[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:
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.
Includes water rate and water charges, fees, and any surcharges
which may be established under this chapter.
The Southern Cayuga Lake Intermunicipal Water Commission,
commonly known as "Bolton Point."
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.
The Town of Lansing Consolidated Water District.
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.
A residential structure or portion thereof, designed to provide
habitation and living facilities for one to two families.
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.
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.
The Town of Lansing, Tompkins County, New York.
The Town Board of the Town of Lansing.
The Town Supervisor of the Town of Lansing.
A standing advisory committee appointed by the Town Board
as described in this chapter.
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.
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:
(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:
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.
