[Adopted 10-9-1975 (Ch. 204, Art. II, of the 1987 Code)]
The following rules and regulations of the North Castle Water
District No. 2, established by the North Castle Town Board, are hereby
made a part of any and all agreements with each party taking and using
water furnished by said District. Every consumer or taker of water
from said water district system shall be in all respects bound and
shall be considered to have assented to the rules, regulations, requirements
and schedule of water rates of said North Castle Water District No.
2 as a condition precedent to the rights to service from said water
system.
[Amended 11-18-2015 by L.L. No. 9-2015]
The Town Board reserves the right to make such changes in the
rules and regulations and schedule of water rates as it may, from
time to time, deem desirable or necessary.
[Amended 11-18-2015 by L.L. No. 9-2015]
No person or corporation shall be allowed to use the water of
said District for any purpose whatever without first making application
therefor, signed by the owner of the property or by an agent holding
legal authorization to sign for the owner, and receiving a written
permit from the Board, except as hereinafter provided, and acceptance
of such permit signifies assent to all the rules, regulations and
schedule of water rates of said North Castle Water District No. 2.
[Amended 8-14-2013 by L.L. No. 7-2013]
Persons desiring the use of the District's water for building
construction shall make application 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 shall
be paid in such amount as set forth in the Master Fee Schedule.[1] 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.
[Amended 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013]
A.
No water shall be obtained from the mains of the District for any
purpose, except properly authorized construction, except through a
metered service. When meters are furnished for temporary service,
a fee paid in such amount as set forth in the Master Fee Schedule
will be required by the Board for each meter.[1]
B.
To cover the cost of a water meter replacement, the District shall
require a quarterly meter charge in such amount as set forth in the
Master Fee Schedule.[2] These quarterly charges cover the cost of periodic district
meter replacements. The fees do not cover costs of replacements due
to negligence of the owner.
[Amended 11-18-2015 by L.L. No. 9-2015]
C.
This meter charge will be reflected on the quarterly water bill,
March 1, June 1, September 1 and December 1, annually.
No person or persons shall be permitted to take water from the
fire 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.
[Amended 11-24-1987 by L.L. No. 3-1987; 4-29-2020 by L.L. No. 3-2020]
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 $1,000 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 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013]
In case of the violation of any of the rules, the District may
shut off the 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 in such amount
as set forth in the Master Fee Schedule for turning off the water
and for turning on the water.[1]
Service of any notice, authorized or directed by or on behalf
of the Board, may be 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.
[Amended 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013; 11-18-2015 by L.L. No. 9-2015]
Written notice must be given by the owner to the District at
15 Business Park Drive, Armonk, New York, that the use of water is
to be discontinued, and it shall be turned off at the curb when the
property is temporarily vacated, if requested by the owner. The meter
may be removed. A charge in such amount as set forth in the Master
Fee Schedule 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, and a written request must be filed to have
the water turned on again, for which service a charge in such amount
as set forth in the Master Fee Schedule shall be made.[1]
[Amended 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013]
All applications for tapping and making connections with the
mains or water pipes of the District or any pipes privately owned
or supplied by the District must be made to the District by the owner
of the property or by an authorized agent. Said owner or his agent,
filing a written authority from the owner, must pay in advance the
charges made for tapping in such amount as set forth in the Master
Fee Schedule.[1] All applications must be accompanied by a site plan drawing
showing the exact location and specifications of the proposed service
line and meter. Said site plan must be approved by the District prior
to the commencement of any work.
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 employees of the Water District. All
other work of connecting premises with water must be done by a plumber.
[Amended 11-18-2015 by L.L. No. 9-2015]
If connections are made on any private line before the meter
by other than water district employees, without the permission of
the District, it shall be sufficient cause for shutting off the water
without notice.
[Amended 2-16-1995 by L.L. No. 1-1995]
Except with the written permission of the District, a separate
tap and service shall be installed for each building or premises which
requires water service located on a street in which there is a district
water main, and no consumer will be allowed to supply water to other
persons or premises.
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 on 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.
[Amended 8-14-2013 by L.L. No. 7-2013]
A fee shall be charged in connection with tap and connection
applications and other actions of the Town described in or contemplated
by this article in such amounts as set forth in the Master Fee Schedule.[1] The charge shall include furnishing, delivering and inserting
the tap.
[Amended 11-18-2015 by L.L. No. 9-2015]
After the owner or representative has filed an application for
water service and paid the necessary charges, the owner will excavate
the necessary trenches for the service pipe. 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 District
for a variation. When the trench is ready, the District, on proper
notice of the fact, will proceed to make the tap, insert the corporation
cock and make the necessary connections between the corporation cock
and curb stop, including the curb stop. The service pipe from curb
stop to meter shall be Type K copper, of a make approved by the District,
and shall be placed by the plumber, but no trench shall be backfilled
until after the completed service pipe has been inspected and passed
by the District. As backfilling proceeds, the curb cock shall be covered
by an extension service box, which will be supplied by the District.
This curb box shall be set by the plumber with the top flush with
the ground.
[Amended 8-14-2013 by L.L. No. 7-2013]
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 District 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 same to the owner. Whenever
any service is so cut off, a charge in such amount as set forth in
the Master Fee Schedule shall be made for reopening the same.[1]
No connections of any kind shall be made to the service pipe
between the main and the meter.
All abandoned services shall be shut off at the main, and the
expense of opening the street and doing the work shall be borne by
the owner of the premises.
[Amended 11-18-2015 by L.L. No. 9-2015]
In cases where the curb boxes and access covers 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.
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 officials
at the owner's expense.
[Amended 11-18-2015 by L.L. No. 9-2015]
Whenever the curb stop has been placed deeper than six feet,
an operating rod which comes up to the ordinary depth of the cocks
must be put on, the top of this wrench to be formed like the top of
the curb stop, 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.
After a tap has been inserted and service pipe installed, the
backfill around the main and the service shall be of 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.
Each new service or repair to a service shall be subjected by
the plumber, in the presence of the District, to a water test under
the main pressure for a period of 10 minutes. All pipes and appurtenances
shall remain uncovered for the duration of the test and shall show
no signs of leakage.
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.[1]
[Amended 3-24-1988 by L.L. No. 1-1988; 12-20-2000 by L.L. No. 9-2000; 8-14-2013 by L.L. No. 7-2013]
Meters will be furnished by and will remain the property of
the Water District. A fee shall be charged in connection with the
water meter in such amounts as set forth in the Master Fee Schedule.[1]
[Amended 2-16-1995 by L.L. No. 1-1995; 11-18-2015 by L.L. No. 9-2015]
Meters must be set by the Water Department, in a horizontal
position, not more than three feet from the point where the service
enters the building. A suitable valve shall be installed on the inlet
side of the meter and a double check valve, Watts No. 7 or equivalent
as approved by the District, 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.
[Amended 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013; 11-18-2015 by L.L. No. 9-2015]
Should the consumer feel that the meter is not registering properly,
the owner shall file a complaint with the District, whereupon the
meter will be removed and tested by the Water Department. 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 in such amount as set forth in the
Master Fee Schedule will be made for the test.[1]
[Amended 11-18-2015 by L.L. No. 9-2015]
Should the meter get out of order and not register properly
or stop, 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 a previous
corresponding period.
[Amended 8-14-2013 by L.L. No. 7-2013]
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 in such amount as set forth in the Master Fee Schedule.[1]
[Amended 8-14-2013 by L.L. No. 7-2013]
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 in the
Master Fee Schedule.[1]
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 $50 for each offense.
[Amended 6-27-2007 by L.L. No. 10-2007; 8-14-2013 by L.L. No.
7-2013]
Meter-reading transmitters placed on or within the building
for the purpose of meter reading by the District will remain the property
of the Water District. It shall be the duty of the property owner
to protect the property of the District from harm. Should a transmitter
be removed, lost or otherwise damaged, it shall be replaced by the
Water District at the expense of the owner in such amount as set forth
in the Master Fee Schedule.[1]
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 8-14-2013 by L.L. No. 7-2013]
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, in such amount as set
forth in the Master Fee Schedule.[1]
The water shall only be turned on and off by an employee 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 Castle Water District No. 2 shall not be liable for any
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.
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.
[Amended 12-20-2000 by L.L. No. 9-2000]
North Castle Water District No. 2 shall not be held liable for
any damage sustained by reason of its failure to supply water to any
consumer at any time or for any cause and reserves the right to control
the amount of water supplied to outside district consumers in the
event that the supply becomes short for any reason. It especially
reserves the right at any time it is considered necessary to prohibit
the use of water for sprinkling of lawns or gardens or any other such
purpose.
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.
[Amended 11-18-2015 by L.L. No. 9-2015]
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 curb stop 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 2-16-1995 by L.L. No. 1-1995; 8-14-2013 by L.L. No.
7-2013; 11-18-2015 by L.L. No. 9-2015]
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 Board may turn off the water and not
turn it on again until all repairs are made by the owner and charges
for turning on and off the water collected as set forth in the Master
Fee Schedule.[1]
[Amended 3-24-1988 by L.L. No. 1-1988; 12-20-1990 by L.L. No. 10-1990; 12-17-1992 by L.L. No. 8-1992; 2-16-1995 by L.L. No. 1-1995; 11-19-2007 by L.L. No. 20-2007; 8-19-2010 by L.L. No. 6-2010; 11-18-2015 by L.L. No. 9-2015]
A.
Water rates shall be set forth in the Master Fee Schedule.[1] In the event that revenues received through water rates
and other fees are insufficient to provide budgeted funds to the District,
the Water District reserves the right to fix an additional assessment
upon the properties located therein to recover said funds, upon due
notice and public hearing called for such purpose.
B.
All eligible and qualified senior citizens shall be entitled to a
fifty-percent discount on water bills received by them for actual
water usage only. This water rate discount shall be limited to the
minimum rate. In order for a senior citizen to be eligible and to
qualify for this water rate discount, such senior citizen must be
registered on the Town's age-exempt list and must be eligible for
actually receiving a real property tax exemption pursuant to § 467
of the Real Property Tax Law of the State of New York.
[Amended 3-24-1988 by L.L. No. 1-1988; 3-26-1992 by L.L. No. 3-1992; 12-17-1992 by L.L. No. 8-1992; 12-20-2000 by L.L. No. 9-2000; 11-19-2007 by L.L. No. 20-2007; 8-19-2010 by L.L. No. 6-2010; 11-18-2015 by L.L. No. 9-2015]
The charge for water to consumers outside of North Castle Water
District No. 2 and the annual fire line charge to the Brynwood Club
shall be set forth in the Master Fee Schedule.[1]
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 an itemized statement showing
the various items making up the deposits of the preceding month.
B.
Unpaid water rents in arrears for over 30 days shall be subject to
a penalty of 5% of the amount due, if paid within 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 following
year as shown by the statement of the Receiver of Taxes made to the
Supervisor, the Supervisor shall transmit such statement to the County
Legislators of the County, which shall levy the same as a tax against
the property liable.
[Amended 2-16-1995 by L.L. No. 1-1995]
D.
When collected, the moneys, less the penalties, shall be deposited
to the credit of the Water District, and the penalties shall be transferred
to the reserve fund by the Supervisor to the credit of the Town.
E.
The penalties here mentioned shall include any penalties on the water
rents, plus any penalties arising after such water rents became taxes.
F.
Unpaid water rents which have become taxes shall be paid to the Water
District by the Town within 10 days after the annual tax lien sale.
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 the property. The Water District may
enforce the collection of water rents by cutting off the supply of
water when any bill is two months or more in arrears. Consumers and
property owners having unpaid items at the expiration of 60 days from
the date of billing shall be notified by the Receiver of Taxes, by
registered mail sent to the last known address, that, if charges are
not paid within five days after mailing such notice, the water will
be shut off without further notice. At the expiration of the five-day
period, the Receiver of Taxes shall furnish the District a complete
list of the delinquent accounts, and the District shall forthwith
shut off the water service, keeping a permanent written record of
the date service was discontinued in each instance, together with
a meter reading at the time of shutoff.
All water rents are the responsibility of the owner of the premises
when such premises are leased by one or more tenants.
[Amended 2-16-1995 by L.L. No. 1-1995; 11-18-2015 by L.L. No. 9-2015]
Water bills become due quarterly on March 1, June 1, September
1 and December 1. The water rates are levied from the registration
of the meter taken a few weeks before the first day of each period.
[Amended 2-16-1995 by L.L. No. 1-1995]
Bills can be obtained at the office of the Water District after
the first five days of each period. The Receiver of Taxes will send
out bills as an accommodation to the customer, but the delivery of
such bills to the proper party is not guaranteed. If the consumer
does not get a bill on or before the 5th day of the period, he should
call at the office. Partial payments of water bills will not be accepted.
This article shall be known and cited as the "Town of North
Castle Water District No. 2 Ordinance."
