[Amended 6-8-1994 by L.L. No. 2-1994]
A.
No person shall, after the effective date of these
rules, regulations and rates, obtain water service or water from the
district except in the manner provided for herein. The resale of water
service or water obtained from the district is prohibited.
B.
Connections to the water supply system of the district
shall be permitted to continue as they exist as of the effective date
of these rules, regulations and rates, subject, however, to the rates
hereinafter set forth and to all of the other provisions herein.
[Amended 6-8-1994 by L.L. No. 2-1994]
Certain types of groundwater pollution, environmental
dangers or other public reasons may require that property owners obtain
water service from the Highland Water District. Where such conditions
exist, the owner of each house, building or property used for human
occupancy, employment, recreation or other purposes, situated within
the Highland Water District boundaries and abutting on any highway,
street, alley or right-of-way in which there is now located or may
in the future be located a public water main, shall, after an order
of the Town Board, adopted after a public hearing, with notice published
in the official Town newspaper at least 10 days before the hearing,
be required to apply for water service as hereinafter set forth and
connect to and obtain water service from the Highland Water District
pursuant to Town Law § 201.
[Amended 8-11-1982 by L.L. No. 5-1982]
A.
Application for water service to any premises not
being served as of the effective date of these rules, regulations
and rates shall be made by the property owner to the Highland Water
District on the form provided by the district for such purpose. A
fee of $50 shall be paid on the filing of such application, and the
estimated total cost, based on time and material, shall be calculated.
A minimum fee of $750 for a service connection shall be paid whether
or not the actual time and material exceed that amount. The fee is
for reimbursement to the district for its cost for connection to the
district facilities. Persons requesting a single three-fourths-inch
service line connection or greater shall so indicate on the application
form. The Superintendent shall then determine if service greater than
three-fourths-inch is feasible. The applicant shall be advised of
such estimate and shall pay 50% thereof to the Town Clerk. The actual
cost of the labor and materials required to complete such special
service shall be computed by the Superintendent upon the completion
of the work, and the difference between the actual cost and the 50%
paid when the estimate was given, which shall be the final balance,
shall be paid by the applicant before water service is turned on.
[Amended 10-12-1983 by L.L. No. 7-1983; 11-16-1988 by L.L. No. 9-1988; 10-18-1989 by L.L. No. 6-1989; 6-8-2005 by L.L. No. 2-2005; 6-10-2009 by L.L. No. 4-2009]
B.
As soon as practicable after the filing of the application and payment of the fee, the applicant shall pay a charge for meter delivery to the Town Clerk, as set forth in Subsection E hereof, and receive a water meter with appurtenances from the Water Department.
[Amended 6-8-2005 by L.L. No. 2-2005; 12-14-2011 by L.L. No.
10-2011]
C.
The applicant shall, at his own cost and expense,
and in accordance with plans, specifications and schematics furnished
by the Water District, install the service line and the meter. The
water shall be turned on at the curb stop by the Water District only
after inspection by and approval of the district of the meter installation,
service line and all plumbing and fixtures connected therewith. There
shall be no fee for the first inspection. After that, the applicant
shall pay the second inspection fee of $50, $100 for the third inspection,
and $500 for a fourth and every other inspection after the fourth.
[Amended 6-8-2005 by L.L. No. 2-2005]
D.
All new developments and all new construction whose
owners, builders or developers apply for water service shall not qualify
for water service unless they are equipped with ultra-low-volume toilets
with a maximum tank size or flush capacity of 1.6 gallons and shower
heads with a maximum flow capacity of 2 1/2 gallons per minute.
[1]
Editor's Note: This local law also renumbered
former Subsection D as Subsection E.
E.
The meter furnished as aforesaid shall remain the
property of the district. Such meter shall be so installed so as to
be protected from freezing and damage while the gauge shall be mounted
on the exterior of the structure so as to be accessible for reading.
A stopcock shall be provided on the service line immediately before
the connection with the meter. There shall be a charge for meter delivery,
paid by the property owner to the district in an amount set by the
Town Board and amended from time to time, to be paid prior to the
delivery of a meter to the premises.[2]
[Amended 11-16-1988 by L.L. No. 9-1988]
[Amended 6-10-2009 by L.L. No. 4-2009]
A.
Appeals.
The Town Board of the Town of Lloyd shall have jurisdiction and power
to hear and make a determination on appeals from compliance with the
standards set forth in this article where such local standards are
more restrictive than state codes. The Town Board shall not assume
jurisdiction over nor interpret or modify any provision of the New
York State Uniform Fire Prevention and Building Code (Uniform Code),
nor shall it in any manner substitute for the regional State Boards
of Review with respect to the Uniform Code provisions.
B.
Grounds
for appeal to the Town Board. The grounds for appeal shall be limited
to the following:
(1)
Undue
economic hardship.
(2)
Restriction
from the achievement of a valid local, state or federal policy.
(3)
Physical
or legal impossibility.
(4)
Impediment
to the intended objective of the regulations.
(5)
Necessity
in the light of viable alternatives which meet the intended objective
of the more restrictive local standards set forth in the Town Code.
A.
Application for nonmetered water service or water
shall be made to the district on the form provided by the district
for such purpose. A fee of $5 shall be paid on the filing of such
application. The Town Clerk of the Town of Lloyd is hereby authorized
to receive such applications and fees on behalf of the district.
B.
As soon as practicable after the filing of such application, the Superintendent will make a determination as to the feasibility of supplying such water service or water and will advise the applicant of such determination. The Superintendent is granted the authority, in the exercise of his discretion and having due regard to the quantity and quality requirements of the district water supply, to refuse nonmetered service applications or, if approved, to impose such restrictions thereon as he shall see fit. For each customer approved for nonmetered service, the Superintendent shall annually, prior to January 1 of each year, determine the quantity being used and file with the Town Board a schedule of estimated usage volume for the coming year. Such users shall then be charged in accordance with the rate for nonmetered use set forth in § 98-15 and amended by the Town Board from time to time.
[Amended 11-16-1988 by L.L. No. 9-1988]
The district undertakes to use reasonable care
and diligence to provide a constant supply of water but reserves the
right, at any time after due notice, except in cases of emergency,
to shut off the supply of water in its mains or street service lines
for the purpose of making repairs, tests, inspections or extensions.
No pipe or fixtures connected with the water
supply system of the district shall be connected with pipes or fixtures
supplied with water from any other source nor any apparatus which
may endanger the quality of the district's water supply.
A.
Repairs to mains, corporation stops, street service
mains, curb stops and any portion of the distribution system lying
within the public roadways shall be performed at the cost and expense
of the district, except that repairs to curb stops caused by freezing
shall be performed at the cost and expense of the property owner.
B.
Repairs to service lines, private mains and those
portions of the distribution system lying outside the boundaries of
the public roadways, together with repairs to curb stops, street service
mains and corporation stops, when caused by freezing, shall be performed
at the cost and expense of the property owner.
C.
Repair to meters shall be performed at the cost and
expense of the district except where caused by the willful act, neglect
or negligence of the property owner, in which event such repair shall
be performed by the district, and the cost and expense thereof shall
be paid by the property owner upon billing by the district.
D.
All meters, cables, remote reading heads and all other equipment accessory to the meters shall be under the exclusive control of the Water Department and subject to inspection at all times by the Water Department and other agents authorized by the Town Board. A penalty of $150 per quarter will be imposed when, after a period of 30 days from being notified, in writing, a property owner fails to make arrangements allowing access by the Water District into the premises for the purpose of inspecting, repairing and/or replacing a water meter and its appurtenances. Such penalty shall constitute a lien upon the real property and shall be subject to collection and levy, as set forth in § 98-23 of this chapter. Notification in writing may be delivered by certified or registered mail to the last known billing address provided to the Water District by the property owner.
[Added 4-15-2015 by L.L.
No. 4-2015]
Water service and supply may be discontinued
by the district for any of the following reasons:
A.
For the making of a false statement in the application,
for the increase of usage units without notification to the district
or for the tapping of connections in the service line between the
curb stop and the meter.
B.
For the willful waste of water by failure to repair
service lines or plumbing.
C.
For the cross-connection of pipes carrying water supplied
by the district with any apparatus which might endanger the quality
of the water supply or with the pipes of any other water system.
D.
For the molestation, neglect to maintain and repair
or damage to the meter on the premises.
E.
For the refusal to the district or its duly authorized
agents or employees of reasonable access to the premises for the purpose
of inspecting, reading, testing, repairing or removing the meter or
of inspecting any service line, stopcock or other facility or appliance
connected with the district's water system.
F.
For the resale of water service or water obtained
from the district.
A.
No person, except an authorized employee of the district
or a fireman during an emergency or for an authorized test, shall
open, interfere with or draw water from any hydrant without first
obtaining the approval of the Superintendent.
B.
The Superintendent may allow the use of hydrants on
a temporary basis for special use purposes and may require metering
and payment for water need. The Town Board may adopt and amend from
time to time a fee schedule and deposit requirements to reasonably
indemnify the district for its time, cost and expense in setting up,
monitoring and disconnecting the temporary hydrant hookup.
[Added 12-26-1990 by L.L. No. 8-1990]
