284.2002
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED TOWN OF QUEENSBURY
ORDINANCE ENTITLED “ ORDINANCE RESTRICTING OUTDOOR WATER USE IN
THE SHORE COLONY WATER DISTRICT
RESOLUTION NO. 284.2002
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Shore Colony Water District was established by the Town over forty
(40) years ago and presently includes only forty-two (42) properties; and
WHEREAS, The Town and District are now unable to measure the individual water
usage of each property and so the amount budgeted annually by the Town to cover costs of the
District are allocated equally among each of the 42 properties without regard to actual water
usage; and
WHEREAS, the New York State Department of Health (DOH) and Department of
Environmental Conservation (DEC) have required significant improvements to the water
processing and filtration system and procedures in the District, which have been implemented by
the Town; and
WHEREAS, the amount included in the year 2002 budget for the Town Water
Department anticipated a certain reasonable level of service based on engineering information
applicable at the time that the budget was prepared which was prior to the imposition of the
additional requirements by DOH and DEC; and
WHEREAS, implementation of the additional DOH and DEC requirements have resulted
in significant unexpected cost increases which were not included in the year 2002 budget; and
WHEREAS, the Town wishes to minimize the impact of these increased costs and has
discussed various alternatives with the Town Water Superintendent; and
WHEREAS, although the Town is hoping install water meters in the District as soon as
possible, this cannot feasibly occur until the next budget year; and
WHEREAS, the Town Board and the Town Water Superintendent believe that it is vital
to take immediate action to limit the impact of the increased cost of operation of the District; and
WHEREAS, pursuant to Town Law Section 198 (3) (c) the Town Board is empowered to
adopt ordinances, rules and regulations for the operation of the water district and the use of water
therein, and to provide for the enforcement thereof or for the punishment of violators;
and
WHEREAS, the following Ordinance shall apply to all Water Users in the Shore Colony
Water District
1.WATER USE RESTRICTION – Use of water for outdoor purposes, including but not
limited to: lawn and garden watering, car washing, swimming pool and pond filling,
and filling of decorative fountains shall be permitted through the use of a hand-held
hose only. No person, corporation or other entity, shall use or permit the use of
District water for any outdoor purpose by any other means.
2.RESTORATION OF SERVICE- In any case where the water supply to any premises
has been shut off for cause it shall be a violation for any person to restore such
service without the permission of the Water Department.
3.DURATION - This rule shall remain in effect until specifically rescinded by the
Town Board.
4.PENALTIES FOR OFFENSES – Non-compliance with or violation of this Ordinance
shall constitute a Violation, punishable by a fine not to exceed $1000 per violation.
In addition, the Town Board may discontinue the water service and cut off the water
supply to any premises the owner or occupant of which has failed to comply with the
provisions of this Ordinance.
5.ENFORCEMENT – This Ordinance may be enforced by the Water Department
and/or by any Town Code Compliance Officer and may be prosecuted in Town Court.
NOW THEREFORE BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at
the Queensbury Activities Center, 742 Bay Road, Queensbury, New York 12804 on July 15,
2002 at 7:00 P.M. to hear all interested persons and take any necessary action provided by law
concerning proposed Town Ordinance entitled, “ ORDINANCE RESTRICTING OUTDOOR
WATER USE IN THE SHORE COLONY WATER DISTRICT”, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning the proposed Ordinance in the
manner provided by law.
st
Duly adopted this 1. day of July, 2002 by the following vote:
AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES: None
ABSENT: None