[Adopted 1-21-1991 by L.L. No. 1-1991]
This article shall be titled "A Local Law Establishing
Rules and Regulations for the Operation of Water Districts and the
Use of Water Therein."
The authority for this article is Town Law § 198,
Subdivision 3(c), and the Municipal Home Rule Law of the State of
New York.
A number of water districts and water district
extensions currently exist within the Town of Queensbury. In reviewing
the various local laws and ordinances currently in effect, the Town
Board of the Town of Queensbury finds that it would be beneficial
to the Town of Queensbury to have in effect a local law which provides
or establishes uniform rules and regulations for the operation of
all water districts within the Town and the use of water by all districts
and residences of those districts, with the exception of those few
districts which, because of their unique nature, warrant different
or specialized regulations.
This article and the rules and regulations established
hereby shall be applicable to all water districts located within the
Town of Queensbury and supplied water by the Queensbury Consolidated
Water District. The Shore Colony Water District shall be specifically
excepted from this article and shall be operated in accordance with
separate regulations.
All terms or words used in this article shall
have such definitions as may be assigned to them within the Town Law
of the State of New York and, if said Town Law does not define said
terms or words, the usage commonly assigned to said words or terms.
A.
All water service for residential and commercial uses,
of whatsoever kind and nature, shall be rendered by meter only, and
customers shall be billed for such service by the Water Department
B.
Installation of meters.
(1)
All owners or other persons having any interest in
the title to property, businesses, residences or other types of establishments
which are receiving water service within any of the districts of the
Town of Queensbury affected by this article and which are currently
not being billed for water service by way of meter readings shall
be required to provide or arrange for the provision of a water meter
within one year from the date of adoption of this article, unless
an extension of time in which to provide said meters is obtained as
set forth herein.
(2)
Upon the adoption of this article, the Water Department
of the Town of Queensbury shall notify, by certified mail, return
receipt requested, property owners or other persons, businesses or
entities which are known from the records of the Water Department
to be receiving water or water service from any District in the Town
of Queensbury and which are not being billed for said water service
based upon metered use that the installation of a meter will be required
within one year from the date of adoption of this article. The notices
may be in letter form and shall advise the property owners or other
persons, businesses or entities known from the records of the Water
Department to be receiving nonmetered water service that water meters
are mandatory as of the date indicated herein. The letter shall also
advise that extensions of time may be possible and that further information
and a copy of the local law mandating said water meters may be received
by contacting the Water Department of the Town of Queensbury.
(3)
Failure to provide the notice herein required shall
not in any way relieve the property owners or the persons, businesses
or entities which are known from the records of the Water Department
to be receiving nonmetered water service from complying with the terms
and provisions of this article. The Town Board of the Town of Queensbury
may, however, consider a failure of notification as a basis for extending
the time in which said persons, businesses or entities must arrange
for or install a water meter as provided by the various provisions
hereof.
(4)
After hearing an application upon five days' written
notice of such hearing to the applicant, the Town Board of the Town
of Queensbury, on behalf of any water district, may vary or extend
the length of time in which a property owner or other person interested
in a property, business, residence or other type of establishment
receiving water service in any district in the Town of Queensbury
must provide or arrange for the provision of a water meter. The Town
Board of the Town of Queensbury may extend the time period up to one
year, by which a water meter must be installed on the premises. To
receive a variance or modification of the time requirements, the affected
property owner or person interested in the property must prove practical
difficulties, and the extension of time provided by the Town Board
must be the minimum variance or modification which would help to alleviate
the specific hardship. In no event however, shall the Town Board waive
the requirement of a meter or allow an extension of time greater than
one year in which to provide water meters.
A.
All taps, service lines and installation affecting
any water district main transmission lines shall be supervised by
the Town of Queensbury Water Superintendent, and no installation or
tap or connection shall be made unless authorized by the Town of Queensbury
Water Superintendent in accordance with rules and regulations adopted
by the Town Board of the Town of Queensbury.
B.
Water service lines running from water district main
lines to and servicing a particular parcel or building or portion
thereof shall be the responsibility of the district or the property
owner as follows:
(1)
For waterlines which are two inches in diameter or
smaller, the appropriate water district shall be responsible for installation
and maintenance and shall own the line running from the main service
line to the property line. The property owner or other person in interest
shall be responsible, own and maintain the waterline running from
the property line to the water meter and then from the water meter
to the service lines of the building and shall also be likewise responsible
and own all service lines within the building.
(2)
For waterlines greater than two inches in diameter,
the property owner or person in interest of the property, business,
residence or establishment receiving water service shall be responsible
for the waterline from the shutoff valve in the main water district
line to and including the business, house, property and/or structure
being serviced, except that in the case of a waterline over two inches
in diameter which is in a New York State right-of-way, the owner shall
be required to install the waterline as aforedescribed, except that
the owner shall turn over the maintenance responsibilities to the
Town for that portion of the waterline existing in a New York State
right-of-way, and the Town, upon completing such maintenance and repairs
as may, from time to time, be necessary, shall charge the same back
to the owner.
C.
Water meters servicing a particular parcel or building
shall be the responsibility of the district or property owner as follows:
(1)
Water meters servicing lines up to the size of two
inches in diameter shall be owned, installed and maintained by the
water district in which the service is being provided. The residential,
business or other type of property receiving the water service, as
provided for hereby, shall be required to pay a tapping fee to cover
the cost of the Town ownership, installation and maintenance of said
water meter, at an amount to be set by the Town Board of the Town
of Queensbury, in accordance with the procedures set forth herein.
(2)
Water meters servicing lines over two inches in diameter
shall be provided for and installed by the owner of the property to
be serviced, while the Town shall maintain the same. Water meters
provided and installed as provided for herein shall be in accordance
with the specifications and standards adopted by the Town of Queensbury
from time to time and shall be the standard meter accepted by the
Town in such applications. Upon purchase and installation, the owner
shall turn over the title and ownership to said meter to the appropriate
district, at no cost and free of any liens or encumbrances. There
shall be no tapping fee or any other like fee assessed in the aforedescribed
circumstance.
Resale of water by customers is prohibited without
the express authorization and consent of the Town Board of the Town
of Queensbury.
[Amended 12-3-2012 by L.L. No. 5-2012]
Rates for water use and fees for connecting to the Town's water
supply system shall be established and may be amended from time to
time by Town Board resolution as provided under Town Law § 198(3)(d).
A.
All water bills not paid within such date shall be
assessed a late payment charge of 10%.
B.
Water furnished to any property for any purchase stands
charged against such property regardless of change of ownership, and
the Town Board of the Town of Queensbury reserves the right to discontinue
the service from the premises for any unpaid bill or bills accumulated
by a former owner or owners and to refuse to turn the same on again
until all the arrears and penalties are paid. In case of transfer
of property, the Water Department must be immediately notified so
that proper adjustment may be made of any charges or repair bills
against such property. Any new owner or his authorized representative
shall be responsible for all current water charges and any unpaid
balances upon acceptance of title to the property. In the case that
water is turned off by an agent of the Water Department for proper
cause, no persons shall turn it on again without the permission of
the Water Department.
A.
The Town Board of the Town of Queensbury may discontinue
water service and shut off the supply from any premises, the owner
or occupant of which has failed to comply with the provisions of this
article and the Town's Water Department current Design and Construction
Standards or any rules and regulations relating to the character and
construction and maintenance of pipes and connections and the use
of the water and payment of water bills. In the event of such a failure
to comply, the Town Board may adopt an order requiring that any overdue
bill be paid or other offense cured within 30 days or water service
to the premises may be shut off and discontinued. The Water Superintendent
shall then serve the Town Board order on the property owner(s) and
the occupant(s) of the premises by registered mail and by regular
mail to the address used to send real property taxes to the premises.
If the overdue bill is not paid or other offense cured within 30 days
after such service by mail of the order, the Water Superintendent
may shut off and discontinue water service to the premises. Such service
will not be resumed until the cause for such discontinuance is removed
and the expense of shutting off and turning on the water is paid..
This remedy may be used alone or in conjunction with any other remedies
set forth herein.
[Amended 11-16-2020 by L.L. No. 10-2020]
B.
In addition to the remedies set forth herein, the
Town Board of the Town of Queensbury may also forward overdue and
unpaid water bills to the County of Warren and request that the same
be made a lien on the property and billed for payment as part of the
real property tax assessments. This remedy may be used alone or in
conjunction with any other remedies set forth herein.
C.
In addition to all other remedies set forth herein,
noncompliance or violation of any of the provisions of this article
by any person, persons, corporation or corporations, company or companies,
partnership or partnerships shall be considered a violation, punishable
by a maximum fine not to exceed $250 or by imprisonment for not more
than 15 days, or both. This remedy may be used alone or in conjunction
with any other remedies set forth herein.
