Town of Mount Pleasant, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 6-8-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 68.
Sewers — See Ch. 172.
Fees — See Ch. A224.
A. 
Applicability of rules.
(1) 
Each and every owner of property supplied with water by the districts and each and every consumer, user or taker of water from the districts' water system shall be in all respects bound by and shall be considered to have agreed to the rules, regulations. requirements and schedule of water rates and other charges as hereinafter set forth or as they may be amended or modified by the Board of Water Commissioners as a condition precedent to the rights to service from said water system. All applications for service shall be signed by the owner of the premises or his agent.
(2) 
The rules and regulations, as hereinafter set forth or as they may be amended or modified, are hereby made a part of any and all agreements or contracts with each owner of property supplied with water by the districts and each and every consumer, taker or user of water furnished directly from mains of said districts.
(3) 
The Board of Water Commissioners shall be the Supervisor and the four Councilmen of the Town Board. The Supervisor shall be Chairman of the Board.
(4) 
The Board of Water Commissioners reserves the right to make such changes in the rules, regulations and the schedule of water rates and other charges as it may from time to time deem advisable.
(5) 
The Board of Water Commissioners of the Town of Mount Pleasant shall be the sole judge as to the meaning of these rules and regulations. Its interpretation shall be final and binding upon all applicants for water service and upon all takers and users of water.
B. 
Control, maintenance, service requirements and uses.
(1) 
The Board of Water Commissioners shall have control of the installation, maintenance, repair and adjustment of all mains, taps, curb boxes, service pipes, valves and meters.
(2) 
All work necessary for the maintenance, repair or adjustment of all mains, taps, service lines, curb boxes and meters shall be performed by the employees of the districts. The water districts shall assume the cost of maintenance, repair and adjustment of district-owned mains and service lines inside of the districts' unincorporated limits from the main to and including the curb stop. The cost of the maintenance, repair and adjustment of all other mains, service lines, valves, fittings, etc., of the water system, shall be borne by the consumer or consumers concerned, except where adjustment of service lines within the districts is required by public construction.
(3) 
The districts do not guarantee service from main to meter or through any piping, valves or connections or to any boilers or other special equipment and shall not be held liable for any damage of whatever nature by reason of its failure for any cause to supply water to any consumer at any time or for shutting off of water mains or service pipes for any purpose whatsoever or for any breaks, obstructions or intermission in service, regardless of the cause therefor, whether previous notice has been given or not. No deduction from the meter charge shall be made for periods when the service is shut off.
(4) 
The consumer is required to notify the Board of any leak or damage to the service line, in which case the water may be turned off until the service line is repaired as provided in Subsection B(2). At the option of the Board, an entire service may be required to be replaced. Such replacement shall be at the consumer's expense.
(5) 
Except in cases of fire, no person or persons other than employees of the districts shall take water from the fire hydrants of the system for any purpose whatsoever without having obtained a special permit from the Board of Water Commissioners or from the Water Superintendent, which permit shall be subject to such conditions as the Board of Water Commissioners shall impose. In case of fire, such fire hydrants shall be opened and water taken therefrom only by active members of fire companies.
(6) 
Service shall be rendered and water supplied only to premises in which all plumbing is installed in such a manner as to constitute no possible source of pollution to the districts' water system. No other water supply shall be connected or interconnected to the public supply. Where a possible source of pollution exists, the water shall be immediately shut off at the expense of the consumer until such possible source of pollution is removed by the owner.
(7) 
All waste of water is prohibited. The Board may impose specific limitations upon water use during times of water shortage or danger thereof. The Board of Water Commissioners reserves the right to discontinue supply of water to any premises except for domestic service when, in its opinion, a suitable alternate supply of water is available to the premises.
(8) 
Service shall be controlled at the curb stop. Should it be desired by the consumer to discontinue the use of water, the Water Superintendent shall shut off the service at the curb box and remove the meter upon proper notification from the owner or his agent. Upon similar notification and upon payment of all indebtedness, the Water Superintendent shall reinstall the meter and turn on the water at the curb box. Charges shall be made for both of these services at the rate of $5 for each necessary trip to the premises.
(9) 
In case it is desired to abandon a service, the Board shall be notified by the owner or his agent and the service will be discontinued from the main. This work shall be performed by the employees or agents of the districts at the expense of the owner. No new service shall be provided for any premises while a discontinued service is not disconnected in accordance with this provision.
(10) 
In those cases where an emergency exists as may be declared by the Supervisor or the Acting Supervisor or a majority of the members of the Board of Water Commissioners, a duly licensed plumber may perform any of the functions prescribed to be performed by employees of the districts, provided that such licensed plumber shall secure a written permit from the Water Superintendent to perform such function, such permit to specify the nature of work to be performed, the time and place at which it shall be performed, and the conditions under which it shall be performed. Any work so performed shall be in full compliance with these regulations as the same may, from time to time, be amended.
(11) 
No connection of any kind shall be made to the service between the main and meter.
(12) 
Service of any notice authorized or directed by or on behalf of the Board of Water Commissioners may be made upon the owner personally or by leaving the same at the premises where the water is supplied or by sending the same by mail to such party at the last address furnished to the Board.
(13) 
[1]During any period of emergency concerning the supply of water which may be declared to exist by the Supervisor by a written notice published once in the official newspaper, and until the supervisor shall declare that such emergency has ceased to exist, the following restrictions on the use of water shall apply, and the violation of any such restrictions shall be punishable by a fine not exceeding $250 or imprisonment for a term not to exceed 15 days, or both.
(a) 
The use of district water for the watering of lawns and for washing or flushing sidewalks, driveways and other surfaces shall be prohibited.
(b) 
The watering of trees, shrubs and vegetable or flower gardens with district water shall be prohibited, except with a pail or watering can.
(c) 
The washing of motor vehicles by means of a hose using district water is prohibited.
(d) 
The use of district water to fill or partially fill a swimming pool is prohibited, except that in the case of a pool which operates with filtered and recirculated water, it may be used to replenish water in a pool filled prior to the declaration of the emergency, which is lost by normal splashing and evaporation but not to replenish water drained out of the pool in order to clean or repair it or for any other purpose, provided that this shall not prohibit the normal operation of a swimming pool which filters and recirculates water and admission to which, with or without the payment of charges, is open to the public or to all residents of the districts or which is operated by a nonprofit charitable corporation for its charitable purposes.
(e) 
The use of district water to operate ornamental or display fountains shall be prohibited, except that water in a fountain prior to the declaration of the emergency may be recirculated.
(f) 
The operation of an air-conditioning system or systems for cooling air by the use of district water which is not recirculated and which have an aggregate capacity in excess of three tons for any building or premises shall be prohibited, provided that any system installed and in use prior to August 1, 1965, which is not designed to recirculate water may be operated only on such days and during such reasonable hours as may be designated in a permit to be granted therefor by the Supervisor, upon written application, setting forth the facts upon which the Supervisor may determine the periods of time during which the use of such air-conditioning system may reasonably be necessary depending upon weather conditions and the uses to which the premises are devoted.
(g) 
The use of fire hydrants for any purpose other than fire protection is prohibited.
[Added 2-24-1981]
(h) 
The serving of water to patrons in restaurants, clubs or eating places unless specifically requested by the customer is prohibited.
[Added 2-24-1981]
(i) 
The use of public water in the cleaning of the exterior of buildings is prohibited.
[Added 2-24-1981]
(j) 
The operation of car washes is prohibited unless recirculating equipment is used. Companies not presently using recirculating equipment must submit plans to install such equipment within 30 days of the effective date of this amendment and complete the work within 90 days of such effective date.
[Added 2-24-1981]
(k) 
Water meters shall be installed on all air-conditioning cooling towers within 30 days of the effective date hereof. Air-conditioning units over two tons are required to have recirculatory equipment.
[Added 2-24-1981]
(l) 
Leaks in house water connections shall be repaired within 48 hours.
[Added 2-24-1981]
(m) 
All industrial and commercial businesses must formulate and enact a long-range water conservation plan which reduces consumption by 15%. For purposes of this subsection, the average water meter readings for the calendar year 1980 will be the basis for comparison.
[Added 2-24-1981]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1; General Provisions, Art I).
A. 
Mains.
(1) 
No water shall be sold through a mainline or master meter which serves more than one premises except upon special permission from the Board of Water Commissioners. Submetering is prohibited.
(2) 
All mains to be connected to the system shall be constructed by and at the expense of the owner in accordance with regulations established by the Board of Water Commissioners, and no main shall be connected to the system unless approved by the Board of Water Commissioners. All mains and appurtenances so installed by individuals, partnerships or corporations shall be conveyed to the districts, together with appropriate easements of such width as the districts may specify.
B. 
Permanent services.
(1) 
Any property owner desiring to connect to the water supply system of the districts shall sign and file an application therefor on forms supplied by the Board of Water Commissioners. A fee in the amount of $2,000 shall be paid by the owner at the time of filing such application for each new individual water service covering complete service installation, except for excavating, backfilling and replacement of pavement. The fee provided by Subsection B(5) of this section shall be in addition to the fee herein prescribed.
[Amended 2-23-1999; 7-8-2008; 5-14-2013]
(2) 
After payment of the required fees and excavation by the owner is complete and is approved by the Water Superintendent, the service shall be installed by the district from main to property line, at which time the trench shall be backfilled by the owner under the supervision of the Water Superintendent.
(3) 
All materials used, the size, method and manner of placing same and the general arrangement and the progress of work shall conform to specifications established by the Board. The size of service required shall be determined for each individual installation by the districts, and it shall be adequate to deliver the quantity of water required at peak load.
(4) 
Except by permission of the Board of Water Commissioners, a separate tap and service shall be installed for each premises, and in cases where a main does not extend to the property to be served, a main shall be installed in accordance with the provisions of Subsection A(2) before the service shall be authorized.
(5) 
All excavation and backfilling for and in connection with new water services shall be performed by the owner or his agent at his expense. An application for a street opening permit on any Town street must be obtained and the necessary deposit made before the street may be opened. All work of excavation and backfilling shall be maintained in a safe manner. The Water Superintendent may require such additional safeguards as he deems necessary. Permanent and temporary patches of the street shall conform to Town specifications. On other than Town-owned streets, the owner or his agent shall conform to the regulations and requirements of the owner of the street.
C. 
Temporary connections.
(1) 
Those desiring the use of water for temporary purposes, other than from permanent services partially installed, shall make application therefor to the Board of Water Commissioners, setting forth in detail the reasons therefor and the exact use which is to be made of the water. The Board may issue the necessary permit therefor under such terms and conditions as it may prescribe.
(2) 
Those desiring the use of water for building construction from a permanent service partially installed may obtain permission therefor from the Superintendent for a three-fourths-inch connection under such terms and conditions as he may prescribe. The charge for such temporary service shall be $10, plus the charge for water consumed. The Superintendent shall immediately discontinue such temporary service at any time the water is being wasted. Such temporary service shall be metered, and the applicant shall make a deposit in the amount of the cost of the meter. The meter deposit shall be refunded upon termination of the temporary service, less a fee to be fixed by the Water Superintendent for installation, removal and testing of the meter and less any cost of meter repairs that the test shows are necessary.
A. 
Generally.
(1) 
Every temporary and/or permanent service connected to the mains of the water system shall be metered.
(2) 
All persons are forbidden to interfere with or remove a meter from any service or tamper with or deface a meter seal. Where the seal is broken, the meter shall be removed for testing at the expense of the consumer.
(3) 
Employees or agents of the district may enter the premises of the consumer at any reasonable time to examine the meter and its connections and to determine the quantity of water used and the method and manner of its use.
(4) 
All meters shall remain the property of the district. The responsibility for the care and keeping of the meter shall be with the owner of the premises wherein the meter is installed, and, in the event that a meter is damaged, destroyed or removed, except as a result of acts of the Town or normal wear of the meter, the owner shall be charged for the cost of repairing or replacing the meter.
B. 
Size and location.
(1) 
Meters shall be of a size determined by the requirements of each particular installation and shall be adequate for delivering and measuring accurately the peak loads which they may be required to handle, as determined by the Water Superintendent. The Board of Water Commissioners reserves the right to review the water demand of any service and to install a larger or smaller meter at the expense of the owner if, in its opinion, such larger or smaller meter is required. Where it is desired by the property owner that a service be larger than is required by the peak load, the meter may be of the size required to measure peak loads.
(2) 
Meters shall be located so as to avoid the harmful effects of water, dirt, temperature and other adverse conditions and so as to be readily accessible.
(3) 
Where meters are installed in a building, they shall be located at the point where the service enters the building. A shutoff valve shall be installed on both sides of the meter, and, in addition, a check valve shall be installed on the consumer side of the meter. A pressure reducer is recommended when the house pressure exceeds 60 pounds per square inch.
(4) 
Where meters are installed at a point other than in a building, the owner or his agent shall provide a meter pit of a standard design prescribed by the Board of Water Commissioners at the street property line.
C. 
Testing meters.
(1) 
It is the policy of the Board of Water Commissioners to make periodic tests at approximately five-year intervals of all meters without specific charge to the consumer. There shall be, however, no obligation upon the Department to make these tests.
(2) 
Meters shall be tested at any time on written request by the owner or his agent to the Board of Water Commissioners. If the meter is found to register against the consumer by more than 2% or if more than five years has elapsed since the date of the preceding test of the same meter, no testing charge shall be made. If the meter is found not to register against the consumer by 2% or more and if less than five years has elapsed since the date of the preceding test of the same meter, a charge shall be made for testing as follows:
(a) 
Meters up to and including two inches: $4.
(b) 
Meters larger than two inches: at cost.
D. 
Repair of meters.
(1) 
Where repairs to meters are necessitated by the normal deterioration of the meters through use, the cost of repairing such meters shall be borne by the districts.
(2) 
Where repairs to meters are necessitated by neglect on the part of the consumer, such as damage done by freezing or by hot water backing through the meter or actual breakage, the consumer shall be charged for the cost of the repairs.
A. 
Charges for consumption. Rates for the consumption of water in the various districts are available at the Town Clerk's office or Water Department office.
B. 
Meter charge.
(1) 
Each consumer shall pay a meter charge in addition to the charge for the consumption of water. The meter charge is specified in terms of the size of the meter. These charges are available at Town Clerk's office or the Water Department office.
(2) 
Continuation of meter charge. Where service has been temporarily discontinued, according to the method provided by § 211-1B(8), the meter charge shall be paid for the current period.
C. 
Reading meters.
(1) 
No charge shall be made for the regular periodic reading of water meters.
(2) 
When bills are desired by the consumer or owner at other than regular specified times, such service may be rendered after receipt of request for reading from the owner. A charge of $50 shall be made for such service.
[Amended 2-23-1999; 7-8-2008; 5-14-2013]
D. 
The fee for any water sample test made on request shall be $45 per sample.
[Added 4-13-1993]
A. 
Liability.
(1) 
The liability for the payment of all charges rests upon the owner of the premises served, as well as upon the consumer. Bills shall be sent by mail to the owner unless he provides written instructions to send such bills to the consumer at the last address furnished to the Board, but billing and delivery of bills is not guaranteed.
(2) 
Liability for notifying the Board of any change in consumers for billing purposes rests with the owner. Such changes in the billing shall become effective as of the date of a meter reading, as requested by the owner or his agent.
B. 
Dates. Quarterly bills shall become due and payable on March 15, June 15, September 15 and December 15 of each year. Bills may be paid without penalty up to and including 30 days after the due date.
C. 
Penalties and nonpayment of bills.
(1) 
Each bill for any charges authorized under these rules and regulations remaining unpaid until after the last day for payment without penalty shall have added to it a penalty of 5% of such bill.
(2) 
Unpaid bills for water, service charges or other charges, including any penalties added thereto, are a lien on the property supplied or serviced and may be transferred to the tax roll as provided by law. The Board may enforce the collection of unpaid bills by cutting off the supply of water after penalties start to accrue on the unpaid bills.
(3) 
If the Supervisor or the Town Board, in their absolute discretion, shall deem it proper because of mistake, hardship, delay in receiving a bill or other reasonable cause, the Supervisor or the Board shall have the power to authorize the acceptance of a partial payment on account of a bill rendered for water, service charges or other charges or to waive the penalty for the late payment of any such bill.
D. 
Errors in meters.
(1) 
All meters shall be presumed to be correct until tested and found to be incorrect.
(2) 
Where meters are found to register against the consumer by more than 2%, the consumer indicated for the current period shall be recomputed to the error. In case the meter is so damaged that the percentage of error cannot be determined, the charge for water consumed during the period in question shall be fixed on the basis of the average quantity consumed during the eight preceding quarterly periods.§ 211-6.
A. 
Those desirous of making connections to the water system for special equipment, such as fire-protection systems, air-conditioning equipment, refrigeration equipment or pumps, shall make application therefor on the form prescribed.
B. 
Fire-protection systems must be independently metered by a metered bypass, in which case the meter charge shall be determined by the size of the main feeder line, and there shall be no charge for the water used. In all cases, the system shall be metered and valved so as to prevent the use of water for any purposes other than fire protection
C. 
Refrigeration and air-conditioning systems may be required to be equipped with water-conservation devices so that water from the mains is used only for makeup and flushing purposes
D. 
No pump shall be connected to the system except by special permit from the Board of Water Commissioners. The requirements of § 211-1B(6) shall apply.
A. 
The State of New York has provided, by statute, penalties for the offenses of injuring, displacing or removing pipes or mains, braking or defacing meters, making connections to water mains, preventing free access to meters, unlawfully opening fire hydrants or similar offenses.
B. 
In case of the violation of any of the rules or regulations, the Board may discontinue the supply of water, and such supply shall not be made available until all rules and regulations are complied with and all unpaid charges and rents are paid.
C. 
Any person who shall open, close or tamper with any curb stop or fire hydrant or who shall break any seal placed by the Board of Water Commissioners shall be liable, upon conviction, to a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 2-13-1973; 1-29-1986; 11-23-1993, 11-23-1999; 11-13-2001; 12-11-2001; 11-12-2002; 3-25-2003; 11-11-2003; 11-23-2004; 3-22-2005; 11-22-2005; 2-28-2006; 11-25-2008; 11-24-2009; 11-23-2010; 11-27-2012; 11-25-2014; 6-28-2016]
The rates for the quarterly consumption of water within the following water districts are established as follows:
District
Rate
Apple Hill Farm Water District
Per 1,000 gallons: Tier 1, $5.75; Tier 2, $7; Tier 3, $8.25
Bear Ridge Lake Water District
Per 1,000 gallons: Tier 1, $9.20; Tier 2, $10.85; Tier 3, $12
Hawthorne Water District
$3.65 per 100 cubic feet
Kensico Water District
Per 1,000 gallons: Tier 1, $4; Tier 2, $5.40; Tier 3, $6.75
Meadowbrook Water District
Per 1,000 gallons: Tier 1, $11; Tier 2, $12.50; Tier 3, $13.25
Mill River Road Water District
Per 1,000 gallons: Tier 1, $14; Tier 2, $15.75; Tier 3, $17
Old Farm Hill Water District
$3.15 per 100 cubic feet
Old Faun Road Water District
Per 1,000 gallons: Tier 1, $4; Tier 2, $4.65; Tier 3, $5.60
Pleasant Ridge Water District
Per 1,000 gallons: Tier 1, $3.80; Tier 2, $4.10; Tier 3, $4.50
Pleasantville Ext. Water District
$10.30 per 100 cubic feet
Pleasantville Road Water District
Per 1,000 gallons: Tier 1, $12.60; Tier 2, $14; Tier 3, $14.75
Pleasantville Road Water District (Pace University)
Per 1,000 gallons: Tier 1, $13.25; Tier 2, $14.50; Tier 3, $15.25
Pocantico Hills Water District
Per 1,000 gallons: Tier 1, $3.75; Tier 2, $4.50; Tier 3, $5.50
Thornwood Water District
$4.90 per 1,000 gallons
Valhalla Water District
$3.65 per 100 cubic feet
[Amended 1-29-1986; 2-23-1999]
Meter charges specified in terms of the size of the meters are established as follows:
Quarterly Rates
Meter Size
(inches)
Rate
1
$ 2.75
1 1/2
$5.00
2
$8.00
3
$15.75
4
$25.00
6
$50.00
8
$80.00
10
$108.00
[Added 6-26-1985]
Authority is hereby granted to the Town Board/Water Commissioners of Water Districts to evaluate and determine requests for exemptions and/or waivers upon receipt of written applications.