Town of Martinsburg, NY
Lewis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Martinsburg 7-15-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 175.
Subdivision of land — See Ch. 195.
Zoning — See Ch. 240.
Attachment 1 - Rates
The Town Board of the Town of Martinsburg, pursuant to the authority granted it under Article 12-A of the Town Law and §§ 10 and 20 of the Municipal Home Rule Law, hereby enacts as follows.
The Town Board of the Town of Martinsburg sits as commissioners of several water districts in the Town of Martinsburg. It is desirable to have uniform rules and regulations to govern the users of the water systems within those districts. It is the purpose of this chapter to adopt such a system of regulations.
The Town Board as Commissioners of any water district may from time to time adopt rates by resolution after public hearing. The current rate structure for each district is annexed and confirmed by adoption of these regulations.[1]
[1]
Editor's Note: The schedule of rates is included at the end of this chapter.
A. 
A property owner must properly fill out an application form (water service connection application) and pay a fee of a minimum of $400 at the time of application.
[Amended 8-20-2008 by L.L. No. 4-2008]
B. 
The connection to be installed by the Town shall be from the water main to the curb stop.
C. 
As part of the application, the applicant must submit a scaled drawing showing the proposed point of connection to the water distribution system and the point of connection to the premises. If street or road excavation is required, the applicant must secure a road opening permit from the jurisdictional government (i.e., New York State highway; NYSDOT; county highway; County Superintendent of Highways; Town road, Town Highway Superintendent) and submit a copy of the road opening permit with the application. The proposed connection drawing must be approved by the Town Superintendent of Highways as part of the permit.
D. 
All connections to the water distribution lines must be performed by a person qualified to make a connection to a public water supply. The applicant shall submit the name of the qualified person retained to make the connection. All connections to the Town's waterlines are to be performed only under the physical observation of the Town Superintendent of Highways or his designee. Before any backfilling can take place, the Town Superintendent of Highways or his designee must inspect and approve the connection, pipe bedding and backfilling.
E. 
A curb stop is required for each connection and must be located off the highway right-of-way, if possible.
F. 
Where connection within the district requires the extension of a main, which main will service such new connection, it shall be at the sole expense of the person requiring such extension of main to pay for the extension. Where such main is extended across private property, an easement must be given to the district of sufficient width to allow the main to be maintained and repaired in the future. The extension of main and easement shall be in accordance with requirements of the Superintendent of Highways.
[Added 9-15-1993 by L.L. No. 1-1993]
G. 
In the Glenfield Water District Extension approved by the New York State Comptroller's Office in 1995, the district shall be responsible to provide connections from the main to the house of any residents connecting to the system on the following conditions:
[Added 10-9-1995 by L.L. No. 3-1995]
(1) 
That the individual requesting connection provide the Town with an easement in recordable form from the main to within three feet more or less of the house or premises being served.
(2) 
That requests for connection take place during construction so that it may be coordinated with other construction work being done in connection with the expansion of the district.
(3) 
That funding is available for such connection during the construction period from September 1995 through December 31, 1995.
(4) 
All connections so made shall be considered to be a part of the Glenfield Water District.
(5) 
Users seeking connection after December 31, 1995, under this provision shall be responsible to pay the connection fee set forth in Subsection A of this section.
[Added 9-15-1993 by L.L. No. 1-1993]
A. 
A district is not obligated to provide service to any outside users. Where service is provided to outside users, it shall be provided only if the outside user agrees to sign a contract to pay for such water with the Town in a form acceptable to the Town Board and Town Attorney.
B. 
When providing water to outside users, the Town shall be responsible for the delivery of water only to the boundary of the district or any rights-of-way owned by the district. It shall be the responsibility of the outside user to properly install and maintain all mains, laterals, and other appurtenant features to deliver water from the boundaries of the water district or district rights-of-way to the outside user's premises. The outside user shall be fully responsible for all maintenance of all facilities outside of the boundaries of the district or district right-of-way. In the event of a leak, the Town and district retain the ability to turn off water to the outside user, unless and until such leak is properly repaired.
C. 
Fees to be charged to outside users for the use of water shall be in amount at least equal to that charged to users within the district plus a reasonable profit to be agreed upon in writing pursuant to contract.
D. 
Outside users shall be subject to all the other terms and conditions of these rules and regulations as from time to time amended, including payment of bills and late payments and penalties.
E. 
In the event that there is insufficient water to provide service to resident within the district, the Town, as Commissioner of the district, retains the ability to terminate water service to outside users upon reasonable notice. In the event that the Town, as Commissioner of any water district, should institute conservation measures due to shortage of water supply, all outside users shall be equally subject to such conservation measures and penalties for noncompliance.
A. 
Water meters are the responsibility of the property owner. An approved water meter must be installed and sealed prior to water service being turned on.
B. 
Water meters shall be of a type and size as specified by the Superintendent of Highways.
C. 
Prior to turning on water service, the Superintendent shall have the water meter double-sealed. It is the property owner's responsibility to notify the Superintendent immediately if a seal is broken.
D. 
Meter leakage or damage. It is the property owner's responsibility to repair any leakage or damage to the water meter or connections. If the property owner is notified that there is leakage or damage, he must have it repaired within 30 days of notification. If not repaired within 30 days, a fee of $25 will be assessed against the property owner and the Superintendent has the option of terminating the water service, and restoration of water service shall be imposed each time termination and/or restoration of service is required.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Seal replacement. A fee of $25 shall be charged for the replacement of a seal.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Meter readings. Where applicable, meters will be read on or about the last day of April and October.
B. 
Water bills.
(1) 
Water bills will be mailed on or about the first day of:
(a) 
January and July, in Martinsburg District #1.
(b) 
May and November, in Martinsburg District #2.
(c) 
January and July, in Glenfield District #1.
(2) 
Large-water-volume consumers may be billed monthly or quarterly.
C. 
Payment of bills. All water bills are due and payable when prepared. All bills are payable without penalty up to and including the 30th day after the date of the bill. Payment must be received at the Town Clerk's office. Any payment received after the 30th day from the date of the bill is assessed a penalty of 10%. The date of a check or envelope postmark does not enter into the criteria of determination of penalty imposition. If the 30th of the billing month falls on a weekend or legal holiday (when Town Clerk's office is closed), payment without penalty shall be extended to the next business day. Failure to pay a water bill within 30 days of rendering the bill shall be cause for termination of water service.
D. 
Estimated bills. Where applicable, when the meter reader is unable to gain access to read a meter, he will leave a postcard for the property owner to record the meter reading and mail to the Town Clerk's office within the next seven calendar days for billing. If the card is not received within the next seven days, an estimated bill will be prepared based on the highest bill of the past 12 months.
E. 
Additional meter readings and billing. Any request for, or requirement for, additional readings separate from the regular scheduled readings will be performed with a charge of $25 imposed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Water service will be terminated for nonpayment of water bills or violation of these regulations. A service charge of $25 will be imposed for termination of service.
B. 
Property owners may request that service be shut off. The fee of $25 applies to each request.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
When service has been terminated per § 225-8A, service will not be restored until all bills and penalties and service charges are paid in full. This includes an additional fee of $25 for service restoration. In addition, a deposit equal to the highest bill of the past 12 months is required. This deposit will be refunded only after one year of satisfactory payment of water bills.
B. 
When service has been terminated per § 225-8B, the property owner may request that service be restored. A service charge of $25 for this service applies.
A. 
It is the responsibility of the current property owner to notify the Town Clerk's office to the impending date of transfer and request a meter reading for final billing.
B. 
The Town Clerk's office shall, upon notice of the impending transfer of property, make arrangements for reading the meter if applicable. Upon meter reading a final bill will be prepared and mailed to the owner. Final bills are due at the Town Clerk's office within five days. Upon receipt of payment, water records will be changed to reflect the new owner. Should the final reading be less than the minimum charge, the final bill will be prorated at $0.50 per day since the last reading. In nonmetered districts, a prorated water bill will be prepared.
C. 
This constitutes a special reading and the fee of $25 applies.
A. 
The Town has the responsibility of maintenance of all facilities in the highway right-of-way.
B. 
The property owner has the responsibility of maintenance within the boundaries of his property. The district may notify a property owner to make certain repairs on the owner's property if the failure to repair would affect the water system. The failure to timely make such repairs shall be grounds for termination of service. The Town district is hereby authorized to enter onto a property owner's property to make emergency repairs to safeguard the district's water system. Should the district do so, all such charges shall be billed back immediately to the property owner as a special assessment.
Hydrants are solely for the purpose of fire protection. Hydrants shall not be turned on except by authorized fire departments for the sole purpose of fighting fires or by Town maintenance personnel for maintenance, flushing, repair or testing.
In metered districts, all requests for water service to multidwelling units shall be brought to the Town Board for consideration. The Town Board shall determine whether a single meter per building or a separate meter for each dwelling unit will be required. In no event may the owner of a multidwelling unit buy water from the district and make a profit on the resale of water.
Should lower than normal pressure or other emergency-type situations occur in the water distribution system or a serious fire hazard exist, a restriction may be placed on water usage above basic health and sanitation requirements. If water restrictions are imposed, compliance is mandatory.
All payments for water usage and charges are payable at the Town Clerk's office only. Payments may be made in person or by mail.
A. 
The opening of a water hydrant by an unauthorized person or evidence that attempts have been made to bypass a meter or on any manner obtain water from the district without proper payment will result in prosecution under the penal laws of New York State.
B. 
A violation of these regulations could result in the termination of water service to the violator. All violations of these regulations shall be brought to the attention of the Town Board for disposition.
C. 
A person found to be in violation of these regulations shall be guilty of a violation and subject to a fine not to exceed $250 per offense. Each week of continued violation shall constitute a separate offense.
D. 
Where appropriate, the district may seek injunctionable relief in a court of competent jurisdiction for enforcement of any provision of these regulations.