[HISTORY: Adopted by the Town Board of the Town of Montgomery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-2001 by L.L. No. 1-2001]
A.
This article shall be known as the "Water and Sewer Meter Law of
the Town of Montgomery."
B.
This article shall apply to all lands within the Town of Montgomery,
Orange County, State of New York excepting all those lands within
the corporate boundaries of the Villages of Walden, Maybrook and Montgomery.
A.
This article is authorized by the New York State Constitution, Article IX, Section 2, the provisions of the New York Municipal Home Rule Law, the provisions of the Statute of Local Governments, the relevant provisions of the Town Law and the General Municipal Law of the State of New York and the general police power vested with the Town of Montgomery (hereinafter the "Town").
B.
The Town Board of the Town of Montgomery is the governing authority
for all special districts and special improvement areas within the
Town.
The Town Board of the Town of Montgomery hereby finds the following
facts and renders the following conclusions as to the purpose and
intent of this article:
A.
The Town of Montgomery is experiencing substantial residential and
commercial development both within and without the various sewer and
water districts and improvement areas in the Town, and this growth
is expected to continue.
B.
The Town of Montgomery recently has caused substantial capital improvements
to be made to both its sewage and wastewater transmission, treatment
and disposal systems and to its water production, treatment, storage
and distribution facilities.
C.
Prior to the recent capital improvement projects referenced in Subsection B above, the Town obtained public water under contract with the Village of Maybrook and the Town obtained sewage and wastewater disposal services partially from a former sand filter system located off of Bracken Road in the Town and partially under separate contract with the Village of Maybrook. As such, the necessity of individual meters previously was not required as the Village of Maybrook utilized a master meter to gauge the flows coming into and leaving the village, and the sand filter system maintained by the Town of Montgomery was developed approximately 20 years ago without the requirement of individual meters and, instead, relied on national averages to estimate flows.
D.
The benefits of metered flows cannot be disputed and they include,
without limitation:
(1)
User fees will be based upon actual consumption and/or flows instead
of upon estimated consumption and/or flows;
(2)
The database created by metered flows will allow the Town to analyze
potential treatment capacity issues and be better prepared to analyze
unexplained surges;
(3)
The Town will be able to monitor more accurately the various systems
for water leakage from the water supply system and for infiltration
and/or unauthorized discharges to the sewage and wastewater collection
system.
E.
Based upon the above, the Town Board concludes that the provisions
of this article will be a benefit to all of the present and future
users of the public water and sewer systems of the Town and will serve
to promote and advance the health, safety and welfare of the Town
of Montgomery.
A.
Future water connections. As of the effective date of this article,
all new connections to any public water system in the Town of Montgomery
shall require the installation and use of a water meter as specified
by the Town. If multiple users are permitted to operate from one main
connection, the Town Board or its duly authorized designee may require
the installation of multiple meters.
B.
Future sewer connections. As of the effective date of this article,
all new connections to any public sewage system in the Town of Montgomery
shall require, at the sole option of the Town or its designee, the
installation and use of a water and/or sewage flow meter per the specifications
of the Town.
C.
Both future water and future sewer connections. Notwithstanding the provisions of Subsection B above, the Town Board or its duly authorized designee, at the sole option of the Town, shall have the authority to require that a sewage flow meter be installed and used in addition to a water meter if the Town has a reasonable basis to conclude that sewage flows must be metered notwithstanding that water consumption also is metered.
D.
Existing connections to water and/or sewer systems. The Town Board or its duly authorized designee, at the sole option of the Town, shall have the authority at anytime after the effective date of this article to require that an existing user of water and/or sewage facilities shall install and utilize water consumption meters and/or sewage flow meters per the specifications of the Town. The exercise of the authority established by this Subsection D is intended to allow the Town to implement the gradual conversion from estimated flows to metered flows without causing undue financial hardship to smaller, typical users, such as single-family residences, where estimated and actual flows are not believed to be at great variance. Notwithstanding, the Town recognizes that certain existing users of the water and/or sewage systems of the Town consume substantial amounts of water and/or contribute either substantial amounts of wastewater and/or specific types of wastewater to the Town's wastewater disposal system. Without limiting the application of Subsection D above, it is these types of existing users that initially will be required to install meters as specified below. For properties that utilize an existing meter or meters as of the effective date of this article, the Town or its duly authorized designee, at its sole option, may allow the continued use of existing meters and their appurtenances, provided that the Town or its designee finds that such existing meters and their appurtenances meet the purposes, standards and specifications set forth in this article.
A.
Only meters approved by the Town Board or its duly authorized designee
shall be installed and utilized. All such installations shall be performed
by Town forces or by outside contractors retained by the Town pursuant
to applicable law. Meters and their appurtenances shall be supplied
by the Town and shall remain the property of the Town or of the applicable
water and/or sewer district or improvement area.
B.
Meters shall be located and kept free from all obstructions so as to afford easy access so that they can be read, inspected and tested easily. Where required by the Town, meters shall be located outside of the structure or structures on the premises. Alternatively, at the sole discretion of the Town, meters that are located inside structures shall be required to have the appropriate reading device located in an acceptable location outside of the structure or structures on the subject property. For meters and/or related appurtenances installed inside of the structure or structures on the premises, any authorized agent of the Town, upon a showing of proper identification, shall be allowed to enter any premises at reasonable hours, to read and/or inspect and/or test the meter(s) and/or related appurtenances, make repairs or examine related plumbing fixtures and/or to remove such meters and appurtenances but for no other reason. Should the owner or occupant of the premises refuse to allow access to the premises for these purposes upon reasonable prior notice, a violation may be filed in accord with § 229-9 of this article and/or the Town can pursue any other reasonable remedies at law and/or in equity including, without limitation, the termination of water and/or sewer services, as the case may be, upon reasonable written notice and with a reasonable opportunity for the owner or occupant to be heard prior to such termination.
C.
Any unauthorized removal or tampering with any meter or any of its
appurtenances shall subject the owner and/or occupant of the premises
to a violation or violations under this article. All water flows entering
a property that is subject to this article and all sewage or wastewater
flows leaving such property shall pass through the meter or meters,
as the case may be. No bypass or other connection shall be made or
maintained where flows are allowed to bypass a meter. Cross-connecting
and/or the joining of the Town's water systems with any other
portion of any private water supply system is prohibited.
D.
The Engineer for the Town hereby is authorized and required to develop
written standards regarding the specifications for the acquisition,
installation, use, testing and removal of all meters and appurtenances
to be utilized under this article. A reasonable number of copies of
such written specifications shall be available without cost to any
person or entity upon request. Such written specifications may be
amended from time to time provided that each amendment also shall
be in writing and made available as above.
A.
The reasonable and actual costs of the expenses of the acquisition,
installation, repair, replacement, inspection, testing and removal
of meters and appurtenances shall be borne by the property owner and
shall be paid in full within 20 days of invoice or, at the option
of the Town or its designee, a non-interest-bearing escrow fund shall
be posted by the owner or occupant or its agents which fund shall
be held by the Town prior to the work being performed with all disbursements
from said fund to be documented by the Town and all unexpended funds
to be refunded to the party posting the escrow upon completion of
the work.
B.
In the event that full payment is not made when due, the reasonable
costs for the work performed and/or the materials supplied shall become
a lien on the real property which lien shall be superior to every
other lien or claim except the lien of an existing tax, assessment
or other lawful charge imposed by or for the State of New York or
a political subdivision or district thereof. Such lien imposed hereunder
shall be added to the applicable tax or roll and levy in the manner
prescribed by law.
C.
In the event that an owner or occupant of property utilizing any
meters installed and/or utilized hereunder reasonably believes that
the meters are not operating properly, such owner or occupant may
submit a written request that the Town or its designee test the meter
for accuracy. The responsibility to promptly request a meter test
shall rest with the owner or occupant of the subject property and
not with the Town. Testing requested by the owner or occupant shall
require the payment of a testing fee per the current Town Fee Schedule.
For those meters found to have an error in registration to the prejudice
of the consumer in excess of 3% of any rate of flow within typical
test flow limits, the fee paid for testing shall be refunded and the
next due bill will be adjusted to correct such over-registration for
the previous two billings periods. Such meter shall be repaired or
replaced as elsewhere set forth in this article.
D.
Notwithstanding the above, the Town or its designee may inspect and/or
test meters at any time per the provisions elsewhere set forth in
this article. For those meters found to have an error in registration
to the prejudice of the Town in excess of 3% of any rate of flow within
typical test flow limits, the owner may be served with a special invoice
for the shortfall as determined by various factors including, without
limitation, the historical average flow rate for the premises receiving
the subject service of services. All such special invoices shall be
paid per the provisions of this article regarding regular invoices
and all remedies for nonpayment of regular invoices also shall apply
to such special invoices. Additionally, such meter shall be repaired
or replaced as elsewhere set forth in this article.
The provisions of this article shall be in addition to and not
in replacement of other applicable laws, rules and/or regulations
of the Town of Montgomery and of the County of Orange, the State of
New York and/or of the United States of America as those laws, rules
and regulations now exist or from time to time are amended except
where the provisions of this article impose a more stringent standard
then the provisions of this article shall control.
A.
The applicable water and sewer rates for metered flows shall be established
by the Town Board pursuant to applicable law. The quantity of flow
recorded by the water meter shall be considered to be the amount of
water consumed and, in the absence of a sewage or wastewater flow
meter, shall be considered, also, to be the amount of sewage or wastewater
discharged, unless specific facts related to the type of use or type
of discharge command a different conclusion.
B.
Meters shall be read periodically by the Town and property owners
shall be billed accordingly. All bills are due and payable net cash
within 30 days of the billing date. After 30 days a penalty of 10%
will be added to the bill for each and every month or part thereof
that payment is late. If any bill hereunder is not paid in full within
30 days of the billing date, such bill and penalty shall constitute
a lien upon the real property and such lien shall be superior to every
other lien or claim except the lien of an existing tax, assessment
or other lawful charge imposed by or for the State of New York or
a political subdivision or district thereof. All charges hereunder
shall be payable, collectible and enforceable in the manner provided
by law for the payment, collection and enforcement of annual Town
taxes in the Town of Montgomery.
A.
Any person, corporation or other entity committing an offense against
any provision of this article shall be guilty of a violation as defined
in the Penal Law for the State of New York and, upon conviction thereof,
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each week's continued violation
after notice thereof shall constitute a separate additional violation.
B.
In addition to the above, the Town shall have the right to exercise
any other remedies available under law to ensure compliance hereunder.
