Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 279.
Subdivision of land — See Ch. 295.
Wastewater management — See Ch. 331.
Himrod Water District — See Ch. A354.
[Adopted 5-17-1999 by L.L. No. 1-1999; amended in its entirety 4-15-2002 by L.L. No. 1-2002[1] (Ch. 136, Art. I, of the 1997 Code)]
[1]
Editor's Note: Local Law No. 2-2002, adopted 11-18-2002, amended this local law to make it applicable to all water districts and extensions in the Town of Milo.

§ 336-1 Purpose; rules and regulations.

The Town of Milo (hereinafter "Town") having established the Milo Water District No. 1 and extensions (hereinafter "district"), the purpose of said district being to provide water service within said district, sets forth herein below rules and regulations for every person and/or corporate owner supplied with water service by the district. These rules and regulations shall be accepted by all parties receiving water service from the district and shall constitute a part of the contract between the parties and the district. Whenever the word "consumer" shall be used in these rules and regulations, it shall mean the owner of the property.

§ 336-2 Application for service permit; street openings.

A. 
Application for connection to the water system or continued service in the case of a new property owner must be made at the Town Office by the property owner or authorized agent. The application for the service must be submitted 48 hours prior to commencing work.
B. 
Work in highway rights-of-way is subject to either Town, county or state permitting and requirements of the appropriate highway authorities. All excavations and backfills necessary for the installation of said service pipe and tapping of the main are to be made by the consumer, who assumes all liability in case of damages of any kind which may arise during the progress of the work authorized by the permit or by reason thereof. Red signal lights, barricades, railing and all other necessary means of protection against accidents shall be provided by the applicant.

§ 336-3 Taps.

A separate tap and service is required for each residence or commercial establishment supplied with water. In extenuating circumstances, on a case-by-case basis, the Town may allow a trench to be shared by adjoining property owners. The agreement between sharing property owners is subject to review by the Town.

§ 336-4 Cost of installation.

When a new main is constructed by the district, the district will bear the cost of the tap and service within the right-of-way, to and including a curb stop for each residence or commercial establishment in existence at the time of water main construction. The water service on private property will be the responsibility of the property owner. Thereafter, property owners of new residences or commercial establishments built after completion of water main construction must bear the entire cost of the materials and installation of the tap and service in both the public right-of-way and on private property. The installation of said service from the main to the curb stop shall be made by the district or its approved agent at the expense of the consumer.

§ 336-5 Materials; construction specifications.

The Town Board will adopt and amend by resolution, from time to time, appropriate material and construction specifications for water services, metering and appurtenances.

§ 336-6 Laying of service pipes.

Service pipes will be required to be laid not less than 54 inches below the surface of the earth. This applies to the established grade where it has been fixed. A water service pipe cannot be laid in the same trench with a sewer lateral and shall have a minimum of six feet of horizontal clearance from any sewer lateral. No trench will be backfilled in any manner before inspection for leaks and clearances is made by a duly authorized agent of the district.

§ 336-7 Trench backfilling.

Sand bedding will be used around the service for a depth of one foot. A plastic pipe sleeve may be used in lieu of sand bedding. In public rights-of-way, bankrun gravel will placed and tamped in one-foot lifts until the trench is back to original grade. Care shall be taken to eliminate any large and/or sharp stones in the backfill which may ultimately damage the service. Under all public road pavements, services shall be installed through casings as approved by the district and applicable highway jurisdiction.

§ 336-8 Supplying of service; rates and charges.

The district will supply water to consumers within its boundaries in accordance with the schedule of rates and charges on file in the office of the Town Clerk, adopted and amended by resolution, from time to time, by the Town Board.

§ 336-9 Maintenance of service pipe.

The owner of the property into which water is supplied by a service pipe will be required to maintain, in perfect order at his own expense, said service pipe from the curb stop to his building. Failure to make necessary repairs after due notice in writing, by the district, will result in the water being turned off until such time as satisfactory repairs are made. Maintenance of the service pipe from the main to the curb cock will be performed by the district.

§ 336-10 Backflow preventors.

Where required by the New York State Department of Health Sanitary Code, Part 5, or local law, a backflow preventor of a suitable type that is currently approved by the Health Department must be installed.

§ 336-11 Cross-connection control.

In the interest of public health, the Milo Water District No. 1 will not permit its mains or services to be connected with any service pipe or piping which is connected with any source of water supply not approved by the Department of Health of the State of New York. In conformance with Part 5 of the New York State Sanitary Code, the district has implemented a cross-connection control program and shall not permit its mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemical or other mater which might flow back into the district's service or mains and consequently endanger the water supply without the installation of a proper backflow prevention device as approved by the New York State Department of Health at a location and installation approved by the district and the State of New York Department of Health. All present and/or future customers who present the potential danger of being in violation of the New York State Sanitary Code shall install a backflow prevention device at their expense, in accordance with the New York State Department of Health Public Water Supply Guide, Cross-connection Control, dated January 1981, or the latest revision. A copy of the New York State Department of Health Public Water Supply Guide, Cross-connection Control, is available for review at the district offices at Town Hall. After fulfilling the aforementioned requirement, the device is to be tested annually by a certified tester, in compliance with the Public Water Supply Guide, Cross-connection Control, at the customer's sole expense, and the customer shall provide the district with a certification of said test.

§ 336-12 Operation of water facilities.

No curb stop, valve, or hydrant shall be operated by any person except a duly authorized agent of the district, or in the ease of a hydrant by a properly trained fireman.

§ 336-13 Meters.

A. 
All services, except those used exclusively for fire protection, shall be metered. In new districts or extensions funded by the Town, the district will furnish a meter for each residence or commercial establishment in existence at the time of water main construction, provided the connection to the system is made within one year after completion of the watermain construction.
B. 
Property owners are responsible for meter installation and cost thereof to the standards set by the district. There shall be a shutoff valve on either side of the meter. There shall be a double check valve on the customer's side of the meter, between the meter and the shutoff valve. Pressure-reducing valves are required where normal line pressure exceeds 75 psi. Pressure-reducing valves shall be installed between the shutoff valves, on the Town side of the meter.
C. 
Meters shall be installed in accessible locations within the building or basement. Outside readers shall be installed on the outside of the building or elsewhere in a location and manner approved by the district. A meter pit shall be required when there is no accessible location within the building acceptable to the district for meter installation. All meter pits shall be constructed and maintained, at the property owner's expense, to district standards.
D. 
The customer shall pay all repair costs of meters broken by vandalism or freezing. All repairs and testing must be done by the district.
E. 
The district may institute periodic tests on all water meters so as to maintain the meters in proper working condition.
F. 
All water meters what set shall be sealed to prevent tampering. No person, except a duly authorized agent of the district, shall break such seal or tamper with said meter.

§ 336-14 Inspections.

A. 
A duly authorized agent of the district, upon proper identification, shall have the right to enter upon any premises where Town water is being supplied for the purpose of inspecting, installing, removing or reading a meter, plumbing and fixtures of the water service and all work in connection with the service.
B. 
Approval by the Town or its agent shall in no way relieve the contractor or owner of any responsibilities for workmanship, materials or any other liabilities. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the water connection.

§ 336-15 Liability for damage from shutting off water.

In the event of an emergency, including but not limited to breaks in the main, the district shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where notification is not given; however the district will give notification as soon as possible.

§ 336-16 Fire services.

Where fire services are allowed, the attire cost of materials, installation and maintenance of the service from the main to the building or within the limits of the premises shall be borne by the consumer. Failure to make proper repairs to the system after due notice will result in the water being turned off. What the consumer or a representative of the consumer desires to test the flows or make repairs to the fire service system, except in emergencies, he must give the district 48 hours' notice before commencing such testing or repairs. Fire services may be required to use backflow prevention devices and slow closing valves to protect the public system.

§ 336-17 Water main extensions.

A developer or contractor that desires to extend a water main into a subdivision or on a street must notify the district at least six months prior to construction. All water mains to be constructed shall consist of six-inch pipe or larger. All cost of installation shall be incurred by the developer or contractor. The developer or contractor must submit engineering plans for approval to the New York State Department of Health and the district. The engineering and approved plans must encompass the total project.

§ 336-18 Abandonment of service.

When a building is torn down and the water service to the property or properties is no longer required, the owner of said property is required to excavate at the water main, at the owner's expanse, so that the abandoned waterline can be disconnected from the water main. The duly authorized agent of the district will do the actual disconnection. The owner is responsible for refilling the excavation.

§ 336-19 Charges in event of meter failure.

If a meter fails to record the amount of water used due to a stopped meter, the consumer will be charged either at the average daily consumption from the date the meter was last installed or the corresponding period of the previous year.

§ 336-20 Responsibility for water use and charges.

The owner of any premises which is supplied with water shall be liable for costs for the water used and other charges and expenses in connection with such water service.

§ 336-21 Nonpayment of water bills.

Individual residential and commercial customers will be billed quarterly the first of the month. The district reserves the right to bill larger commercial or multiple residential customers on a monthly basis. All delinquent bills and penalties unpaid on October 15 of each year shall be added to the state, Town and county tax bill of the property on which the charge was incurred. If a customer becomes more than two quarters delinquent, the district has the right to shut off the water until the back payments are made. If the water is turned off for nonpayment, there will be a charge to turn the water back on.

§ 336-22 Buildings with multiple meters.

The district requires that all water pass through a master meter which will be billed to the property owner. Submetering of individual tenants shall be at the expenses of the property owner. The district has no involvement in the landlords recovery of water fees, rants, etc., from tenants.

§ 336-23 Penalties for offenses.

A violation of this article shall constitute a "violation" as defined in the Penal Law of the State of New York and shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. In addition to other remedies provided for in this article, the Town Board may institute any appropriate action or proceeding for compliance with this article, including injunctive relief.

§ 336-24 Enlargement of water service.

When the property owner or tenant requires more water than the existing water service can deliver, it is the responsibility of the property owner to pay the cost of the enlargement of said service from the water main to the building. The enlargement of the service will be considered the same as new water service.

§ 336-25 License required; revocation.

A. 
Each and every plumber, contractor, excavator or other person, firm or corporation other than the property owner himself will, at the option of the district, be required to have a license issued by the Town Clerk before they will be permitted to do any work in the Town, insofar as this article is concerned.
B. 
If, in the opinion of the district, the work performed by the contractor within the district violates the provisions of this article or any other ordinances of the Town within the Town or if, in the opinion of the Town, the contractor's work is substandard, then, in that event, the Town may revoke the license of the contractor to work in the Town.
[Adopted 10-18-1999; amended in its entirety 6-8-2009 by L.L. No. 4-2009 (Ch. 136, Art. II, of the 1997 Code)]

§ 336-26 Assignment of equivalent dwelling units.

A. 
Title. This article shall be known as the "Equivalent Dwelling Units (EDU) Schedule" for all water districts, and extensions thereof of the Town of Milo. This is adopted pursuant to § 10 of the Municipal Home Rule Law. It will be added to the Code of the Town of Milo.
B. 
Intent. Previous definitions were adopted by the Town of Milo in regard to the Equivalent Dwelling Units Schedule for all of its water districts. As different property uses have evolved, and different future property uses are projected, the Town has determined that its Equivalent Dwelling Units Schedule needs to be revised.
C. 
Schedule. The Schedule for Equivalent Dwelling Units (EDU) is hereinafter set forth. Equivalent dwelling units (hereinafter "units") are assessed on each individual property, regardless of common ownership. Units shall be assessed without regard to whether the property is occupied on a seasonal or full-year basis. An individual property shall initially be assessed based on the following, but the Town Board reserves the right to adjust this determination based upon a greater or lesser benefit received. Vacant or farm land in an agricultural district cannot be assessed for any water district improvements. Units shall be assigned to each property in the respective water districts for the purpose of raising annual funds to defray bonded indebtedness and any other capital expenses judged necessary by the Town Board in the following manner:
(1) 
Residential or domestic buildings shall be charged one unit for the first dwelling unit and 1/2 unit for each additional dwelling unit. A "dwelling unit" is described as a separate living facility complete with the usual facilities for such purpose. For example, a building with two apartments shall be assessed 1 1/2 units.
(2) 
Mobile homes in a mobile home park shall be assessed at the rate of 1/2 unit per approved mobile home site. A "mobile home" is described as a portable vehicle designed to be transported on its own wheels (whether on wheels, foundation or any stand), designed to be used as permanent detached single-family housing, having living quarters, sleeping accommodations, toilet, shower or tub and kitchen facilities.
(3) 
Developable residential lots shall be charged 1/2 unit per lot. "Developable lots" are defined as any undeveloped lot, vacant parcel or any portion thereof upon which a dwelling or commercial building may be constructed. The designation of developable lots shall be made by the Code Enforcement Officer in accordance with Chapter 350, Zoning, of the Code of the Town of Milo. Lots larger than five acres shall be assessed at 1/2 unit for the first five acres plus 1/2 unit per acre for each acre over five, rounded down to the nearest 1/2 unit.
(4) 
Commercial or industrial lands shall be assigned units on the following basis:
(a) 
Developable lots shall be charged 1/2 unit per lot (minimum).
(b) 
Lots larger than one acre shall be assessed at 1/2 unit per acre, rounded down to the nearest 1/2 unit.
(5) 
Commercial or industrial buildings shall be assessed on the basis of one unit (minimum) for the first 4,000 square feet and 1/2 unit for each additional 2,000 square feet thereafter (rounded down to the nearest 1/2 unit.)
(6) 
Commercial or industrial property shall be assessed on either the acreage or building square footage basis, whichever is greater.
(7) 
Camp Cory shall be assessed a minimum of 13 units. The minimum assessment is based on 160 campers plus 25 staff. Units shall be assessed at 14 persons (campers and staff)/unit (rounded down to the nearest full unit).
(8) 
Lakeside Country Club shall be assessed a minimum of 13 units. The minimum assessment is based on 160 seats at 12 seats/unit (rounded down to the nearest full unit). Capacity of the club dining facilities and bar area shall be as determined by the Code Enforcement Officer. Unit charges shall be assessed whether or not a building is connected to the water system.
(9) 
Restaurants and bars: one unit per 12 seats, rounded down to the nearest full unit (one unit minimum). The seating capacity shall be as determined by the Code Enforcement Officer.
(10) 
Motel rooms, rental rooms, bed-and-breakfast rooms: 1/4 unit per room.
(11) 
Church: 1/4 unit for each church building with a water connection.
(12) 
Church parsonages: one unit.
(13) 
Campgrounds (recreational vehicle and travel-trailer sites): 1/3 unit for each approved site.
(14) 
Store with snack bar: one unit plus one unit per 12 seats, rounded down to the nearest full unit (one additional unit minimum).
(15) 
Retail store: one unit.
(16) 
Gas station - automotive service facility: two units.
(17) 
Professional office: one unit.
(18) 
Boat repair/marina: one unit for the first 50 slips; one unit for each additional 50 slips or part thereof.
(19) 
Commercial farms: premises occupied or designed to be used as a commercial farm (dairy or cash-crop): one unit.
(20) 
Beauty parlors/barber shops: premises occupied or claimed to be occupied as a beauty parlor and/or barber shop shall be charged one unit.
(21) 
Repair facilities: premises occupied or designed to be occupied as a motor-vehicle or boat/marina repair services or repainting facility or garage shall be charged one unit for the first 10 employees, plus 1/2 unit for each additional five employees or fraction thereof.
(22) 
Educational facilities/day care: premises occupied or to be occupied as an educational facility or day care shall be charged one unit per 20 full-time student/facility/support personnel and full-time equivalent population.
(23) 
Banks and drive-in banks: premises occupied or designed to be utilized as a bank or drive-in bank shall be charged two units.
(24) 
Municipal buildings/fire halls: two units for each building with a water connection.
(25) 
Lodge and fraternal organizations: one unit.
(26) 
Post office: one unit for each eight employees.
(27) 
Home occupation: 1/2 unit, which shall be in addition to the unit(s) assessed for residential purposes.
(28) 
Mennonite schoolhouse: 1/2 unit.
(29) 
Any parcel of real property which does not fall in any of the above classifications shall be charged at a rate determined by the Town Board. In the event that any parcel of real property falls within more than one of the above classifications, the combining of household units for each classification shall take place.