[HISTORY: Adopted by the Town Board of the
Town of Barton 5-9-2005 by L.L. No. 1-2005. Amendments noted where
applicable.]
Water Improvement Area No. 1, and any future
water improvement areas pursuant to Article 12-C of the Town Law within
the Town of Barton, including the waterworks and waterworks system,
shall be under the control and supervision of the Town Board.
Each property using municipal water shall be charged for the usage, operation and maintenance of such water and waterworks system at a rate based upon usage. The Board may also set a minimum usage fee on § 143-2 upon usage, as determined by an approved water meter, as set forth below, including but not limited to a minimum amount, as determined by the Town Board from time to time, for all properties within that improved area.
A.
A water capital charge will be levied and collected quarterly from a time to be determined by the Town Board. The amount levied and collected will be the amount the Town is obligated to pay for the principal and interest on its outstanding water bonds. The water capital charge will be established by the Town Board on an annual basis, and the charge will be in accordance with the classifications of units set forth in Subsection B below.
B.
A "classification of units" shall mean the benefits
and quantities of usage of the municipal waterworks and waterworks
systems assigned to different classifications of real property in
the improvement area. The basis of the water capital charges to be
paid by the owners or the real property served or required to be served
shall be determined by the following schedule:
|
Classification
|
Number of Units
|
|---|---|
|
Single-family dwellings
|
1
|
|
Multiple residences
|
1 per dwelling unit
|
|
Nursing homes and hospitals
|
1/2 per bed
|
|
Motels and hotels
|
1/2 per motel or hotel unit
|
|
Restaurants
|
1
|
|
General commercial (fewer than 15 employees)
|
1
|
|
Major commercial (15 or more employees)
|
1 per 15 employees or 1 per 175 gallons of reasonably
expected usage
|
|
Gas stations
|
2
|
|
Laundromats
|
1/2 per machine
|
|
Car washes
|
1 per stall
|
|
Industries
|
1 per 15 employees or 1 per 175 gallons of reasonably
expected usage
|
|
Schools
|
1 per 15 students and staff
|
|
Religious and fraternal institutions
|
1
|
|
Vacant lots
|
1/2
|
|
Beauty salons and barbershops
|
1
|
|
Insular properties
|
0
|
C.
Clarification.
(1)
The classification entitled "General commercial" under Subsection B shall not include single-family owner-occupied residences wherein businesses are maintained. That is, single-family owner-occupied residences wherein businesses are maintained shall be charged only one water capital unit charge per year.
(2)
The classification entitled "Beauty salons and barbershops"
shall not include single-family owner-occupied residences wherein
beauty salons or barbershops are maintained. That is, single-family
owner-occupied residences wherein beauty salons or barbershops are
maintained shall be charged only one water capital unit charge per
year.
(3)
The classification entitled "Vacant lots" shall not
include parking lots which have at least 75% of their total surface
area covered with amecite, concrete, macadam or other types of pavement.
(4)
The Town may consider a factor for reasonable growth
to any commercial or industrial classification.
(5)
None of the language contained herein shall give any
water user the right to claim any refund owed for charges made under
this chapter.
The Town Board is hereby authorized, empowered
and directed to audit and order paid all accounts, bills, claims and
demands incurred by such Board which are payable out of the funds
within the jurisdiction of such Board on any water improvement.
A.
Structures on lots within the boundaries of any water
improvement area or within any water district within the Town of Barton,
outside of the limits of the Village of Waverly, shall be connected
to service on the earliest of the following:
(1)
Upon determination that the existing well-water is
contaminated or otherwise not potable; or
(2)
By such date as the Town Board may determine for each
such area or district, as the case may be, and a record of such date
or dates shall be on file in the Town Clerk's office.
(3)
All such water service lines shall be equipped with
meters, as approved by the Town Board, prior to connecting service
with any water improvement.
(4)
Continued use of well water. Owners and/or residents
of properties within a water improvement area or district in the Town
of Barton shall be able to use existing wells on their property for
the limited purpose of outside watering for lawns, washing vehicles,
filling or refilling pools or hot tubs, etc., provided that any such
used water does not connect to a septic system or municipal sewer
system in the Town of Barton, or is used for consumption or otherwise
and is isolated from the public water supply.
Only meters approved and furnished by the Town
Board shall be used in the Town of Barton.
Provision shall be made for the convenient installation
of the meter as shown on the application for water connection. In
all cases where meters are to be installed, an inspection of the premises
will be made by a representative of the Town Board to determine the
size, proper location and the manner in which such meter shall be
installed and protected. The decision of the Town Board or its representative
in regard to these matters shall be final.
The location of all meters and service pipes
shall be determined solely by the Town Board or its representative.
Meters shall be installed and sealed only by
an authorized representative of the Town Board, and no one, except
an authorized agent of the Town Board, shall install meters or break
or injure such seals.
All meters shall be inspected, tested and approved
by an authorized representative of the Town Board before such meters
are placed in use, subject to a charge to be made by the Town of Barton.
No bypass around a water meter shall be made
or maintained.
The users shall be responsible for any damage
to meters other than natural wear. Such users shall pay for all necessary
replacements and repairs to meters, and such replacements or repairs
shall be made by an authorized representative of the Town Board.
Water service to delinquent users of water provided
by the Town of Barton water system may be cut off 60 days from the
date when any regularly issued water bill becomes due and payable
on nonpayment of such bill within that period.
Before water service shall be restored, a charge
as set forth from time to time by the Town Board will be required
to be paid to the Town by any water user or property owner whose water
service has been cut off pursuant to this chapter. Such charge, together
with all delinquent rents, shall be paid before water service is restored.
This chapter shall apply to all of the area
of the Town of Barton lying outside of the Village of Waverly.
If any provision of this chapter is found invalid
by any court of competent jurisdiction, such invalidity shall not
affect any other provisions of this chapter, which shall remain in
full force and effect.
Every person violating the provisions of this
chapter shall, upon conviction, be deemed guilty of an offense and
shall be punished by a fine not exceeding $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each separate occasion during each such day that a violation of this
article occurs or reoccurs shall constitute a separate offense.
