[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 4-23-2002 by L.L. No. 3-2002. Amendments noted where
applicable.]
The Village of Rye Brook purchases water from
the New York-American Water Company. From time to time, the level
of the reservoir(s) of the New York-American Water Company or any
successor or assigns thereof (hereinafter "New York-American Water
Company") will require the declaration of a water supply emergency.
When a water supply emergency is declared, there are certain water
use restrictions that must be implemented. As a private company. the
New York-American Water Company must rely upon its municipal customers
to enforce the water use restrictions. Accordingly, the purposes of
this chapter are:
A.
To codify and thereby to enable the Village of Rye
Brook to enforce the water-use restrictions imposed during a water
supply emergency by the New York-American Water Company, acting in
conjunction with the municipalities it services;
B.
To restrict the wasteful, inefficient and/or nonessential
use of water during periods of drought; and
C.
To establish penalties for violations and to provide
for enforcement of water conservation measures in the Village of Rye
Brook for the protection of the healthy, safety and welfare of the
people of the Village.
The Drought Response Plan of the Connecticut-American
and New York-American Water Companies, which plan was established
on July 13, 1995, and subsequent modifications and/or supplements
thereto published by the Connecticut-American and New York-American
Water Companies (hereinafter collectively referred to as the "Drought
Response Plan") shall be incorporated by reference into this chapter
and become a part thereof.
Any person, corporation or entity located within
the territorial boundaries of the Village of Rye Brook that receives,
purchases. and/or uses water supplied by the New York-American Water
Company shall be subject to the provisions of this chapter.
A.
Based upon the levels of the reservoir(s) of the New
York-American Water Company, the precipitation levels in the territories
serviced by New York-American Water Company and in the watershed area
of its reservoir(s), and the time of year, New York-American Water
Company may declare the existence of a water supply emergency in one
of three possible phases.
B.
New York-American Water Company shall provide notice
of its declaration of a water supply emergency in a newspaper of general
circulation in the Village of Rye Brook and by transmittal to the
radio and television media in the territorial areas serviced by it.
C.
When a water supply emergency is declared, the Village
of Rye Brook is subject to the Drought Response Plan and the water
use restrictions imposed pursuant thereto. Copies of the Drought Response
Plan and the water use restrictions in place shall be available from
the Village Clerk.
A.
Upon written application of any person, corporation
or entity, the Village Administrator may in his or her discretion
want an exemption and/or variance relieving such person, corporation
or entity from compliance with the water use restrictions imposed
pursuant to the Drought Response Plan, on the basis of factors including
but not limited to any of the following:
(1)
An undue hardship would otherwise result;
(2)
No possible alternatives exist;
(3)
The applicant has taken and will take all possible
measures to conserve water, with a complete description of such measures
and the water savings to be effected;
(4)
Such exemption and/or variance is not inconsistent
with the purposes of this chapter; and/or
(5)
The source and nature of the applicant's water supply.
B.
In connection with any exemption and/or variance which
may be granted, the Village Administrator shall impose such terms
and conditions as he or she deems appropriate. Any variance and/or
exemption granted shall be fashioned to comport as strictly as possible
with the intent of this chapter.
C.
The determination by the Village Administrator to
grant or to deny an exemption and/or variance from compliance with
the water use restrictions imposed pursuant to the Drought Response
Plan may be appealed to the Board of Trustees of the Village of Rye
Brook. Upon receipt of such an appeal, the Board of Trustees of the
Village of Rye Brook shall affirm, reverse or modify the determination
of the Village Administrator and impose such terms and conditions
as it deems appropriate.
A.
The Village Police Department, the Village Code Enforcement
Officer(s), the Village Engineer and the Village Building Inspector
are hereby designated enforcement officers with respect to the water
use restrictions imposed pursuant to the Drought Response Plan.
B.
All civil penalties imposed and collected by reason
of the enforcement of this chapter by the Village shall be credited
to the Village's general fund.
Any person, corporation, or entity violating
any water use restrictions imposed pursuant to the Drought Response
Plan may, upon conviction, be punished for the first offense by a
fine of not more than $100; and for the second offense, by a fine
of not less than $25 nor more than $200, or by imprisonment for not
more than 15 days, or both. The third or any subsequent offense within
12 months may be punishable by a fine of not less than $75 nor more
than $500 or by imprisonment not exceeding six months, or by both
such fine and imprisonment. Each day that any violation under this
chapter continues may be considered a separate offense for which a
fine or imprisonment may be imposed.
