[Adopted 4-29-1981 by L.L. No. 3-1981 as Ch. 98, Art. I, of the 1975 Code]
A. 
This article is enacted for the purpose of establishing appropriate safeguards to ensure the fact that water supply and distribution systems (other than such facilities provided by public authorities) hereafter established, constructed, installed, extended, enlarged and acquired within the territorial limits of the Town of LaGrange shall be established, constructed, installed, extended, enlarged, acquired, operated and maintained in such a manner as to secure for the residents and inhabitants thereof who shall be served by such systems a reliable, continuous and adequate supply of pure, potable and wholesome water at reasonable rates. In addition, it is intended hereby to afford such residents and inhabitants an adequate supply of water for fire protection purposes whenever and wherever feasible.
B. 
It is the intention of the Town Board by this article to protect, promote and improve the health, welfare, well-being and safety of the residents and inhabitants of the Town of LaGrange.
A. 
The following definitions shall apply in the interpretation and enforcement of this article:
BUILDINGS
Includes structures, dwellings, houses, apartment houses, house trailers, mobile homes, schools, stores, factories, offices, hotels, motels, hospitals, churches, institutions, inns and restaurants which are and/or which may be from time to time inhabited and/or occupied by humans.
DISTRIBUTION SYSTEM
Includes all pipes, equipment, mains, laterals, storage tanks, pumping facilities, chlorinators, purifiers, pressure tanks and chambers, and the connections and appurtenances thereto, which are and/or may be used to collect, store, convey and provide water for domestic use to persons who shall reside in and/or from time to time be present in the Town of LaGrange.
DWELLING
Includes any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Includes any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.
ENGINEER
Includes the Town Engineer of the Town of LaGrange and/or any and all persons and entities providing engineering services to the municipality.
FRANCHISE
Includes an exclusive right, permit. consent or license to supply water in the Town of LaGrange or any part or portion of the area thereof.
OPERATOR
Includes any person who has charge, care or control of a water supply and distribution system.
OWNER
Includes any person who, alone or jointly, or severally with others, shall have legal or equitable title to a water supply and distribution system, with or without accompanying actual possession thereof.
PERSON
Includes an individual, partnership, joint venture, company, society, association, joint-stock company, corporation, trust, estate, receiver, trustee, assignee, mortgagee, creditor, lienor, referee or entity, or any combination of the foregoing, or any party acting in a representative or fiduciary capacity whether appointed by a court or otherwise.
PUBLIC AUTHORITY
Includes the United States of America, the State of New York and any municipal and/or governmental subdivisions thereof, including any public improvement districts thereof.
STREET
Includes any public way, highway, right-of-way, road or thoroughfare used or intended to be used for travel and passage by the residents and inhabitants of the Town of LaGrange and others, whether the area of the same shall have been acquired by purchase, dedication, gift, devise, prescription, usage or by eminent domain.
SUPERINTENDENT OF HIGHWAYS
The Town Superintendent of Highways of the Town of LaGrange or his authorized representative.
TOWN
The Town of LaGrange, Dutchess County, New York.
TOWN BOARD
The local governing and legislative body of the Town of LaGrange.
WATER SUPPLY
Includes any well, lake, watercourse, pond, stream, reservoir and/or spring which shall serve as and be used as a source of water for consumption by humans.
WATERWORKS CORPORATION
Includes a corporation organized to supply water by mains or pipes to any of the cities, towns, villages or counties in the State of New York and the inhabitants thereof.
B. 
The word "shall," as used in the text of this article, is to be construed in the mandatory sense, and the word "may" in the permissive sense.
Except as hereinafter provided, it shall be hereafter unlawful for any person, owner or operator, other than a public authority, to establish, construct, install, extend, enlarge, acquire, operate and maintain any water supply and distribution system within the territorial limits of the Town of LaGrange without the prior written consent of a majority of the members of the Town Board. The prohibition herein shall preclude any person, owner or operator from establishing, extending, enlarging and acquiring any water supply and distribution system by means of a merger, consolidation, joint venture or any other method of combining existing operations, facilities, ownerships and entities without first obtaining the written consent required by this article.[1]
[1]
Editor's Note: Original §§ 98-4 through 98-10, which immediately followed this section, were repealed 1-10-1990 by L.L. No. 2-1990. Said original sections, prior to repeal, were as follows: § 98-4, Application for consent; § 98-5, Investigation of proposal by Engineer; § 98-6, Report by Engineer to Town Board; § 98-7, Public hearing; decision by Town Board; § 98-8, Requirements for successful applicants; § 98-9, Inspection and certification by professional engineer; and § 98-10, Acquisition of exclusive franchise or license prohibited.
[Added 1-10-1990 by L.L. No. 2-1990]
A. 
For subdivisions containing lot sizes of less than 40,000 square feet per dwelling unit or where central water is deemed necessary, the Town Board may require that such subdivision shall be provided with public water in accordance with the standards and specifications of the Town and at the expense of the developer.
B. 
Where subdivisions are to contain public water, such systems shall be approved by the Engineer and shall be constructed at the expense of the developer. The lots in said subdivision shall be connected to a water treatment plant owned and operated by the Town or by an appropriate public district to be established by the Town. The developer shall provide to the Town at his expense all necessary water lines and rights-of-way to connect the subdivision lots to the water treatment plant or source. The developer at his expense shall also provide to the Town a site, approved by the Engineer, for the construction of the water treatment plant if required. The developer shall construct said water treatment plant and then transfer the same to the Town or its duly authorized public agency.
(1) 
The fee to accompany the application to the Town for a permit to construct the public water system shall be the amount established in accordance with the following table:
Estimated Construction Cost
Fee*
(percent)
Up to $10,000.00
10.0
$50,000.00
6.5
$100,000.00
5.3
$500,000.00
3.6
$1,000,000.00
3.0
$2,000,000.00
2.7
NOTES
* Fee based on percent of estimated construction cost. Use arithmetic average to determine percentages between costs shown.
(2) 
This amount shall cover the cost of filing and the Town Engineer's review of the plans and specifications that are submitted and the cost of inspection during construction.
The Engineer and other authorized representatives of the Town shall be permitted to enter upon all water supply and distribution systems and facilities in the Town at any time for the purpose of examining, inspecting and observing the same and the operation and condition thereof and also for the purpose of sampling and testing the water supplied therefrom.
A. 
The provisions of this article shall not operate to prevent the use of individual wells to supply water for domestic use to not more than two one-family dwellings nor to any multiple dwelling containing not more than four dwelling units.
B. 
Further, persons shall have the right to make written application to the Town Board to exempt any water supply and distribution system designed and intended to serve any residential or nonresidential structure or complex of structures occupied or used by humans from the operation of this article. Upon a showing of proof adduced at a public hearing that the use of such a system for such purpose will not violate the spirit and intent of this article and upon a finding that such use will not be adverse to the public interest, the Town Board may grant such application subject to such conditions as it may deem appropriate to impose.
Any person found to be violating any provisions of this article may be prosecuted therefor and, upon conviction, shall be guilty of an offense. Any person so convicted may be fined in an amount not exceeding $100 for each violation. Each day in which any such violation shall continue shall be deemed a separate violation.