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resolution 2 pages

Also attached to this agenda item: Res 61-2022 LL Intro 6 PH

LOCAL LAW INTRODUCTORY NO. 6 OF 2022 A LOCAL LAW TO AMEND CHAPTER 223, WATER, OF THE CODE OF THE VILLAGE OF CROTON-ON-HUDSON TO UPDATE PROCEDURES REGARDING WATER SERVICE CONNECTIONS AND METER INSTALLATION AND CHARGES Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. Section 223-4(B) of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: 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. Section Two. Section 223-6(A) of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: 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. Section Three. Section 223-6(C) of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: 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. Section Four. Section 223-6(G) of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: 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 31.5%, 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 31.5%, 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. Section Five. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section Six. Effective Date This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.