This chapter may be known and cited as the "Municipal Water
Use Law of the Town of Poestenkill."
A.
This chapter is enacted pursuant to the Municipal Home Rule Law of
the State of New York.
B.
The purpose of this chapter is to provide for the construction, maintenance,
extension, repair, and regulation of a municipal water system in the
Town of Poestenkill for the purpose of supplying the inhabitants of
the Town with pure and wholesome water for domestic and commercial
purposes and for protection against fire. Further, the purpose of
this chapter is to protect the public health, safety, and general
welfare of the inhabitants of the Town.
C.
Provisions of this chapter shall be administered to ensure orderly
planning and development of facilities in the Town.
D.
The Town Board shall be the governing body of the water district
and shall by local law, rule or resolution guide all actions of the
water district including the setting of fees and charges and the establishing
of penalties for the misappropriation of water district resources.
A.
It shall be the duty of the Water System Operator and/or Code Enforcement
Officer to enforce the provisions of this chapter and to bring to
the attention of the Town Board any violations or lack of compliance.[1]
B.
Any person who fails to comply with the provisions of this chapter,
other than those provisions pertaining to the payment of charges for
services established herein, shall be guilty of an offense against
this chapter and shall be subject to a fine not exceeding $50 for
each offense unless otherwise prescribed by this chapter. The continuing
violation of any provision of any section of this chapter, other than
those pertaining to the payment of charges for services established
herein, shall constitute a separate offense for each and every day
such violation of any provision hereof shall continue.
Unless the context specifically indicates otherwise, the meaning
of words and terms used in this chapter shall be as follows:
The latest revised standards of the American Society for
Testing Materials.
The latest revised standards of the American Water Works
Association.
Any person, firm, or corporation who undertakes to construct
any building, either under contract or for resale.
The Code Enforcement Officer of the Town of Poestenkill and/or
such other person or persons as may be designated by the Town Board
of Poestenkill for the purpose of enforcing its local laws, ordinances
or regulations. For the purposes of this chapter, actions prescribed
or authorized by this chapter to be taken by the Code Enforcement
Officer or by the Water System Operator may be undertaken by either.[1]
That element of the water distribution system where the service
laterals end and the supply line begins.
Any person, firm, or corporation who subdivides lands for
the purpose of constructing or causing to be constructed buildings
for which provisions are required to be made for water supply.
A single distinct household, consisting of one or more persons
who live in a single residence or who live apart from other occupants
of the same building.
The valved standpipe, connected to the water main, for supplying
water for fire protection.
Any person having title to real property.
Any individual, firm, company, association, society, corporation,
or group.
The boundary line of a public highway, street, alley, or
easement controlled by the Town of Poestenkill or other public entity
or body.
Water collected from any well, spring, stream, pond, or lake
which is treated and distributed to the public for human consumption.
The water distribution line from the main to the curb stop.
A waterline on the building side of the curb stop used for
the distribution of water to the building.
The Town of Poestenkill, Rensselaer County, New York.
The duly elected Town Board of the Town of Poestenkill.
A licensed professional engineer duly appointed by the Town
of Poestenkill, New York, or a consulting professional engineer retained
by the Town of Poestenkill.
An improvement district created and established pursuant
to the provisions of Article 12 or Article 12-A of the Town Law for
the purposes of providing water to properties located within the boundaries
thereof.
A pipe or conduit used for transporting water.
The water distribution line located in any public street
or easement of the Town of Poestenkill or other public agency or body.
The waterline from the water main to supply a building.
All facilities for producing, pumping, storing, or distributing
water within a water district or controlled or owned by the Town.
The person or persons employed by the Town of Poestenkill
for the purpose of operating a water system or systems. For the purposes
of this chapter, actions prescribed or authorized by this chapter
to be taken by the Code Enforcement Officer or by the Water System
Operator may be undertaken by either.
[Amended 5-21-2015 by L.L. No. 2-2015]
A.
The owner of any house, building, or property used for human occupancy,
employment, recreation, or other purposes, situated within the Town
of Poestenkill and abutting on any street, alley, or right-of-way
in which there is now located a water main of any water district situated
within the Town of Poestenkill may, but is not requried to, connect
the plumbing facilities of said house, building or property directly
to the water main, provided that adequate water supply is available,
in accordance with the provisions of this chapter and any applicable
provisions requried by the State of New York and Rensselaer County
Health Departments.
B.
Every person presenting a proposal for a major subdivision lying
within or outside of an existing water district shall include plans
for the connection of such subdivision to the public water supply.
Such plans shall be to the specification and satisfaction of the Town
Planning Board with the cost of such plans borne by the person undertaking
the proposal. In the case of a proposed major subdivision lying outside
of an existing water district, no connection shall be required if
the cost of such connection would be greater than 120% of the cost
of providing individual wells of adequate flow and quality to all
homes within the proposed major subdivision. Every person presenting
a proposal for a minor subdivision lying either within or outside
of an existing water district may, but is not required to, include
plans for the connection of such minor subdivision to the public water
supply. Any such plans shall be to the specification and satisfaction
of the Town Planning Board and the costs thereof shall be borne by
the person undertaking the proposal.
No pipe or fixture connected with the water mains of any water
district located within the Town of Poestenkill shall be cross-connected
with pipes or fixtures supplied with water from any other source.
All water supplied to any fixture or apparatus connected to a sanitary
or storm sewer, public or private, shall be supplied through an approved
physical break.
At such times as the Town Board deems it in the best interest
of any inhabitants of any water district, the Water System Operator,
on direction of the Town Board, shall shut off or limit the amount
of water furnished to consumers within said district. In an emergency,
the Water System Operator may direct that the water be shut off in
any district or any part thereof.
A.
The Town, its agents, representatives, and employees shall not be
liable for damage or loss of any kind to person or property by reason
of rust or discoloration of water supplied from or through any water
system or by reason of change in pressure or by reason of shutting
off the water supply from all or any part of any water system, with
or without notice to any person.
B.
Any person causing damage to water district property and/or contamination
of the municipal water supply shall be strictly liable for the cost
of repair of said damage or remediation of such contamination and
shall also be strictly liable for any consequential damages arising
from such damage or contamination. Such civil liability shall be in
addition to any criminal sanction or penalty which might be applicable,
whether arising under this chapter or any other provision of local,
state or federal law.
A private water source, such as wells, springs, or cisterns,
may be used in a structure served by public water for nonpotable use,
provided that said water is not cross-connected into any fixture connected
to the public water supply.
No owner or tenant of any premises supplied with water by any
water district located within the Town of Poestenkill shall be allowed
to supply water to other persons or families, or leave his or her
faucet or fixtures in such shape or position that other parties may
obtain water therefrom. If found so doing, the supply shall be discontinued
and the supply will not thereafter be restored until all sums due
for water have been paid and the additional sum of $50 paid as a penalty;
and except where special permission is granted by the Town Board,
each consumer must be supplied by an independent service pipe from
the main. In case two or more parties are supplied with water from
the same service, if either of the said parties fails to pay the water
rate when due or to comply with any rules of the Town Board, the Water
System Operator shall turn off the water from such pipe until the
water rent is paid and the rules strictly complied with.
The Water System Operator, personally, and any person designated
by him for that purpose, bearing proper identification, may at all
reasonable hours have free access to all parts of the premises to
which water is delivered for the purpose of inspection and examination
of fixtures.
Any owner or duly authorized agent wishing to discontinue the
water service from premises temporarily vacant must give written notice
thereof at the office of the Town Clerk of the Town of Poestenkill
and request the same to be turned off; otherwise, charges will be
continued until such notice is given. A charge as established by the
Town Board will be made for shutting off, and a similar charge for
turning on, water service to cover the cost of both operations.
Standpipes or pipes for automatic suppression of fires in buildings,
which fixtures are intended only for such use, will be permitted to
be attached to a public water supply system. All such pipes must be
provided with a suitable shutoff valve, which shall be outside the
building and which shall be under the exclusive control of the Town
of Poestenkill. Also, in the case of standpipes, a shutoff valve must
be provided and placed at the bottom of the standpipe and at each
hose opening, which valve shall be sealed by the Town of Poestenkill.
In case such seals shall be broken for the extinguishment of any fire,
the party breaking the seal shall immediately thereafter notify the
Town Clerk, and the valve shall be resealed by a Town employee.
