LL 01 Operation of Water District Use of Water NYS DEPARTMENT OF STATE " MUNICIPALITY
BUREAU OF STATE RECORDS
162 Washington Avenue Town of Queensbury
Albany, NY 12231-0001
*—AL LNW(S) N0. YEAR FILING DATE
DATE: 1/30/91 1 1991 1/29/91
Local Law Acknowledgment
The above-refrenced material was received
Darleen M. Dougher-Town Clerk — and filed by t1s office as indicated.
I I
Town of Queensbury
Town Office Building
531 Bay Road
Queensbury, NY 12804 Additional local law filig forms will be
I— —I forwarded upon reques
DOS-236 (Rev. 6/90)
NEW YORK STATE DEPARTMENT OF STATE
L xjcal.Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
C6"4)x
M of ......QUEENSBURY
Town
V"fK
Local Law No. .......1........................................... of the year 19 V....
A local law ..ESTABLISH/NG RULES„& REGULATIONS FOR THE OPERATION OF
.. .. .. ..........................................
(Insert Title)
WATER DISTRICTS & THE USE OF WATER THEREIN
Be it enacted by the .......T.OWN..S0A.RD....................................................................................................of the
(Name of Legislative Body)
Ca6116d(7�
CXU�X of ........QLIEE.11lSB.U.R.Y...........................................................................................................as follows:
Town
V 01age
SECTION 1 : Title
This Local Law gall be titled: ''A Local Law Establishing
Rules and Regulations for the Operation of Water Districts and the
Use of Water Therein. ''
SECTION 2 : Authority
The authority for this Local Law is Town Law Section 198
(3) (c) and the Municipal Home Rule Law of the State of New York.
." SECTION 3: Legislative History and Purpose
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 .
SECTION 4: App_Ii cab ility
This Local Law _and the rules and regulations established
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
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 Local Law and shall be operated
in accordance with separate regulations .
SECTION 5: Definitions
All terms or words used in this Local Law 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 .
SECTION b: Water Meters Required
A. All water service for residential and commercial , of
whatsoever kind and nature, shall be rendered by meter
only, and customers shall be billed for such service by
the Water Department.
B. 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 Local Law, 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 Local Law, unless an extension of time in which
to provide said meters is obtained as set forth
herein.
2 . Upon the adoption of this Local Law, the Water
Department of the Town of Queensbury shall notify,
2
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
( 1 ) year from the date of adoption of this Local
Law. 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 non-metered
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 f'_irther 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 , business or entities which are known from
the records of the Water Department to be receiving
non-metered water service, from complying with the
terms and provisions of this Local Law. 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 , business
or entities must arrange for or install a water
meter as provided by the vario,.is provisions hereof .
4. After hearing an application upon five (5) days
written notice of such hearing to the applicant, the
3
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 ,own 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 .
SECTION 7 : Taps, Service Lines and Water Meter Installations
A. All taps, service lines, and installations 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 a water district main
lines to an servicing a particular parcel or building
or portion +±-_ereof , shall be the responsibility of the
4
district or the property owner as follows :
1 . For water lines which are 2" in diameter or smaller,
the appropriate water district shall be responsible
for installation, 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 water line 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 water lines greater than 2" in diameter, the
property owner or person in interest of the
properly, business , residence, or establishment
receiving water service, shall be responsible for
the water line from the shut-off 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 water line over 2" in
diameter which is in a New York State right-of-way,
the owner shall be required to install the water
line as aforedescribed, except that the owner shall
turn over the maintenance responsibilities to the
Town for that portion of the water line 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 fo_ iows :
5
1 . Water meters servicing lines up to the size of 2"
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 2" in diameter
shall be provided for and installed by the owner of
the property to be serviced, while the Town shall
maintaLa 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 .
SECTION 8: Resale of Water Prohibited
Resale of water by customers is prohibited without the
express authorization and consent of the Town Board of the Town of
Queensbury.
6
SECTION 9: Fees
A. For Making Connections and Use of Water Meters : Fees for
making connections and/or the use of water meters shall
be as currently established for the Queensbury
Consolidated Water District and may be amended or
increased or decreased from time to time , as the Town
Board of the Town of Queensbury shall deem appropriate,
by Resolution following a Public Hearing. Notice of said
Public Hearing shall be published in the official
newspaper of the Town, at least 5 days prior to the
hearing date , and shall set forth a description of the
fees to be --hanged and the amount of the new fee .
SECTION 10: Payment-of -Water Bill and Overdue Water Bills
A . All water `ills not paid within such date shall be
assessed a late payment charge of 10%.
B. Water furnis�ied 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
7
persons shall turn it on again without the permission of
the Water Department .
SECTION 11 : Penalties/Cause for Discontinuance
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 Local Law, or any rules and
regulations relating to the character and construction
and maintenance of pipes and connections and the use of
the water . 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.
Discontinuance or the shutting •off of water shall only
occur after a hearing is held by the Town Board upon 5
days written notice to the property owner or person or
entity in occupancy. This remedy may be used alone or
in conjunction with any other remedies set forth herein.
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, Non-
compliance or violation of any of the provisions of this
Local Law 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 . 00 or by
imprisonment_ for not more than 15 days, or both. This
8
remedy may be used alone or in conjunction with any other
remedies set forth herein.
SECTION 12: Repealer
All ordinances or resolutions , and parts of either, that were
heretofore adopted or passed and that conflict or are inconsistent
with this Local Law or with any part thereof, are hereby annulled
and repealed, provided, however, that suits or proceedings now
pending shall in no way be affected by any provision of this Local
Law.
9
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 91
of the (C30X0tj((Z.WXTown)Q3A21 df of Queensbury was duly passed by the
Towa B o d on January 21st 1991 , in accordance with the applicable provisions of law.
(Name of Legislative o y
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19_,
(Elective Chief xecutive Otficer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
10
y
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19_
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
-Clerk of the County legislative body, city-mown or Village Clerk
or officer designated by local legilsative body
(Seal) Date: Jonuork 22. 1991
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Warren
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the w hereto.
a ure
Town A ttorney
Title
eftxfv
!Rk)K of Oueensbury
Town
Date: January 22, 7991
11
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Local I_aw lac?,. 1.-91 .
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Oueensbury, NY 1 804
JJ ff ijj { it i jJi j) ! i i 7t [ 7 I
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