[HISTORY: Adopted by the Town Board of the Town of Lake George: Art.
I, 9-12-1988. Amendments noted where applicable.]
[Adopted 9-12-1988]
[1]
Editor's Note: See also 10 NYCRR 152.7 for state regulations which
apply to Smith Brook and all tributaries above the intake of the supply which
serve as sources of the public water supply of the Diamond Point Water District
and all watercourses discharging into the public water supply.
There shall be appointed for the Diamond Point Water District ("District"),
for such term and on such basis as the Town Board ("Board") shall determine,
water maintenance employees, who on behalf of the Board shall have general
supervision of the water system in the District. The Town Clerk shall render
bills for water furnished or other services given, collect all accounts due
and owed to the District and give any information that may be required by
the Board in properly conducting the affairs of the District. The Town Clerk
shall turn over all monies received by him/her to the Supervisor within 30
days after the expiration of the due date of charges. The Town Clerk shall
also make reports at such times as may be required by the Town Board or by
the provisions of the Town Law.
Claims and other charges against the District shall be audited and paid
in the same manner as other town charges.
No person or corporation shall use water supplied by the District for
any purpose whatsoever without having first obtained a permit upon written
application therefor, after first having paid the charges pertaining to the
introduction of water to the premises. All applications for introduction of
water to any premises for use of water shall be made upon a form furnished
by the District for such purpose and shall be signed by the owner or his or
her duly authorized agent. Such application shall contain a statement of all
uses for which water is desired, and a use of water for any other purpose
other than the use stated in the application shall be sufficient cause to
justify discontinuance of water service. Applications for additional uses
may be made at any time, and permits may be issued for the additional use(s).
Each applicant, whether or not previously supplied water by the District,
must install as hereinafter provided, at his/her own proper cost and expense,
a curb cock and box. However, persons or corporations now connected to the
system need not install such curb cock and box except in the event of discontinuance
and reinstatement of service as aforesaid.
A.Â
Any person or corporation may make the application to the Board for the purposes set forth in § 169-3.
B.Â
Except in the case of work done wholly within the owner's
property, such application shall be accompanied by a bond in the sum of $250,
with sureties acceptable to the Board, securing that the applicant will comply
with these regulations, will pay to the District all fees, penalties or other
charges required in consequence of the work undertaken and will restore the
openings made in the streets, roads and other public places and pavement to
the same standard of condition as before the work started and keep and maintain
the same in such condition for a period of one year after the work has been
completed. In the event that the applicant fails to restore the roads, streets
and other public places to the same condition as before the work started and
keep them in such condition for one year after the work has been completed,
the applicant shall pay the proper authority the cost of putting the same
in such condition.
C.Â
The Board may, at its discretion, grant or deny such
application. Such permission, so given, may be revoked at any time by the
Town Board.
No person shall tap into any main or distribution pipe or make or interfere
with any connection with the water system unless under the direction of and
in the presence of a water maintenance employee, unless such person is an
employee of the District working under specific permission; nor shall any
person make any alterations or additions in and about water pipes owned by
the District unless a permit shall be given by the District upon written application.
No street or public place shall be opened by any person for the purpose
of making a connection with the mains or the laying of water pipes or fixtures,
unless permission shall have been given by the authority having jurisdiction
of the street or public place.
Service pipes shall be laid at least five feet below the ground surface,
curb stop at main to the curb stop on the owner's property.
Service pipes and appurtenances thereto from the District main to the
site of use shall be kept in good repair and protected from frost by the consumer
at his/her own expense.
In the event that a house or other building is to be closed or become
vacant, notice thereof shall be given to the District by the owner or occupant
thereof. Where such notice is not given and pipes burst from freezing or other
cause, expenses to the District shall be added to the next bill to the owner
or occupant and paid in like manner as regular water charges.
Where water has been turned off by the direction of the District it
shall not be turned on again without permission of the District.
[Amended 12-27-1994]
A.Â
The following charges for water service are hereby established
for the Diamond Point Water District:
|
Type
|
Number of Points
| |
|---|---|---|
|
Residence, year paid
|
150
| |
|
Residence, seasonal
|
100
| |
|
Bleeder
|
100
| |
|
Motel unit, seasonal
|
25 per unit
| |
|
Housekeeping
|
35 per unit
| |
|
Gift shop
|
50 per unit
| |
|
Dive shop, seasonal
|
25 per unit
| |
|
Work shop
|
50 per unit
| |
|
Studio
|
50 per unit
| |
|
Post office
|
50 per unit
| |
|
Store and delicatessen
|
200 per unit
| |
|
Restaurant, seasonal
|
200 per unit
| |
|
Restaurant, year round
|
300 per unit
| |
|
Church and parsonage
|
225 per unit
| |
|
Library
|
25 per unit
| |
|
Apartments
|
150 per unit
| |
|
Pools
|
75 per unit
| |
|
Recreational facility with kitchen
|
35 per unit
| |
|
Lavatory
| ||
|
Marina
|
100, plus 1 per foot of registered docks
|
B.Â
Charges for water service to any real property connected
to the District's water system at the ends of the mains but not lying within
the District shall be computed individually by the Town Board.
C.Â
The foregoing schedules of rates are subject to change
from time to time, upon reasonable notice, by the Town Board.
[Amended 12-27-1994]
Bills for water service shall become due and payable to the Town Clerk
quarterly, with collection periods of 45 days beginning on the first day of
January, April, July and October and extending to the 15th day of the following
month. A 5% penalty shall be imposed if bill remains unpaid after the collection
period and shall be cumulative. If such bill and penalty remains unpaid at
the beginning of the next collection period, water service may be discontinued
until such bill and penalty of $150, to cover the expense of discontinuance
and restoration of service, is paid.
A.Â
Water rents and charges and penalties thereon shall be
a lien upon the real property upon which the water is used. Such unpaid charges
shall be submitted to the Board for the purpose of levying the same as a tax
against the property affected.
B.Â
When there are changes made in the use of property, and
prior to the quarterly billing, a notice in writing should be sent to the
Town Clerk's office at least 10 days before the quarterly billing date, or
the consumer will be liable for the charges if found. The fine has been established
at $100.
To discontinue water service, a notice in writing must be delivered
to the Town Clerk's Office at least 10 days before quarterly billing shall
be required; otherwise the consumer shall be liable for the minimum charge
for the next quarterly period.
When water is required for use in connection with building construction
or any other use, application shall be made to the District therefor. Where
the owner of the premises is not the applicant, deposit of such sum as the
Board shall deem sufficient to pay for water to be used and attendant thereon
shall be paid in advance to the District. Where, after installation and commencement
of use of water, in the opinion of the Board, more water is used or will be
used than is covered by the deposit, the Board may require a further deposit
in default of which the service may be discontinued when the amount of water
charges and other District charges equals the amount of the deposit. After
completion of the work, upon claim duly made thereof to the Board, any surplus
of the deposit over and above the amount of water charges and other expenses
attendant thereof shall be refunded to the applicant.
Except with the permission of the District, water for construction purposes
shall not be taken from any service connection used for any other purpose,
whether or not on the same premises, or from any main.
Whenever any of the provisions of these rules, regulations and ordinances
are violated, the water may be shut off by the Board.
A water maintenance employee or his authorized agents shall have full
power to enter upon the premises of any consumer at all reasonable hours and
upon reasonable notice to examine fixtures, plumbing and manner of using water.
A.Â
The corporation cock, curb cock and box and service pipe
from the street main to a point outside the right-of-way shall be located
as designated by the District. Individual shutoffs, if any, shall be clearly
marked and located.
B.Â
Before the connection is made to the water system, the
applicant for such service connection shall pay the District the full sum
of the service connection charge, which is hereby established in the amount
of $150 (Â 3/4 inch up to 1 inch). These charges include corp cock, curb
stop and curb box. The applicant is liable for copper pipe and all digging
and covering.
In all places where steam boilers, hot water tanks and other equipment
are supplied with water for the water system, the owner or consumer shall
place a suitable safety valve, vacuum valve, or other proper device to prevent
damages from collapse or explosion when water is shut off. The District shall
not be liable for any damage resulting from the sudden shutoff of the supply
of water from any steam, gas or electric boiler or any other type of hot water
tank or other fixture deriving its supply from the water system.
The District and/or the Water Superintendent reserves the right to limit
or restrict the amount of water furnished to any customer should circumstances
warrant such action, even if no limit is stated in the application or permit
for use. The District Water Superintendent may entirely shut off the supply
of water used for any manufacturing purposes, or for furnishing power, or
for lawn sprinkling, at any time, by giving reasonable notice of such action.
In case of making or constructing new works to the water system or in making
repairs to the water system, or in any emergency, the District/Water Superintendent
reserves the right to shut off the water from any consumer without notice
for as long as is reasonably necessary. The District and/or Water Superintendent
also reserves the right to impose a water ban at any time to ensure the water
supply in such a manner as deemed necessary by the Water Superintendent and
the Town Board. The ban will be posted in the Post Office and in an ad put
in the Post Star and becomes effective immediately upon posting.
The District shall not be liable for any damage or loss of any kind
of property or for injury to any persons which may arise or be caused by any
change, diminution in or increase of the water pressure from any cause, including
broken pipes and leaks. The customer is also responsible for maintenance on
pipes from the customer's home to the main. The turnoff and turnon of the
curb stop and corp stop is the customers responsibility.
Each violation of any of the provisions of this article shall constitute
an offense and shall be punishable by a fine not exceeding $100 or by imprisonment
not exceeding 30 days, or by both such fine and imprisonment. Every day or
part of a day that a violation of this article continues shall be considered
a separate violation.
The Town Board reserves the right to change and amend these rules, regulations
and ordinances, to make special rates, to vary contracts in all proper cases
and to make extensions, repairs or other necessity, without liability for
damages for lack of water or for any damage which way result from the turning
off of the water supply.
