VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, SEPTEMBER 5, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order

2.                  Pledge of Allegiance

3.                  Mayor’s Report

4.                  Trustees’ Reports

5.                  Tentative – Senator Jeff Klein report to the Village of Pelham

6.                  Village Administrator’s Report

7.                  Public Comment                                                                                     Approximate

                                                                                                                                       StartingTime

      #       Agenda Items:                                                                                                of Discussion

Next Regular Board Meetings are Tuesdays September 19 and October 3, 2006

All meetings start at 7:30 p.m. unless otherwise noted.

* Agenda is subject to change until the night of the meeting.

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES

TUESDAY, SEPTEMBER 5, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

Item #1 – Meeting called to order:  The meeting of the Board of Trustees was called to order by Mayor Michael J. Clain at 7:35 p.m.

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Hotchkiss, Homan, Merrick, Mohan and Potocki. 

Village staff in attendance:

Administrator Richard Slingerland and Administrative Aide Devron Wilson.

Item #2 – Pledge of Allegiance:

The Pledge of Allegiance was led by Mayor Michael J. Clain.

Item #3 – Mayor’s Report:

Mayor Clain reported on the storm response for the September 2^nd tropical storm (remnants of Ernesto) He mentioned that the departments had a difficult time and he thanked DPW, Fire and Police for their hard work clearing and reopening the roads.  He gave a detailed explanation of the lines down and homes affected by the poles destroyed at Highbrook and Washington Avenues, and mentioned he would like to have a meeting with Con Ed, the Public Service Commission, and surrounding municipalities, to improve Con Edison’s efficiency.  He also announced that in light of the storm, leaf blowers will be permitted for use thru Tuesday September 12, 2006.  During this time residents can bag their leaves and put them curbside for garbage pick up. 

He further reported that merchants affected by the rock slide on 5^th Avenue are opening back up with the exception of Rangoli’s, which is relocating to New Rochelle.   Mayor Clain was proud to announce the village received a Quality Community Grant in the amount of $75,000 to prepare a master plan.

Item #4 – Trustees Reports:

Trustee Greco reported that the new storm drain has been working well.  There was no flooding throughout the village during the storm.

Trustee Potocki thanked Mike Rozycki for obtaining grant money for the village.  He reported that Police Officer Sisto would start the tactical training school in the fall, that two (2) village crossing guards retired and newly hired crossing guard Tom Jeter will start on September 6, 2006.  He mentioned traffic counts were done on Carol Place for a week, with a follow-up count in two weeks.  He further mentioned there are now teacher permit parking spots on Highbrook Avenue by Colonial Elementary School and thirty (30) teacher permit parking spots, not 28, by Pelham Memorial High School.

Trustee Hotchkiss thanked the Pelham employees, staff and volunteer firefighters for helping to clean up the streets after the storm. 

Trustee Merrick asked Village Administrator Richard Slingerland about tree planting plans.  Mr. Slingerland informed everyone that the village bought sixty six (66) trees of which thirty six (36) trees were planned for Wolfs Lane Park and the rest as street trees around the village.  He noted the Wolfs Lane Park committee has to stake the locations where the trees will be planted.

Administrative Aide Devron Wilson spoke about the trail way grant for the Wolfs Lane Park.

Item #5 – Tentative -  Senator Jeff Klein report to the Village of Pelham:  None.

Item #6 – Village Administrator’s Report: Nothing further to report on.

Item #7 – Public Comment:

Raj Kharam of 7^th Avenue brought up the issue of non-residents still parking on 7^th Avenue, and submitted new vehicle counts prepared by John Cassone.

John Cassone of 7^th Avenue submitted a complaint that United Water of New Rochelle, NY shut off the water on 7^th Avenue for valve replacements with little notice to residents.

Item #8 – Ratifying approval of the final site plan request by Commerce Bank:

Mayor Clain explained why this matter is re-submitted for Board of Trustees consideration, due to the requirement of the Site Plan Code for a super-majority of the Board (5 members) to vote in approval, since the Planning Board had apparently voted unanimously against two drive-thru lanes.  The Board discussed and explained their points of view on the matter.

A motion was made by Trustee Merrick, with a second by Trustee Homan to adopt the resolution.  The motion passed by vote of five in favor, two opposed.  Trustees Hotchkiss and Greco were both opposed.

RESOLUTION

AUTHORIZING THE SITE PLAN  FOR NEW COMMERCIAL BUILDING (COMMERCE BANK) AT 301 FIFTH  AVE.

            RESOLVED, that the application for a Site Plan to construct a commercial building is approved, based on the review and recommendations by the Planning Board and the Architectural Review Board, which are attached to and made a part of this resolution, except that the Board of Trustees agrees to a two-lane (2) drive-through; and

            BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds that this is a Type II Action and that No Further Action is required under the NY SEQRA; and

            BE IT FURTHER RESOLVED, that conditions apply as follows:

1.      That the Commercial Building  must be built in accordance with plans received by the Village and  dated July  20, 2005, ­­­November 16,  2005, January 10, 2006, February 3, 2006, March 3, 2006, April 7, 2006, April 13, 2006 May 5, 2006, June 9, 2006  and with revisions  for Planning and ARB dated  July 13, 2006, July 17, 2006, July 31, 2006 and must be built according to the window and trim details,  landscaping plan, and approved colors and materials (as specified on plans) as: 

a.      Window, Doors  & Skylight (see Plans A-202,A-303,A-302, A-310);

b.      All elevation details as per sheets (see Plans A300 &  A301);

c.      Lighting (see Plans C-10)

d.      Thirteen (13) Off-street parking spots with each a minimum of 9’ X 18’, with a minimum aisle width of 24’,  (see Plans, C-4);

2.      The continuing review of the Architectural Review Board (“ARB”) on items listed in its Memorandum dated August 2, 2006 (see attached)

3.      The continuing review of the Planning Board  on items listed in its Memorandum dated August 2, 2006 (see attached)

4.      The  Commercial  building must be built according to the notations for the following:

a.      Every finish

b.      Full pallet and detail of materials

c.      Colors

d.      Window specifications

e.      Mechanicals

5.      That the landscaping plan must be complied with, with minimums as per specifications as shown on site plan (See plan, C-8,C-9);

6.      That Grading and Drainage on the sites as shown on the plans, to collect and detain  stormwater and minimize contribution to the Village’s stormwater system (C-5,C-11);

7.      Any other actions deemed necessary by the Mayor, Village Administrator, Building Inspector, Village Engineer, and other officials of the Village of Pelham.

8.      That the application and permit shall remain subject to the continued jurisdiction of the Board of Trustees.

9.      At no time may construction commence and not strictly adhere to the construction timeline this will  be considered a violation of the Village Board approval;

            AND, BE IT FURTHER RESOLVED, that an appropriate visible warning is required to be installed, advising pedestrians and vehicles to use caution when entering and exiting the bank location;

            AND, BE IT FURTHER RESOLVED, that this application for a site plan by Commerce Bank for 301  Fifth Avenue, is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and

            BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and officials of the Village of Pelham are authorized to take the necessary and appropriate actions to effect this site plan approval.

                                                ARB MEMORANDUM

TO:                  The Mayor,  Board of Trustees, Village Administrator,

                        Village of Pelham

FROM:            Barbara Bartlett, Brian Chabrunn, Ron Czajka, Martin Semjen,

                        Nigel Scott-Williams,

                        Architectural Review Board, Village of Pelham

DATE:                        August 2, 2006

SUBJECT:     Commerce Bank,   Fifth and Lincoln Avenues

The Architectural Review Board has reviewed the two sets of drawings received on, and dated by the Village, July 31^st,  and approves Commerce Bank’s application subject to the conditions set forth below.

The design of the building addresses both the site condition and the existing contextual fabric of the village very well. The diagonal entry enhances the building’s prominent corner position and announces the beginning of, and entrance into Pelham’s commercial district.  The additional  bay creating  the drive-through arch on Fifth Avenue extends the important continuity of the “streetwall” in the retail district, something which a “drive-through” type of building usually negates.  The extensive use of brick and cast stone, together with muted brushed stainless steel where metal elements occur, respects the rich palette of historic materials common to the existing downtown buildings.

While the overall submission is adequate for approval of the project there are some issues on which the ARB requires further clarification and documentation from the applicant:

1. The rear canopy:

Drawings C-4, C-7 and A201 indicate a canopy supported by columns in the center with equal lane spacing on either side of the median and columns.

The elevations on A301 indicate the median and columns closer to the outer edge of the canopy in a 1/3 to 2/3 proportion. This is aesthetically more pleasing but clearly does not provide for two car lanes of equal size.

    2.   The roof plan indicates that the HVAC units will not extend above the parapet wall

          and coping, which is highly desirable.  However the section detail through the

          façade indicates a possible 8 to 11 inches maximum of parapet wall so the ARB

          doubts that the HVAC system will be concealed. Although at the rear,     

       this is the “skyline” view of the building as one approaches from Mt. Vernon east

       along Lincoln Avenue. The ARB has sought windows on the rear and proper

       landscaping to avoid a “back” or “wrong” side to this building so the HVAC should

       be concealed.

3.    Brick Pillars:  Drawing C-4 indicates “proposed brick pillars” on the plan, but no

other drawings are provided of this important driveway entrance detail (on Lincoln. Avenue). There appears to be signage on or near to these pillars (see item 5 below) and the ARB requests further documentation of this pillar design.

4.    Lighting:

a.  The pole lamps are specified as a Bridgehampton pole with a Montauk lamp fixture in the parking lot.  The same symbol is used on the drawings for the street lamps, but it is not clear that these are the same fixture.  The ARB would like the street lamps and parking lot fixtures to be the same, and needs to check that this fixture is an equal to the ones selected for the Marbury Corners project.

b.  On drawing C-10 the fixture noted as “2” on the legend is described as being

mounted at 10 feet, yet it appears to be recessed into the canopy.

c.      An American Glass Light sconce is specified for either side of the main

Entrance -- the ARB would like to see a cut-sheet of this fixture.

5.    Signage: While the business signs remain for consideration under a separate sign

       application  there is an attached “Standard Detail sheet – 1 of 1” showing some

       backlit (fluorescent) signs noted as “Directional Sign Details”. While the site plan

       drawing notes some entry and exit signs it is not clear where signs such as the

       illuminated  “Drive-In  Tellers  -  OPEN 7 DAYS” will be located.

6.    Finishes -  Brick selection:

       The ARB had always intended that the final brick selection could be determined at

       a later date with a mock-up in the field. The applicant is proposing the Jamestown

       Tops Down Brick that was used at Commerce Bank’s  City of Rye location. The

       ARB members have yet to visit that location, and if this selection is not satisfactory

       the board will continue to review further brick options as the construction

       progresses.

Planning Board MEMO

Date:   August 2, 2006

To:       Village of Pelham Board of Trustees

From: Village of Pelham Planning Board

Re:      Commerce Bank

301 Fifth Avenue

As discussed at the July 11, 2006 Village of Pelham Planning Board (PB) meeting, the PB recommends that the Village of Pelham Board of Trustees (BOT) approve the application submitted by Commence Bank for 301 Fifth Avenue on the condition that the bank agrees to have only one drive-through station at the rear of the building.  Our recommendation that the bank have only one drive-through station is based on the following:

(1)               The Lincoln Avenue/Fifth Avenue intersection is already very congested, and we believe that Pelham’s municipal planning efforts need to focus on minimizing any additional congestion at this site.  Although widening and restriping the southbound Fifth Avenue lane will mitigate the bank’s impact on southbound traffic, the northbound Fifth Avenue traffic will probably experience increased delays, especially during the peak evening hour, when the Level of Service will likely drop from “E” to “F.” 

(2)               There is significant pedestrian activity at the Lincoln/Fifth Avenue intersection, including students from Hutchinson School, and we believe that Pelham’s municipal planning efforts need to focus on minimizing the adverse impacts of traffic on these pedestrians.

(3)               In the long run, two drive-through lanes will attract more drive-through traffic to the bank than one drive-through lane.  Although the Bank’s representatives have disputed this, common sense and scores of traffic planning studies indicate that TRAFFIC WILL INCREASE TO FILL WHATEVER SPACE IS PROVIDED FOR IT.  One drive-through lane may create longer waiting times and more cars in the queue in the near term, but this will serve to divert customers to either use the drive-through lane at off-peak hours, or to park and walk into the bank.  In effect, limiting the bank to one drive-through lane will serve as a method of limiting the drive-through traffic in the long term.  This is a form of traffic calming.

(4)               In the long run, it will be better for Pelham’s downtown businesses if a significant portion of Commerce Bank’s customers consider Pelham to be their destination rather than a drive-through stop.  If most of the bank’s customers are just using the drive-through lanes, the net impact on downtown business activity will be similar to the impact of putting a gas station at this intersection.

(5)               Commerce Bank operates a successful in-line bank (without any drive-through lanes) in downtown Rye.  This bank is situated in a downtown area similar to Pelham’s.  There is no reason to doubt that they can operate a successful branch with one drive-through lane in Pelham.

(6)               The Commerce Bank branches with multiple drive-through lanes in White Plains and Mamaroneck are both situated on high volume roads that are not appropriate models for the Lincoln/Fifth Avenue intersection.  The Mamaroneck branch is on the Post Road at a point where there are four lanes of traffic and relatively little pedestrian activity.  The White Plains branch is in a large commercial district that dwarfs Pelham as a drive-to destination for business, retail and medical activity.

Members of the Planning Board have spent many hours reviewing the traffic analyses provided by Commerce Bank for this branch.  Although we believe that the bank’s traffic engineers have conducted a satisfactory traffic impact study for this site, we do not believe that they have always used the most conservative trip generation numbers possible.  We discussed our concerns in detail with their traffic engineers at the November 8, 2005 Planning Board meeting.  We did not ask the traffic engineers to recalculate their trip generation analysis, however, since any recalculation using more conservative numbers would only make the potential traffic impact look worse, and we believe that the potential impacts already look significant enough to be a problem.

The above recommendation is based upon review of Project Drawings C-1 through C-12 dated 7/28/06 (Rev. #11) prepared by Bohler Engineering, PC and the plans and elevations dated 6/21/06 (A201, A202, A300, A301 & A310) 7/31/06 (A302 & A303) and prepared by InterArch. Please note that the applicant addressing the following items should be a condition of approval by the BOT:

• The landscape plan (Drawing C-8) does not show the planting area required for the proposed ivy along the north elevation of the building. The sidewalk in this location must be a minimum of 3 feet wide after the planting area is installed.

• A final construction schedule should be submitted. Prior to commencement of construction, the applicant must attend a meeting with the Pelham Building, Fire, Police and Public Works Departments to create a consensus on how the project will be staged and issues such as pedestrian rerouting and street closings will be addressed.

The top of the roof level mechanical equipment must be below the top of the parapet as stated in the memo prepared by InterArch dated August 2, 2006.

Item #9 – Considering an amendment and final plan for Lordae’s sections and drainage plan:

George Murphy, P.E. of Tectonic Engineers reported that they used smaller and lighter netting on Lot 18 because the rock is more stable.

A motion was made by Trustee Greco, with a second by Trustee Homan to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE DRAINAGE PLAN

SUBMITTED BY LORDAE REALTY CORP. FOR LOTS 14, 15, 16, & 18

AS DISCUSSED AT THE PLANNING BOARD MEETING OF AUGUST 8, 2006

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the report and recommendation of the Planning Board which shall be based on the discussion and presentation by Tectonic that took place at a Planning Board Meeting at 7:30 p.m. on August 8, 2006 and the report and recommendation of the Village’s Consulting Engineer, Robert Simpson, P.E., a Geotechnical Engineer with Carlin Simpson Consulting Engineers of Sayreville, New Jersey, specifically for the drainage plan for lots 14, 15, 16 &18 proposed by Tectonic Engineers of Mountainville, New York, are found to be acceptable and the plan is accepted to remedy the unsafe condition and stabilize the cliff behind the buildings at 126 through 142A 5th Avenue, which are owned by Lordae Realty; and

BE IT FURTHER RESOLVED, that the conditions and requirements of approval are contingent upon the work being performed as shown on Project Drawings C-400 through C-403 revised 8/23/06 and prepared by Tectonic Engineering and Surveying Consultants, P.C.; and

BE IT FURTHER RESOLVED, that the wall thickness changes for the top-of-cliff soil retaining knee-wall behind 125 6^th Avenue be increased as recommended by Robert Simpson, P.E., and as authorized by the Village in July.

BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take the necessary and appropriate actions to effect this approval and authorize this remediation plan to proceed, including the imposition of additional requirements as may be necessary.

Item #10 – Considering a grant application to the Restore NY program administered by the NYS ESDC, and calling for a hearing for public input and comment per the requirements of the grant:

A motion was made by Trustee Greco, with a second by Trustee Merrick to consider submitting a grant application to the Restore NY program administered by the NYS ESDC and calling for a hearing for public input and comment per the requirements of the grant. 

The hearing for public input and comment is scheduled for the next Board of Trustees meeting on September 19, 2006. 

The motion passed unanimously by vote of seven in favor, none opposed. 

RESOLUTION

CALLING FOR A HEARING ON SEPTEMBER 19^TH

ON THE RESTORE NEW YORK GRANT PROGRAM

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby calls for a hearing to be held at 7:30 p.m. on September 19, 2006, in Village Hall, on the Restore NY Grant application for Senior Housing at 219 5^th Avenue and neighboring properties and authorizes the application payment of two hundred and fifty dollars ($250) to accompany the grant application to the NY ESDC by the application deadline of September 15, 2006.

Item #11 – Continuation of a Public Hearing on the draft proposed Local Law to enact Water System regulations in the Pelham Village Code:

* The public hearing was continued until the meeting on September 19, 2006.

4^th Draft 5/25/2006

 SEQ CHAPTER \h \r 1LOCAL LAW NUMBER     OF 2006

                                                                                                             SEQ CHAPTER \h \r 1A local law that                                                                                                                                establishes a water code                                                                                                             for the Village of Pelham.

Be enacted by the Board of Trustees of the Village of Pelham as follows:

Section 1

            A new Chapter 96 Water and Water Emergencies of the Code of the Village of Pelham is enacted as follows:

Chapter 96: Water and Water Emergencies

ARTICLE I Title and Administration

§ 96-1. Purpose and title.

A.        This chapter has two purposes:

1.         Articles I –V establish the regulations for the operation of the Pelham Water Supply, by which the Village of Pelham provides water to one area of the Village of Pelham. 

            2.         Article VI establishes local water use restrictions for times of drought or                                  other water supply emergencies, applicable to the entire Village of                                           Pelham, both the area supplied water by the Pelham Public Water Supply                                  (the section of the Village of Pelham commonly known as “the Heights”)

                        as well as the areas supplied water by other sources. 

B.        This chapter may be cited as the “Water Code of the Village of Pelham.”

§ 96-2. Designation of administrative supervision and boundaries of the Pelham Public Water Supply.

A.                             The boundaries of the area receiving water from the Pelham Public Water            Supply are noted on the official map of such water supply, which is appended      to and incorporated in this chapter.  The boundaries are generally defined by          Colonial Avenue, Ancon Avenue, First Street between Ancon and Wolfs Lane,    and the western boundary of the Village of Pelham along the Hutchinson         River Parkway.

B.                             Subject to the control and supervision of the Board of Trustees, the Village           Administrator and the Public Works General Foreman are the administrative         superintendents in charge of the waterworks system of the Pelham Public           Water Supply.  All installations and non-public water system supply work on              private property within the area served by the Pelham Public Water Supply           require a permit from the Village of Pelham.

ARTICLE II Pelham Public Water Supply – Taps and Supply Connections

§ 96-3. Application; permit required.

A permit is required to make water tap and supply connections with any water main of the Pelham Public Water Supply, and the permit must be obtained before commence-ment of any work to establish such a connection.

A.        An application for a permit pursuant to this section must be submitted on forms provided by the Village Administrator’s Office or the Building        Department.  

B.        The application shall be signed by the owner of the premises to be      supplied water or by his duly authorized agent. 

C.        The application must include the location of the property to be supplied with water.  The location must include the section, block and lot numbers as shown of the Village tax map as well as the street and house number.

D.        No application for a permit will be granted until the applicant has complied     with all requirements of this chapter, provided proof of appropriate liability insurance and paid all required fees set by resolution of the Board of Trustees.

§ 96-4. Trench excavation and backfill.

The owner of the premises to be supplied water must provide at his own expense all trench excavation and backfill and supply pipe that are required to make a water tap and supply connection.  All such work must comply with the applicable provisions of this Code. The trench for the water tap and supply connection pipe shall have a minimum depth of 3 1/2 feet.  Any street or sidewalk opening for such purposes must comply with Chapter 33 of the Pelham Village Code.

§ 96-5. New and replacement tap charges.

The charges for new and replacement taps shall be as set by resolution of the Village Board.  See: Water Rates and Charges.

§ 96-6. Supply pipe standards; check valves; curb box maintenance.

A.                 All supply pipes extending from the curb box to the premises or building shall be        Type K copper tubing or red brass containing not less than 85% copper, shall be         not less than 3/4 inch in diameter, shall have a suitable shutoff valve at the street   side of the water meter and shall have a suitable shutoff valve, waste cock and         check valve on the building side of the water meter. The check valve shall be located not closer than four feet to the water meter.  A separate supply pipe shall   be installed for each premises to be supplied with water and shall extend directly         from the water main to the premises and, whenever practicable, shall be located            at a right angle to the front of the building to be supplied.

B.        Any existing installation without a check valve must install forthwith a check valve       by submitting an application within 30-days after receiving written notice to do so           from the Village Administrator or the Public Works General Foreman.  Such      written notice shall be served personally upon the property owner or mailed to    such owner at his last known address on the last assessment roll of the Village.         In addition, such written notice shall be served personally on any occupant of the   property or mailed to such occupant.

C.        Every property owner must supply a curb box, maintain it in good order at all times and keep it level with the surrounding ground, sidewalk or surface.

§ 96-7. Repair of supply connection pipes.

The property owner or occupant must repair at his expense supply connection pipe leaks which occur between the curb box and the water meter.  The Village shall give notice to the property owner and any occupant that such a leak exists.  The Village shall serve written notice of the leak by personally serving the property owner or by mailing notice to the owner at his last known address on the last assessment roll of the Village.  In addition, the Village shall serve written notice personally upon any occupant or by mailing notice to such occupant.  Within two days of receiving notice of the leak the property owner must make the necessary repairs.  If such repairs are not made, the Village may cut off the water supply at the curb box until such repairs are made, or the Village may make the repairs and charge the owner for the labor and material used or expenses incurred. The Village will repair without charge supply connection pipe leaks which occur between the curb box and water main.

§ 96-8. Supply connection abandonment.

When any water supply connection to any property is abandoned, the expense of opening the street and other costs incidental to turning off or cutting off the water supply connection at the water main shall be charged against the property and made a lien against the property that shall be filed with the Assessor and the Receiver of Taxes.

§ 96-9. Supply connection alteration.

When a property owner requests that a water supply connection be changed, the property owner shall bear the entire cost of making the change.

ARTICLE III Pelham Public Water Supply – Meters

§ 96-10. Installation and location.

All water supplied by or through the waterworks system or water mains of the Pelham Public Water Supply shall be recorded by water meter measurement.  The Pelham Public Water Supply shall furnish one water meter for each supply connection with the waterworks system or water mains of the Pelham Public Water Supply. The water meter may be located within or outside the building. If the water meter is located in the building, it shall be located adjacent to the shutoff valve, where the supply pipe passes through the foundation wall. If the water meter is located outside the building, it shall be installed in a box or pit not less than three feet in width, four feet in length and four feet in depth and approved by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s).

§ 96-11. Bypass valves required.

All water meters on supply pipes two inches or larger in diameter shall be equipped with a bypass for supplying water when the meter is removed for repairs or testing.  The bypass valve shall be sealed when not in use.

§ 96-12. Accessibility of meter required.

Piping shall be so arranged so that the installed water meter rests on the floor or other support approved by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s).  The owner or occupant of the premises must keep the water meter easily accessible for reading and inspection at all times.

§ 96-13. Access to premises by Village agents.

Employees or agents of the Village shall have access to and may enter any premises in the Village at all reasonable hours in order to read, inspect or repair the water meter as well as to inspect or repair water fixtures or piping.

§ 96-14. Liability for meter repair.

When any water meter is damaged by fire, freezing, misuse or accident, the owner or occupant of the premises supplied water shall bear all expenses for the repair of the water meter or for the replacement of any meter damaged beyond repair. 

§ 96-15. Payment of water measured.

The property owner shall pay for the amount of water registered or measured. If a water meter fails to register for any cause, the quantity of water used during the time of such failure shall be determined by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s) on the basis of the average current amount registered by the water meter for a comparable period of time when meter was working.  

§ 96-16. Testing.

All water meters shall be tested for accuracy before being placed.  If the owner requests an official test after the meter is installed, and the water meter is found to have an error of less than 3% in over-registration, the owner will be charged a fee as set by resolution of the Board of Trustees.  

§ 96-17. Removal or alteration of meters restricted.

A water meter shall not be disconnected, moved, altered, changed or disturbed in any manner whatsoever without permission from the Village. All work in connection with the repair and maintenance of water meters shall be performed by the Village.

§ 96-18. Minimum and maximum standards.

The minimum size of the water meter for any supply pipe hereafter installed shall be a five–eighths-inch meter. The maximum size of the water meter for any supply pipe hereafter installed shall be a three-inch water meter, unless permission for larger installation shall be granted under terms and conditions approved by the Village of Pelham Public Water Supply and in accordance with this Code and all county, state, and other applicable law.  

§ 96-19. Multiple consumers.

Where one supply connection supplies two or more separate consumers on one property, only one water meter shall be installed, and the water rent for water registered by said meter shall be charged to the property owner. If additional water meters are desired to ascertain subdivisions to the separate consumers, they may be furnished and installed by the Village at the expense of the applicant, who shall assume all responsi-bility for reading and maintaining the same.

ARTICLE IV Pelham Public Water Supply – Water Rates and Payments

§ 96-20. Water rates fixed by Board.

The schedule of water rates, including regular usage rents, sprinkler system rents, hydrant rents and special service charges, shall be set by resolution of the Board of Trustees.  Such Schedule of Water Rates shall be included in the Code of the Village of Pelham.

§ 96-21. Water bills; late penalty.

Water bills will be issued quarterly and will be due within thirty days of the date of the bill.  If water bills are not paid within 30 days of the due date, a penalty of 10% of the quarter-annual water charge will be added thereto.

§ 96-22. Unpaid charges; remedies.

Whenever water bills or penalties thereon remain unpaid for more than 50 days after they become due and payable, the Village may cut off the water supply to the property in arrears after the Village gives the property owner and any occupant written notice.  At least 10 days prior to cutting off the water supply, the Village shall serve written notice stating the date on or after which the water supply will be cut off.  The Village shall serve the notice personally on the property owner or by mailing the notice to the owner at his last known address on the last assessment roll of the Village and shall serve notice personally on any occupant of the property or mail it to the occupant. 

ARTICLE V Pelham Public Water Supply – Cross-Connection Control Devices

§ 96-23.  Intent.

The purpose of this Article is to safeguard potable water supplies of the Village of Pelham from potential contamination by preventing back flow from a water user’s system into the public water system.  It is the intent of this Article to recognize that there are varying degrees of hazard and to apply the principle that that the degrees of protection should be commensurate with the degrees of hazard.  It is the intent of the Village of Pelham to comply with the requirements of New York State Sanitary Code, Part 5, Section 5-1.31 which requires that the supplier of water protect its water system in accordance with procedures acceptable to the Commissioner of Health.  These mandates are set forth in the Cross Connection Control Manual published by the New York State Department of Health and to that extent, the terms, conditions and provisions of the New York State Sanitary Code, Part 5, Section 5-1.31 and the Cross Control Manual are incorporated in this Local Law by reference as if more fully stated.

§ 96-24.  Definitions.

AIR GAP SEPARATION - A physical break between a supply pipe and a receiving vessel.  The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel and in no case shall be less than one inch. 

APPROVED CHECK VALVE - A check valve that seats readily and completely.  It must be carefully machined to have free moving parts and assured water tightness.  The face of the closure element and valve seat must be bronze, composition, or other non-corrodible material which will seat tightly under all prevailing conditions of field use.  Pins and bushings shall be of bronze and other non-corrodible, non-sticking material and shall be machined for easy dependable operation.  The closure element shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.  

APPROVED DOUBLE CHECK VALVE ASSEMBLY - Two single independently acting check valves, including tightly closing shut off valves located at each end of the assembly and suitable test connections.  This device must be approved as a complete assembly. 

APPROVED REDUCED PRESSURE ZONE DEVICE - A minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves.  In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than the supply pressure.  The unit must include tightly closing shut off valves located at each end of the device, and each device shall be fitted with properly located test cocks.  This device must also be approved as a complete assembly. 

APPROVED WATER SUPPLY - Any water supply approved by the New York State Department of Health.

AUXILIARY SUPPLY - Any water supply on or available to the premises other than the approved public water supply.

CERTIFIED BACK FLOW PREVENTION DEVICE TESTER - An individual who has successfully completed a New York State Department of Health approved course in the testing of back flow prevention devices and has been issued a certificate by the New York State Department of Health.

CROSS-CONNECTION - Any unprotected connection between any part of a water system used or intended to be used as a supply of water for drinking purposes in a source or systems containing water or a substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption. 

WATER SUPERVISOR - The consumer or person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer’s water system free from cross connections and other sanitary defects, as required by this article and all other applicable laws and regulations. 

                        WATER USER – Each individual commercial or residential property

owner and its occupants or visitors served by the water system.

VACUUM BREAKER - Pressure type and non-pressure type – A device that can only be used for internal plumbing control and is not acceptable as a containment device.

§ 96-25.  Where Protection is Required

The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate or potential. To that extent, the Cross Connection Control Manual published by New York State Department of Health shall be used as a guide to determine where protection is required.  It shall be the responsibility of the water user to provide and maintain such required protection devices and such devices shall be of a type acceptable to the New York State Department of Health. 

§ 96-26.  Type of Required Protection

            A.        At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross connection, the public water supply shall be protected by an approved reduced pressure zone device. 

            B,        At the service connection to any premises on which a substance that would be objectionable, but not necessarily hazardous to health if introduced into the public water supply, is handled so as to constitute a cross connection, the public supply shall be protected by an approved double check valve assembly.

            C.        At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced pressure zone back flow prevention device.  If an air gap is installed, it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.  If a reduced pressure zone device is installed, it shall be located as close as possible to the property line.   

            D.        At the service connection to any premises on which any material dangerous to health, or toxic substance and toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation.  The air gap shall be located as close as practical to the water meter, and any piping between the water meter and receiving tanks shall be entirely visible.  If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone back flow prevention device, and it shall be located as close as possible to the property line.  

§ 96-27.  Frequency of Inspection of Protective Devices

It shall be the duty of the water user on any premises on account of which back flow protective devices are installed, to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure.  Devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified back flow prevention device tester and all test results will be provided to the water user within 72 hours after the test is made.  Records of such tests, repairs and overhaul shall also be kept and made available to the water user and the local health department upon request. 

ARTICLE VI Pelham Public Water Supply – Repair, Replacement and Installation

§ 96-28. Repair of fixtures and supply pipes; notice and costs.

The owner or occupant of any premises supplied with water by the Pelham Public Water Supply shall repair or replace on the premises all leaking water fixtures or supply pipes of any kind whatsoever connected with said water system or mains.  No reduction shall be made in water rents because of such leakage or the cost of such repair or replace-ment. If the owner or occupant of the premises fails to repair or replace such leaking water fixtures or leaking supply pipes, the Village shall give written notice to such owner or occupant that such leak exists and that repairs or replacements must be made within two days. Such written notice shall be served personally upon the owner of the premises or mailed to such owner at his last known address on the last assessment roll of the Village and shall be served personally on or mailed to any occupant of the premises.  If the owner or occupant of a property does not make such repairs or replacements within two days, after giving such notice as is reasonable in light of the magnitude of the leak, the Village may cut off the water supply until such repairs or replacements are made. In no event shall the owner or occupant be entitled to greater notice than that provided for in § 96-22.

§ 96-29. Installation by licensed and insured plumber required.

Installation of water piping and fixtures upon the premises supplied with water by or through the Village water system or Village water mains shall be done by or under the direction of a plumber who is licensed by Westchester County and has given the Village a certificate of insurance in compliance with the permit insurance requirements established by resolution of the Board of Trustees. 

§ 96-30. Remote reading conversion required.

No building permit for any new building or for any alteration to any existing building costing more than $1,000, as estimated by the Village of Pelham, shall be issued until such