Loading...
LL #02-1967IN TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO. 2, YEAR 1967 -------------------------------------- A Local Law regulating the establishment, construction, installation, extension, enlargement, acquisition, operation and use of water supply and distribution systems in the Town of Wappinger. Be it enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. This local law is enacted for the purpose of establishing appropriate safeguards to insure the fact that water supply and distribution systems (other than such facilities provided by public authorities hereafter established, constructed, installed, extended, enlarged and acquired within the territorial limits of the Town of Wappinger (outside the Village of Wappingers Falls) shall be established, constructed, installed, extended, enlarged, acquired, operated and maintained in such a manner as to secure for the residents and inhabitants thereof who shall be served by such systems a reliable, continuous and adequate supply of pure, potable and wholesome water at reasonable rates. In addition, it is intended hereby to afford such residents and inhabitants an adequate supply of water for fire protection purposes, whenever and wherever feasible. It is the intention of the town board by this local law to protect, promote and improve the health, welfare, well-being and safety of the residents and inhabitants of the Town of Wappinger. Section 2. The following definitions shall apply in the interpretation and enforcement of this local law: a. Water supply shall mean and include any well, lake, water course, pond, stream, reservoir and/or spring which shall serve as and be used as a source of water for consumption by humans. b. Distribution system shall mean and include all pipes, equipment, mains, laterals, storage tanks, pumping facilities, chlorinators, purifiers, pressure tanks, and chambers, and the connections and appurtenances thereto, which are and/or may be used to collect, store, convey and provide water for domestic use to persons who shall reside in and/or from time to time be present in the Town of Wappinger, C. Buildings shall mean and include structures, dewllings, houses, apartment houses, house trailers, mobile homes, schools, stores, factories, offices, hotels, motels, hospitals, churches, institutions, inns, restaurants, which are and/or which may be from time to time inhabited and/or occupied by humans. d. Dwelling shall mean and include any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. e. Dwelling unit shall mean and include any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants. f. Engineer shall mean and include the Town Engineer of the Town of Wappinger and/or any and all persons and entities providing engineering services to the municipality. g. Superintendent of Highways shall mean the Town Superinten- dent of Highways of the Town of Wappinger or his authorized represen- tative. h. Street shall mean and include any public way, highway, right of way, road or thoroughfare used or intended to be used for travel and passage by the residents and inhabitants of the Town of Wappinger and others, whether the area of the same shall have been acquired by purchase, didication, gift, devise, prescription, usage or by eminent domain. i. Person shall mean and include an individual, partnership, joint venture, company, society, association, joint stock company, corporation, trust, estate, receiver, trustee, assignee, mortgagee, creditor, lienor, referee, entity, or any -combination of the fore- going, or any party acting in a representative or fiduciary capacity whether appointed by a court or otherwise. j. Operator shall mean and -include any person who has charge, care or control of a water supply and distrubution system. k. Owner shall mean and include any person, who, alone or jointly severally with others, shall have legal or equitable title to a water supply and distribution system, with or without accompany- ing actual possession thereof. 1. Franchise shall mean and include an exclusive right, permit, consent or license to supply water in the Town of Wappinger or any part or portion of the area thereof. M. A water-wroks corporation shall mean and include a cor- poration organized to supply water by mains or pipes to any of the cities, towns, villages or counties in the State of New York, and the inhabitants thereof. n. "Town" shall mean the Town of Wappinger, Dutchess County, New York. o. "Town Board" shall mean the local governing and legislative body of the Town of Wappinger. p. Public authority shall mean and include the United States of America, the State of New York and any municipal and/or govern- mental subdivisions thereof, oncluding any public improvement districts thereof. q. The word "shall" as used in the text of this local law is to be construed in the mandatory sense, and the word "may" in the permissive sense. Section 3. Except as hereinafter provided, it shall be here- after unlawful for any person, owner or operator (other than a public Authority) to establish, construct, install, extend, enlarge, acquire, operate and maintain any water supply and distribution system within the territorial limits of the Town of Wappinger (out- side the Village of Wappingers Falls) without the prior written con- sent of a majority of the members of the town board. The prohibition herein shall preclude any person, owner or operator from establish- ing, extending, enlarging and acquiring any water supply and dis- tribution system by means of a merger, consolidation, joint venture or any other method of combining existing operations, facilities, ownerships and entities, without first obtaining the written consent required by this local law. Section 4. An application for consent to establish, construct, install, extend, enlarge, and acquire a water supply and distribution system in the town shall be made in writing to the town board. Such application shall be filed in triplicate with the Town Clerk and shall be accompanied by detailed plans and specifications for the proposed project as well as a map designating the area to be served and show- ing the topography thereof and the location of streets and roads therein. Section 5. The Town Clerk shall retain one copy of the application and supporting data in her office. _One copy thereof shall be forwarded by the Town Clerk to the town board for consid- eration and eventual action. The Town Clerk shall forward the third copy to the engineer for examination and investigation within give days after receipt thereof. Section 6. Applicants shall furnish such additional and supplemental inform ion as may be requested by the engineer to enable him to determine the merits of the application. Section 7. Upon receipt of the application and supporting data and such supplemental material as may be requested, the engineer shall examine and investigate the proposal, giving partic- ular attention to conditions in the field. The engineer shall ascertain that the design of the proposed supply and system meets such minimum standards and requirements for water supply and distribution systems as shall be promulgated from time to time by the New York State Department of Health, the New York State Department of Conservation, the New York State Water Resources Commission, the Durtchess County Health Department, the County of Dutchess and its agencies and boards, -and other related higher governmental units and agencies. All state statutes, rules, regulations and codes shall be complied with. The engineer shall consult with the town and county superin- tendents of highways with regard to aspects of proposals which involve the use of streets and roads which may be under the juris- diction of either of such officials. The requirements and recom- mendations of either of such officials shall be incorporated in the engineer's report to the town board on any application. Section 8. The engineer shall conduct his investigation of any application and shall report the results thereof to the town board within forty-five (45) days from the date that such applic- ation is referred to him. His report shall be made in writing and shall include a recommendation to the town board that the application be either granted or denied by that body. The basis for such recommendation shall be detailed in the report. In rendering a report, the engineer may recommend additional requirements, standards and design criteria, including recommend- ations and requirements of the New York Board of Fire Underwriters Rating Organization relating to size and pressure capacity of pipes and appurtenant equipment, which may be in the public interest and which shall be observed and complied with by the applicant in the event that consent is obtained from the town board, provided that such recommendations are made a condition of such consent. Section 9. Within thirty (30) days from the date that it receives the engineer's report, or, if such engineer's report is not received within the time prescribed in section 8, then within eighty (80) days from the date that such application is filed with the Town Clerk, the town board shall hold a public hearing on each application upon at least five (5) days notice to be published once in the official newspaper of the town and, at the option of the town board, in any other newspaper in general circulation in the town. No public hearing shall be held unless a majority of the full membership of the town board is present and in attendance. If less than the required number of the town board members is present and in attendance, any of the members of the board who shall be present shall have the authority and the obligation to adjourn the hearing to a time, date and place convenient to the town board, providing that the thirty (30) day limitation of time prescribed in this section is not exceeded, without the written consent of the applicant. When,a public hearing is convened with the requisite number of town board members present, interested parties shall be heard in support of or in opposition to the application which is the subject thereof. The engineer's report and recommendations shall be made known, and the engineer and any other town officials and/or repres- entatives may be called upon by the town board for information and opinion relevant and material to the application under consideration. When the town board is satisfied that sufficient information has been offered to enable it to make a decision upon an application, the hearing shall be closed. Thereafter, and at its earliest conven- ience, the town board, at a formal town board meeting, shall either grant or deny the application by the vote of a majority of its full membership. A written decision stating the basis for the granting or denial of the application shall be made by a majority of the town board members and filed with the minutes of the meeting. Authority for final action upon applications made pursuant to this local law shall be vested in the town board, and the function of the engineer with respect to such applications shall be -advisory. Notwithstanding anything herein contained to the contrary, no application.shall be granted unless the town board shall find that the proposed project complies with the standards, requirements, codes, rules and regulations of the governmental agencies herein- before referred to, as well as to any standards, conditions, re- quirements, rules and regulations of the town. Any person aggrieved by any action of the town board concerning such an application may, in a proper case, seek relief under the provisions of article seventy-eight of the Civil Practice Law and Rules. Section 10. All successful applicants shall comply with the following conditions before proceeding with proposed projects covered by applications. a. Incorporate as a water -works corporation pursuant to applicable -provisions of the Transportation Corporations Law of the State of New York or any successor statute then obtaining. In this respect, the granting of an application under. this local law shall oblige town officials to give requisite consent to such incorporation, providing that all other conditions of this local law are met. b. Transfer ownership of any existing water supply and distribution systems and facilities situate in the town (outside of the Village of Wappingers Falls) to such corporation and operate the same thereunder. C. Post a performance bond to guarantee completion of con- struction of the project covered by the application, and post an additional bond for the payment of labor and materials furnished in the course of such construction. The amount and sufficiency of surety of such bonds shall be satisfactory to the town board, and form and manner of execution thereof shall meet with the approval of counsel to the town. d. Furnish to the town board a reasonable guaranty from the corporation that said corporation will continue to maintain and operate the system for a period of at least five years. As part of the guaranty, the stock of the corporation shall be placed in escrow with the Town Clerk and title thereto shall pass to the town in the event of failure to complete and pay for con- struction of the facility, or in the event of abandonment of the maintenance and/or operation of the water supply and distrubution system by the corporation. e. Execute a written agreement, approved as to form and manner of execution by counsel to the town, consenting to an arrangement whereby in the event of abandonment and discontinuance of the main- tenance and operation of the water supply and distribution system, the town shall have the right to continue the maintenance and operation thereof at rates the town board determines to be reason- able, with such rates to be charged to and collected by the town from the users, until such time as another corporation or agency may undertake to maintain and operate the facilities, or until such time as the water supply and distribution system is included in a public water district which shall maintain and operate the same. f. Enter into an agreement in writing, approved as to form and manner of execution by counsel to the town, granting to the town an option to purchase the water supply and distribution system and all components thereof constructed and/or acquired prior to the application by paying an amount not to exceed the cost thereof and the cost of all additions and improvements as certified in the manner hereinafter set forth, less depreciation on a schedule initially agreed upon but not to exceed thirty years, together with land including easements. A memorandum of such option agreement, omitting the monetary consideration agreed upon, approved as to form, content and manner of execution by counsel to the town shall be executed by the parties simultaneously with execution of the option agreement. Such memorandum shall be in suitable form for recording. Section 11. Before commencing construction, installation, extension or enlargement of any water supply and distribution system, a professional engineer, duly licensed to practice in the State of New York, nominated by the applicant and approved by the town board shall be retained by the applicant and the town board to undertake, perform and render, at the expense of the applicant, the following services to the town board and the applicant: a. Examine the plans and specifications for the project as well as all conditions and requirements imposed by thetown board and the engineer to the town and forward written acknow- ledgment of such examination to the town board. b. Make inspections of the project at reasonable intervals during construction and make written reports of the progress there- of to the town board. Make written report to town at completion of construction. Copies of such reports shall also be furnished to the applicant. C, At completion of construction, make written report to town board and the applicant on construction costs and land costs involved in the completed project. Section 12. No person shall acquire an exclusive franchise or license to supply water to the town or any part or section thereof as a result of obtaining the consent required by this lo- cal law, nor shall the obtaining of such consent preclude other persons, with the consent of the town board obtained pursuant to the provisions of this local law, or public authorities, from supplying water from other sources to the town or any part, section or water service area thereof, oncluding any part, section or area where service is permitted under a previously issued consent. Section 13. The engineer and other authorized representatives of the town shall be permitted to enter upon all water supply and distribution systems and facilities in the town at any time for the purpose of examining, inspecting, and observing the same and the operation and condition thereof, and also for the purpose of sampling and testing the water supplied therefrom. Section 14. The provisions of this local law shall not operate to prevent the use of individual wells to supply water for domestic use -to not more than two (2) one -family dwellings nor to any multiple dwelling containing not more than four (4) dwelling units. Further, persons shall have the right -to make written applica- tion to the town board to exempt any water supply and distribution system designed and intended to serve any residential or non-resid- ential structure or complex of structures occupied or used by humans from the operation of this local law. Upon a showing of proof adduced at a public hearing that the use of such system for such purpose will not violate the spirit and intent of this local law and upon a finding that such use will not be adverse to the public interest, the -town board may grant such application subject to such conditions as it may deem appropriate to impose. Section 15. Any person found to be violating any provisions of this local law may be prosecuted therefor, and upon conviction shall be guilty of an offense. Any person so convicted may be fined in an amount not exceeding One Hundred Dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate violation. Section 16. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered. Section 17. This local law shall take effect immediately.