[HISTORY: Adopted by the Town Board of the Town of Milo as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1999 by L.L. No. 1-1999; amended in its entirety 4-15-2002 by L.L. No. 1-2002[1] (Ch. 136, Art. I, of the 1997 Code)]
[1]
Editor's Note: Local Law No. 2-2002, adopted 11-18-2002, amended
this local law to make it applicable to all water districts and extensions
in the Town of Milo.
The Town of Milo (hereinafter "Town") having established the
Milo Water District No. 1 and extensions (hereinafter "district"),
the purpose of said district being to provide water service within
said district, sets forth herein below rules and regulations for every
person and/or corporate owner supplied with water service by the district.
These rules and regulations shall be accepted by all parties receiving
water service from the district and shall constitute a part of the
contract between the parties and the district. Whenever the word "consumer"
shall be used in these rules and regulations, it shall mean the owner
of the property.
A.
Application for connection to the water system or continued service
in the case of a new property owner must be made at the Town Office
by the property owner or authorized agent. The application for the
service must be submitted 48 hours prior to commencing work.
B.
Work in highway rights-of-way is subject to either Town, county or
state permitting and requirements of the appropriate highway authorities.
All excavations and backfills necessary for the installation of said
service pipe and tapping of the main are to be made by the consumer,
who assumes all liability in case of damages of any kind which may
arise during the progress of the work authorized by the permit or
by reason thereof. Red signal lights, barricades, railing and all
other necessary means of protection against accidents shall be provided
by the applicant.
A separate tap and service is required for each residence or
commercial establishment supplied with water. In extenuating circumstances,
on a case-by-case basis, the Town may allow a trench to be shared
by adjoining property owners. The agreement between sharing property
owners is subject to review by the Town.
When a new main is constructed by the district, the district
will bear the cost of the tap and service within the right-of-way,
to and including a curb stop for each residence or commercial establishment
in existence at the time of water main construction. The water service
on private property will be the responsibility of the property owner.
Thereafter, property owners of new residences or commercial establishments
built after completion of water main construction must bear the entire
cost of the materials and installation of the tap and service in both
the public right-of-way and on private property. The installation
of said service from the main to the curb stop shall be made by the
district or its approved agent at the expense of the consumer.
The Town Board will adopt and amend by resolution, from time
to time, appropriate material and construction specifications for
water services, metering and appurtenances.
Service pipes will be required to be laid not less than 54 inches
below the surface of the earth. This applies to the established grade
where it has been fixed. A water service pipe cannot be laid in the
same trench with a sewer lateral and shall have a minimum of six feet
of horizontal clearance from any sewer lateral. No trench will be
backfilled in any manner before inspection for leaks and clearances
is made by a duly authorized agent of the district.
Sand bedding will be used around the service for a depth of
one foot. A plastic pipe sleeve may be used in lieu of sand bedding.
In public rights-of-way, bankrun gravel will placed and tamped in
one-foot lifts until the trench is back to original grade. Care shall
be taken to eliminate any large and/or sharp stones in the backfill
which may ultimately damage the service. Under all public road pavements,
services shall be installed through casings as approved by the district
and applicable highway jurisdiction.
The district will supply water to consumers within its boundaries
in accordance with the schedule of rates and charges on file in the
office of the Town Clerk, adopted and amended by resolution, from
time to time, by the Town Board.
The owner of the property into which water is supplied by a
service pipe will be required to maintain, in perfect order at his
own expense, said service pipe from the curb stop to his building.
Failure to make necessary repairs after due notice in writing, by
the district, will result in the water being turned off until such
time as satisfactory repairs are made. Maintenance of the service
pipe from the main to the curb cock will be performed by the district.
Where required by the New York State Department of Health Sanitary
Code, Part 5, or local law, a backflow preventor of a suitable type
that is currently approved by the Health Department must be installed.
In the interest of public health, the Milo Water District No.
1 will not permit its mains or services to be connected with any service
pipe or piping which is connected with any source of water supply
not approved by the Department of Health of the State of New York.
In conformance with Part 5 of the New York State Sanitary Code, the
district has implemented a cross-connection control program and shall
not permit its mains or service pipes to be connected in any way to
any piping, tank, vat or other apparatus which contains liquids, chemical
or other mater which might flow back into the district's service or
mains and consequently endanger the water supply without the installation
of a proper backflow prevention device as approved by the New York
State Department of Health at a location and installation approved
by the district and the State of New York Department of Health. All
present and/or future customers who present the potential danger of
being in violation of the New York State Sanitary Code shall install
a backflow prevention device at their expense, in accordance with
the New York State Department of Health Public Water Supply Guide,
Cross-connection Control, dated January 1981, or the latest revision.
A copy of the New York State Department of Health Public Water Supply
Guide, Cross-connection Control, is available for review at the district
offices at Town Hall. After fulfilling the aforementioned requirement,
the device is to be tested annually by a certified tester, in compliance
with the Public Water Supply Guide, Cross-connection Control, at the
customer's sole expense, and the customer shall provide the district
with a certification of said test.
No curb stop, valve, or hydrant shall be operated by any person
except a duly authorized agent of the district, or in the ease of
a hydrant by a properly trained fireman.
A.
All services, except those used exclusively for fire protection,
shall be metered. In new districts or extensions funded by the Town,
the district will furnish a meter for each residence or commercial
establishment in existence at the time of water main construction,
provided the connection to the system is made within one year after
completion of the watermain construction.
B.
Property owners are responsible for meter installation and cost thereof
to the standards set by the district. There shall be a shutoff valve
on either side of the meter. There shall be a double check valve on
the customer's side of the meter, between the meter and the shutoff
valve. Pressure-reducing valves are required where normal line pressure
exceeds 75 psi. Pressure-reducing valves shall be installed between
the shutoff valves, on the Town side of the meter.
C.
Meters shall be installed in accessible locations within the building
or basement. Outside readers shall be installed on the outside of
the building or elsewhere in a location and manner approved by the
district. A meter pit shall be required when there is no accessible
location within the building acceptable to the district for meter
installation. All meter pits shall be constructed and maintained,
at the property owner's expense, to district standards.
D.
The customer shall pay all repair costs of meters broken by vandalism
or freezing. All repairs and testing must be done by the district.
E.
The district may institute periodic tests on all water meters so
as to maintain the meters in proper working condition.
F.
All water meters what set shall be sealed to prevent tampering. No
person, except a duly authorized agent of the district, shall break
such seal or tamper with said meter.
A.
A duly authorized agent of the district, upon proper identification,
shall have the right to enter upon any premises where Town water is
being supplied for the purpose of inspecting, installing, removing
or reading a meter, plumbing and fixtures of the water service and
all work in connection with the service.
B.
Approval by the Town or its agent shall in no way relieve the contractor
or owner of any responsibilities for workmanship, materials or any
other liabilities. The owner shall indemnify the Town from any loss
or damage that may directly or indirectly be occasioned by the installation
of the water connection.
In the event of an emergency, including but not limited to breaks
in the main, the district shall not be liable for any damage which
may result to any person or premises from the shutting off of the
water from any main or service for any purpose whatever, even in cases
where notification is not given; however the district will give notification
as soon as possible.
Where fire services are allowed, the attire cost of materials,
installation and maintenance of the service from the main to the building
or within the limits of the premises shall be borne by the consumer.
Failure to make proper repairs to the system after due notice will
result in the water being turned off. What the consumer or a representative
of the consumer desires to test the flows or make repairs to the fire
service system, except in emergencies, he must give the district 48
hours' notice before commencing such testing or repairs. Fire services
may be required to use backflow prevention devices and slow closing
valves to protect the public system.
A developer or contractor that desires to extend a water main
into a subdivision or on a street must notify the district at least
six months prior to construction. All water mains to be constructed
shall consist of six-inch pipe or larger. All cost of installation
shall be incurred by the developer or contractor. The developer or
contractor must submit engineering plans for approval to the New York
State Department of Health and the district. The engineering and approved
plans must encompass the total project.
When a building is torn down and the water service to the property
or properties is no longer required, the owner of said property is
required to excavate at the water main, at the owner's expanse, so
that the abandoned waterline can be disconnected from the water main.
The duly authorized agent of the district will do the actual disconnection.
The owner is responsible for refilling the excavation.
If a meter fails to record the amount of water used due to a
stopped meter, the consumer will be charged either at the average
daily consumption from the date the meter was last installed or the
corresponding period of the previous year.
The owner of any premises which is supplied with water shall
be liable for costs for the water used and other charges and expenses
in connection with such water service.
[Amended 2-22-2022 by L.L. No. 2-2022]
Individual residential and commercial customers will be billed
quarterly the first of the month. The district reserves the right
to bill larger commercial or multiple residential customers on a monthly
basis. All delinquent bills and penalties unpaid on November 1 of
each year shall be added to the state, Town and county tax bill of
the property on which the charge was incurred, along with a fee to
cover the costs of levy and collection, to be set by resolution of
the Town Board, to be collected in the same manner and at the same
time as other Town taxes and charges. If a customer becomes more than
two quarters delinquent, the district has the right to shut off the
water until the back payments are made. If the water is turned off
for nonpayment, there will be a charge to turn the water back on.
The district requires that all water pass through a master meter
which will be billed to the property owner. Submetering of individual
tenants shall be at the expenses of the property owner. The district
has no involvement in the landlords recovery of water fees, rants,
etc., from tenants.
A violation of this article shall constitute a "violation" as
defined in the Penal Law of the State of New York and shall be punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. In addition to other
remedies provided for in this article, the Town Board may institute
any appropriate action or proceeding for compliance with this article,
including injunctive relief.
When the property owner or tenant requires more water than the
existing water service can deliver, it is the responsibility of the
property owner to pay the cost of the enlargement of said service
from the water main to the building. The enlargement of the service
will be considered the same as new water service.
A.
Each and every plumber, contractor, excavator or other person, firm
or corporation other than the property owner himself will, at the
option of the district, be required to have a license issued by the
Town Clerk before they will be permitted to do any work in the Town,
insofar as this article is concerned.
B.
If, in the opinion of the district, the work performed by the contractor
within the district violates the provisions of this article or any
other ordinances of the Town within the Town or if, in the opinion
of the Town, the contractor's work is substandard, then, in that event,
the Town may revoke the license of the contractor to work in the Town.
[Adopted 10-18-1999;
amended in its entirety 6-8-2009 by L.L. No. 4-2009 (Ch. 136, Art. II, of the 1997
Code)]
A.
Title. This article shall be known as the "Equivalent Dwelling Units
(EDU) Schedule" for all water districts, and extensions thereof of
the Town of Milo. This is adopted pursuant to § 10 of the
Municipal Home Rule Law. It will be added to the Code of the Town
of Milo.
B.
Intent. Previous definitions were adopted by the Town of Milo in
regard to the Equivalent Dwelling Units Schedule for all of its water
districts. As different property uses have evolved, and different
future property uses are projected, the Town has determined that its
Equivalent Dwelling Units Schedule needs to be revised.
C.
BUILDING
DWELLING UNIT
DWELLING, MULTIPLE-UNIT
DWELLING, SINGLE-UNIT
DWELLING, TWO-UNIT
Schedule. Vacant or farm land in an agricultural district cannot
be assessed for any water district improvements.
Units shall be assigned to each property in the respective water
districts for the purpose of raising annual funds to defray bonded
indebtedness and any other capital expense judged necessary by the
Town Board. [Amended 7-20-2020 by L.L. No. 1-2020]
Water charges shall be calculated on an equivalent-dwelling-unit
(EDU) basis, subject to the following definitions:
Any structure used or intended for supporting or sheltering
any use or occupancy.
A single unit providing complete, independent living facilities
for one or more person, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A building or portion thereof designed for occupancy by three
or more families living independently in which they may or may not
share common entrances and/or other spaces.
A building designed or arranged to be occupied by one family
living independently, with such building having only one dwelling
unit.
A building designed or arranged to be occupied by two families
living independently, with such building having only two dwelling
units.
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The definitions of "building," "dwelling unit," "dwelling, single-unit," and "dwelling, two-unit," as set forth above, are applicable in determining the number of EDUs for each building, as referred to in Subsection C(1) hereinbelow.
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EDUs shall be assessed on the following schedule:
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(1)
Each dwelling unit shall be charged one unit for EDU purposes, whether
the dwelling unit is in a single-unit dwelling, or a two-unit dwelling,
or a multiple-unit dwelling.
(2)
Mobile homes in a mobile home park shall be assessed at the rate
of 1/2 unit per approved mobile home site. A "mobile home" is described
as a portable vehicle designed to be transported on its own wheels
(whether on wheels, foundation or any stand), designed to be used
as permanent detached single-family housing, having living quarters,
sleeping accommodations, toilet, shower or tub and kitchen facilities.
(3)
Developable residential lots shall be charged 1/2 unit per lot. "Developable lots" are defined as any undeveloped lot, vacant parcel or any portion thereof upon which a dwelling or commercial building may be constructed. The designation of developable lots shall be made by the Code Enforcement Officer in accordance with Chapter 350, Zoning, of the Code of the Town of Milo. Lots larger than five acres shall be assessed at 1/2 unit for the first five acres plus 1/2 unit per acre for each acre over five, rounded down to the nearest 1/2 unit.
(5)
Commercial or industrial buildings shall be assessed on the basis
of one unit (minimum) for the first 4,000 square feet and 1/2 unit
for each additional 2,000 square feet thereafter (rounded down to
the nearest 1/2 unit.)
(6)
Commercial or industrial property shall be assessed on either the
acreage or building square footage basis, whichever is greater.
(7)
Camp Cory shall be assessed a minimum of 13 units. The minimum assessment
is based on 160 campers plus 25 staff. Units shall be assessed at
14 persons (campers and staff)/unit (rounded down to the nearest full
unit).
(8)
Lakeside Country Club shall be assessed a minimum of 13 units. The
minimum assessment is based on 160 seats at 12 seats/unit (rounded
down to the nearest full unit). Capacity of the club dining facilities
and bar area shall be as determined by the Code Enforcement Officer.
Unit charges shall be assessed whether or not a building is connected
to the water system.
(9)
Restaurants and bars: one unit per 12 seats, rounded down to the
nearest full unit (one unit minimum). The seating capacity shall be
as determined by the Code Enforcement Officer.
(10)
Motel rooms, rental rooms, bed-and-breakfast rooms: 1/4 unit
per room.
(11)
Church: 1/4 unit for each church building with a water connection.
(12)
Church parsonages: one unit.
(13)
Campgrounds (recreational vehicle and travel-trailer sites):
1/3 unit for each approved site.
(14)
Store with snack bar: one unit plus one unit per 12 seats, rounded
down to the nearest full unit (one additional unit minimum).
(15)
Retail store: one unit.
(16)
Gas station - automotive service facility: two units.
(17)
Professional office: one unit.
(18)
Boat repair/marina: one unit for the first 50 slips; one unit
for each additional 50 slips or part thereof.
(19)
Commercial farms: premises occupied or designed to be used as
a commercial farm (dairy or cash-crop): one unit.
(20)
Beauty parlors/barber shops: premises occupied or claimed to
be occupied as a beauty parlor and/or barber shop shall be charged
one unit.
(21)
Repair facilities: premises occupied or designed to be occupied
as a motor-vehicle or boat/marina repair services or repainting facility
or garage shall be charged one unit for the first 10 employees, plus
1/2 unit for each additional five employees or fraction thereof.
(22)
Educational facilities/day care: premises occupied or to be
occupied as an educational facility or day care shall be charged one
unit per 20 full-time student/facility/support personnel and full-time
equivalent population.
(23)
Banks and drive-in banks: premises occupied or designed to be
utilized as a bank or drive-in bank shall be charged two units.
(24)
Municipal buildings/fire halls: two units for each building
with a water connection.
(25)
Lodge and fraternal organizations: one unit.
(26)
Post office: one unit for each eight employees.
(27)
Home occupation: 1/2 unit, which shall be in addition to the
unit(s) assessed for residential purposes.
(28)
Mennonite schoolhouse: 1/2 unit.
(29)
Any parcel of real property which does not fall in any of the
above classifications shall be charged at a rate determined by the
Town Board. In the event that any parcel of real property falls within
more than one of the above classifications, the combining of household
units for each classification shall take place.
