Town of Cortlandt, NY Environmental Services, Department of

Editor's Note: Section 1 of L.L. No. 4-1997, adopted 5-13-1997, provided as follows:

"The Town Board of the Town of Cortlandt has deemed it to be in the best interests of the Town to consolidate various functions of the Town into one Department. As of January 1, 1998, the services of the Town Highway Department will also be under the Department of Environmental Services."

"Because of this additional consolidation, it is necessary for the Town Board to amend the local law establishing the Department of Environmental Services to allow for a different management structure."

Local Law No. 4-1997 repealed §§ 33-4 and 33-6 and amended § 33-7.

[2]

Editor's Note: Section 1 of L.L. No. 4-1999, adopted 6-15-1999, provided as follows:

"The Town Board has previously determined that it is in the public interest to have all permits required under the ordinances of the Town of Cortlandt be issued from one department. With this in mind, it is the intention of the Town Board to transfer the duty of issuing highway permits from the Department of Environmental Services to the Department of Technical Services." See § 33-3.

§ 33-2 Department established.

The Town Board exercising its authority under the Suburban Town Law Provisions of New York State Town Law hereby establishes the Department of Environmental Services.

§ 33-3 Departmental responsibilities. [1] [2]

[Amended 10-16-2001 by L.L. No. 10-2001; 9-24-2002 by L.L. No. 7-2002[3]; 2-9-2010 by L.L. No. 4-2010; 8-17-2010 by L.L. No. 13-2010]

The following are the duties and responsibilities of the Department of Environmental Services:

Parks, maintenance. Provide all services necessary to properly maintain the park facilities and recreational and conservation areas of the Town.

Sanitation. Shall be responsible for the removal and disposal of garbage, refuse and rubbish within the Town.

Recycling/composting. Shall be responsible for the implementation and administration of all programs established to force and promote recycling and to comply with state law.

Water. Be responsible for providing all administrative and operating needs of the Cortlandt Consolidated Water District.

Employee safety and environmental audits and compliance.

Volunteer part-time coordination. Shall be responsible for the supervision of volunteers and cooperative work programs with other agencies (i.e., Keon).

Centralized motor equipment and mechanic pool. Shall be responsible for the establishment of fleet management and maintenance of vehicles and heavy equipment including the coordination of sharing equipment with other jurisdictions in or in surrounding areas of the Town.

Building grounds and central garage. Shall be responsible for the care, maintenance and management of all municipal buildings, grounds and garages, including, but not limited to, day-to-day operations, future planning and coordination of personnel and budget.

Highway. The Department will fully exercise all of the rights, duties and responsibilities previously performed by the Highway Department of the Town and shall be fully responsible for the maintenance of all the road systems, drainage systems and other appurtenances of all the public highways within the Town.

Safety. The Department shall be responsible for safety programs, both for employees and the public at large as the need arises.

Security. The Department shall be responsible for the coordination of all security issues with respect to emergency preparedness, both generally and specifically with respect to the Indian Point Nuclear Power Facility.

Shall be responsible for the installation and repair of all traffic signals and traffic control devices in the Town.

The Department shall be responsible for such other duties as may from time to time be assigned by the Town Board.

The Department will assist with sustainability, green issues and initiatives.

Editor's Note: Editor's Note: Section 2 of L.L. No. 4-1999, adopted 6-15-1999, provided as follows:

[2]

"From the effective date of this ordinance, the authority and responsibility for the issuing of driveway permits shall hereafter be vested in the Department of Technical Services. The Director of the Department of Technical Services shall generate the requisite application form and shall coordinate the review of said applications with the Department of Environmental Services."

[3]

Editor's Note: This local law provided that it take effect 1-1-2003.

§ 33-4 (Reserved) [1]

Editor's Note: Former § 33-4, Director appointed; term, was repealed 5-13-1997 by L.L. No. 4-1997.

§ 33-5 Director and deputies.

[Amended 9-24-2002 by L.L. No. 7-2002[1]; 8-17-2010 by L.L. No. 13-2010]

The Town Board shall appoint the Director of the Department of Environmental Services. Said Director shall serve pursuant to the provisions of the Civil Service Law of the State of New York for a term as determined by the Town Board in a contract entered into between the Town Board and the Director as the Town Board deems fit.

Deputy. There shall be such number of deputies and Assistant Directors as the Town Board from time to time shall determine and find.

Qualifications of Director. The qualifications of the Director shall be established from time to time by the Town Board of the Town of Cortlandt by resolution. The Director must possess a good knowledge of planning and equipping facilities, the ability to schedule and coordinate personnel for maximum efficiency, the ability to plan and project for the future needs of the Department and the ability to delegate authority for professional, nonprofessional and clerical functions.

Editor's Note: This local law provided that it take effect 1-1-2003.

§ 33-6 (Reserved) [1]

Editor's Note: Former § 33-6, Deputy Directors, was repealed 5-13-1997 by L.L. No. 4-1997.

§ 33-7 Personnel.

[Amended 5-13-1997 by L.L. No. 4-1997; 2-9-2010 by L.L. No. 4-2010; 8-17-2010 by L.L. No. 13-2010]

Foreman and assistant foreman. There shall be as many foremen within the Department of Environmental Services as, from time to time, shall be determined by the Town Board as may be necessary. The Town Board shall designate the responsibilities of the foremen. The foremen shall be primarily responsible for the implementation and supervision of the duties of the Department and shall perform such other duties which may be assigned to them by the Director and Deputy.

Manager (Water). The transferred Water Manager, foreman and water employees will report directly to the Director and Deputy Director of the Department of Environmental Services. The Manager will assist the Director herein with respect to the day-to-day operation and reporting and monitoring as of the Water District as required by the Department of Health.

Employees. The merging of the various departments and duties into one Department has resulted in employees with various titles within one unit. The Department Director herein must observe all civil service titles and their prescribed duties. The Department Head shall recommend to the Town Board any new titles that should be added or existing titles that should be deleted in the future.

§ 33-7.1 Centralization.

[Added 8-17-2010 by L.L. No. 13-2010]

It is the intent of the Town Board that the operating sites of this Department be combined and centralized as the physical facilities permit. All administration will be at the Roa Hook Road site. The Verplanck Highway Garage and Arlo Lane sites shall be utilized as appropriate.

§ 33-7.2 Cross-training.

[Added 8-17-2010 by L.L. No. 13-2010]

The Director and Deputy of the Department shall implement programs so that all employees of the Department are cross-trained in various aspects of work performed by the Department. The purpose of cross-training is to allow the Director to have flexibility in the assignment of personnel as the needs of the Department dictate.

§ 33-8 Duties and rules.

(Reserved)[1]

Editor’s Note: The provisions of former Subsection A, Recreation and parks, as amended, were transferred from this chapter to Ch. 92, with the removal of the Recreation Division from the Department of Environmental Services and the establishment of a Department of Recreation and Conservation, 2-9-2010 by L.L. No. 4-2010. See now § 92-7C through F.

Sanitation. The Department shall have and be charged with the responsibility of fulfilling all of the duties and responsibilities set forth in Local Law No. 1 of 1991 as Chapter 257 of the Town Code of the Town of Cortlandt, and all of the duties of the Manager of Sanitation set forth herein shall be the responsibility of the Director of Environmental Services herein.

§ 33-8.1 Technical direction for water system. [1]

Realizing the technical complexities of the Town's water system and in order to coordinate its operation with the capital improvements that are being made, the Town Engineer is hereby given full authority to approve or disapprove any physical change, upgrade or repair to the water system and facilities as the Town Engineer finds appropriate.

Editor's Note: This section, previously located in Ch. 104 as § 104-6, was merged into this chapter 8-17-2010 by L.L. No. 13-2010.

§ 33-8.2 Water rules and regulations. [1]

Unauthorized connections and attachments. No person other than the regular employees of the Town of Cortlandt will be permitted to turn water on or off (with the exception of a licensed plumber by the Director of Environmental Services or his designee), to tap or to make any connections or attachments with any Town water mains or to make any repairs, additions or alterations to any pipe, tap, cock, meter or other fixture connected with any service line from the water main to the meter. Anyone found in violation may be subject to a fine not to exceed $300 for the first offense and an additional $100 for each additional offense.

[Amended 8-17-2010 by L.L. No. 13-2010]

Applications for service; excavations.

Application for service connections with any water main or pipe forming a part of the distribution system of the Town shall be made to the Central Operations Department on the form provided therefor. Such application shall be signed by the owner of the property to be served or by an agent holding legal authorization to sign for the owner. Payment for such connection must be made in advance, in accordance with the rates set by Town Board resolution.

The Town of Cortlandt will perform all work except blasting and/or rock removal, including excavation, tapping and furnishing and installing all copper tubing and fittings to complete the installation from the main to the curb box, at rates to be set by Town Board resolution.

The applicant shall make all excavations and installations of Type K copper tubing, buried four feet in depth, from the curb box to the meter at his own cost and expense. The trench should be left open in accordance with Subsection B(4) of this section, and no other utilities shall be placed in the same trench.

Upon completion of the installation of the service line, 24 hours' notice is mandatory for the inspection of the trench by a designated inspector of the Department of Environmental Services. No other utilities shall be placed in the same trench. After the same has been inspected by the Town Engineer or his designee, the applicant shall cause the trench to be properly backfilled.

[Amended 8-17-2010 by L.L. No. 13-2010]

If the owner should request the Department of Environmental Services to locate the service line on his property, the owner shall be required to sign a form releasing the Department of Environmental Services from any damages which may occur as a result of this request.

[Amended 8-17-2010 by L.L. No. 13-2010]

(6)

Developments shall not be considered under the jurisdiction of the Director of Environmental Services until the final subdivision has been completed and the roads have been dedicated by the Town. Until such time, these roads will be considered privately owned, and the owner shall be held responsible for any and all repair work, snow removal, etc.

[Amended 8-17-2010 by L.L. No. 13-2010]

(7)

Main line valves. It shall be required that every intersection hereinafter constructed in any new subdivision shall be equipped with a three-valve intersection. This shall also apply to any taps into any existing waterline of the Town. The Town Engineer shall have the full authority to vary this requirement as he shall deem necessary.

Use of the fire hydrants; penalties for offenses.

Except in case of fire, no person shall attempt to manipulate or control any fire hydrant or draw any water therefrom except the regular employees of the Town, unless said person or persons shall have obtained a permit from the Town.

In addition to any fine imposed for every fire hydrant opened without the proper authority, all water shall be paid for at the regular domestic rate for all water taken or permitted to run therefrom. The amount of water shall be computed from the time the water is allowed to run, taking the average pressure into consideration and presuming that the hydrant was fully opened.

Water meters; charges.

A Rockwell R meter and remote will be furnished and installed by the Town of Cortlandt and shall remain the property of the Town. The Building Department will do an inspection on all inside plumbing before a certificate of occupancy will be issued. In the event that a remote cannot be installed as determined by the Department of Environmental Services or its designated representative, the customer must make an appointment with the Department of Environmental Services twice yearly to gain access to the premises to obtain an actual water reading, whether the consumer submits a water reading in writing or not. Failure to comply will result in estimated higher than normal water bills or the installation of a water meter in a pit with the cost of such to the homeowner.

[Amended 8-17-2010 by L.L. No. 13-2010]

The annual maintenance cost for meters shall be payable annually at the time the first quarter's water bill is due and shall be made a part of said bill.

The employees of the Town may enter the premises of the consumer at any time between 8:00 a.m. and 6:00 p.m. to examine the meter and/or its connections and to read the same. Access to the property shall not be impeded by the owner's dog or dogs. All bushes, etc., shall be kept trimmed to allow free access to the remote on the outside of the house. No debris and/or parked vehicles shall hamper the reading of meter pits at any time.

Should the consumer feel that any meter is not registered properly, he shall file a complaint with the Town, whereupon the meter will be removed and tested. If it is found to register against the consumer by more than 2%, there will be no charge for removing, testing, repairing and resetting the same. If, however, the meter is not found to register against the consumer in an amount of more than 2%, a charge will be made in accordance with the rates set by a resolution of the Town Board.

Should any meter become out of order and not register properly, the Town may, at its option, fix the charge against the consumer according to the consumption during a previous corresponding period. If an error has been made and a credit results, moneys should be returned at a prorated amount to the customer if he will not use the credit within a reasonable billing period. No credit due on an account shall be given nor any moneys returned when the possibility of an out-of-order meter is present or when bills are not being paid.

(6)

It shall be the duty of the owner to protect any meter, pipe and fittings from harm. Should a meter become frozen or damaged, it shall be repaired by the Town, and the expenses thereof shall be paid by the owner.

(7)

As a rule, only one meter will be furnished for each dwelling or service. Any additional meters will be added by the homeowner, and the Town will not be responsible for misreads, meter damage or the billing of private meters.

(8)

No seal placed by the Town upon any meter, valve or fitting shall be tampered with or defaced. Whenever any seal is found broken, the meter shall be tested at the expense of the consumer and a fine will be imposed.

(9)

Where meters are installed at a point other than in a building, the owner will be required to pay the cost of all materials, labor and work to install a meter pit complete with a lid and cover of a standard pipe.

(10)

Meter rental charges will be made annually, and the Town Board shall set these charges by resolution.

(11)

In the event that a consumer installs a sprinkler system, the Department of Environmental Services must be notified and compliance with Part 5 of the New York State Sanitary Code for drinking water supplies, Section 5-1.31, must be adhered to.

[Amended 8-17-2010 by L.L. No. 13-2010]

Check and relief valves.

The owner will install a check valve, to be furnished by the owner at the expense of the owner, of a type satisfactory to the Town Engineer of the Town of Cortlandt on the outlet side of the meter. The owner shall furnish and install a pressure-reducing valve of an approved make and type on the inlet side of the meter.

In cases where heating systems or owner special installations so require, the owner shall furnish and install a pressure-relief valve.

The Town Engineer and the Code Enforcement Department shall have complete jurisdiction as to the enforcement of this rule.

Connections; leaks; service turnoff.

No connection of any kind shall be made to the service pipe between the main and the meter.

The Town shall be notified immediately of any leaks between the curb box and the meter. The homeowner shall repair any leak within 48 hours at his own cost and expense. The Department of Environmental Services may, at the request of the consumer, issue a one-time leak adjustment when a leak has occurred resulting in a high water bill. This adjustment shall be based on 25% of the overage charged.

[Amended 8-17-2010 by L.L. No. 13-2010]

In case any owner desires to abandon any service, the Town shall be notified, in writing, and the service will be disconnected at the main. This work shall be performed by the Department, for which service the owner shall be charged according to the current rate as set by Town Board resolution.

Should the owner desire to discontinue the use of water, the Town shall be notified, in writing, as to the time and place such disconnection is desired. The Town will shut off the service at the curb box and remove the meter. Should it be desired to resume the use of water, the Town shall be notified, in writing, as to the time and place at which such service is desired, and the Town will turn on the water at the curb box and reset the meter. A charge for these services will be in accordance with Town Board resolution.

In the event that a licensed plumber should turn the water either off or on at the homeowner's request, the plumber shall submit to the Department of Environmental Services a written statement of the homeowner's name, address, meter number and meter reading at the time of the turn-on or disconnect. Any plumber doing such work must have filed an agreement and been approved by the Department of Environmental Services.

[Amended 8-17-2010 by L.L. No. 13-2010]

Supply regulations; special equipment.

The Town shall have full right at all times, whenever in its opinion the public good requires it, to regulate, diminish or entirely cut off the supply of water from any and all parties taking water and to make all such regulations and rules for the use or for diminishing the use thereof as it shall think proper.

The Town shall not be responsible for breaks, obstructions or intermissions in service arising from any cause whatever. The Town shall not be responsible or liable for any damages which may result to consumers' pipes, appliances, etc., from the shutting off of water mains and/or service pipes for any purpose whatsoever, whether previous notice has been given or not.

In cases where boilers or other special equipment is supplied with water, a suitable valve or other device must be installed by the owner to prevent collapse or explosion in case the water is shut off in the mains. In the event that a claim is made, the Code Enforcement Department shall determine whether proper plumbing was installed to prevent any such occurrences.

In hair salons, marinas, mall restaurants, body shops, etc., where the Director of Environmental Services or Town Engineer feels that there is a potential for possible contamination to the water system, the owner of record shall be required to install a backflow prevention device or an appropriate alternate as approved by the Westchester County Board of Health in accordance with Part 5 of the New York State Sanitary Code for drinking water supplies, Section 5-1.31. All devices shall be approved by the Town Engineer and the Director of Environmental Services with a final engineer report and specifications approved by the county. Standardization shall be on WATTS Unit for convenience of repair. Anyone found in violation of the above shall be subject to the termination of his water service.

[Amended 8-17-2010 by L.L. No. 13-2010]

Billing procedures.

Water bills shall become due quarterly on dates fixed by the Town. Water rates shall be computed from the registration of the meters at the current rate as set by Town Board resolution. These readings shall be taken within a reasonable period of time before the first day of each period. In the event that the remote located on the outside of the house is not operating properly, an estimated water bill will be issued until the proper repairs are made. The consumer shall be responsible for water consumption as shown on the inside meter.

Bills can be obtained at the office of the receiver of taxes after the first five days of the period. Bills will be mailed to each property owner; however, the safe delivery of such bills is not guaranteed. If a consumer does not receive his bill on or before the 10th day of the period, he should call the office of the Receiver of Taxes for a duplicate.

All bills are due and payable at the office of the receiver of taxes on the dates fixed by Town Board resolution.

Penalty for nonpayment.

(a)

If any metered water account remains unpaid 30 days after the bill date, there shall be charged as a penalty for such management an additional sum or sums as follows:

Three percent at the expiration of 30 days.

[2]

Three percent additional at the expiration of 60 days.

[3]

Four percent additional at the expiration of 90 days.

(b)

No payment will be received which leaves a previous charge unpaid.

(c)

In the event that a tax-exempt (i.e., does not receive a tax bill under normal circumstances) water account remains unpaid after 120 days or moneys in excess of $5,000 are due, water may be shut off entirely by the Cortlandt Consolidated Water District until such water bill is paid. The consumer shall be notified in writing with a certified letter that the bill must be paid in full to the Receiver of Taxes within 30 days of the letter or the water will be turned off. A reminder notice shall be sent 15 days prior to turnoff.

If any meter account remains unpaid at the end of a calendar year, such account must be paid by February 28 of the succeeding year. Any unpaid amount will be charged as a tax lien against the delinquent property owner.

(6)

All water rents must be paid by the owners and will be billed to them only, unless a special permit is issued by the Town Board.

Fire-protection service.

Large connections for fire protection by means of automatic sprinklers or standpipes shall be considered for approval upon special application to the Town Board accompanied by the recommendation of the Town Engineer.

When required, large connections for fire protection, etc., shall be metered, the cost of which shall be paid by the property owner.

No service connection of any kind will be permitted to be attached to any fire-protection service.

A separate fee for this service will be imposed on a quarterly basis at a rate set by Town Board resolution.

Fire hydrants. Any fire hydrant installation within the Town of Cortlandt Water District shall be installed in accordance with the rules and regulations governing the Cortlandt Consolidated Water District and approved by the Town Engineer. All fire hydrants shall be installed at intervals of no more than 500 feet. A fire hydrant shall also be installed at every cul-de-sac. Blowoffs are not acceptable. Where a secondary road becomes a main artery, an additional hydrant may be required in the discretion of the Town Engineer.

Curb box. It shall be the duty of the property owner to keep the curb box at the curb shutoff in such condition that the employees of the Town may at all times have ready and convenient access thereto for the purpose of turning on and off the water supply to the premises using the same.

Nondistrict service. The rates for all consumers outside of any Town water district shall not be less than 50% more than for the same services inside the supplying district. Anyone receiving such service will be required to sign an agreement with the Town in a form approved by the Town Attorney. Anyone already receiving out-of-district service on the effective date of this article shall be considered already in agreement with the Department of Environmental Services, and a written contract shall not be deemed necessary.

[Amended 8-17-2010 by L.L. No. 13-2010]

Minimum charges. There shall be a minimum quarterly charge made, the amount of which shall be by Town Board resolution and which is to be printed on the back of the water bills. This minimum quarterly charge shall entitle the user to the quantity of water designated on the back of the water bill. Meters will be read quarterly during the period immediately preceding the expiration of the quarter, and in the event that more water is used during any quarter than is allocated thereto, bills will be rendered for such excess at the rate as printed on the back of said bill. In the event that less water is used during any quarter than the minimum, no credit refund or allowance will be made therefor.

Editor's Note: This section, previously located in Ch. 104 as § 104-7, was merged into this chapter 8-17-2010 by L.L. No. 13-2010.

§ 33-9 Promulgation of rules; filing.

The Director of Environmental Services, subject to the technical review of the Town Engineer, is hereby vested with the authority to formulate and promulgate any rules or regulations necessary to implement the intent of this article. Said rules and regulations may relate to any aspect of the services provided by this Department. Said rules shall set forth the requirements and limits for the delivery of these services to the Town.

All rules promulgated hereunder shall be filed with the Town Clerk and posted upon the Town Clerk's official sign board as well as posted in all offices of the Town which provide the services set forth herein. Said rules shall take effect on the 11th day following their filing with the Town Clerk.

§ 33-10 Enforcement.

Any provisions in this article or any rules adopted herein may be enforced by the Director of Environmental Services or by the Department of Code Enforcement of the Town of Cortlandt.

§ 33-11 Penalties for offenses.

Any violation of this article or the rules and regulations promulgated hereunder may be punished by a fine not to exceed $250 or up to 15 days in jail or by a civil penalty not exceeding $1,000.

The Town Attorney is hereby authorized to commence a civil action to collect the civil penalty herein in any court of competent jurisdiction.

Any violation of this article or any rule promulgated hereunder is hereby declared to be a violation as defined by the Penal Law of the State of New York. Any criminal information filed alleging a violation of this article shall be in the form required by the Criminal Procedure Law. Each day that a violation continues shall be deemed to be a separate and distinct offense.

§ 33-12 Repealer.

Local Law No. 2-1990, establishing the Central Operations Department, be and the same is hereby repealed in its entirety.[1]

Editor's Note: Said L.L. No. 2-1990 had been included in this Code as former Ch. 12, Central Operations Department.

Article II Charges for Purchase of Water

[Adopted 3-13-2007 by L.L. No. 4-2007[1]]