[Adopted 2-15-2001 by L.L. No. 1-2001]
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.
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.