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:
DISTRICT
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.
PREMISES
A.Â
A building under one roof owned or leased by one customer and
occupied as one place of business.
B.Â
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.
C.Â
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.
D.Â
Garden apartments owned by one individual or firm and located
in one common enclosure.
TOWN
The Town of Lowville, New York.
TOWN BOARD
The Town Board of the Town of Lowville, New York.
TOWN CLERK
The Town Clerk of the Town of Lowville, New York, or his
or her deputy.
VILLAGE
The Village of Lowville, New York.
WATER DISTRICT SUPERINTENDENT
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.
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.
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.
[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.
[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:
E. Nonprofit and other tax exempt.
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.
C. Residential with three or more apartments:
(1)Â One-half EDU for each meter; or
(2)Â One-half EDU for each apartment on one meter; and/or
(3)Â Additional units may be assessed if meter is larger than one inch
based upon projected usage.
D. Commercial, industrial, agricultural, and tax exempt properties shall
be assessed with these considerations in mind:
(1)Â Actual or projected usage.
(2)Â Size of meters or number of meters serving a parcel.
(3)Â Total dollar contribution to district to provide service and maintain
operation and maintenance.
(4)Â Small commercial and tax exempt assessed at two EDUs per parcel with
other factors listed hereafter possible.
(5)Â Consider enhancement to property value due to availability of service
to nonusers.
(6)Â With regard to agriculture and issues of assessed value, use agriculture
values for land and full value for buildings.
(7)Â Other factors listed hereafter with regard to fire protection may
be applied.