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HomeMy WebLinkAbout2021 Local Law #3, Water District Operating PolicyTOWN OF DANBY LOCAL LAW NO. 3 OF THE YEAR 2021 A LOCAL LAW ADOPTING THE WEST DANBY WATER DISTRICT OPERATING POLICY Be it enacted by the Town Board of the Town of Danby as follows: Section 1 TITLE This local law shall be known as “The West Danby Water District Operating Policy” Section 2 AUTHORITY AND INTENT This local law is a police power. It is intended and is hereby declared to address matters oflocal concern. This local law is intended to be consistent with and adopted pursuant to theauthority granted to the Town Board under the New York State Constitution and the laws ofthe State of New York. Section 3 SAVINGS If any provision of this local law is found invalid by any court of competent jurisdiction, suchinvalidity shall not affect any other provisions of this local law, which shall remain in fullforce and effect. Section 4 EFFECTIVE DATE This local law shall take effect immediately. Vote Recorded on 12 April 2021: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Section 5 TEXT The Town of Danby hereby adopts the following set of policies, rules, and requirements forthe West Danby Water District as set forth in the WDWD Operating Policy. Water District Policy [HISTORY:Adopted by the Town Board of the Town of Danby 4-12-2021 by L.L. No. 3-2021. Amendments noted whereapplicable.] 1. Title and applicability. The Town of Danby hereby adopts this chapter, to be known as the Town of Danby "Local Law Number X of 2021" andreferred to herein as the "chapter.". To any extent inconsistent herewith, this chapter supersedes any prior local laws,ordinances, rules, or regulations of the Town of Danby pertaining to the subject matter hereof. 2. Purpose. In order to protect vital Town of Danby infrastructure, and to help ensure the safe, efficient, and economical distribution ofmunicipal water, the Town of Danby adopts these policies, rules, and regulations concerning water usage, user obligations,and extensions in and within the Town of Danby and the West Danby Water District. This policy governs and regulates thedelivery, use of water, use of water distribution equipment and personnel services, and the consumption of water suppliesfrom the West Danby Water District, and the use or purchase of water by any other person or entity, including, but notlimited to, future West Danby Water District users and West Danby Water District extensions, back-lot extensions, and out ofdistrict users. 3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BACK-LOT EXTENSIONA property not included within the WDWD or any WDWD extension that is immediately adjacent to the boundary of theWDWD or any WDWD extension. CHARGE or CHARGESIncludes water rate and water charges, fees, and any surcharges which may be established under this chapter. CONTRACTING MUNICIPALITYAny municipality, public authority, public agency, or public benefit corporation with whom the Town contracts to deliver,receive, treat, and/or distribute a supply of water. WDWDThe West Danby Water District. WDWD EXTENSIONFuture West Danby Water District extensions. DWELLING UNITA residential structure or portion thereof, designed to provide habitation and living facilities for one families. EXTENSIONAn extension of the WDWD formed pursuant to Town Law Articles 12, 12-A and/or 12-C, under the General Municipal Law,by inter-municipal agreement pursuant to the General Municipal Law, and/or pursuant to other laws of the State of NewYork, including, but not limited to, the creation of any public corporation or public authority. OUT OF DISTRICT USER or OUTSIDE USERAny person or entity that contracts to purchase water from the WDWD or any WDWD extension upon the terms andconditions stated in this chapter. TOWNThe Town of Danby, Tompkins County, New York. TOWN BOARDThe Town Board of the Town of Danby. TOWN SUPERVISORThe Town Supervisor of the Town of Danby. WATER ADVISORY COMMITTEEA standing advisory committee appointed by the Town Board as described in this chapter. WATER RATEThe water rent, rate, charge, or surcharge imposed or levied by the Town of Danby, New York, for the acquisition of waterthrough the WDWD and its extensions. WATERWORKS SYSTEMSThe WDWD, any extensions, and all infrastructures supporting the transportation, treatment, storage, distribution or sale ofwater throughout and to the Town, the WDWD, and any WDWD extensions. 4. Rules and compliance requirements for all users.A. In addition to compliance with the laws of the State of New York and the requirements of the State and County HealthDepartments, each property owner shall also comply with all laws, ordinances, rules and regulations of the Town. In theevent of any inconsistency, the Town Supervisor shall determine which rules shall apply to such circumstances. B. It shall be the responsibility of every property owner or occupant to keep water meters in a protected and accessiblelocation where the same may be conveniently inspected, read, repaired or removed. The cost of meter replacementdue to negligence or the lack of adequate protection shall be borne by the property owner. If a meter is inaccessibleand cannot be read, the Town may estimate the charges. Such estimate shall be adjusted when the next actual readingis taken. C. No person other than an employee of the Town shall interfere with or remove any water meter, sealing device, orcoupling from any meter installation after it has been placed in service. No unauthorized person shall open or close anyvalve, hydrant, or curb cock, or interfere or meddle with any hydrant, valve, pipe, main, curb cock, meter, or other fixtureor appurtenance connected with the waterworks system. The Town shall control all mains, taps, gate valves, streetservice connections, curb stopcocks, curb and gate valve boxes, meters, and other fixtures and appurtenancesconnected with the waterworks system and may, whenever such facilities are operated or interfered with in any way inviolation of these rules and regulations, discontinue the water service to the premises involved, which action shall be inaddition to any other remedies or penalties provided for by these rules and regulations. D. No person shall permit unauthorized persons or entities to take un-metered water from any connected premises oroperate any valve connected with the waterworks system. E. No person shall allow or cause damage to any water main, hydrant, meter or metering equipment, storage tower,standpipe or any facility or equipment used in providing water service. F. No person may turn on or tamper with any hydrant which is a part of the water system without lawful authority. 5. Rights of entry and presumed contract. The Town does hereby adopt and issue the following rules and regulations to govern and control such public water supplies,the WDWD and its extensions, and the waterworks system generally. These rules and regulations shall be considered as apart of a contract with all parties now or hereafter taking and using water furnished by such public water supplies, theWDWD and its extensions, and the waterworks system generally. Nothing herein shall be construed, however, as ruling thatany piping or other facilities in active use on the date of adoption of these rules and regulations is unsatisfactory; but neitherdoes this limitation imply that proper upgrades or maintenance, and the promulgation or enforcement of guidelines for thesame, is prohibited. Consequently, any duly authorized officer, employee, contractor, or agent of the Town, or other personduly authorized by the Town Board, shall be permitted to enter on any property at reasonable hours for the purpose ofinspecting, disconnecting, repairing or replacing the same, for general waterworks system repairs and inspections, and forany other purpose reasonably necessary to carry out the provisions or purposes of this chapter. Water District Operator andCode Enforcement Officer may enter, and must be permitted to enter upon, any premises where water is being supplied, orupon any premises for which application is made for a service, for the purpose of inspecting all work in connection with suchservice. 6. Extending services and extension districts. The Town may initiate or consent to the extension of Town water mains (and related appurtenances) upon such terms andconditions as the Town deems advisable, mainly, but not exclusively, pursuant to Town Law Articles 12, 12-A and 12-C;provided, however, that ownership of all mains and equipment, including lateral waterlines from the road or the right-of-way,shall be Town or WDWD property, as applicable, but service lines from the lateral, roadway, or other right-of-way to theserviced building or dwelling unit shall be owned by the landowner or applicant, as applicable. The Town may require,whenever desired, that appropriate dedications of facilities, and lands upon which the same are located, be offered, or thateasements be granted to allow the Town access to any such mains, laterals, and related appurtenances. 7. Water Advisory Committee.A. The Town Board established a Citizen’s Advisory Board known as the West Danby Water District Citizen’s WaterCommission on July 1, 1968. The West Danby Water District Citizen’s Water Commission shall henceforth be renamedthe Town Water Advisory Committee (the Committee). In addition to the duties previously described, the Committeeshall evaluate proposals relating to the extension of mains, waterlines, and water services to new areas of, andproperties and dwelling units within, the Town, including outside users, back-lots, WDWD expansions, and newextensions. The Committee shall make recommendations as to the waterworks systems generally, and shall evaluateproposals for new water services based upon the following non-exclusive factors: 1. Engineering analysis. The Committee will first examine whether the proposal will be viable from an engineeringstandpoint. The engineering analysis will consider the limits of the waterworks system's then current water supplyand distribution system, together with any additional resources that may be required in order to provide therequested services. At a minimum, the engineering analysis will consider water capacity, water pressure issues,and whether any improvements to the waterworks system are necessary or desirable for the proposed service (aswell as for any other properties in the proposed service area that are likely to request service in the future). If theproposed or needed improvements benefit the WDWD, any WDWD extension, and the proposed service area, theCommittee shall identify such benefits (and any detriments, such as cost) and apportion the benefits between theWDWD, any WDWD extension, and the proposed service area after consulting with the Town Engineer, theTown's Planner, or any other person as directed by the Town Board. 2. Planning analysis. If the proposal is viable from an engineering perspective, the Committee shall then evaluateplanning and future growth impacts arising from, or likely to arise from, the proposal, including impacts toagricultural lands and resources and any consistency with, or deviation from, the Town's zoning requirements,stormwater requirements, and the Town's Comprehensive Plan. Questions to consider include whether theproposal:a. Will induce growth in areas of the Town appropriate for expansion;b. Will address significant health or safety concerns related to inadequate or unsafe water supplies;c. Will provide significant fire protection service improvements;d. Will affect the density of development in the Town;e. Will impact existing activities or uses in the proposal area, such as agriculture, schools, traffic, zoning, etc.3. Financial analysis. The Committee shall also consider and evaluate the likely fiscal and financial impacts of theproposal, including impacts upon the WDWD and any WDWD extension, to determine:a. Whether the proposal will unreasonably benefit the new users of the waterworks system, especially if at theexpense of the WDWD, WDWD extensions, or the Town (including its residents and taxpayers);b. The potential benefits to the area from potential new or further development in the proposal area;c. The likely costs as based upon engineering input or comparisons to similarly sized extensions or serviceextensions within the Town or any neighboring municipality or county; andd. Other potential financial impacts on the Town arising from the proposal, such as, but not limited to, firefighting,schools, transportation, sewers, stormwater impacts, roads, and other infrastructure and general Town-widecosts and impacts.B. Based upon the above analyses, and any other factors the Committee then deems relevant, the Committee shall issuerecommendations to the Town Board for consideration, such as, but not limited to, whether the proposal should beaccepted with or without changes or conditions, whether an extension to the WDWD is required or desirable, and/orwhether service should be provided upon a contract basis for outside users. The Committee may also recommendwhether the WDWD boundaries should be amended to join the service area, and whether the WDWD should, basedupon costs, comparative costs per EDU(equivalent dwelling unit), any increases in the WDWD annual debt service, andother relevant factors, wholly or partially assume the cost of such extension of service (and, conversely, whether suchextension of service should be the expense of the proposed new users). The recommendations may include: i)analyses as to whether, upon a percentage basis, any benefit is to be derived by the WDWD or any extension from theextension of services into the proposal area; ii) subject to an engineering analysis and a formal Map, Plan and Report,an estimate of EDU costs under recommended extension scenarios; iii) subject to an engineering analysis and a formalMap, Plan and Report, an estimate of probable construction cost, debt services costs, and likely per EDU costs; iv) inthe event the proposal area is to be incorporated into the WDWD, an analysis of any increase in cost, debt, or revenuesfrom such proposal; and v) an analysis of the amount, if any, of assets from the WDWD or any WDWD extension O and M or capital reserve fund to be applied toward the proposal (mainly, to pay for any benefits received by the WDWD orany WDWD extension). The Town Board shall review the Committee report and/or recommendations and may: i) referthe proposal back to the Committee to provide further information or analysis; ii) conduct its own research or analysis;iii) vote upon the proposal as presented, with or without amendments or conditions; or iv) proceed otherwise in accordwith law. 8. Agricultural districts; lateral restrictions and conditions forfuture water services. Consistent with Agriculture and Markets Law Article 25-AA, and the regulations and policies of the Commissioner ofAgriculture and the NYS Department of Agriculture and Markets (NYSDAM), the Town imposes the following specialconditions and restrictions upon any proposed service extension request, whether by back-lot extension, outside userapplication, WDWD extension, or otherwise, where the affected or benefited lands are located within any officiallydesignated County-adopted and State-certified agricultural district: A. The only land and/or structures that will be allowed to connect to the proposed waterline or waterworks system withinan agricultural district will be: i) existing structures at the time of construction of the waterline or extension; ii) futureagricultural structures; and iii) land and structures that have already been approved for development by the localgoverning body prior to the filing of the final notice of intent with NYSDAM by the Town. "Land and structures that havebeen approved for development" refers to those properties and structures that have been brought before a localgoverning body where approval (e.g., subdivision, site plan, and special permit) is needed to move forward with projectplans and the governing body has approved the action. If no local approval is required for the subdivision of land and/orthe construction of structures, the Town accepts the limitation under Public Health Law § 1115 that defines a"subdivision," in part, as "any tract of land which is divided into five or more parcels." Water service will not be extendedto the fifth and subsequent parcels where no local approval is required and the land is located within a county adoptedand State certified agricultural district. Additionally, Town Law Article 16 and/or any local law of the Town governingsubdivisions shall also apply. B. If a significant hardship can be shown by an existing resident or applicant, then the lateral restriction to the resident'sproperty may be removed, subject to approval by the Town, the County Department of Health, and NYSDAM. It is theresponsibility of the resident landowner or applicant to demonstrate that a hardship exists relative to his or her existingwater supply and clearly demonstrate the need for public water. The Town shall develop a hardship application to befiled with the Town, approved by the County Department of Health, and agreed to by NYSDAM. C. Alternately, if it can be demonstrated to the satisfaction of the Town and NYSDAM that the landowner requested thatthe County remove his or her land from an agricultural district at the time of district review and the county legislativebody refused to do so, then the lateral restrictions may be removed by the Town if NYSDAM determines that theremoval of the restriction for the subject parcel(s) would not have an unreasonable adverse effect upon the agriculturaldistrict. D. If land is removed from a County-adopted and State-certified agricultural district, and the district has been reviewed bythe County's legislative body and certified by the NYSDAM Commissioner for modification, the lateral restrictionsimposed by the Town are no longer in effect for, and do not apply to, the parcels of land that have been so removedfrom the agricultural district. 9. Outside user policy (including back-lots). A. No water main shall be tapped, nor any service main extended outside the boundaries of the WDWD or any existing orfuture WDWD extensions, except upon the submission of a special application reviewed by the Water District AdvisoryCommittee and thereafter filed with the Town Board and a special permit thereupon granted and issued by the TownBoard. The Town Board shall impose such conditions in the granting of the permit as shall be deemed fitting andproper. There shall be no obligation to provide any outside user with access to the WDWD or the waterworks system,regardless of precedent. Water shall only be furnished to any outside user from any surplus of water existing within theWDWD or one of its extensions, and when the addition of any outside user will not adversely affect the water supply orpressure. B. Outside users shall pay not less than two times the whole of the water rate as set by the Town. [Amended at time ofadoption of Code (see Ch. 1, General Provisions, Art. I)] C. All service connections made to outside users must be made in accordance with these rules and regulations, entirelywithout expense to the WDWD (and by extension), the Town). 10. Applications. Applications for water service must be made to the Code Enforcement Office, on forms furnished for that purpose, at least10 days before a service connection is desired and must be signed by the property owner. The application for water serviceshall be accompanied by any fees prescribed. In making application for water service, the applicant must comply with therules and regulations as herein set forth, including such revisions, additions, and changes thereto which may be officiallyadopted from time to time by the Town. The Town shall reply to any application, once complete, within a reasonable time. 11. Permits for connection or repairs. A. No person or entity shall: 1. Connect with or use the WDWD, any extensions, or the waterworks system without first applying for and obtaininga permit from the Water District Operator, or such person or agency designated by the Town Board, as thenrequired; and 2. Install, repair, alter, or otherwise tamper with a water meter or any waterworks system infrastructures unlessauthorized by the Water District Operator, Town Supervisor, the Town Board, or unless such work is donepursuant to a validly issued permit. B. No such permit shall be issued unless a valid building permit has been granted for the erection of any structure forwhich the water connection is sought, whether such structure has been heretofore or is to be hereafter erected. C. Any duly authorized officer or employee of the Town may refuse to issue such permit, or may revoke such a permit, if avalid building permit is not issued and delivered to such officer or employee. D. No multiple-user taps or lines are allowed or to be permitted. There shall be a separate and distinct tap and distributionline for the service of each dwelling unit and/or premises supplied with water. 12. Insurance, bond and safety requirements. Whenever required, the applicant must file with the Town a certificate of insurance showing required coverages before anywork is to be started. If the installation of any parts or lines will require the opening or cutting of any roadway or highway,necessary permits must be obtained therefor, and any necessary security or bond must be posted in an amount not lessthan $2,000 before any work is to be started. The applicant shall provide and maintain all necessary barricades, lights andwarning signs and take all necessary precautions for the protection and safety of workers and the public. 13. Liability for injury or damage to waterworks system. Any injury or damage to service pipes, street mains, hydrants, valves, valve boxes or other fittings and devices, and anydamage that may be caused by leakage or flow of water occasioned by such injury, or otherwise, and any damage causedby the installation or repair or any sewer or drain line, electrical conduit or cable, telephone conduit or cable, or by anyexcavation, embankment, paving, or other construction operation shall be repaired at the expense of the person or entitycausing the injury or damage, or by the owner of the premises, or by the person or entity for whom such work is being done. 14. Hookup, installation and maintenance requirements. A. All facilities and appurtenances shall be installed by qualified personnel in accord with the NYS and Tompkins CountyHealth Departments. Whenever required or deemed necessary: 1. Air gap separation requirements may or shall apply; 2. The use and proper installation of approved back-flow devices shall be installed; 3. Check valves shall be installed; 4. Pressure reducing, double-check, and other valves may be required to be installed; 5. Vacuum breakers and barometric loops may be required; 6. Containment systems and devices may be required; 7. And cross-connection and interconnection requirements shall be adhered to; 8. All together with such other procedures, parts, and devices as are or may be necessary or convenient to ensurethe safe delivery of water and the safe and efficient operation of the waterworks system. B. The owner of property into which water is introduced by a service pipe will be responsible for maintaining it in perfectorder, at such owner's sole and own cost and expense, from the point where it leaves public lands, or lines owned bythe Town, WDWD or any WDWD extension (or other third party), and enters the lands of said property owner. This is, inpart, so as to prevent loss of water by leakage.C. In the event that the lateral or service connection is not maintained in a suitable condition and causes loss of water byleakage, and the property owner or occupant fails or neglects to correct such condition within 10 days from the receiptof a notice thereof as delivered by the Town, then the Town may enter upon the subject premises, make such repairsas are necessary, and the cost thereof shall be borne by the property owner and charged against such owner or suchowner's property as if the same were water rates or water rents (see below). D. The Town shall not be responsible if the service pipe from the water main freezes, regardless of any installation orpermit requirements or conditions. Proper installation and protection of such service pipes at all times remains the soleresponsibility of the user or landowner, who shall adequately bury and protect such lines and pipes. If the Town assistsin thawing any pipes or devices, or otherwise expends any time or materials assisting in the resumption of a supply ofwater, then such cost shall be borne by the property owner and charged against such owner or such owner's propertyas if the same were water rates or water rents (see below). 15. Use restrictions and limitations. A. The use of water by waterworks systems users is permitted subject to such conditions or reservations as the Townmay, in its sole discretion, consider reasonable. B. The Town reserves the right to restrict or prohibit extraordinary uses of water if water supply or other conditions sorequire. C. No water shall be taken from any hydrants in any water district for the purpose of filling, refilling, or use in anyswimming pool, pond, reservoir or other storage on private property, or for any commercial purpose. D. Water may be shut off by the Town, through the Water District Operator, from or through any waterline, service lateral,or main for the purpose of constructing new works or for making repairs to the waterworks system. Whenever possible,due notice will be given; but in case of emergency water may be shut off without notice and the Town shall not be heldresponsible for any loss or damage resulting therefrom. E. The Town and the Water District Operator shall exercise their best efforts to maintain an adequate water supply, butthere are unforeseen conditions, breakages, and other factors that can prevent the same. Accordingly, the Town andthe Water District Operator are and shall not be responsible or liable in any case for any claim made at any time for, orin relation to, the interruption of water service, any lessening of the water supply, inadequate water pressure, or anyother similar cause of loss or damage. F. Where water is wastefully or negligently used on a consumer's premises and such use affects the general supply,quality, or general services provided in relation to the waterworks system, the Town and Water District Operator maydiscontinue the service of such premises if conditions are not corrected within 24 hours after giving such customerwritten notice of such pending termination of service and an order to remedy the problem. If an emergency exists, suchservice may be interrupted or discontinued without advance notice, and the Town and Water District Operator shall notbe held responsible for any loss or damage resulting therefrom. 16. Improper connections. A. Any person or entity that installs any waterworks system line or device, taps into or makes any connection in or to thewaterworks system without a permit, or who fails to complete installation in accord with these requirements, or therequirements or conditions of any issued permit, will be in violation of this chapter. B. Cross-connection of the piping (either inside or outside of the premises) serving the water supplied by the Town is andwill not be permitted with any other source of supply, in part as such cross-connection is a violation of the New YorkState Sanitary Code; further, no connection of piping, either inside or outside of any premises, shall be made ahead ofthe meter. Any such connections or piping shall constitute a violation of this chapter. C. Any water service obtained in violation of this chapter may be shut off and terminated until there is compliance with thischapter, compliance with such rules and regulations, compliance with permitting requirements, and until any penalty,fine, fee, and other costs permitted or imposed by this chapter are paid in full. Further, the Town may enter upon landsand remove any offending installations or parts. 17. Water revenues and water rates. A. All money and consideration collected pursuant to this chapter, together with all fines, interest, and penalties thereon,shall be designated in such manner as to identify the same as water revenue funds. All such funds derived from suchwater service and the operation of the WDWD, WDWD extensions, and other waterworks systems shall be appliedtowards the payment of the cost of operation and maintenance of the WDWD and its extensions, and any extensions,repairs, maintenance, and improvements thereof and thereto, and toward the payment of the cost of constructionthereof, including the payment of principal and interest on outstanding serial bonds or other obligations issued orincurred in connection with such waterworks systems, all in accord with law and the requirements of the Office of theState Comptroller. B. The Town Board shall set from time to time by resolution: 1. The schedule of water rates, and other charges and fees, for the purchase and use of water; and 2. And any other fees, charges, or expenses imposed or collectable for any other purposes or services herein setforth, or as otherwise provided by the waterworks system, the WDWD, or any WDWD extension. C. Notwithstanding the scheduling of water rates and other fees and charges, if there are existing contracts between abulk or special user and the Town pursuant to which the Town, for other considerations, agreed to charge a water ratedifferent than that required by the schedule so set from time to time, then the Town may continue to honor suchcontracts at the rates therein prescribed, or at such other rates as may be agreed to between the Town and such user.Nothing in this chapter shall preclude the Town from charging said bulk user the rates that would otherwise be requiredby the schedules, or from amending, from time to time, the terms of such bulk rate or special user agreements. 18. Payment rules and procedures. A. All water rates and charges due hereunder shall be paid to the Town at the Town offices at 1830 Danby Road, Ithaca,New York 14882, or at any other address directed by the Town as set forth on any water bill. Water Bills are due andpayable upon the 15th day of the months of February, May, August and November. If paid after the 15th, a 10% penaltyis added and collection of the same occurs in the next billing cycle. Any balances due in August that remain unpaid byOctober 30 may be levied upon the property tax roll for the benefited real property (as set forth elsewhere herein). B. The Water District bookkeeper, or other person authorized by the Town Board, shall keep a record of all propertieswithin the Town that are connected to the waterworks system, particularly identifying each such property as to whetherit is within the WDWD, any WDWD extension, or whether such property or user is an outside user. Water bills shall bemailed to the owner (or applicant, or other person designated by the owner) by the Town, at the address appearing onthe tax rolls, unless another address has been provided by such user or other paying party. The failure of any person toreceive a bill shall not excuse nonpayment thereof; nor shall it operate as a waiver of any penalties or late fees.Notwithstanding any other provision herein, all water rates, and other fees and charges relating to water service, shallbe a charge against the owner of the premises connected with the waterworks system, and the landowner of record forthe benefited parcel of land shall be liable for the payment of all such rates and charges, including penalties andinterest. C. Disconnection. 1. In addition to the 10% late payment penalty and levying unpaid bill amounts upon the tax bills, the Town maydisconnect or interrupt such water supply by adhering to the following steps: a. If the unpaid amount has been overdue for 60 or more days, then the Town Supervisor, or other persondesignated by such Town Supervisor, may cause a notice to be delivered or mailed to the owner (or to anyother person designated by the owner) addressed to the address to which bills are to be sent, and to theoccupant of the premises, addressed at the premises, stating the amount due and demanding paymentthereof within a period of at least 10 days from the date of such notice; b. Such notice shall state that if payment is not made in full, then the water service may be discontinued withoutfurther notice; c. If all amounts due are not paid as required by such notice, the Town Supervisor, or other person designatedby such Town Supervisor, may enter upon said premises and cause the water service to be disconnected orinterrupted. 2. In addition to any other charges due to the Town, there shall also be due to the Town a charge for disconnecting(or interrupting) such water service and a charge for reconnecting such water service. Such charges shall be setfrom time to time by resolution of the Town Board. D. Water rates, and other fees and charges, including any surcharges thereto, shall constitute a lien upon and against thereal property served by the waterworks system and shall be a charge against the owner or agent of such real property.The priority of such lien, and the enforcement and collection thereof, and of such water rates, and other fees andcharges, shall be in accordance with Subdivision 3(d) of § 198 of the Town Law, and in accordance with all otherprovisions of the Town Law, the Real Property Tax Law, and other laws of the State of New York. All delinquentaccounts for the payment of water rates, and other charges, fees, reimbursements, penalties, late fees, and otheramounts due which remain unpaid as of October 10 of each year, may be placed on the tax roll for collection inaccordance with the provisions of § 198 of the Town Law or other applicable provisions of law. For purposes ofproviding the information required to implement the provisions of § 198, Subdivision 3(d), of the Town Law, the TownClerk shall, no later than November 1 of each year, provide statements showing such unpaid water rates and otheramounts due, which statements shall contain the information and be utilized as set forth in Town Law § 198,Subdivision 3(d). Any failure to provide statements by such date, or to include all unpaid water rates and other amountsdue as of said October 10, shall not invalidate any amounts that are included on any subsequently supplied statementor bill; nor shall it invalidate the levy of any unpaid water rates and other unpaid obligations upon any tax bill. "Realproperty" shall be deemed to include all lands, parcels, properties, improvements thereupon or thereto, and all dwellingunits or other structures that are connected to or with the WDWD, any WDWD extension, or the waterworks system. E. To enforce the collection of water rates, and other charges and fees due under these rules and regulations, including allinterest, penalties, surcharges, fees, and other charges thereupon, the Town may also bring an action as upon acontract for the same, may foreclose liens for the same, and may seek collection and/or enforcement as provided for in§ 198, Subdivision 3(d), of the Town Law, or any combination of the foregoing. The Town may pursue any one or moreof the aforesaid, or other, remedies, separately or simultaneously, until all sums due have been collected in full. 19. Costs, expenses and other charges. Any costs and expenses or other charges (other than those herein before described) incurred by the Town because of anyrepair upon, or other work performed for, the waterworks system, or otherwise for which the owner of any property served byor connected with the waterworks system is obligated to pay under these rules and regulations, or by any other law, rule,regulation, resolution, ordinance, statute or other provision of law, or by judgment or other determination of any court ortribunal of competent jurisdiction, shall be collected in the manner provided for the collection of water rates and shall be alien upon the property benefited thereby, enforceable in accordance with the provisions of this chapter and any otherapplicable provision of law. 20. Unusual conditions or special services. The Town shall determine the charges and rates in special cases to cover unusual conditions or types of service notcontemplated in this chapter, including the terms and conditions of any agreement(s) to supply water in relation thereto. 21. Penalties for offenses. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceedingbrought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of thischapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrantsin compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well asto hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate,impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subjectto a fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in acivil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. C. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination,modification, or revocation of any permits or approvals as issued. D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any otherlawful remedy by the Town, including, but not limited to, the right to seek equitable relief. 1. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Townmay bring an action to enjoin and restrain the continuation of such violation and in any such action: a. Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and b. The Town shall not be required to post any bond or undertaking; and c. The Town need not prove that: 1. There is or will likely be irreparable harm; or 2. That the Town has no adequate remedy at law. 2. In such action, the court may also award any damages or other relief requested, including declaring the rights andinterests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieuof, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement orotherwise. 22. Additional, amended or future rules and regulations. The Town reserves the right to amend and supersede these rules and regulations whenever desired in accord with law.Further, the Town may impose specific additional rules and regulations in connection with the supply to private fireprotection systems, such as, but not limited to, sprinkler systems, fire suppression systems, and outdoor sprinklers orwatering devices. 23. Fees. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodicallyupdated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution toreimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings,publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering(and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall bereasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and feeschedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality. 24. Final determinations. The actions and determinations of the Town hereunder shall be deemed "final determinations" for purposes of Article 78 ofthe New York Civil Practice Laws and Rules. However, no standing may exist under said Article 78 until and unless anyaggrieved person first applies for a waiver of any requirement, action, or interpretation then in dispute. 25. Limitation upon Town liability. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, orfailures to act, under or pursuant to this chapter unless it is proven to a reasonable degree of certainty that such injury ordamage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to themaximum extent permitted by law. 26. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements isjustified, a waiver may be granted. A. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: 1. Granting the waiver would be keeping with the intent and spirit of this chapter and is in the best interests of thecommunity and the waterworks system; 2. There is no adverse effect upon the community, the WDWD, any now existing or hereafter created WDWDextensions, or the waterworks system generally; 3. There are special circumstances involved in the particular case; 4. Denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and 5. The waiver is the minimum necessary degree of variation from the requirements of this chapter. B. Upon application for a waiver by any person or entity, the Town shall: 1. Hold a hearing, public or otherwise, within 30 days of the application, whereat the applicant may present suchtestimony or evidence as desired; and 2. Grant or deny such waiver request, with or without conditions or limitations, within 30 days of the closure of suchHearing. 27. Severability. If any clause or provision of this chapter shall be held invalid or unenforceable by a court or tribunal of competentjurisdiction, such holding shall not affect or invalidate the remainder of these rules and regulations and any such invalidity orunenforceability shall be confined in its operation to the clause or provision directly involved in the controversy in which suchholding shall have been rendered.