[Amended 2-8-2000 by L.L. No. 1-2000]
By the adoption of this chapter, the Town Board
of the Town of Mamakating declares its intent to regulate the installation
of wells in the Town of Mamakating in a manner consistent with New
York State Health Department Administration Rules and Regulations,
10 NYCRR, Appendix 5-B, Rural Water Supply, in order to promote the
general health, safety and welfare of the citizens of the town. Therefore,
recognizing the above and the need of the community for an adequate
well installation and regulatory procedure and in the exercise of
its police power in these regards, the Town Board of the Town of Mamakating
does hereby enact the following chapter.
This chapter shall apply to well drilling and
installation of wells upon all lands, public or private, within this
town outside the Incorporated Villages of Wurtsboro and Bloomingburg.
[Added 2-8-2000 by L.L. No. 1-2000 ]
Upon the completion of construction:
A. If no waiver was required, the applicant shall submit to the Building Inspector of the Town of Mamakating a certification signed by the applicant or the well driller, under the penalties of perjury, that all construction has been completed in full accordance with the standards set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply, and in full compliance with Chapter
195 of the Town Code of the Town of Mamakating, together with the submission of drilling logs and sample analysis.
B. In the event that a waiver was required, the applicant
shall submit to the Building Inspector of the Town of Mamakating a
certification signed by a professional engineer licensed in the State
of New York, under the penalties of perjury, that all construction
has been completed in full accordance with the approved plan, together
with the submission of drilling logs and sample analysis.
C. Upon receipt and approval of either of the certifications
required above, together with the submission of drilling logs and
sample analysis, the Building Inspector of the Town of Mamakating
shall issue a certificate of compliance to the applicant.
This chapter shall be enforced by the Town Building
Inspector or assistant thereto through the appropriate New York State
court.
[Amended 12-7-1989 by L.L. No. 5-1989; 10-4-1990 by L.L. No.
7-1990]
It shall be unlawful for any landowner and/or well driller or installer to install or drill a water source or well in violation of any provision of this chapter. Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, General Provisions, Article
II.