[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.
CONSUMER
SUPERINTENDENT OF CONSOLIDATED WATER DISTRICT
TOWN BOARD
WATER DISTRICT
Definitions used in this article shall be as follows:
The owner of the subject property being supplied by water
in the Town of Champlain, 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.
The Town Board of the Town of Champlain.
As used in this article shall mean Town of Champlain Consolidated
Water District.
Water bills shall be issued quarterly. Water bills shall be
addressed to the tax billing address for the parcel.
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.
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)
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 by the
Superintendent of the Consolidated Water District.
(2)
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 $500 plus the cost of
the inspection by the Superintendent of the Consolidated Water District.
The installation and materials of the service from the main to the
consumer is the responsibility of the owner.
(3)
Pipe specifications: service laterals. 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.
(4)
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.
(5)
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.
B.
The Town Board is authorized to modify any of the above terms and
conditions by resolution duly adopted by the Town Board.
C.
The above terms and conditions, however, shall not apply to the current
construction and installation of improvements within the bounds of
the newly created Town of Champlain Water District No. 6. The terms
and conditions of which shall be governed by the Town of Champlain
Water District No. 6 formation documents and only upon completion
of the improvements shall the above terms and conditions apply.
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.
A.
Where required by the New York State Department of Health Sanitary
Code, Part 5, or local ordinance, a backflow preventer of a suitable
type that is currently approved by the Health Department must be installed
at the expense of the consumer.
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.
No curb stop will be operated by anyone except a representative
of the Water District.
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.
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]
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, mini-marts, delis, 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
|
|
Unbuildable, landlocked, rightaway 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 (ie seating
capacity.
|
|
-
|
Contractual agreements.
|
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 of
$25 per request.
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 of
$50 shall be imposed for all single or double residential structures.
Any and all other users shall pay a reconnection charge equal to one-sixth
of the total of the bills of the just prior six months of full service.
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.
No swimming pools shall be filled from any hydrant within the
water district.
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.
