[Adopted 1-12-2016 by L.L. No. 1-2016]
A. 
The following rules and regulations are established by the Town Board of the Town of Champlain and every person whose property shall be supplied water automatically accepts said rules and the same shall constitute a part of the contract between such persons and the Town.
B. 
Definitions used in this article shall be as follows:
AGENT
An authorized and qualified employee or official appointed by the Town to carry out the duties and functions within the Water District defined herein on behalf of the Town.
[Added 7-9-2024 by L.L. No. 3-2024]
CONSUMER
The owner of the subject property being supplied by water in the Town of Champlain, Consolidated Water District.
CONTRACTOR
Any person or entity that contracts with the Town for work or improvements in the operation or maintenance to be performed within the Water District.
[Added 7-9-2024 by L.L. No. 3-2024]
DISTRICT
A water district of the Town of Champlain duly formed in accordance with New York State Town Law.
[Added 7-9-2024 by L.L. No. 3-2024]
SUPERINTENDENT OF CONSOLIDATED WATER DISTRICT
That person or entity appointed by the Town Board of the Town of Champlain from time to time as the Superintendent of the Consolidated Water District under this article.
TOWN
The Town of Champlain, Clinton County, State of New York and may, as appropriate, mean the Town of Champlain acting on behalf of a district.
[Added 7-9-2024 by L.L. No. 3-2024]
TOWN BOARD
Town Board of the Town of Champlain, Clinton County, New York, acting on behalf of the town or on behalf of a district, as appropriate.
[Amended 7-9-2024 by L.L. No. 3-2024]
WATER DISTRICT
As used in this article shall mean Town of Champlain Consolidated Water District.
C. 
Interchangeable definitions.
Agent
Throughout Town Water Code, Chapter 124, the definition of the various terms are to be used interchangeably with "Superintendent of the Consolidated Water District," and are intended to have the equivalent or same meaning throughout the chapter.
Contractor
Duly-appointed representative
Employee of the Town
Representative of the Water District
Town Water Operator
Town Officer
Town Water Dept Personnel
Water Purveyor
Water and connection charges may be changed by resolution passed by the Town Board of the Town of Champlain. All obligations of any nature due the water district which remain unpaid as of October 31 of each year shall be charged by the Town as special assessments and collected as the same.
[Amended 3-12-2024 by L.L. No. 2-2024]
A. 
At the time of the passage of this article, the Town of Champlain is allowing additional water service within the Town of Champlain Consolidated Water District on the following terms and conditions:
(1) 
Application. An application and permit must be completed and filed with the Town Water Operator. All applications must be approved and a deposit of 10% of estimated charges for services paid before any installation can begin.
(2) 
Taps. A separate tap is to be required for each lot supplied with water. However, the tap is the responsibility of the consumer and all costs will be borne by the consumer. The Superintendent of the Consolidated Water District will only oversee and inspect the tap process. Tapping can only be done by a contractor approved in writing by the Superintendent of the Consolidated Water District.
(3) 
Cost of installation. All subsequent hook-ups to the Town water system inside or outside the Consolidated Water District from the main to the consumer property line/curb stop will be according to the schedule of estimated charges for services rendered policy.
(4) 
Pipe specifications: service laterals. Unless otherwise approved in writing by the Town, the pipe from the curb stop to the consumer meter will be high-density polyethylene (HDPE) with a pressure rating of 200 PSI. The Superintendent of the Consolidated Water District or the Town Board of the Town of Champlain may revise such pipe specifications.
(5) 
Laying of service pipes and notification to the Superintendent of Consolidated Water District. Service pipes will be required to be laid not less than 72 inches below the surface of the earth or provide adequate insulation that is an amount equal to required buried depth. This applies to the established grade where it has been fixed. No trench will be backfilled in any manner before a representative of the Superintendent of the Consolidated Water District makes inspection for leaks and clearances.
(6) 
Trench openings and backfilling. The trench opening by the owner or contractor for tapping on to the service shutoff for the installation of the water line shall be of sufficient size and have the proper safety precaution to accommodate the work to be accomplished. The owner or contractor will make alterations to the opening as instructed by the Superintendent of the Consolidated Water District or his duly appointed representative. The backfilling of the trench will be made by the owner or the contractor. The material used will be sand six inches above and below the pipe. The remainder of the trench will be suitable on-site material, tamped every 12 inches until the trench is backfilled to original grade. Under roadways, sidewalks, and driveways, backfill will be crusher run and compaction will be tamped every six inches.
A. 
The owner of the property to which water is supplied by a service pipe will be required to maintain in proper working condition, at the owner’s own expense, said service pipe from the shut-off to owner’s building. Failure to make necessary repairs after due notice, in writing, by the Superintendent of the Consolidated Water District or his duly appointed representative will result in the water being turned off until such time that satisfactory repairs are made.
B. 
District 6 will be owned and maintained by the Town throughout the term of the Environmental Facilities Corporation Drinking Water State Revolving Fund loan.
A. 
In the event that the Water District through its Superintendent of the Consolidated Water District or his duly appointed representative shall be required to provide any repairs to any portion of the water pipe or the water supply facilities or structures within the Water District, the cost of said repairs shall be borne by all users within the Water District.
B. 
District 6 will be owned and maintained by the Town throughout the term of the Environmental Facilities Corporation Drinking Water State Revolving Fund loan.
[Amended 3-12-2024 by L.L. No. 2-2024]
A. 
Where required by the Town within the Water District, PRVs will be installed and maintained at the expense of the Town.
B. 
District #6 will be owned and maintained by the Town throughout the term of the Environmental Facilities Corporation Drinking Water State Revolving Fund loan.
No consumer is allowed any cross-connection from any other source of water under the rules and regulations, Part 5, of the NYS Department of Health. When such cross-connections are found, the water from the Town water system will be turned off immediately to prevent contamination of the Town water system. The consumer will disconnect the alternate source as required by Part 5 of the rules and regulations.
[Amended 3-12-2024 by L.L. No. 2-2024]
A. 
No fire hydrant will be operated by anyone except a representative of the Water District or Fire Department for the purpose of fighting a fire or a planned firefighter training exercise. No person shall open, interfere with, or draw water from any fire hydrant in the Town Water District without a permit from the Water Operator or authorized employee of the Town. Hydrants may be opened by or on the order of any member of a Fire Department for the purpose of attaching thereto a fire hose and equipment in case of fire or for training purposes.
B. 
Whenever a hydrant has been opened and used by the Fire Department, notification of such fact shall be promptly given to the Water Operator or authorized employee of the Town.
C. 
The prohibition in Subsection A above shall not apply to employees or officials of the Town of Champlain or the Village of Champlain when it is necessary, in the course of their work, to open a hydrant.
D. 
No person shall deposit any building materials or other articles or create any obstruction as to obstruct free access to any fire hydrant at any time. The Town reserves the right to remove and dispose of the obstruction at the expense of the property owner without warning. The Town and its agents and members of the Fire Department accept no liability for damages caused to private property obstructing a fire hydrant at any time.
E. 
No person shall, in any manner, willfully injure the curb stop boxes or fire hydrants.
A. 
All water services except those used exclusively for fire purposes shall be metered. Meters shall be obtained from the Superintendent of the Consolidated Water District and all municipal repairs and testing must be made by the Superintendent of the Consolidated Water District or his duly appointed representative.
B. 
Residential and commercial water meters shall be furnished by the Superintendent of the Consolidated Water District at cost to the consumer and shall be maintained by the Superintendent of Consolidated Water Districts.
C. 
A meter shall be sized in accordance with the water demand for that user.
D. 
Each parcel shall have one master meter.
The Superintendent of Consolidated Water District shall conduct periodic tests on all meters so as to maintain the meter in proper working condition. The Water District will pay all costs for routine testing and maintenance. The consumer will pay all repair costs of meters and components broken unless the device is found by the Superintendent of the Consolidated Water District to be faulty. The Water District will have all meters larger than two inches in size routinely tested every four years or as needed.
Interior water meters must be placed in an accessible part of the building or basement so that they may be read or removed. When placed in a pit, specifications for such a pit must be obtained from the Superintendent of the Consolidated Water District. Just inside of the basement or pit wall into which the service pipe extends, a shutoff valve must be placed ahead of the meter. On all water meters two inches and larger, a backflow preventer must be installed when connecting equipment or a building which has a potential of backfeeding contaminants into the system as determined under the operation and maintenance specifications. Interior water meters must be in a heated environment to eliminate freezing.
All water meters, when set, shall be sealed to prevent tampering. No person except an authorized representative of the Consolidated Water District shall break such seals or tamper with said meter.
Any representative of the Consolidated Water District, upon proper identification, shall have the right to enter any premises where municipal 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.
[Amended 10-12-2021 by L.L. No. 3-2021; 3-12-2024 by L.L. No. 2-2024]
In addition to any and all other fees and charges provided by law, every person who shall be supplied or whose property shall be supplied water by Champlain Water District and all other properties in the district shall pay water rent for the water supplied and be charged on the basis of equivalent dwelling units (EDUs) as set forth in the Addendum annexed hereto[1] and as follows:
A. 
Inside Champlain Consolidated Water District rates shall be as follows:
(1) 
Metered services:
(a) 
Water cost/kg of metered water; and
(b) 
An annual flat rate per equivalent dwelling unit, billed quarterly, will be set by the Town Board resolution, and can be adjusted from time to time as needed; with equivalent dwelling units (EDUs) calculated as set forth on the table of equivalent dwelling units as follows:
Table of Equivalent Dwelling Units (EDUs)
Town of Champlain Consolidated Water District
Description
EDU Assessment
Agriculture - noncommercial
Based on gallons used per quarter
Apartments, per unit
1.0
Bowling alley, per lane
0.5
Campground/RV park, per site
0.25
Car wash (all types), per bay
2.0
Cemetery (no water)
0.1
Church
1.0
Day care, kitchen facility, annex
0.25 per property usage
Commercial *see note
2.0
Commercial - agricultural (wineries, nurseries, livestock, other) *see note
2.0
Fire station *see note
2.0
Food service, restaurants, taverns, minimarts, deli's, convenience store *see note
2.0
Hairdresser/barber, per station, no sink, home business
0.5
Hairdresser/barber, stand-alone *see note
2.0
Hotel/motel, bed-and-breakfast, per unit
0.5
Laundromats, per machine
1.5
Nursing home, living facility, per unit
0.5
School *see note
25
Single-family residence
1.0
Shopping center *see note
2.0
Solar farm - medium scale (level 2), large scale (level 3)
Level 2 - 2.0, Level 3 - 5.0
Storage unit buildings — 1 - 5 buildings on property
2.0
Storage unit buildings — over 5 buildings on property
0.25 per building
Unbuildable, landlocked, right away parcels, per unit
0.1
U.S. Border station (contractual)
70
U.S. Government facilities, state facilities *see note
2.0
Vacation rentals (i.e. Airbnb, etc.) *see note
3.0
Vacant parcels, per unit (no water)
0.5
Vacant parcels, per unit (with water)
0.75
Warehouses and storage *see note
2.0
NOTE*
-
All commercial properties, regardless of use, will be assessed a minimum of two equivalent dwelling units (EDUs). Additional EDUs will be based on the following criteria:
-
Number of bathrooms, sinks, showers, washing stations and/or any other receptacle.
-
Number of employees.
-
Number of units on property, including rentals.
-
Property usage and potential property usage (any business entity or number of businesses on property).
-
Increase or decrease of units on property.
-
Number of occupant load or potential occupant load (i.e. seating capacity).
-
Contractual agreements.
(c) 
Commercial/governmental contractual agreements.
[1] 
The following properties have been designated as unique EDU contractual agreements to be reviewed annually:
[a] 
US Border Station (3.-1-11) - every 10 years.
[b] 
Deneault triplex (19.-1-50.2) - indefinite until property is further developed.
[c] 
North Country Golf Club Inc. (20.-1-6.1) - every year.
[d] 
Maquam Holdings LLC (33.-1-16.3) - indefinite until property is further developed.
B. 
The Champlain Consolidated Water District rates, the Table of Equivalent Dwelling Units, and assigned EDUs may be changed by the Town Board by resolution at any time with or without public hearing. For uses needed but not listed in the table, the closest, most relevant existing EDU assessment will be used to calculate equivalent dwelling units (EDUs).
C. 
Water bills which remain unpaid 30 days after the billing date shall have an additional interest charge of 2% assessed each month thereafter on the balance due. Similarly, quarterly equivalent dwelling unit charges which remain unpaid 30 days after the payment due date shall be assessed a 10% late charge based on the balance due. Bills of any kind that remain unpaid as of October 31 of each year will be charged by the Town as special assessments and collected the same.
D. 
Any property owner requesting water services be either turned on or off at the curb stop shall pay a non-negotiable service fee according to the schedule of estimated charges for services rendered policy.
E. 
The Town Board is hereby authorized to terminate water service to any user of said service who has not paid all lawful charges within 60 days from the date due.
(1) 
Notices. Water users who have failed or neglected to pay for charges incurred in the provision of water shall be served with a notice prior to termination of the service containing the following:
(a) 
Address of the premises;
(b) 
A statement of the amount due for water service provided;
(c) 
A statement that service may be terminated on a specified date;
(d) 
A statement that the costs of provision of water will be assessed against the land or improvements on the particular tax parcel which has benefited from the water service.
F. 
Service of notice of termination. The above notice shall be served by mailing said notice by first class mail to the owner of the property, at his or her address. Service shall be deemed complete upon such mailing.
G. 
Reconnection charge. If water service is restored to a parcel after being disconnected pursuant to the terms of this article, all unpaid charges, together with any interest and penalties, must be paid before service is restored. In addition, thereto, a reconnection charge according to the schedule of estimated charges for services rendered policy.
H. 
Users within the Champlain Consolidated Water District can grieve calculated equivalent dwelling units assigned to said property. The grievance process created by the Town Board must be followed to have any grievance reviewed and settled. The process includes completing an EDU dispute form and submitting completed paperwork to the EDU Assessor for initial review. Once reviewed by the EDU Assessor, a hearing will be scheduled to include the EDU Assessor, Town Board, and the property owner. After the hearing has concluded, a final decision will be made and the property owner will be notified of the outcome prior to the next billing period.
[1]
Editor's Note: Said addendum is on file in the Town offices.
[Amended 10-12-2021 by L.L. No. 3-2021]
In the event of an emergency, including but not limited to breaks in a water main, the Town 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 Town will give notification as soon as possible. In addition, the Town shall not be liable for the cost of water losses due to unintentional water use such as running garden hoses, swimming pool fixtures, faulty plumbing fixtures, etc.
Where on-premises fire prevention services are permitted, the entire cost of materials, installation and maintenance of the service from the main to the premises and within the limits of the premises shall be borne by the consumer. The consumer will pay a connection charge as listed. Failure to make proper repairs of the system, after due notice, will result in the water being turned off. When the consumer or a representative of the consumer desires to make flow tests or to make repairs to the fire service system, except in emergencies, the consumer or the representative of the consumer must give the Superintendent of the Consolidated Water District 48 hours’ advance notice before commencing such testing or repairs. The connection charges per billing shall be as adopted by the Town Board from time to time:
SCHEDULE
Type of Service Fee
Hydrants on private property
Inside the District
$5.50
Outside the District
$7.76
Sprinkler System
(inches)
1 1/2 and 2
$5
4
$10
6
$15
8
$20
10
$25
A. 
When a building is torn down and the water service is no longer required to the property or properties, the owner of said property is required to excavate at the water main so that the abandoned water line can be disconnected from the water main. The owner is responsible for refilling the excavation.
B. 
If the Superintendent of the Consolidated Water District or his duly appointed representative shall do the actual disconnection, then the owner will be responsible for any costs associated with disconnection by the Superintendent of Consolidated Water District or his duly appointed representative, and/or if the owner hires a contractor to disconnect, the owner will pay the costs for the Superintendent of Consolidated Water District or his duly appointed representative to inspect the disconnection. Charges that remain unpaid as of October 31 of each year may be charged by the Town as special assessments and collected as same.
C. 
District 6 will be owned and maintained by the Town throughout the term of the Environmental Facilities Corporation Drinking Water State Revolving Fund loan.
If a meter fails to accurately record the amount of water used, the consumer will be charged at the average daily consumption, the average of the last four quarters. The same practice shall be followed in the event that the meter cannot be read.
The owner of any premises which is supplied with water shall be liable for charges of the water used or other expenses in connection with such water service. The water charges shall be billed and collected directly from the property owner and in no case from the tenant.
Any persons or person, firm or corporation violating any of the provisions of these rules, regulations and ordinances hereby enacted shall, upon conviction, be fined a minimum of $25 and a maximum of $250 or imprisoned in the county jail for not more than 15 days, or be both so fined and imprisoned, and further, these rules and regulations and ordinances may be enforced by injunction.
When a property owner or tenant requires more water than the existing water pipe can deliver, it is the responsibility of the property owner to pay the cost of the enlargement of said waterline from the water main to the building. The cost of modification or replacement of the waterline will not be paid by the Water District.
No person or contractor will attempt to dig up or repair or replace or modify or disturb in any manner any waterline without giving notice to the Superintendent of Consolidated Water District at least five days prior to attempting such work. All such work shall be performed only during the normal business hours of the Superintendent of the Consolidated Water District unless an emergency situation exists. If and when a representative of the Water District is required to respond to turn off the water due to attempted repairs, either internal or external, the owner requesting the representative to respond will be billed for the actual call out cost to the Consolidated Water District. Charges that remain unpaid as of October 31 of each year may be charged by the Town as special assessments and collected as same.
A. 
In the event of a major break in a water main or drought condition that deplete the Town water levels, the Town of Champlain Town Board may order a “conservation of water” declaration. The Town Board will set times for the restriction. The order prohibits the use of water to wash cars, driveways, homes; water gardens, shrubs, flowers; and the filling of pools, etc.
B. 
The Town may have to issue a “boil water” advisory through the media, which could be caused by a major break, drought, or contamination of the water supply. The “boil water” advisory will stay in effect until such time as the Department of Health, through tests, has declared the water safe to use.