[HISTORY: Adopted by the Town Board of the Town of Lowville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-2007]
These regulations shall be known as the "Uniform Water District
Regulations of the Town of Lowville, New York."
As used in these regulations, the following terms shall have
the meanings indicated:
Any and every water district or extension thereof, established
pursuant to the provisions of the Town Law of the State of New York,
which is located in the Town in whole or in part, and which is governed
by the Town Board.
A building under one roof owned or leased by one customer and
occupied as one place of business.
A combination of buildings owned or leased by one customer,
in one common enclosure, occupied by one family, or one corporation
or firm, as a residence or place of business.
Each unit of a multiple house or building separated by a solid
vertical partition wall, occupied by one family, or one firm, as a
residence, or place of business.
Garden apartments owned by one individual or firm and located
in one common enclosure.
The Town of Lowville, New York.
The Town Board of the Town of Lowville, New York.
The Town Clerk of the Town of Lowville, New York, or his
or her deputy.
The Village of Lowville, New York.
The Water Superintendent of the Town or his or her deputy
as designated by the Town Board or such other person as may be designated
by resolution of the Town Board to perform the duties of the Water
Superintendent under these regulations.
A.
These regulations apply to all water districts of the Town now or
hereafter established and to the customers thereof. No water service
connections or facilities shall be made or installed except in the
conformity with the provisions of these regulations.
B.
Village of Lowville Local Law No. 4-1989, entitled "Water Service
Rules and Regulations of the Village of Lowville" is applicable to
water users within the jurisdiction of a water district. In addition
to the terms and conditions of that local law and these regulations,
users are subject to the rules and regulations set forth in each particular
water district supply agreement with the Village.[1]
A.
Applications for use of water shall be on forms provided by the Town
Clerk. The applicant shall furnish all information indicated on the
application form, as well as additional information that may be required
by the Town Clerk, Water Superintendent, or Town Board.
B.
Approval of applications shall be subject to there being an existing
main in a street or right-of-way abutting on the premises to be served,
and approval shall in no way obligate the district to extend its mains.
C.
A separate application must be made for each premises to be served.
D.
No application will be accepted from any applicant until all charges
due from the applicant for water services at any premises now or heretofore
owned or occupied by the applicant shall have been paid in full.
E.
Additional requirements to be included as part of a water district
application/formation are: a survey map and physical boundary description
of the water district to be formed, signed by a professional engineer
and/or land surveyor; detailed plans and specifications of the actual
construction and layout of the proposed water service system of the
district in question, signed by a professional engineer; formalized
design basis parameters of the district system, including the amount
of water to be used by the district in question, prepared and signed
by a professional engineer. The amount of allocation requested for
a particular district shall be made a part of the application for
the water district, specifically, the upper limit of metered usage
which may be used by such district. If the district exceeds the maximum
amount set forth in its application, this is cause for termination
and/or reapplication and reapproval of the water district in question,
at the option of the Village.
F.
Conditions requiring the reapplication and reapproval of existing
districts include, but are not limited to: usage in amounts greater
than that applied for in the latest existing agreement for a particular
water district; a change in the physical boundary description of a
particular water district; requested changes in the type of use and
any other requirements as may be required by the Village depending
upon the unique conditions surrounding the formation of a particular
water district.
As security for payment of charges, the district may at any
time require of any customer or applicant a deposit as fixed, from
time to time, by resolution of the Town Board. No interest will be
paid on such deposits. When service is discontinued and all charges
due the district are paid, such deposit will be returned.
A.
The applicant shall, at the applicant's expense, install the service
pipe from the service main. The service pipe shall be maintained at
the expense of the customer and, when necessary, replaced. The applicant
shall employ a competent contractor for the installation and maintenance
of the applicant's service pipe. All materials and work shall be performed
in a manner satisfactory to the district. The minimum size, materials,
depth of cover and method of construction shall be the same as specified
for a service pipe installed by the district. Any defects in workmanship
or materials shall be cured within 10 days of receiving written notice
of the defect. If the applicant fails to remedy such defect within
such time, service may be discontinued by the district until such
time as the defect is remedied. All new service pipes shall be constructed
and installed in compliance with all local, state and federal laws,
rules and regulations.
B.
All repairs to single service lines shall be the responsibility of
the customer. The district shall repair or cause to be repaired any
single service line that is not repaired by the customer in a timely
fashion after due notice, or when circumstances prevent repair by
a qualified plumber or contractor, in the sole judgment of the Water
Superintendent.
C.
All repairs to water mains shall be under the direct supervision
of the Water Superintendent, and shall be the responsibility of the
district. No customer shall perform any repairs to water mains. All
such repairs to water mains may be performed only by or at the direction
of the Water Superintendent, the Town, or the Village, or by a contractor
with whom the Town has a written agreement. A "water main" within
the meaning of this subsection shall be defined as a water line that
serves two or more customers.
D.
The district shall charge supervision costs to individual customers
as established by the Town Board, and shall charge supervision costs
for repair of mains to the district, as established by the Town Board.
E.
Backflow valves.
[Added 8-21-2008 by Res. No. 26-2008]
(1)
Backflow valves shall be installed on all future connections.
(2)
A letter shall be sent to all water district users on the next billing
to inform them that the backflow valves could save them extra expense
and recommend that they have an installation done by a private contractor
or by the Town for a cost that is yet to be fixed by the Superintendent.
In no event will service be supplied to existing users outside
the Village, or future water district users, who prevent or attempt
to prevent the Village, or the district, or its agents or employees,
from entering upon their premises and inspecting all pipes and facilities,
and/or shutting off or restricting the allocation in accordance with
the provisions of these regulations, the water district agreement,
if applicable, and/or the laws of the State of New York.
[Amended 2-16-2023 by L.L. No. 1-2023]
The Town Board of the Town of Lowville shall have the authority
to establish water rates, fees, and charges which may include a minimum
charge for the use of water within any or all water districts within
the Town. Such rates, fees and charges including any minimum charge
shall be established by resolution of the Town Board acting on behalf
of the water district or districts. All rates, fees, or charges, including
minimum charges, shall be as stated in the latest fee, rate and charge
schedule approved by the Town Board acting on behalf of the district
or districts.
A.
Metered service bills are rendered at the scheduled district rates
at six-month intervals, and are due and payable at the office of the
Town Clerk within 30 days after the mailing date. On bills remaining
unpaid after 30 days, a penalty of 10% will be charged plus interest
on any unpaid balance of 1% per month until paid. Any bill remaining
unpaid as of the first day of November of each year shall be added
to the tax rolls of the Town for collection. Additionally, if a bill
is unpaid after 30 days, the district or its agents, or employees,
may discontinue water service at the shutoff, and service will not
be reestablished until such unpaid charges, together with a charge
for restoration of service is paid.
B.
Any customer, new or otherwise, receiving water service for a part
of one six-month period, will be charged the minimum charge for that
period, together with any excess usage over the minimum, if used.
C.
Any customer may discontinue water service by giving the district
written notice not less than 10 days prior to the discontinuance,
and all liability for charges for service rendered after the discontinuance
of service, as herein provided for, shall cease.
D.
The customer shall notify the Town Clerk, in writing, of any change
in occupancy. No adjustment of bills will be made by the district
as between owners or tenants unless 10 days' notice, in writing, prior
to change of occupancy has been given to the Town Clerk.
[Added 11-5-2009 by Res. No. 35-2009]
A.
An adjusted billing shall be sent to the affected user in a sewer
or water district when the Town Clerk and Special Districts Clerk,
Special Districts Superintendent and Supervisor agree it is the Town's
responsibility and it would be appropriate to issue an adjusted billing.
B.
The adjusted billing shall be reported to the Town Board at the next
regularly scheduled monthly meeting.
A.
In the interest of public health of both the district and the Village,
water mains shall not be connected on any premises with any service
pipe or piping which is connected with any other source of wastewater
supply not approved by the Department of Health of the State of New
York; nor shall any water mains or service pipes be connected in any
way to any source of wastewater which contains corrosive or hazardous
liquids, chemicals, or any other materials which may cause damage
to the Village or district water systems or otherwise endanger the
Village or district water supply.
B.
The district undertakes to use reasonable care and diligence to provide
a constant service to customers, but reserves the right, at any time,
without notice, to shut off the services in its mains for the purposes
of making repairs or extensions, or for other purposes. The district
shall not be liable for a deficiency or failure thereof for any cause
whatsoever, nor for any damage caused thereby, or by the bursting
or breaking of any main or service pipe or any attachment to the district
property.
C.
Water service may be discontinued for any one of the following reasons:
(1)
For use of service through branch connections.
(2)
For molesting any service pipe, seal, meter or any other appliance
used in providing water service.
(3)
For nonpayment of bills for water or services rendered by the district
water supply as heretofore set forth.
(4)
For cross-connecting pipes carrying water supplied by a water district
with any other source of water supply.
(5)
For refusal of reasonable access to the customer's premises for the
purpose of inspecting fixtures and piping and reading, repairing,
testing or removing meters.
(6)
For reselling services.
(7)
Failure to repair leaks.
(8)
For cross-connecting water lines.
D.
In the event of change of ownership or occupancy of a premises, the
property owner shall notify the Town Clerk, in writing, of such change.
E.
In the case of any structure or use of any kind or any expansion
or addition thereto where the New York State Building and Fire Code
or any other applicable federal, state, or local law, rule or regulation
shall require the installation of fire protection sprinklers, both
fire flow and domestic water service applications shall be required,
and one shall not be granted without the other.
[Added 6-10-2009 by Res. No. 19-2009]
F.
Outside users. The Town of Lowville adopts a policy that suspends
services to any user located outside the boundaries of a special district
with rent charges that are more than 30 days overdue.
[Added 8-20-2009 by Res. No. 28-2009]
[Added 8-27-2009 by Res. No. 31-2009]
The Town of Lowville recommends that all buildings requiring
a fire suppression system be connected to the water district transmission
line when that parcel is served by the water district.
Any person who violates any of the provisions of these regulations
shall be guilty of an offense punishable by a fine of not less than
$250 per day, or imprisonment not exceeding 15 days, or both fine
and imprisonment.
The Town Board reserves the right to change, modify, supplement
or amend these regulations, and the rates and charges connected therewith
from time to time. The Town Board also reserves the right to make
such additional rules and regulations as deemed appropriate by the
Town Board to promote the health, safety and welfare of the inhabitants
of the Town, in order to regulate the water supply, and to promote
the proper and efficient administration of the water districts, and
to make rates and contracts for the use of water in special cases
by future resolution of the Town Board.
[Adopted 8-19-2010 by Res. No. 12-2010]
This is the foundation of the benefit assessment method. One
equivalent dwelling unit is assigned to a single-family dwelling using
water with the assumption of typical use at 150 gallons per day. Calculations
may also employ the term "primary units" with one EDU equivalent to
two primary units. A residential property not using water or an eligible
building lot may be assigned 0.5 EDU to reflect the enhancement to
value, fire protection, and other benefits from the availability of
water.
The use of the property may be considered insofar as it affects
the actual use of water on the premises as well as the benefit received
by the property whether a water user or not. Use categories include:
Residential properties shall be assessed as follows:
A.
One EDU for a one- or two-family residence user.
B.
One-half EDU for nonuser property which benefit from fire flow.
D.
Commercial, industrial, agricultural, and tax exempt properties shall
be assessed with these considerations in mind:
(1)
Actual or projected usage.
(2)
Size of meters or number of meters serving a parcel.
(3)
Total dollar contribution to district to provide service and maintain
operation and maintenance.
(4)
Small commercial and tax exempt assessed at two EDUs per parcel with
other factors listed hereafter possible.
(5)
Consider enhancement to property value due to availability of service
to nonusers.
(6)
With regard to agriculture and issues of assessed value, use agriculture
values for land and full value for buildings.
(7)
Other factors listed hereafter with regard to fire protection may
be applied.
