[Adopted 5-1-2017 by L.L. No. 2-2017[1]]
[1]
Editor’s Note: This local law also repealed former Art. I, Water Service Regulations, adopted 9-19-5-1988 by L.L. No. 9-1988, as amended.
This article shall be known and may be cited as the "Water Department Regulations Law of the Village of Croton-on-Hudson."
As used in this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOARD
The Board of Trustees of the Village of Croton-on-Hudson, New York.
DEPARTMENT
The Water Department of the Village of Croton-on-Hudson, New York.
MANAGER
The Village Manager of the Village of Croton-on-Hudson, New York.
OWNER
The owner of the premises, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or premises.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
VILLAGE
The Village of Croton-on-Hudson, New York.
The purpose of this article is to provide for the health and safety of Village residents by regulating the installation and alteration of all water mains and conduits in the Village and by prescribing rules and regulations for the distribution and metering of water and for the conservation of water during emergencies.
A. 
Application.
(1) 
Application for water service must be made at the office of the Village Engineer on forms furnished for that purpose and must be signed either by the property owner, contractor or the plumber who is to perform the work. The location of the property to be served must be shown on the Tax Maps of the Village, as well as the street name and house number, if assigned. Applications must be returned to the office of the Village Engineer, properly completed, at least 72 hours before the work is to be commenced. All work to be done must be inspected and approved by the Superintendent of the Department of Public Works or his representative prior to acceptance. In the case of service connections which are larger than one inch, applications must be returned to the Village Engineer, properly completed, at least 15 days prior to the commencement of work (excluding Saturdays, Sundays and holidays).
(2) 
The application constitutes a binding obligation on the part of the applicant, and each applicant agrees to be bound by all rules, regulations and laws of the Village and the Department now in force and/or which may from time to time be adopted.
B. 
All fees for water service connections must be paid in advance. The fee amounts shall be set from time to time by resolution of the Board of Trustees. Prior to any work being performed in the street right-of-way, all other required permits shall be obtained from the appropriate agency.
[Amended 6-6-2022 by L.L. No. 6-2022]
A. 
Each premises in single ownership must be provided with a water service connection with no more than one water service connection per premises. Each water service connection must be metered.
B. 
Work in connection with the tapping of mains and/or water lines of the Village water district (up to two inches in size) must in all cases be performed by employees of the Department. Work in connection with the installation of water service connections between the mains and the street (lot) lines must in all cases be performed under the supervision of employees of the Department. For service connections greater than two inches, the property owner shall assume the entire cost of the water service, including but not limited to, the wet tap, tapping sleeve, valve and valve box, piping, hydrants and all other appurtenances from the Village main to the building and hydrants, with all work to be performed under the supervision of the employees of the Department. In all cases, the owner of the property is responsible for all work outside the street lines. Tapping of all Village mains is the domain of the Water Department. Upon request, the Department may authorize an independent contractor to conduct a tap larger than two inches. Such independent contractor must file an application on forms provided by the Department and containing information and documentation as may reasonably be required by the Superintendent of the Department of Public Works or his designated representative. For all work performed inside the building, the owner must secure a qualified licensed plumber. The curb box shall be located no farther than three feet from the edge of pavement (or curb where curbs are in place). In the case where the water main is located between the edge of pavement (or curb where curbs are in place) and the property line, the curb box shall be located as close to the main as practicable, but in any case, between the main and the property line. In all cases where a curb box is improperly located on private property, the Water Department shall not be responsible for the repair and maintenance of the service line, curb valve and/or curb valve box beyond the proper curb box location, even though no curb box may be in place at the proper location. Upon completion of designated work and prior to backfilling of trenches, all work must be inspected and approved by the Superintendent of the Department of Public Works or his designated representative.
[Amended 10-16-2023 by L.L. No. 18-2023]
C. 
The service line from the curb stop to the buildings shall be installed and maintained entirely by the owner at a depth of not less than 42 inches but not greater than 48 inches. All pipe that is installed from the curb stop to the water main must be of Type K copper in conformance with the Department-installed standards. Such service line shall be not less than 3/4 inch in inside diameter. Each service line must be installed in accordance with the Department's water service installation diagram.
D. 
Whenever an existing water service connection is to be replaced or abandoned, the existing water service connection is to be removed in its entirety and the connection to the main shut off by the Department, with all work being at the owner's expense.
E. 
All owners, contractors or plumbers are required to notify the Department, in writing, whenever they are renewing or repairing a customer's service line. After due notification of a leak in that portion of the service line for which the owner is responsible, such leak shall be repaired within 72 hours, or the owner will be subject to the penalties prescribed under § 223-13 hereof.
F. 
Fire-protection systems must be designed, installed and maintained in conformity with National Fire Protection Association (NFPA) regulations and other applicable regulations.
A. 
All water must be supplied by meter measurement except for private fire hydrants and/or fire sprinkler service except if required by the Department. If a meter is required for a private hydrant and/or fire sprinkler service, then the owner must furnish, install and maintain such meter at no cost to the Village or Department. Property owners with unmetered private fire hydrants on their property shall be required to pay an annual fee. Said fee shall be established by resolution of the Board of Trustees.
[Amended 6-6-2022 by L.L. No. 6-2022]
B. 
Meters up to a maximum size of 1 1/2 inches shall be furnished by and shall remain the property of the Village. Approved meters over the prescribed maximum size shall be furnished, installed and maintained by the owner at the owner's expense.
C. 
All meters must be installed by the owner or licensed plumber at his or her own expense. Replacement meters up to a maximum size of 1 1/2 inches will be furnished by and installed by the Department after the payment of a fee which shall be set from time to time by resolution of the Board of Trustees. Replacement meters above the prescribed maximum size shall be furnished, installed and maintained by the owner at the owner's expense. Replacement radio interface modules which have failed through no fault of the property owner will be furnished by and installed by the Department at no cost. Those modules which have failed through negligence or damage shall be furnished and installed by the Department, and the property owner shall pay a replacement fee which has been established by resolution of the Board of Trustees. Shutoff valves must be placed on the outlet side and on the inlet side of all water meters. These valves must be installed within two feet of the water meter. Meters shall be installed and located where they are not subject to freezing and are readily accessible for removal by Department personnel. All meters shall be installed in accordance with the Department's water service installation diagram or plan approved by the Village Engineer. In no case shall any branch line or any form of outlet be connected to the service at any point between the main and the meter.
[Amended 6-6-2022 by L.L. No. 6-2022]
D. 
Meters must be accessible to and subject to the control of the Department at all times. No one other than employees of the Department shall move or interfere with the operation of the meter except by permission of the Department. When meters are sealed, the seal may be broken only by an employee of the Department. Should the seal be broken other than by an employee of the Department, the owner will be held fully responsible, and the Department reserves the right to order the meter removed for testing at the expense of the owner. The charge for this test shall be that which is in force at the time of test.
E. 
Where the building to be served is located more than 50 feet from the curb stop, the Department may require the meter to be placed at an approved point outside the building in a meter vault approved by the Department. It is the responsibility of the owner to maintain the meter vault in a condition of good repair and free from all debris so that the meter can be easily read. The meter vault must be approved by the Superintendent of the Department of Public Works or his designee prior to the installation of the meter.
F. 
All work in connection with the maintenance of meters up to a maximum size of 1 1/2 inches will be performed by the Department; all other must be maintained by the owner. If a meter is out of order or fails to register the water consumption properly, it will be changed or repaired as heretofore stipulated. Damage to meters caused by negligence of the consumer or owner will be charged to the owner; this includes frozen meters and meters damaged by hot water. All water that passes through the meter will be charged to the owner, whether the water is legitimately used or wasted through leakage.
G. 
In the case of a disputed account involving the accuracy of a meter, such meter shall be tested, if within the Department's jurisdiction, upon a request of the owner or consumer. All meter testing shall be paid for by the owner/consumer and payment shall be made at the time the request for the testing is made. In the event that the meter so tested upon a request of the owner/consumer is found to have an error in registration (more than 1.5%, plus or minus), the bill will be increased or decreased accordingly, but no retroactive reimbursement shall be made to the owner/consumer for previous billing period(s). If the meter is found to be over-registering by more than the aforesaid allowable rate, then the cost of the test shall be borne by the Department, and the amount paid for the test shall be returned to the owner or consumer. If the meter so tested shall be found to have no error in registration (less than 1.5%, plus or minus) the payment shall be retained by the Department as compensation for such test. The fee for testing of meters shall be set by resolution by the Board of Trustees.[1]
[Amended 6-6-2022 by L.L. No. 6-2022]
[1]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
H. 
In any case where an individual, corporation, or business has requested an appointment for a water meter reading but cannot keep said appointment for any reason, 24 hours' advance notice of the cancellation must be provided to the Department of Public Works. If no such notice or less than 24 hours' notice is provided, then the Department may charge a meter reading fee. Said fee shall be established by resolution of the Board of Trustees.[2]
[2]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
I. 
The owner or consumer shall notify the Department of any damage to or any cessation in registration of the meter as soon as it comes to his knowledge.
J. 
All new and replacement meter installations must be compatible with the Village's current meter reading system and be approved by the Village prior to the installation of the meter. The location of all meters is subject to approval by the Superintendent of the Department of Public Works or his designated representative.
K. 
Any person molesting or tampering or interfering with the proper registration of a meter or utilizing a bypass around the meter shall be subject to penalties prescribed under § 223-13 hereof.
L. 
All unmetered premises shall have meters installed within 30 days after notification or be subject to a penalty as provided for in § 223-13 hereof.
A. 
The Department shall extend water mains only when they are within the corporate limits of the Village and when such extensions will improve the distribution system. All other extensions will be installed by the applicant for a water connection, with no expense to the Village, and in accordance with all applicable rules and regulations. The office of the Village Engineer reserves the right to employ an inspector at the owner's expense to ensure that installation is in accordance with specifications and regulations governing the installation.
B. 
A plan of the proposed water main extensions, showing all hydrants and valves, must be submitted to the office of the Village Engineer for approval. This plan must be approved prior to the installation of the main.
C. 
Upon dedication and acceptance by the Board of Trustees after receiving the Village Engineer's recommendation, all main extensions within the corporate limits of the Village become the responsibility of the Department.
D. 
All main extensions installed by a water district outside of the corporate limits of the Village remain the property of that water district. Regardless of who constructed the main extension, if the extension services customers located in the Village, applicable laws of the Village and the rules and regulations of the Water Department shall apply.
E. 
The minimum size of main extensions shall be eight inches, unless approved otherwise.
F. 
When main extensions are proposed on private property, it is the responsibility of the applicant to procure and deliver to the Village Manager all necessary easement instruments, maps and descriptions. The applicant will also be required to pay for the necessary title search of all easements, insurance as to title, when required, and the costs of recordation.
G. 
The applicant shall guarantee the entire installation for a period of 12 months following the official acceptance of the extension, and shall make all necessary repairs that might be necessitated during this twelve-month period. In the case of any emergency where Department personnel perform repair work, the applicant shall repay the Village for said work.
H. 
Prior to the acceptance of the extension, the Village must be furnished with an as-built plan, together with an acceptable maintenance bond in an amount to be determined by the Village Manager and in a form approved by the Village Attorney.
A. 
All services, new and old, must have a water meter installed before water service can be initiated.
B. 
Once issued, the owner must assume responsibility for the water meter under all circumstances, with the exception of mechanical failure. If mechanical failure occurs, the owner will be held liable if the mechanical failure was precipitated by any external influence on the water meter.
C. 
Prior to the issuance of a certificate of occupancy, a meter and approved reader or transmitter must be installed and the curb box must be plumb and accessible.
A. 
Each building containing a sprinkler system shall be charged an installation fee as set by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
B. 
No person other than one properly authorized to do so under the rules, regulations and procedures of the Department shall take water from any public or private fire hydrant, except for firefighting and fire-training purposes, without first obtaining a written permit from the Department. Upon issuing a single-use permit, the Superintendent of the Department of Public Works shall designate the exact hydrant to be used and stipulate the dates and times within which water may be drawn. A deposit, in an amount set by resolution of the Board of Trustees, will be required before such permit will be issued. In addition to the deposit, a fee in an amount set by resolution of the Board of Trustees shall be paid in advance for the estimated quantity of water to be drawn from the hydrant. After the applicant has withdrawn the water, the deposit will be returned to the applicant if, after examination, the hydrant is found not to have been damaged and is in good working order. If the hydrant is found to have been damaged, the expense of repairing the hydrant will be deducted from the deposit. If damage exceeds the amount of deposit, the amount will be assessed in addition to cover cost of repairs. Permits may be revoked at any time at the discretion of the Department.
C. 
Any person opening or operating any public or private hydrant without proper authorization shall be subject to the penalties under § 223-13 hereof.
A. 
Shutoff of water for violation of rules. The water may be shut off to an owner or consumer failing to comply with this article and/or the rules and regulations of the Department adopted in implementation thereof and will not be turned on again until satisfactory assurance is given that the article and/or rules and regulations will be complied with and all proper and necessary expense incurred in shutting off and turning on of the water is paid in full. If the Department determines that a shutoff is warranted, the Department will send the owner or consumer notice outlining the outstanding rates and penalties that are due and notifying him or her that water service will be shut off if all outstanding charges are not paid within 5 days of receiving the notice. Within that five-day period, the owner or consumer will be afforded the opportunity to contest the Department's grounds for the shutoff.
B. 
Temporary shutoff. If the Water Department determines that service must be temporarily shut off for any reason, the Department will provide affected owners and consumers with at least 24 hours' advance notice, except in emergencies. In such cases, there shall be a fee for such service, in an amount set by resolution of the Board of Trustees.
C. 
Emergency shutoff of water. Should it become necessary to shut off the water supply due to a break in the water main or for other reasons of an emergency nature, the Department shall have the right to temporarily shut off the water supply for the duration of the emergency until the repairs are made or the emergency is over without providing advance notice to affected consumers; however, the Department will use all reasonable and practicable measures to notify the consumers in advance of such discontinuation of service. When an emergency shutoff is required, the Department shall not be liable for any damage or inconvenience suffered by the consumer as a result of the shutoff.
D. 
Liability of Village.
(1) 
The Village (including its employees and agents) shall not be liable for any claim against it at any time for the interruption of service, lessening of supply, inadequate pressure, poor quality of water or any other consequences beyond its control.
(2) 
The Village (including its employees and agents) shall not be liable for any damages which may result to an owner's or consumer's pipes, appliances, etc., from the shutting off of water mains or service pipes for any purpose whatever, whether previous notice has been given or not. No deductions from water bills will be made for periods when the service is shut off.
E. 
Cross-connections. No connection from any other sources of water supply to any system of piping supplied by the Department shall be made or maintained at any time and all rules of Section 5-1.3.1 of Part 5 of the New York State Sanitary Code (as it may be amended or supplemented from time to time) shall apply with regard to backflow valves. Consumers having independent or auxiliary systems shall maintain that system completely independent of the municipal supply at all times. No interconnection of the water supply of this Department is permitted with any pipe or structure which contains liquids, chemicals, unsafe or otherwise unsatisfactory water or any other contaminating substances except when such interconnection is installed and protected in a manner satisfactory to the Department.
F. 
Access to property. The Superintendent of the Department of Public Works and all employees under his jurisdiction shall have free access at reasonable hours to all parts of every building or place in which meters are located and where water is or may be delivered or consumed. Employees will carry with them proper identification denoting their employment by the Department.
G. 
Damage caused by breaks. The Department shall in no event be responsible for maintenance of or for damage done by water escaping from the service pipe or any other pipe or fixture on the outlet side of the curb stop. The consumer shall at all times comply with state and municipal regulations in reference to these pipes and shall make any change thereon required on account of change of grade, relocation of mains or otherwise.
H. 
Operation of valves. No person other than an employee of the Department shall operate or close any valves or corporation stops within the system or molest or interfere with any valve or valve box cover. Any person, other than an employee of the Department, who operates or closes any valves or corporation stops within the system, molests or interferes with any valve or valve box cover or otherwise tampers with the water system of the Village shall be subject to the penalties prescribed under § 223-13 hereof.
I. 
Liability of owner. The owner of the property will in all cases be held liable for all charges for water supplied to the premises. All charges, penalties and fines shall become a charge and lien upon the premises where the water was consumed and/or supplied.
J. 
Waste of water. A consumer shall maintain his faucets, toilets and service lines and all appurtenances in good working order and condition and free of all leaks at his own expense in order to conserve water. All water that passes through the meter will be charged to the owner, whether the water is legitimately used or wasted through leakage.
K. 
Illegal use of water. No person shall use any water from the water system of the Village for any purpose other than that contemplated at the time that the approval for a connection was given. No person shall use any water from the water system of the Village for bottling purposes, where the water so bottled is to be sold outside of the limits of said Village, for irrigation purposes, for commercial icemaking or to fill any pond, pool, lake or other body of water without the permission of the Department.
L. 
Service of notice. Service of any notice authorized or directed by or on behalf of the Water Department may be made upon the owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last address provided.
A. 
The Department shall have the right to reserve a sufficient supply of water at all times in its reservoir and storage tanks to provide for fire or any other emergencies and may restrict or regulate the quantity of water used by consumers in case of scarcity or whenever the public welfare may require it.
B. 
Whenever it shall be determined by the Village Manager that a state of emergency exists by reason of drought or damage to the public water supply system, or that there is an insufficient supply of water or that the water supply system is endangered by any other cause, then he or she shall be empowered to make it unlawful to use water from the Village water supply system for any or all of the following uses as determined by the Village Manager. The Village Manager shall also have the authority to relieve the restrictions when necessary. For time periods after regular board meetings, the Village Board shall consider the restrictions going forward:
(1) 
Lawn sprinkling and sprinkling of shrubs, flower gardens and vegetable gardens with a hose or sprinkler.
(2) 
The washing of automobiles in any form, with the exception that windshields and glasses necessary for the proper operation of the vehicle may be washed or cleansed only.
(3) 
The maintenance of water supply lines with bleeds on any dock or structure or in any building for the purpose of maintaining a constant flow to prevent freezing.
(4) 
The filling of pools of all sizes and the operation of pools of all sizes not recirculating water.
(5) 
The operation or maintenance of automatic plumbing flush fixtures or apparatus using a constant or fixed periodic flow. The flow from such apparatus shall only be by manual operation when the fixture or apparatus is in actual use.
(6) 
The cleaning or washing of the outside of buildings or any structures involving the use of water or steam in any form.
(7) 
The use of hoses, spouts and similar pressure-bathing apparatus, and no constant flow from showers or similar apparatus shall be maintained. Operation of such apparatus shall be manual and only when the apparatus is in actual use.
(8) 
Any system of refrigeration or air conditioning having an individual or collective capacity of six tons or greater, unless it shall be equipped with a water-conserving device such as an economizer, evaporative condenser, water-cooling tower or similar apparatus, which device shall not consume for makeup purposes in excess of 5% of the consumption that would normally be used without such device.
C. 
In cases of extreme emergency, the Village Manager or his/her designated representative shall have the power to declare a temporary water emergency and to enact such restrictions and measures as are reasonably necessary to protect the water supply.
D. 
Any person or corporation violating this section shall be subject to the prescribed penalties under § 223-13 hereof.
A. 
All fees, charges and rates, the amount of which is not specifically provided for in this article, shall be the rates in force at the time. A schedule of such fees, charges and rates shall be maintained by the Village Manager and be available for examination in his office. The Village Manager reserves the right to amend rates from time to time by resolution of the Village Board.
B. 
The Department will cause each water meter of persons using water from the water system of the Village to be read four times per year.
C. 
Upon completion of the readings referred to in § 223-12B, the Village Manager will cause to be sent to each user of water a statement showing the amount, in dollars and cents, owed to the Village and, further, a statement showing the computation thereof.
D. 
Bills will be rendered quarterly, unless the Village Manager, in his discretion, fixes a different payment schedule with respect to any owner or consumer.
E. 
The Department will transmit bills via United States Mail or email, but delivery of such bills to the proper person is not guaranteed. If the property owner does not receive a bill via United States Mail or email, the property owner is still obligated to pay the bill by the due date.
[Amended 2-19-2019 by L.L. No. 3-2019]
F. 
Penalties for nonpayment of charges.
[Amended 12-7-2020 by L.L. No. 11-2020]
(1) 
The following penalties are prescribed for failure to pay water charges, after the levy thereof:
(a) 
No penalty shall be assessed if charges are paid by the due date set forth on the bill.
(2) 
If the water charge is not paid by the due date set forth on the bill, a penalty of 5% of the amount due shall be assessed, and a further penalty of 1% shall be added for each succeeding month or any portion thereof in which the water rents are not paid. Thereafter, on the next succeeding April 15, the Village Treasurer shall cause any said unpaid water rents and penalties thereon more than 60 days overdue to be added to the Village tax bills. Said water rents and penalties shall constitute a lien on the real property so affected. Partial payments covering a portion of a bill will be accepted, provided that such payments shall be applied first to penalties, and the unpaid water charges will continue to accrue penalties at the rate of 1% per month until paid.
Any person, firm or corporation found violating any of the provisions of this article shall be subject to the penalties provided in § 1-12 of Chapter 1, General Provisions, and, in addition, water service to violators may be discontinued in accordance with § 223-10A.