Town of Lowville, NY
Lewis County
[HISTORY: Adopted by the Town Board of the Town of Lowville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fire prevention and building construction — See Ch. 118.

Sewers — See Ch. 181

ARTICLE I
Water District Regulations (§ 222-1 — § 222-14) 

ARTICLE II
Benefit Assessment Rules (§ 222-15 — § 222-19) 

[Adopted 2-15-2007]

§ 222-1
Title. 

§ 222-2
Definitions. 

§ 222-3
Applicability. 

§ 222-4
Application for service. 

§ 222-5
Deposit. 

§ 222-6
Installation of services. 

§ 222-7
Special conditions. 

§ 222-8
Water rates, fees and charges. 

§ 222-9
Payment, interest and penalties. 

§ 222-10
Correction of sewer and water bills. 

§ 222-11
General provisions. 

§ 222-12
Fire suppression systems. 

§ 222-13
Penalties for offenses. 

§ 222-14
Amendment. 

§ 222-1 Title.

These regulations shall be known as the "Uniform Water District Regulations of the Town of Lowville, New York."

§ 222-2 Definitions.

As used in these regulations, the following terms shall have the meanings indicated:

DISTRICT
Any and every water district or extension thereof, established pursuant to the provisions of the Town Law of the State of New York, which is located in the Town in whole or in part, and which is governed by the Town Board.
A. 

A building under one roof owned or leased by one customer and occupied as one place of business.

B. 

A combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family, or one corporation or firm, as a residence or place of business.

C. 

Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family, or one firm, as a residence, or place of business.

D. 

Garden apartments owned by one individual or firm and located in one common enclosure.

TOWN
The Town of Lowville, New York.
TOWN BOARD
The Town Board of the Town of Lowville, New York.
TOWN CLERK
The Town Clerk of the Town of Lowville, New York, or his or her deputy.
VILLAGE
The Village of Lowville, New York.
WATER DISTRICT SUPERINTENDENT
The Water Superintendent of the Town or his or her deputy as designated by the Town Board or such other person as may be designated by resolution of the Town Board to perform the duties of the Water Superintendent under these regulations.

§ 222-3 Applicability.

A. 

These regulations apply to all water districts of the Town now or hereafter established and to the customers thereof. No water service connections or facilities shall be made or installed except in the conformity with the provisions of these regulations.

B. 

Village of Lowville Local Law No. 4-1989, entitled "Water Service Rules and Regulations of the Village of Lowville" is applicable to water users within the jurisdiction of a water district. In addition to the terms and conditions of that local law and these regulations, users are subject to the rules and regulations set forth in each particular water district supply agreement with the Village.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 222-4 Application for service.

A. 

Applications for use of water shall be on forms provided by the Town Clerk. The applicant shall furnish all information indicated on the application form, as well as additional information that may be required by the Town Clerk, Water Superintendent, or Town Board.

B. 

Approval of applications shall be subject to there being an existing main in a street or right-of-way abutting on the premises to be served, and approval shall in no way obligate the district to extend its mains.

C. 

A separate application must be made for each premises to be served.

D. 

No application will be accepted from any applicant until all charges due from the applicant for water services at any premises now or heretofore owned or occupied by the applicant shall have been paid in full.

E. 

Additional requirements to be included as part of a water district application/formation are: a survey map and physical boundary description of the water district to be formed, signed by a professional engineer and/or land surveyor; detailed plans and specifications of the actual construction and layout of the proposed water service system of the district in question, signed by a professional engineer; formalized design basis parameters of the district system, including the amount of water to be used by the district in question, prepared and signed by a professional engineer. The amount of allocation requested for a particular district shall be made a part of the application for the water district, specifically, the upper limit of metered usage which may be used by such district. If the district exceeds the maximum amount set forth in its application, this is cause for termination and/or reapplication and reapproval of the water district in question, at the option of the Village.

F. 

Conditions requiring the reapplication and reapproval of existing districts include, but are not limited to: usage in amounts greater than that applied for in the latest existing agreement for a particular water district; a change in the physical boundary description of a particular water district; requested changes in the type of use and any other requirements as may be required by the Village depending upon the unique conditions surrounding the formation of a particular water district.

§ 222-5 Deposit.

As security for payment of charges, the district may at any time require of any customer or applicant a deposit as fixed, from time to time, by resolution of the Town Board. No interest will be paid on such deposits. When service is discontinued and all charges due the district are paid, such deposit will be returned.

§ 222-6 Installation of services.

A. 

The applicant shall, at the applicant's expense, install the service pipe from the service main. The service pipe shall be maintained at the expense of the customer and, when necessary, replaced. The applicant shall employ a competent contractor for the installation and maintenance of the applicant's service pipe. All materials and work shall be performed in a manner satisfactory to the district. The minimum size, materials, depth of cover and method of construction shall be the same as specified for a service pipe installed by the district. Any defects in workmanship or materials shall be cured within 10 days of receiving written notice of the defect. If the applicant fails to remedy such defect within such time, service may be discontinued by the district until such time as the defect is remedied. All new service pipes shall be constructed and installed in compliance with all local, state and federal laws, rules and regulations.

B. 

All repairs to single service lines shall be the responsibility of the customer. The district shall repair or cause to be repaired any single service line that is not repaired by the customer in a timely fashion after due notice, or when circumstances prevent repair by a qualified plumber or contractor, in the sole judgment of the Water Superintendent.

C. 

All repairs to water mains shall be under the direct supervision of the Water Superintendent, and shall be the responsibility of the district. No customer shall perform any repairs to water mains. All such repairs to water mains may be performed only by or at the direction of the Water Superintendent, the Town, or the Village, or by a contractor with whom the Town has a written agreement. A "water main" within the meaning of this subsection shall be defined as a water line that serves two or more customers.

D. 

The district shall charge supervision costs to individual customers as established by the Town Board, and shall charge supervision costs for repair of mains to the district, as established by the Town Board.

E. 

Backflow valves.

[Added 8-21-2008 by Res. No. 26-2008]

(1) 

Backflow valves shall be installed on all future connections.

(2) 

A letter shall be sent to all water district users on the next billing to inform them that the backflow valves could save them extra expense and recommend that they have an installation done by a private contractor or by the Town for a cost that is yet to be fixed by the Superintendent.

§ 222-7 Special conditions.

In no event will service be supplied to existing users outside the Village, or future water district users, who prevent or attempt to prevent the Village, or the district, or its agents or employees, from entering upon their premises and inspecting all pipes and facilities, and/or shutting off or restricting the allocation in accordance with the provisions of these regulations, the water district agreement, if applicable, and/or the laws of the State of New York.

§ 222-8 Water rates, fees and charges.

All water rates, fees, and charges shall be as per the latest fee and rate schedule approved by the district.

§ 222-9 Payment, interest and penalties.

A. 

Metered service bills are rendered at the scheduled district rates at six-month intervals, and are due and payable at the office of the Town Clerk within 30 days after the mailing date. On bills remaining unpaid after 30 days, a penalty of 10% will be charged plus interest on any unpaid balance of 1% per month until paid. Any bill remaining unpaid as of the first day of November of each year shall be added to the tax rolls of the Town for collection. Additionally, if a bill is unpaid after 30 days, the district or its agents, or employees, may discontinue water service at the shutoff, and service will not be reestablished until such unpaid charges, together with a charge for restoration of service is paid.

B. 

Any customer, new or otherwise, receiving water service for a part of one six-month period, will be charged the minimum charge for that period, together with any excess usage over the minimum, if used.

C. 

Any customer may discontinue water service by giving the district written notice not less than 10 days prior to the discontinuance, and all liability for charges for service rendered after the discontinuance of service, as herein provided for, shall cease.

D. 

The customer shall notify the Town Clerk, in writing, of any change in occupancy. No adjustment of bills will be made by the district as between owners or tenants unless 10 days' notice, in writing, prior to change of occupancy has been given to the Town Clerk.

§ 222-10 Correction of sewer and water bills.

[Added 11-5-2009 by Res. No. 35-2009]
A. 

An adjusted billing shall be sent to the affected user in a sewer or water district when the Town Clerk and Special Districts Clerk, Special Districts Superintendent and Supervisor agree it is the Town's responsibility and it would be appropriate to issue an adjusted billing.

B. 

The adjusted billing shall be reported to the Town Board at the next regularly scheduled monthly meeting.

§ 222-11 General provisions.

A. 

In the interest of public health of both the district and the Village, water mains shall not be connected on any premises with any service pipe or piping which is connected with any other source of wastewater supply not approved by the Department of Health of the State of New York; nor shall any water mains or service pipes be connected in any way to any source of wastewater which contains corrosive or hazardous liquids, chemicals, or any other materials which may cause damage to the Village or district water systems or otherwise endanger the Village or district water supply.

B. 

The district undertakes to use reasonable care and diligence to provide a constant service to customers, but reserves the right, at any time, without notice, to shut off the services in its mains for the purposes of making repairs or extensions, or for other purposes. The district shall not be liable for a deficiency or failure thereof for any cause whatsoever, nor for any damage caused thereby, or by the bursting or breaking of any main or service pipe or any attachment to the district property.

C. 

Water service may be discontinued for any one of the following reasons:

(1) 

For use of service through branch connections.

(2) 

For molesting any service pipe, seal, meter or any other appliance used in providing water service.

(3) 

For nonpayment of bills for water or services rendered by the district water supply as heretofore set forth.

(4) 

For cross-connecting pipes carrying water supplied by a water district with any other source of water supply.

(5) 

For refusal of reasonable access to the customer's premises for the purpose of inspecting fixtures and piping and reading, repairing, testing or removing meters.

(6) 

For reselling services.

(7) 

Failure to repair leaks.

(8) 

For cross-connecting water lines.

D. 

In the event of change of ownership or occupancy of a premises, the property owner shall notify the Town Clerk, in writing, of such change.

E. 

In the case of any structure or use of any kind or any expansion or addition thereto where the New York State Building and Fire Code or any other applicable federal, state, or local law, rule or regulation shall require the installation of fire protection sprinklers, both fire flow and domestic water service applications shall be required, and one shall not be granted without the other.

[Added 6-10-2009 by Res. No. 19-2009]

F. 

Outside users. The Town of Lowville adopts a policy that suspends services to any user located outside the boundaries of a special district with rent charges that are more than 30 days overdue.

[Added 8-20-2009 by Res. No. 28-2009]

§ 222-12 Fire suppression systems.

[Added 8-27-2009 by Res. No. 31-2009]

The Town of Lowville recommends that all buildings requiring a fire suppression system be connected to the water district transmission line when that parcel is served by the water district.

§ 222-13 Penalties for offenses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person who violates any of the provisions of these regulations shall be guilty of an offense punishable by a fine of not less than $250 per day, or imprisonment not exceeding 15 days, or both fine and imprisonment.

§ 222-14 Amendment.

The Town Board reserves the right to change, modify, supplement or amend these regulations, and the rates and charges connected therewith from time to time. The Town Board also reserves the right to make such additional rules and regulations as deemed appropriate by the Town Board to promote the health, safety and welfare of the inhabitants of the Town, in order to regulate the water supply, and to promote the proper and efficient administration of the water districts, and to make rates and contracts for the use of water in special cases by future resolution of the Town Board.

[Adopted 8-19-2010 by Res. No. 12-2010]

§ 222-15
Equivalent dwelling units (EDUs). 

§ 222-16
Use categories. 

§ 222-17
Property assessment. 

§ 222-18
Fire suppression systems. 

§ 222-19
Fire flow (hydrant) protection to unmetered private and public properties. 

§ 222-15 Equivalent dwelling units (EDUs).

This is the foundation of the benefit assessment method. One equivalent dwelling unit is assigned to a single-family dwelling using water with the assumption of typical use at 150 gallons per day. Calculations may also employ the term "primary units" with one EDU equivalent to two primary units. A residential property not using water or an eligible building lot may be assigned 0.5 EDU to reflect the enhancement to value, fire protection, and other benefits from the availability of water.

§ 222-16 Use categories.

The use of the property may be considered insofar as it affects the actual use of water on the premises as well as the benefit received by the property whether a water user or not. Use categories include:

A. 

Private residence.

B. 

Commercial.

C. 

Industrial.

D. 

Government.

E. 

Nonprofit and other tax exempt.

§ 222-17 Property assessment.

Residential properties shall be assessed as follows:

A. 

One EDU for a one- or two-family residence user.

B. 

One-half EDU for nonuser property which benefit from fire flow.

C. 

Residential with three or more apartments:

(1) 

One-half EDU for each meter; or

(2) 

One-half EDU for each apartment on one meter; and/or

(3) 

Additional units may be assessed if meter is larger than one inch based upon projected usage.

D. 

Commercial, industrial, agricultural, and tax exempt properties shall be assessed with these considerations in mind:

(1) 

Actual or projected usage.

(2) 

Size of meters or number of meters serving a parcel.

(3) 

Total dollar contribution to district to provide service and maintain operation and maintenance.

(4) 

Small commercial and tax exempt assessed at two EDUs per parcel with other factors listed hereafter possible.

(5) 

Consider enhancement to property value due to availability of service to nonusers.

(6) 

With regard to agriculture and issues of assessed value, use agriculture values for land and full value for buildings.

(7) 

Other factors listed hereafter with regard to fire protection may be applied.

§ 222-18 Fire suppression systems.

A. 

Metered systems: no additional EDUs.

B. 

Nonmetered systems may be assessed additional EDUs based on:

(1) 

Size of line.

(2) 

Testing for performance.

(3) 

Condition of pumps.

§ 222-19 Fire flow (hydrant) protection to unmetered private and public properties.

A. 

Residential properties exempt from additional units.

B. 

Consider the risk of exposure to fire and impact of public use.

C. 

Type of construction.

D. 

For on-site suppression systems:

(1) 

Percentage of the building or use covered.

(2) 

Is alternate power on site to manage system.

(3) 

Risk management steps taken by owner.

E. 

Cost and potential damage to the district's system, and other water users, if water supply is overtaxed or tower drained by providing fire flow.