Town of Lansing, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lansing 7-18-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
The Town of Lansing hereby adopts this chapter, to be known as the Town of Lansing "Local Law Number 2 of 2012" and referred to herein as the "chapter." This chapter shall apply only within those areas of the Town of Lansing as are not located within the Village of Lansing. To any extend inconsistent herewith, this chapter supersedes any prior local laws, ordinances, rules, or regulations of the Town of Lansing pertaining to the subject matter hereof.
In order to protect vital Town of Lansing infrastructure, and to help ensure the safe, efficient, and economical distribution of municipal water, the Town of Lansing adopts these policies, rules, and regulations concerning water usage, user obligations, and extensions in and within the Town of Lansing and the Town of Lansing Consolidated Water District. This policy governs and regulates the delivery, use of water, use of water distribution equipment and personnel services, and the consumption of water supplies from the Town of Lansing Consolidated Water District, Consolidated Water District Extension 1 and Extension 2, and the use or purchase of water by any other person or entity, including, but not limited to, future Consolidated Water District users and Consolidated Water District extensions, back-lot extensions, and out of district users.
As used in this chapter, the following terms shall have the meanings indicated:
BACK-LOT EXTENSION
A property not included within the CWD or any CWD extension that is immediately adjacent to the boundary of the CWD or any CWD extension.
CHARGE or CHARGES
Includes water rate and water charges, fees, and any surcharges which may be established under this chapter.
COMMISSION
The Southern Cayuga Lake Intermunicipal Water Commission, commonly known as "Bolton Point."
CONTRACTING MUNICIPALITY
Any municipality, public authority, public agency, or public benefit corporation with whom the Town contracts to deliver, receive, treat, and/or distribute a supply of water.
CWD
The Town of Lansing Consolidated Water District.
CWD EXTENSION
Town of Lansing Consolidated Water District Extension 1 and/or Town of Lansing Consolidated Water District Extension 2. In certain contexts, this term may also refer to future extensions.
DWELLING or DWELLING UNIT
A residential structure or portion thereof, designed to provide habitation and living facilities for one to two families.
EXTENSION
An extension of the CWD formed pursuant to Town Law Articles 12, 12-A and/or 12-C, under the General Municipal Law, by intermunicipal agreement pursuant to the General Municipal Law, and/or pursuant to other laws of the State of New York, including, but not limited to, the creation of any public corporation or public authority.
OUT OF DISTRICT USER or OUTSIDE USER
Any person or entity that contracts to purchase water from the CWD or any CWD extension upon the terms and conditions stated in this chapter.
TOWN
The Town of Lansing, Tompkins County, New York.
TOWN BOARD
The Town Board of the Town of Lansing.
TOWN SUPERVISOR
The Town Supervisor of the Town of Lansing.
WATER ADVISORY COMMITTEE
A standing advisory committee appointed by the Town Board as described in this chapter.
WATER RATE
The water rent, rate, charge, or surcharge imposed or levied by the Town of Lansing, New York, for the use of water through the CWD and its extensions.
WATERWORKS SYSTEMS
The CWD, CWD extensions, any extensions, and all infrastructures supporting the transportation, treatment, storage, distribution or sale of water throughout and to the Town, the CWD, and any CWD extensions.
A. 
In addition to compliance with the laws of the State of New York and the requirements of the State and County Health Departments, each property owner shall also comply with all laws, ordinances, rules and regulations of the Town and the rules and regulations of the Commission. In the event of any inconsistency between this chapter and the rules and regulations of the Commission, the Town Supervisor shall determine which rules shall apply to such circumstances.
B. 
It shall be the responsibility of every property owner or occupant to keep water meters in a protected and accessible location where the same may be conveniently inspected, read, repaired or removed. The cost of meter replacement due to negligence or the lack of adequate protection shall be borne by the property owner. If a meter is inaccessible and cannot be read, the Town and/or the Commission may estimate the charges. Such estimate shall be adjusted when the next actual reading is taken.
C. 
No person other than an employee of the Town or the Commission shall interfere with or remove any water meter, sealing device, or coupling from any meter installation after it has been placed in service. No unauthorized person shall open or close any valve, hydrant, or curb cock, or interfere or meddle with any hydrant, valve, pipe, main, curb cock, meter, or other fixture or appurtenance connected with the waterworks system. The Town and the Commission shall control all mains, taps, gate valves, street service connections, curb stopcocks, curb and gate valve boxes, meters, and other fixtures and appurtenances connected with the waterworks system and may, whenever such facilities are operated or interfered with in any way in violation of these rules and regulations, discontinue the water service to the premises involved, which action shall be in addition to any other remedies or penalties provided for by these rules and regulations.
D. 
No person shall permit or allow contractors, masons, or other unauthorized persons or entities to take water from any connected premises or operate any valve connected with the waterworks system.
E. 
No person shall allow or cause damage to any water main, hydrant, meter or metering equipment, storage tower, standpipe or any facility or equipment used in providing water service.
F. 
No person may turn on or tamper with any hydrant which is a part of the water system without lawful authority.
The Town does hereby adopt and issue the following rules and regulations to govern and control such public water supplies, the CWD and its extensions, and the waterworks system generally. These rules and regulations shall be considered as a part of a contract with all parties now or hereafter taking and using water furnished by such public water supplies, the CWD and its extensions, and the waterworks system generally. Nothing herein shall be construed, however, as ruling that any piping or other facilities in active use on the date of adoption of these rules and regulations is unsatisfactory; but neither does this limitation imply that proper upgrades or maintenance, and the promulgation or enforcement of guidelines for the same, is prohibited. Consequently, any duly authorized officer, employee, contractor, or agent of the Town, or other person duly authorized by the Town Board or by the Commission, shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, or inspecting, disconnecting, repairing or replacing the same, for general waterworks system repairs and inspections, and for any other purpose reasonably necessary to carry out the provisions or purposes of this chapter or any requirements of the Commission. Town and Commission employees may enter, and must be permitted to enter upon, any premises where water is being supplied, or upon any premises for which application is made for a service, for the purpose of inspecting all work in connection with such service.
The Town may initiate or consent to the extension of Town water mains (and related appurtenances) upon such terms and conditions as the Town deems advisable, mainly, but not exclusively, pursuant to Town Law Articles 12, 12-A and 12-C; provided, however, that ownership of all mains and equipment, including lateral waterlines from the road or the right-of-way, shall be Town or CWD property, as applicable, but service lines from the lateral, roadway, or other right-of-way to the serviced building or dwelling unit shall be owned by the landowner or applicant, as applicable. The Town may require, whenever desired, that appropriate dedications of facilities, and lands upon which the same are located, be offered, or that easements be granted to allow the Town access to any such mains, laterals, and related appurtenances.
A. 
There is hereby established a Town Water Advisory Committee (the Committee) to evaluate proposals relating to the extension of mains, waterlines, and water services to new areas of, and properties and dwelling units within, the Town, including outside users, back-lots, CWD expansions, and new extensions. Committee members shall be appointed by the Town Board and shall consist of at least one Town Board member, who shall be Chairperson of such Committee. The Committee shall also be composed of at least four other members, at least two of which shall reside within the CWD or a CWD extension. The Committee shall make recommendations as to the waterworks systems generally, and shall evaluate proposals for new water services based upon the following non-exclusive factors:
(1) 
Engineering analysis. The Committee will first examine whether the proposal will be viable from an engineering standpoint. The engineering analysis will consider the limits of the waterworks system's then current water supply and distribution system, together with any additional resources that may be required in order to provide the requested services. At a minimum, the engineering analysis will consider water capacity, water pressure issues, and whether any improvements to the waterworks system are necessary or desirable for the proposed service (as well as for any other properties in the proposed service area that are likely to request service in the future). If the proposed or needed improvements benefit the CWD, any CWD extension, and the proposed service area, the Committee shall identify such benefits (and any detriments, such as cost) and apportion the benefits between the CWD, any CWD extension, and the proposed service area after consulting with the Town Engineer, the Town's Director of Planning, or any other person as directed by the Town Board.
(2) 
Planning analysis. If the proposal is viable from an engineering perspective, the Committee shall then evaluate planning and future growth impacts arising from, or likely to arise from, the proposal, including impacts to agricultural lands and resources and any consistency with, or deviation from, the Town's zoning requirements, stormwater requirements, and the Town's Comprehensive Plan. Questions to consider include whether the proposal:
(a) 
Will induce growth in areas of the Town appropriate for expansion;
(b) 
Will address significant health or safety concerns related to inadequate or unsafe water supplies;
(c) 
Will provide significant fire protection service improvements;
(d) 
Will affect the density of development in the Town;
(e) 
Will impact existing activities or uses in the proposal area, such as agriculture, schools, traffic, zoning, etc.
(3) 
Financial analysis. The Committee shall also consider and evaluate the likely fiscal and financial impacts of the proposal, including impacts upon the CWD and any CWD extension, to determine:
(a) 
Whether the proposal will unreasonably benefit the new users of the waterworks system, especially if at the expense of the CWD, CWD extensions, or the Town (including its residents and taxpayers);
(b) 
The potential benefits to the area from potential new or further development in the proposal area;
(c) 
The likely EDU costs as based upon engineering input or comparisons to similarly sized extensions or service extensions within the Town or any neighboring municipality or county; and
(d) 
Other potential financial impacts on the Town arising from the proposal, such as, but not limited to, firefighting, schools, transportation, sewers, stormwater impacts, roads, and other infrastructure and general Town-wide costs and impacts.
B. 
Based upon the above analyses, and any other factors the Committee then deems relevant, the Committee shall issue recommendations to the Town Board for consideration, such as, but not limited to, whether the proposal should be accepted with or without changes or conditions, whether an extension to the CWD is required or desirable, and/or whether service should be provided upon a contract basis for outside users. The Committee may also recommend whether the CWD boundaries should be amended to join the service area, and whether the CWD should, based upon costs, comparative costs per EDU, any increases in the CWD annual debt service, and other relevant factors, wholly or partially assume the cost of such extension of service (and, conversely, whether such extension of service should be the expense of the proposed new users). The recommendations may include: i) analyses as to whether, upon a percentage basis, any benefit is to be derived by the CWD or any extension from the extension of services into the proposal area; ii) subject to an engineering analysis and a formal Map, Plan and Report, an estimate of EDU costs under recommended extension scenarios; iii) subject to an engineering analysis and a formal Map, Plan and Report, an estimate of probable construction cost, debt services costs, and likely per EDU costs; iv) in the event the proposal area is to be incorporated into the CWD, an analysis of any increase in cost, debt, or revenues from such proposal; and v) an analysis of the amount, if any, of assets from the CWD or any CWD extension O and M or capital reserve fund to be applied toward the proposal (mainly, to pay for any benefits received by the CWD or any CWD extension). The Town Board shall review the Committee report and/or recommendations and may: i) refer the proposal back to the Committee to provide further information or analysis; ii) conduct its own research or analysis; iii) vote upon the proposal as presented, with or without amendments or conditions; or iv) proceed otherwise in accord with law.
Consistent with Agriculture and Markets Law Article 25-AA, and the regulations and policies of the Commissioner of Agriculture and the NYS Department of Agriculture and Markets (NYSDAM), the Town imposes the following special conditions and restrictions upon any proposed service extension request, whether by back-lot extension, outside user application, CWD extension, or otherwise, where the affected or benefitted lands are located within any officially designated County-adopted and State-certified agricultural district:
A. 
The only land and/or structures that will be allowed to connect to the proposed waterline or waterworks system within an agricultural district will be: i) existing structures at the time of construction of the waterline or extension; ii) future agricultural structures; and iii) and land and structures that have already been approved for development by the local governing body prior to the filing of the final notice of intent with NYSDAM by the Town. "Land and structures that have been approved for development" refers to those properties and structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, and special permit) is needed to move forward with project plans and the governing body has approved the action. If no local approval is required for the subdivision of land and/or the construction of structures, the Town accepts the limitation under Public Health Law § 1115 that defines a "subdivision," in part, as "any tract of land which is divided into five or more parcels." Water service will not be extended to the fifth and subsequent parcels where no local approval is required and the land is located within a county adopted and State certified agricultural district. Additionally, Town Law Article 16 and/or any local law of the Town governing subdivisions shall also apply.
B. 
If a significant hardship can be shown by an existing resident or applicant, then the lateral restriction to the resident's property may be removed, subject to approval by the Town, the County Department of Health, and NYSDAM. It is the responsibility of the resident landowner or applicant to demonstrate that a hardship exists relative to his or her existing water supply and clearly demonstrate the need for public water. The Town shall develop a hardship application to be filed with the Town, approved by the County Department of Health, and agreed to by NYSDAM.
C. 
Alternately, if it can be demonstrated to the satisfaction of the Town and NYSDAM that the landowner requested that the County remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, then the lateral restrictions may be removed by the Town if NYSDAM determines that the removal of the restriction for the subject parcel(s) would not have an unreasonable adverse effect upon the agricultural district.
D. 
If land is removed from a County-adopted and State-certified agricultural district, and the district has been reviewed by the County's legislative body and certified by the NYSDAM Commissioner for modification, the lateral restrictions imposed by the Town are no longer in effect for, and do not apply to, the parcels of land that have been so removed from the agricultural district.
A. 
No water main shall be tapped, nor any service main extended outside the boundaries of the CWD or any existing or future CWD extensions, except upon the submission of a special application therefor filed with the Town Board and a special permit thereupon granted and issued by the Town Board. The Town Board shall impose such conditions in the granting of the permit as shall be deemed fitting and proper. There shall be no obligation to provide any outside user with access to the CWD or the waterworks system, regardless of precedent. Water shall only be furnished to any outside user from any surplus of water existing within the CWD or one of its extensions, and when the addition of any outside user will not adversely affect the water supply or pressure.
B. 
Outside users shall pay not less than two times the whole of the water rate as set by the Town and the Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All service connections made to outside users must be made in accordance with these rules and regulations, entirely without expense to the CWD (and any extension), the Town, and the Commission.
Applications for water service must be made at the Office of the Town Clerk or, as applicable, at the offices of the Commission, on forms furnished for that purpose, at least 10 days before a service connection is desired and must be signed by the property owner. The application for water service shall be accompanied by any fees prescribed. In making application for water service, the applicant must comply with the rules and regulations as herein set forth, as well as the rules and regulations of the Commission, including such revisions, additions, and changes thereto which may be officially adopted from time to time by the Town or the Commission. The Town, or as applicable, the Commission, shall reply to any application, once complete, within a reasonable time.
A. 
No person or entity shall:
(1) 
Connect with or use the CWD, any extensions, or the waterworks system without first applying for and obtaining a permit from the Town Clerk, or such other person or agency designated by the Town Board, and/or the Commission, as then required; and
(2) 
Install, repair, alter, or otherwise tamper with a water meter or any waterworks system infrastructures unless authorized by the Town Supervisor, the Town Board, or the Commission, or unless such work is done pursuant to a validly issued permit.
B. 
No such permit shall be issued unless a valid building permit has been granted for the erection of any structure for which the water connection is sought, whether such structure has been heretofore or is to be hereafter erected.
C. 
Any duly authorized officer or employee of the Town may refuse to issue such permit, or may revoke such a permit, if a valid building permit is not issued and delivered to such officer or employee.
D. 
No multiple-user taps or lines are allowed or to be permitted. There shall be a separate and distinct tap and distribution line for the service of each dwelling unit and/or premises supplied with water.
Whenever required, the applicant must file with the Town or the Commission a certificate of insurance showing required coverages before any work is to be started. If the installation of any parts or lines will require the opening or cutting of any roadway or highway, necessary permits must be obtained therefor, and any necessary security or bond must be posted in an amount not less than $2,000 before any work is to be started. The applicant shall provide and maintain all necessary barricades, lights and warning signs and take all necessary precautions for the protection and safety of workers and the public.
Any injury or damage to service pipes, street mains, hydrants, valves, valve boxes or other fittings and devices, and any damage that may be caused by leakage or flow of water occasioned by such injury, or otherwise, and any damage caused by the installation or repair or any sewer or drain line, electrical conduit or cable, telephone conduit or cable, or by any excavation, embankment, paving, or other construction operation shall be repaired at the expense of the person or entity causing the injury or damage, or by the owner of the premises, or by the person or entity for whom such work is being done.
A. 
All facilities and appurtenances shall be installed by qualified personnel in accord with the rules of the Commission and the NYS and Tompkins County Health Departments. Whenever required or deemed necessary:
(1) 
Air gap separation requirements may or shall apply;
(2) 
The use and proper installation of approved back-flow devices shall be installed;
(3) 
Check valves shall be installed;
(4) 
Pressure reducing, double-check, and other valves may be required to be installed;
(5) 
Vacuum breakers and barometric loops may be required;
(6) 
Containment systems and devices may be required;
(7) 
And cross-connection and interconnection requirements shall be adhered to;
(8) 
All together with such other procedures, parts, and devices as are or may be necessary or convenient to ensure the safe delivery of water and the safe and efficient operation of the waterworks system.
B. 
The owner of property into which water is introduced by a service pipe will be responsible for maintaining it in perfect order, at such owner's sole and own cost and expense, from the point where it leaves public lands, or lines owned by the Town, Commission, CWD or any CWD extension (or other third party), and enters the lands of said property owner. This is, in part, so as to prevent loss of water by leakage.
C. 
In the event that the lateral or service connection is not maintained in a suitable condition and causes loss of water by leakage, and the property owner or occupant fails or neglects to correct such condition within 10 days from the receipt of a notice thereof as delivered by the Town or the Commission, then the Town or the Commission may enter upon the subject premises, make such repairs as are necessary, and the cost thereof shall be borne by the property owner and charged against such owner or such owner's property as if the same were water rates or water rents (see below).
D. 
The Town and the Commission shall not be responsible if the service pipe from the water main freezes, regardless of any installation or permit requirements or conditions. Proper installation and protection of such service pipes at all times remains the sole responsibility of the user or landowner, who shall adequately bury and protect such lines and pipes. If the Town or the Commission assists in thawing any pipes or devices, or otherwise expend any time or materials assisting in the resumption of a supply of water, then such cost shall be borne by the property owner and charged against such owner or such owner's property as if the same were water rates or water rents (see below).
A. 
The use of water by waterworks systems users is permitted subject to such conditions or reservations as the Town and the Commission may, in their sole discretion, consider reasonable.
B. 
The Town reserves the right to restrict or prohibit extraordinary uses of water if water supply or other conditions so require.
C. 
No water shall be taken from any hydrants in any water district for the purpose of filling, refilling, or use in any swimming pool, pond, reservoir or other storage on private property, or for any commercial purpose.
D. 
Water may be shut off by the Town, the CWD, or the Commission, from or through any waterline, service lateral, or main for the purpose of constructing new works or for making repairs to the waterworks system. Whenever possible, due notice will be given; but in case of emergency water may be shut off without notice and the Town and the Commission shall not be held responsible for any loss or damage resulting therefrom.
E. 
The Town and the Commission shall exercise their best efforts to maintain and adequate water supply, but there are unforeseen conditions, breakages, and other factors that can prevent the same. Accordingly, the Town and the Commission are and shall not be responsible or liable in any case for any claim made at any time for, or in relation to, the interruption of water service, any lessening of the water supply, inadequate water pressure, or any other similar cause of loss or damage.
F. 
Where water is wastefully or negligently used on a consumer's premises and such use affects the general supply, quality, or general services provided in relation to the waterworks system, the Town or the Commission may discontinue the service of such premises if conditions are not corrected within 24 hours after giving such customer written notice of such pending termination of service and an order to remedy the problem. If an emergency exists, such service may be interrupted or discontinued without advance notice, and the Town and the Commission shall not be held responsible for any loss or damage resulting therefrom.
A. 
Any person or entity that installs any waterworks system line or device, taps into or makes any connection in or to the waterworks system without a permit, or who fails to complete installation in accord with these requirements, the requirements of the Commission, or the requirements or conditions of any issued permit, will be in violation of this chapter.
B. 
Cross-connection of the piping (either inside or outside of the premises) serving the water supplied by the Town is and will not be permitted with any other source of supply, in part as such cross-connection is a violation of the New York State Sanitary Code; further, no connection of piping, either inside or outside of any premises, shall be made ahead of the meter. Any such connections or piping shall constitute a violation of this chapter.
C. 
Any water service obtained in violation of this chapter or the rules and regulations of the Commission may be shut off and terminated until there is compliance with this chapter, compliance with such rules and regulations, compliance with permitting requirements, and until any penalty, fine, fee, and other costs permitted or imposed by this chapter (and/or by the Commission) are paid in full. Further, the Town and the Commission may enter upon lands and remove any offending installations or parts.
A. 
All money and consideration collected pursuant to this chapter, together with all fines, interest, and penalties thereon, shall be designated in such manner as to identify the same as water revenue funds. All such funds derived from such water service and the operation of the CWD, CWD extensions, and other waterworks systems shall be applied towards the payment of the cost of operation and maintenance of the CWD and its extensions, and any extensions, repairs, maintenance, and improvements thereof and thereto, and toward the payment of the cost of construction thereof, including the payment of principal and interest on outstanding serial bonds or other obligations issued or incurred in connection with such waterworks systems, all in accord with law and the requirements of the Office of the State Comptroller.
B. 
The Town Board shall set from time to time by resolution:
(1) 
The schedule of water rates, and other charges and fees, for the purchase and use of water; and
(2) 
And any other fees, charges, or expenses imposed or collectable for any other purposes or services herein set forth, or as otherwise provided by the waterworks system, the CWD, or any CWD extension.
C. 
Notwithstanding the scheduling of water rates and other fees and charges, if there are existing contracts between a bulk or special user and the Town pursuant to which the Town, for other considerations, agreed to charge a water rate different than that required by the schedule so set from time to time, then the Town may continue to honor such contracts at the rates therein prescribed, or at such other rates as may be agreed to between the Town and such user. Nothing in this chapter shall preclude the Town from charging said bulk user the rates that would otherwise be required by the schedules, or from amending, from time to time, the terms of such bulk rate or special user agreements.
A. 
All water rates and charges due hereunder shall be paid to the Town at the Town offices at 29 Auburn Road, Box 186, Lansing, New York 14882, or at any other address directed by the Town as set forth on any water bill. Water Bills are due and payable upon the 25th day of the months of February, May, August and November. If paid after the 25th, a 10% penalty is added and collection of the same occurs in the next billing cycle. Any balances due in August that remain unpaid by October 10 may be levied upon the property tax roll for the benefitted real property (as set forth elsewhere herein).
B. 
The Town Clerk, or other person authorized by the Town Board, shall keep a record of all properties within the Town that are connected to the waterworks system, particularly identifying each such property as to whether it is within the CWD, any CWD extension, or whether such property or user is an outside user. Water bills shall be mailed to the owner (or applicant, or other person designated by the owner) by the Town or the Commission, at the address appearing on the tax rolls, unless another address has been provided by such user or other paying party. The failure of any person to receive a bill shall not excuse nonpayment thereof; nor shall it operate as a waiver of any penalties or late fees. Notwithstanding any other provision herein, all water rates, and other fees and charges relating to water service, shall be a charge against the owner of the premises connected with the waterworks system, and the landowner of record for the benefitted parcel of land shall be liable for the payment of all such rates and charges, including penalties and interest.
C. 
Disconnection.
(1) 
In addition to the 10% late payment penalty and levying unpaid bill amounts upon the tax bills, the Town or the Commission may disconnect or interrupt such water supply by adhering to the following steps:
(a) 
If the unpaid amount has been overdue for 60 or more days, then the Town Supervisor, or other person designated by such Town Supervisor, may cause a notice to be delivered or mailed to the owner (or to any other person designated by the owner) addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days from the date of such notice;
(b) 
Such notice shall state that if payment is not made in full, then the water service may be discontinued without further notice;
(c) 
If all amounts due are not paid as required by such notice, the Town Supervisor, or any employee or officer of the Town or of any contracting municipality or the Commission, as designated by the Town Supervisor or the Town Board, may enter upon said premises and cause the water service to be disconnected or interrupted.
(2) 
In addition to any other charges due to the Commission or Town, there shall also be due to the Town a charge for disconnecting (or interrupting) such water service and a charge for reconnecting such water service. Such charges shall be set from time to time by resolution of the Town Board (or in the absence of the same, by the Commission).
D. 
Water rates, and other fees and charges, including any surcharges thereto, shall constitute a lien upon and against the real property served by the waterworks system and shall be a charge against the owner or agent of such real property. The priority of such lien, and the enforcement and collection thereof, and of such water rates, and other fees and charges, shall be in accordance with Subdivision 3(d) of § 198 of the Town Law, and in accordance with all other provisions of the Town Law, the Real Property Tax Law, and other laws of the State of New York. All delinquent accounts for the payment of water rates, and other charges, fees, reimbursements, penalties, late fees, and other amounts due which remain unpaid as of October 10 of each year, may be placed on the tax roll for collection in accordance with the provisions of § 198 of the Town Law or other applicable provisions of law. For purposes of providing the information required to implement the provisions of § 198, Subdivision 3(d), of the Town Law, the Town Clerk shall, no later than November 1 of each year, provide statements showing such unpaid water rates and other amounts due, which statements shall contain the information and be utilized as set forth in Town Law § 198, Subdivision 3(d). Any failure to provide statements by such date, or to include all unpaid water rates and other amounts due as of said October 10, shall not invalidate any amounts that are included on any subsequently supplied statement or bill; nor shall it invalidate the levy of any unpaid water rates and other unpaid obligations upon any tax bill. "Real property" shall be deemed to include all lands, parcels, properties, improvements thereupon or thereto, and all dwelling units or other structures that are connected to or with the CWD, any CWD extension, or the waterworks system.
E. 
To enforce the collection of water rates, and other charges and fees due under these rules and regulations, including all interest, penalties, surcharges, fees, and other charges thereupon, the Town may also bring an action as upon a contract for the same, may foreclose liens for the same, and may seek collection and/or enforcement as provided for in § 198, Subdivision 3(d), of the Town Law, or any combination of the foregoing. The Town may pursue any one or more of the aforesaid, or other, remedies, separately or simultaneously, until all sums due have been collected in full.
Any costs and expenses or other charges (other than those hereinbefore described) incurred by the Town because of any repair upon, or other work performed for, the waterworks system, or otherwise for which the owner of any property served by or connected with the waterworks system is obligated to pay under these rules and regulations, or by any other law, rule, regulation, resolution, ordinance, statute or other provision of law, or by judgment or other determination of any court or tribunal of competent jurisdiction, shall be collected in the manner provided for the collection of water rates and shall be a lien upon the property benefitted thereby, enforceable in accordance with the provisions of this chapter and any other applicable provision of law.
The Town shall determine the charges and rates in special cases to cover unusual conditions or types of service not contemplated in this chapter, including the terms and conditions of any agreement(s) to supply water in relation thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. 
Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation.
C. 
In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.
D. 
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief.
(1) 
Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action:
(a) 
Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and
(b) 
The Town shall not be required to post any bond or undertaking; and
(c) 
The Town need not prove that:
[1] 
There is or will likely be irreparable harm; or
[2] 
That the Town has no adequate remedy at law.
(2) 
In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
The Town reserves the right to amend and supersede these rules and regulations whenever desired in accord with law. Further, the Town may impose specific additional rules and regulations in connection with the supply to private fire protection systems, such as, but not limited to, sprinkler systems, fire suppression systems, and outdoor sprinklers or watering devices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality.
The actions and determinations of the Town hereunder shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules. However, no standing may exist under said Article 78 until and unless any aggrieved person first applies for a waiver of any requirement, action, or interpretation then in dispute.
The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this chapter unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law.
Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted.
A. 
In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that:
(1) 
Granting the waiver would be keeping with the intent and spirit of this chapter and is in the best interests of the community and the waterworks system;
(2) 
There is no adverse effect upon the community, the CWD, any now existing or hereafter created CWD extensions, or the waterworks system generally;
(3) 
There are special circumstances involved in the particular case;
(4) 
Denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and
(5) 
The waiver is the minimum necessary degree of variation from the requirements of this chapter.
B. 
Upon application for a waiver by any person or entity, the Town shall:
(1) 
Hold a hearing, public or otherwise, within 30 days of the application, whereat the applicant may present such testimony or evidence as desired; and
(2) 
Grant or deny such waiver request, with or without conditions or limitations, within 30 days of the closure of such hearing.
If any clause or provision of this chapter shall be held invalid or unenforceable by a court or tribunal of competent jurisdiction, such holding shall not affect or invalidate the remainder of these rules and regulations and any such invalidity or unenforceability shall be confined in its operation to the clause or provision directly involved in the controversy in which such holding shall have been rendered.