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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 Uyf STATES POSTAL SERVIPE tC1AL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Code In the space below. • Complete Items 1,2,3,and 4 on the LMMA�IL �Q • Attach to front of article N spsce p permits, otherwise affix to back of article, PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name,address, and ZIP Code in the space below. TO � . Dorleen A Doug her, Town Clerk Queensbury Town Office Building $37 Bo Rood..---- - Queensbury, New York2804 • SENDER: Complete items 1 and 2 when additional services are desired, ano-sutu � ..7 3 and 4. Put your address in the"RETURN TO`' Space on the reverse side.FaiW�-a to do this will prevent this cald� from being returned to you.The return recei•�t fee vQI provide o the name of Cs person delivered to and the date of deliver . For ad rtrona ees t —`o�fowirfg sgwces air a e. onsun postmaster or Tees an c ec ox es or additional service(sl requested..- 1. ❑ Show to whom delivered, date, and addressee's address. t2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number State Records and Low Bureau P 149 641 066 Type of Service: Department of State ❑ Registered ❑ Insured 762 Washington Avenue [j3 Certified ❑ COD �p Albany, New York 12231 ❑ Express Mail ❑ part Merchandise /r o ►gheture of addressee o TE DELIVERED. 5. Signature — Addressee / essee's Address (ONLY if X requested and fee paid) 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 ,tU.S.GAO. 1989-238.815 DOMESTIC RETURN RECEIPT ST, US iv, 1 01/31./91 FE[ ; ;i y The following material has been received and will. be processed for i.ncl,usion in yotir Code as supplemental pager (where applicable) Local I_aw lac?,. 1.-91 . Down of Queensbury C/O Clerk's Office 531 Bay Road Oueensbury, NY 1 804 JJ ff ijj { it i jJi j) ! i i 7t [ 7 I Additional Services General Code Publishers' commitment to the maintenance of an organized body of law for your municipality includes the following additional services which are available to you: i • Review and Analysis of Your Code • Printing of Additional Up-To-Date With State Laws. Copies of the Code. • Indexing — Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. 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