with its mains. The Town Board
reserves the right to make such changes in these rules and regulations
as it may from time to time deem desirable.
[Amended 12-8-2020 by L.L. No. 2-2021]
B.
The system is an existing system, and the Town Board
is under no obligation to improve the quality, other than health requirements,
and quantity of the delivery of water if such improvement requires
changes in the physical plant. Further, because information regarding
the location of all water pipes is not available in all instances,
the Town Board is absolved from responsibility resulting from lack
of available information.
C.
Every consumer or taker of water from the system of
said water districts shall be in all respects bound by and shall be
considered to have agreed to the rules, regulations and requirements
of said Board as herein set forth or as hereinafter amended as a condition
precedent to the rights of service from said water system.
The Town Board reserves the right to make such
changes in the rules and regulations and schedule of water rents as
it may, from time to time, deem desirable.
[Amended 5-9-2006 by L.L. No. 4-2006]
No person or corporation shall be allowed to
use the water of said district for any purpose whatever without first
making application therefor to the Town Clerk, signed by the owner
of the property or by an agent holding legal authorization to sign
for the owner and depositing an escrow of $800 for engineering review.
Upon positive recommendation by the engineer, the Town Board will
issue a written permit. Acceptance of such permit signifies assent
to all the rules, regulations and schedule of water rents of the North
Salem Water District.
[Amended 5-9-2006 by L.L. No. 4-2006]
Persons desiring the use of the district water
for building construction shall make application to the Town Clerk
for such service. Water for building construction will be charged
for at a flat rate depending on the type and size of building, the
minimum charge for any building being $50. The district reserves the
right to regulate the purpose for which the water may be used during
construction and may, at its option, require the water to be metered
and the fee for such water paid for at the rate then in force.
A.
Tappings; connections.
(1)
All tapping and making of connections with the mains or water pipes of the water district shall be made by the applicant's qualified contractor as defined in New York State Sanitary Code Chapter 1, Subpart 5-4, and under the supervision of the Water District Operator. Extension of the system to any property not already served by the system, irrespective of the location of mains or other piping, will only be done at a cost borne by those benefited.
[Amended 5-9-2006 by L.L. No. 4-2006]
(2)
Violation of this regulation shall authorize the Water
Operator to cause the water to be shut off without notice. A separate
tap and service pipe will be required to each consumer taking water
through a separate meter, but any number of families or business units
in a single building may be supplied by the owner thereof through
a single meter.
B.
Service lines.
(1)
Main to curb box.
(a)
The size of the service line will be one inch
unless otherwise designated by the Water Operator in accordance with
information to be furnished by the consumer as to his probable requirements.
Service lines from the main to a point approximately on the property
line will be installed completely by a licensed contractor acting
as agent for the owner, under the supervision of the Water District
Operator and at the expense of the property owner and will consist
of a corporation cock inserted in the main, a section of one-inch
copper tubing lines and a curb cock and box to be located approximately
on the property line and a meter box and meter set near the curb cock
and box. Lines of two-inch diameter or greater shall consist of ductile
iron pipe in accordance with American Water Works Association standards
and suitable for a working pressure of 150 pounds per square inch.
All these items shall remain the property of the water district.
[Amended 5-9-2006 by L.L. No. 4-2006]
(b)
The property owner shall deposit, at the time
of filing the application, a sum sufficient to cover the cost of supervision
and inspection services of the Water Operator during the installation
and testing of the service line and any related facilities. This amount
shall be determined by the Water Operator and paid to the Town Clerk.
[Amended 5-9-2006 by L.L. No. 4-2006]
(c)
All curb boxes, once set, shall be adjusted
to changes in grade and shall be kept accessible and in repair by
the property owner if such change is caused by the property owner.
No person shall turn on or shut off any curb cock controlling any
service line without permission of the Water Operator. No person shall
cover or conceal with earth, sidewalk or any substance, any curb box
or any laterals from the main premises.
(2)
Curb box to building.
(a)
From the curb box to and into the property owner's
building, the service line is to be installed by the property owner's
licensed contractor and at the property owner's sole expense. The
service line is to be a minimum diameter of one-inch Type K copper
tubing unless otherwise ordered. No soldered joints shall be permitted
in copper tubing installed underground.
[Amended 5-9-2006 by L.L. No. 4-2006]
(b)
A stop cock or valve is to be placed inside
the foundation wall, and also a tee with a drain cock, so that water
in the house system can be drained.
(c)
All trenches for service lines shall be excavated at least four feet in depth and at right angles to the main unless otherwise ordered by the Water Operator. When the trench is ready, the owner shall connect the service line with the curb cock and shall lay the service line into the building. When the service line has been completely installed within the property limits by the owner or his agent, he shall notify the Water Operator, who will inspect the connections and will turn on the water and test the line. If the test is satisfactory, the owner shall then backfill the trench in accordance with § 230-19; but if said test is not satisfactory, the owner shall make such alterations as requested by the Water Operator, who shall retest the line before permission to backfill is granted. If any service line is backfilled before testing in the presence of the Water Operator, the trench shall be reexcavated.
(d)
No connection is to be made until an application
has been filed with the Town Clerk and approved by the Town Board.
[Amended 5-9-2006 by L.L. No. 4-2006]
(e)
Except with written permission of the Water
Operator, a separate tap and service shall be installed for each building
used for residence purposes and located on the street in which there
is a district water main, and no consumer shall be permitted to supply
water to other persons or premises. No connections of any kind shall
be made to the service pipe between the main and the meter.
[Amended 5-9-2006 by L.L. No. 4-2006]
Tapping and making connections to mains or water pipes of the district, or privately owned mains supplied by the district with water, must in all cases be done by a qualified contractor as defined in New York State Sanitary Code Chapter 1, Subpart 5-4, and under the direction of the Water Operator. All other work of connecting premises with water must also be done by a licensed contractor.
The tap shall be inserted on the upper quarter
of the pipe facing the premises, bringing the line of the tap at an
angle of 45° from the vertical plane. If subsurface conditions
prohibit placing the tap in this position, it shall, if practicable,
be placed at a point further down the pipe, but not below the horizontal
plane. The tap may be placed at or near the top of the pipe if no
other location is practicable.
All one-inch taps shall be spaced at a minimum
distance of 18 inches apart. All one-and-one-half-inch and two-inch
taps shall be spaced at a minimum distance of 24 inches apart. No
tap shall be inserted within 24 inches of the face of the hubs, special
castings, hydrant branches or dead ends.
Attention of owners is called to the fact that
whenever street openings are to be made in connection with service
pipes, the necessary permits for such openings must be obtained from
the proper agencies at the owner's expense.
After the owner has received a permit for water and paid the necessary charges, he shall have the necessary trenches for the service pipe excavated. All trenches for service pipes shall be at least four feet in depth and at right angles to the curbline, unless special permission is granted by the Water Operator for a variation. When the trench is ready and on proper notice of the fact, the Water Operator shall supervise the installation of the corporation cock and the curb stop and the necessary connections between the corporation cock and curb stop. Service pipes from curb stop to meter less than two inches in diameter shall be of pure, seamless, soft-tempered copper tubing of a make approved by the district, with flared bronze fittings or red brass, and shall be placed by the plumber, but no trench shall be backfilled until after the completed service pipe had been inspected and passed by the Water Operator. As backfilling proceeds in accordance with § 230-19, the curb cock shall be covered by an extension service box which will be approved by the Water Operator. This curb box shall be set by the plumber with the top flush with the ground. No soldered joints shall be permitted in copper tubing underground.
[Amended 5-9-2006 by L.L. No. 4-2006]
No service pipe leading from the curb box to
the meter shall be less than one inch in diameter or less than four
feet under the ground, unless special permission is granted by the
Water Operator for a shallower depth. All service pipes between the
curb box and meter shall be maintained in good condition by the property
owner. Should a leak develop, it shall be repaired immediately. In
the event of the failure of the owner to repair such leak, the water
district may, at its option, either shut off the service at the curb
box and keep it off until repairs are made or enter upon the property
and make the necessary repairs, charging the cost of the same to the
owner. Whenever any service is so cut off, a charge of $30 or the
actual cost, whichever is greater, to be paid to the Town Clerk, will
be made for reopening the same.
No connections of any kind shall be made to
the service pipe between the main and the meter.
If connections are made on any private line
before the meter by other than water district employees, without the
permission of the Town Board, it shall be sufficient cause for shutting
off the water without notice.
In cases where the stopcock boxes and street
washers are set into the flagging or pavement of the sidewalk, the
stones are to be neatly and accurately cut, and the top of the boxes
are to be set even with the surface of the pavement or flagging and,
in all other cases, flush with the surface of the sidewalk.
Whenever the stopcock has been placed deeper
than six feet, a stationary wrench which comes up to the ordinary
depths of the cocks must be put on, the top of this wrench to be formed
like the top of the stopcock and the rod to work in a guide immediately
below its top or handle.
All copper service pipes shall be of Type K
and shall have an excess of three feet of pipe formed into a goose
neck at the connection to the tap and laid to the right hand, facing
the tap.
The minimum diameter of a service pipe shall
be one inch, and the service pipe shall not be less than the diameter
of the tap controlling it.
Each new service or repair to a service shall
be subjected by the plumber, in the presence of the district representative,
to a water test under the main pressure for a minimum period of 10
minutes or longer if required by the Water Operator. All pipes and
appurtenances shall remain uncovered for the duration of the test
and shall show no signs of leakage.
After a tap has been inserted and service pipe
installed, the backfill around the main and the service shall be 18
inches of salt-free sand as the base and covering of the main followed
by clean earth, free from stone or cinders, and carefully tamped under
and around the main and service. The remainder of the backfill shall
be free from stones larger than six inches in diameter and shall be
satisfactorily compacted either by tamping or flushing, or both. The
service pipe shall not be laid within six inches of any other subsurface
structure, conduit or pipe, unless subsurface conditions make it impossible
to do otherwise.
[Amended 5-9-2006 by L.L. No. 4-2006]
It shall be unlawful for any person, other than
a Water Operator employee or delegated authority, to:
A.
Use water other than as represented in the application
for service or through branch connections on the street side of the
meter or place reserved thereof;
B.
Willfully waste or use water through improper and
imperfect pipes, or by any other means;
C.
Tamper with any service pipe, seal, meter or other
equipment or appurtenances owned by the district;
D.
Cross connect pipes carrying water supplied by the
district with any other source of supply or with any apparatus which
may endanger the quality of the water supply;
E.
Open or close any valve or gate in the main or tamper
or interfere with same in any manner;
F.
Cover or conceal with earth, sidewalk material or
any substance, any curb box or laterals from the main to any premises;
G.
Refuse reasonable access to the property at any reasonable
hour during the day for the purposes of inspecting fixtures or piping
or for reading, repairing, testing or removing meters;
H.
Redistribute, submeter or resell water in a manner
not in accordance with the rules and regulations.
Water shall be obtained from the mains of the
districts only through a metered service, with the exception of temporary
usage during authorized construction upon arrangement with the Water
Operator. When meters are furnished for temporary service, a fee of
$50 will be required by the Town Board for each meter.
[Amended 5-9-2006 by L.L. No. 4-2006; 10-10-2006 by L.L. No.
10-2006]
Meters will be furnished by and remain the property
of the district. The actual meter cost plus installation shall be
billed by the district to the consumer. In the event a request is
made by a consumer to move a meter, there shall be a charge for the
removal and reinstallation of the meter, even in the event the reinstalled
meter is an upgraded model.
[Amended 5-9-2006 by L.L. No. 4-2006]
Meters shall be located in the building and
must be set by the Water Operator or authorized representative thereof,
in a horizontal position, not more than three feet from the point
where the service enters the building. Should the distance from the
curb box to the building exceed 100 feet, the owner shall cause a
meter pit to be installed, under the direction of the Water Operator,
within the road right-of-way near the property line. The meter pit,
piping and valves shall be insulated as required to prevent freezing,
and pit access shall be via a hinged locking hatch. A suitable valve
shall be installed on the inlet side of the meter and a double check
valve, Watts or equivalent, as approved by the Water Operator, on
the outlet side of the meter where necessary. Attention of the property
owner is called to the fact that in some instances it will be necessary
to install relief valves on the plumbing system on the inlet side
of the meter within the building. The meter must be kept accessible
at all times. The employees and agents of the water district may enter
the premises of the consumer at any reasonable time to examine the
pipes and fixtures, the quantity of water used and the manner of its
use. For the purpose of this article, the hours from 8:00 a.m. to
6:00 p.m. shall be considered reasonable.
A.
Meters shall be read periodically by the Water Operator
or its designee. When this is not possible, the Water Operator will
leave a meter reading card which the user will fully complete and
return within two weeks.
B.
It shall be the duty of the property owner to protect
the property of the district from harm. Should a meter become frozen
or otherwise damaged, it shall be repaired by the water district at
the expense of the owner. The minimum charge for such repair shall
be $25.
Should the consumer feel that the meter is not
registering properly, he shall file a complaint with the district,
whereupon the meter will be removed and tested by the Water Operator.
If it is found to register against the consumer by more than 2%, there
will be no charge for removing, repairing and resetting the meter.
If, however, the meter is not found to register against the consumer
by more than 2%, a minimum charge of $25 will be made for the test.
Should the meter get out of order and not register
properly, the water district may, at its option, fix the charge against
the consumer by the average consumption rate as shown by a correct
meter on the service or according to the consumption during previously
corresponding period.
No more than one meter will be furnished for
each service. Where more than one meter to a tap is desired, the owner
may obtain it by paying the charge for the use of the extra meter
as set forth herein.
[Amended 5-9-2006 by L.L. No. 4-2006]
All persons are hereby forbidden to interfere
with or remove a water meter from any service after it has been attached,
under a penalty of $100 for each offense.
[Amended 5-9-2006 by L.L. No. 4-2006]
Meter glasses will be placed on meters by the
Water Operator upon payment of a fee equal to the actual cost of labor
and material. Dirty glasses and dials will be cleaned and leaky spindles
packed by the Water Operator, without charge.
In any premises where water may be obtained
through more than one metered service, the district reserves the right
to shut off and seal any service.
[Amended 5-9-2006 by L.L. No. 4-2006]
No seal placed by the district for the protection
of any meter, valve, fitting or other water connection shall be tampered
with or defaced. It shall not be broken except on written authorization
from the district. Where the seal is broken, the district reserves
the right to order the meter removed for testing at the expense of
the consumer and upon a penalty of $50.
No person or persons shall be permitted to take
water from hydrants to sprinkle any streets or portions of the streets
or for any purpose without having obtained a permit from the district,
which permit shall be good only for the time named therein.
All abandoned services shall be shut off at
the curb box, and should the curb box not exist or not be found, the
abandoned service may need to be shut off at the main as determined.
The expense of opening the street and doing the work, if required
by the Town Board, shall be borne by the owner of the premises.
The water district does not guarantee service
from the curb box to house or through any piping, valves or connections
therein. Faulty service or inadequate supply is frequently due to
corroding or stopping of these pipes and fixtures. Any necessary changes
in piping, valves or connections to increase the water supply or efficiency
must be made by the owner at his own expense.
The water district reserves to itself the control
of all taps, mains, curb boxes and meters. It also reserves the right,
whenever it deems it proper or whenever there is a violation of the
rules and regulations, to take charge of and control the stopcock
and service pipes. The district will not be accountable for any breaks
or obstructions caused by frost or otherwise or from any damage arising
by leakage from service pipes, fixtures or pipes owned by individuals.
[Amended 5-9-2006 by L.L. No. 4-2006]
The owner must keep the service pipes and fixtures
in good repair, at his own risk and expense, and prevent all unnecessary
waste of water, and all water consumers shall be liable for all such
repairs as shall be deemed necessary to prevent water waste. Upon
failure to comply with this rule, the district may repair the same
and bill the owner. In the event that any such charge for work done
or materials furnished shall remain unpaid for one month after the
presentation of the bill, the Board may turn off the water and not
turn it on again until all charges are paid, including charges of
$30 plus the cost of labor each time for turning off and on the water.
The water shall only be turned on and off by
a representative of the water district, unless in case of emergency,
when immediate notice must be given to the water district. Violation
of this rule shall be sufficient cause for shutting off the supply
of water.
North Salem Water Districts shall not be liable
for any personal injury or damages which may result to consumers'
pipes, appliances, etc., from the shutting off or breaking of water
mains or service pipe for any purpose whatever, whether previous notice
has been given or not, or as a result of changes in water pressure.
In cases where boilers are supplied with water,
a suitable valve or other device must be applied to prevent collapse
or explosion in case the water is shut off in the street mains. No
deductions from water bills will be made for periods when the service
is shut off.
North Salem Water Districts shall not be held
liable for property damage or personal injury sustained by reason
of failure to supply water or to maintain normal pressure to any consumer
at any time for any reason. Districts reserve the right to shut off
the water in the mains for the purpose of making repairs and extensions,
or to change water pressure levels. Districts reserve the right to
control the amount of water supplied in the event of a supply shortage
due to any eventuality.
The resale of district water by customers of
the district is expressly prohibited.
In no event may the owner of a multidwelling
unit buy water from the district and profit by the resale of that
water.
The Town Board in its capacity as Water Commissioners
shall establish, and may amend from time to time by resolution following
a duly noticed public hearing, a schedule of water rates.
[Amended 9-14-2004 by L.L. No. 3-2004; 3-13-2012 by L.L. No.
1-2012; 12-11-2012 by L.L. No. 9-2012; 1-23-2018 by L.L. No. 2-2018; 12-8-2020 by L.L. No. 2-2021; 12-27-2022 by L.L. No. 8-2022]
Water rates shall be as follows:
A.
Sunset Ridge Water District: $6 per 1,000 gallons on the first 10,000
gallons per year, for the maximum volume of 10,000 gallons in the
calendar year; $6 per 1,000 gallons from 10,001 gallons to 90,000
gallons per year; and $7.50 per 1,000 gallons from 90,001 gallons
and up.
B.
Croton Falls Water District: $6 per 1,000 gallons for the minimum
volume of 10,000 gallons in the calendar year, and $7.50 per 1,000
gallons thereafter.
C.
Candlewood Park Water District: $4 per 1,000 gallons, for the minimum
volume of 10,000 gallons in the calendar year, and $5 per 1,000 gallons
thereafter.
D.
Salem Acres Water District: Until such time as meters are installed,
water charges will be split evenly amongst the 44 residences, as well
as any future residences or entities, receiving water from the system.
When meters are installed, water usage charges will be set based on
usage at a rate of $6 per 1,000 gallons with a minimum rate based
on 15,000 gallons per year. In the year of meter installation, the
cost for water will be prorated based on the percentage of the year
with meters and without meters following the methods for each mentioned
above. All capital expenses will be paid for based on 50% of the assessed
valuation of the properties in the district and 50% by all of the
lots in the district.
A.
All water rents are payable to the Receiver of Taxes
and are to be deposited by the Receiver, to the credit of the water
district, in a bank designated by the Town Board. By the 10th of each
month, the Receiver of Taxes will give the Supervisor a monthly report
which provides the monthly totals for each water district, noting
any exceptions that may have impacted collections for the month.
B.
Unpaid water rents in arrears for over 30 days shall
be subject to a penalty of 5% of the amount due; arrears for over
60 days of the date due; and, if paid thereafter, shall be subject
to a penalty of 10% of the amount due.
C.
If the water rent or charge, plus any penalties which
may have accrued thereon, remains unpaid as of the close of business
on the last business day of the third week of February of each year
as shown by the statement of the Receiver of Taxes made to the Supervisor,
the Supervisor shall transmit such statement to the Assessor by March
1 of each year to be included on the State, County and Town tax bill
payable April 1 of each year as a roll section and specialized bill.
D.
When collected, the moneys, including penalties, shall
be deposited to the credit of the water district.
E.
The penalties here mentioned shall include any penalties
on the water rents, plus any penalties arising after such water rents
become taxes.
F.
Unpaid water rents which have become taxes shall be
paid to the water district by the Town within 10 days after the filing
of the Tax Lien Delinquency List with the County Clerk.
The payment of water rents must include all
arrears and charges to date. No payment will be received which leaves
a previous charge unpaid.
Water rates are a lien on real property. The
water district shall enforce its collection procedures in the following
manner:
A.
Based on an annual billing cycle, the Receiver of
Taxes shall transmit a written list of delinquent water arrears to
the Supervisor's office by January 31 of each year.
B.
The Supervisor's office shall then mail a statement
to the last known address of the owner of said property by certified
mail, return receipt requested, indicating the water arrears and amount
due, and if the charges are not paid in full by the close of business
on the last business day of the third week of February, then the water
arrears charge will become a lien on the real property.
C.
When any water bill is two months or more in arrears,
the Supervisor may report same to the Town Board which may direct
to authorize that the water supply be cut off, upon the giving of
five days' prior written notice to the property owner.
D.
The office of the Receiver of Taxes shall keep a permanent
written record of the date water service was discontinued in each
instance, together with a meter reading taken at the time of shut
off.
All water rents are the responsibility of the
owner of the premises when such premises are leased by one or more
tenants.
A.
Water bills shall be mailed on an annual basis. The
water rates are levied based on the most recent registration of the
meter prior to the mailing of bills.
B.
Anyone failing to allow their water usage meter read,
or failing to return a fully completed meter reading card within the
two weeks of the date of mailing, will be sent an additional card
by certified mail. Failure to return this card fully completed within
seven days by proof of postmark shall make the water user liable for
a fine of $50 for each calendar month or part thereof until compliance
is achieved.
The Receiver of Taxes will send out bills as
an accommodation to the consumer, but the delivery of such bills to
the proper party is not guaranteed. If the consumer does not get a
bill on an annual basis, he should call the office of the Receiver
of Taxes for a copy of same. Partial payments of the water bills will
not be accepted.
A.
Written notice must be given by the owner to the Water
Operator and to the Town Clerk at Town Hall, 266 Titicus Road, North
Salem, New York 10560 at least 10 days prior to the date desired for
termination of service or that the use of water is to be discontinued,
and it shall be turned off at the curb box when the property is temporarily
vacated, if requested by the owner. The meter may be removed. A charge
of $30 or the actual cost of labor, whichever is greater, will be
made for turning off the water. The owner will be responsible for
the use of water up to the time such notice is filed with the district
at Town Hall, and a written request must be filed to have the water
turned on again, for which service a charge of $30 or the actual cost
of labor, whichever is greater, will be made.
[Amended 5-9-2006 by L.L. No. 4-2006]
B.
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 Board, together
with the cost of said meter and pipes, and any additional sum set
forth in the schedule of rates, shall be paid prior to the installation
of a new meter in said building.
Service of any notice, authorized or directed
by or on behalf of the Town Board, may be served upon the owner or
consumer personally or by posting the same in a prominent place at
the premises where water is supplied or by sending the same by mail
to such party at the last address furnished to the district or Receiver
of Taxes.
Except as otherwise provided herein, any person
committing an offense against any provision of this article shall
be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this article shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
[Amended 5-9-2006 by L.L. No. 4-2006]
In case of the violation of any of the rules,
the Town Board, acting as Commissioners of the district, may shut
off the water supply upon 24 hours' notice, and water shall not be
turned on again until the rules are complied with and all unpaid charges
and rents are paid, together with additional charges of $50 for turning
off the water and $50 for turning on the water.
[Added 5-9-2006 by L.L. No. 4-2006[1]]
Should the consumer fail to allow the replacement
of a meter which is out of order or not registering properly, the
district shall fix the charge against the consumer based on the last
reliable consumption rate recorded, plus 15%, and shall make the water
user liable for a fine of $50 per calendar month until compliance
is achieved.
