[HISTORY: Adopted by the Town Board of the Town of Manchester as indicated in article histories. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 123.
Flood damage prevention — See Ch. 181.
Grading, excavating, clearing, filling and mining — See Ch. 196.
Property maintenance — See Ch. 252.
Stormwater management; erosion and sediment control — See Ch. 269.
Subdivision of land — See Ch. 275.
[Adopted 4-9-1996 by L.L. No. 3-1996 (Ch. 176, Art. I, of the 1989 Code)]
The purpose of this article is to preserve and protect the quality of surface and ground water in the Town of Manchester and to provide for efficient and environmentally safe operation of waste water.
For purposes of this article, the words and terms hereinafter listed shall be defined as follows:
- BOARD OF HEALTH
- The Town Board of the Town of Manchester convened as a "Board of Health."
- COMMERCIAL AND INDUSTRIAL WASTE
- Any liquid, solid, gaseous or other waste substance, or a combination thereof, resulting directly or indirectly from any process or operation of industry, manufacturing, trade or business, or resulting from the development and recovery of any natural resources which causes, may cause, or may reasonably be expected to cause pollution of the waters of the Town of Manchester or its tributaries or outlets.
- DISPOSAL PERMIT
- A written permit issued by the Zoning Officer/Building Inspector.
- HUMAN EXCRETA
- Feces, urine and other excretions commonly disposed of by the so-called "dry system" as typified by the ordinary privy.
- NEW CONSTRUCTION
- Any building constructed or placed on an undeveloped site and requiring a new wastewater system and currently not utilizing a wastewater system.
- An individual, group of individuals, partnership, corporation, society, club, firm or association.
- REPLACEMENT WASTEWATER SYSTEM
- Any construction or modification of a system for an existing building which already has a system. Complete replacement of a system for an existing property with a system shall be considered a "replacement wastewater system."
- Water-carried human wastes from residences, buildings, industrial and/or commercial establishments or other places, together with such groundwater infiltration and surface water as may be present. The mixture with "sewage," as above defined, with commercial wastes, as hereinafter defined, shall also be considered "sewage" within the meaning of this article.
- Every spring, pond, stream or channel which flows or may flow in the Town of Manchester. This includes every stream or channel which flows or may flow therefrom.
It shall be unlawful for any person to deposit, discharge, throw, place, introduce or allow to escape into any watercourse in the Town of Manchester any human excreta, sewage, commercial wastes or other pollutant substance.
It shall be unlawful for any person to deposit, throw, place or spread upon the surface of the ground in the Town of Manchester, any human excreta, sewage, commercial waste or other pollutant substance except at any prescribed site approved by the NYS/DEC and the Town of Manchester. This section shall not be construed to include manure and other fertilizers used in farming operations or farm animal waste, except where the storage of manure and waste may be expected to cause pollution of a watercourse or water source.
It shall be unlawful for any person to install, construct, alter, enlarge, extend or maintain any system, receptacle, privy or device for the deposit, discharge, disposal or storage of human excreta, sewage or commercial waste within 100 feet of any watercourse in the Town of Manchester except watertight receptacles that have been approved as to size, construction location and maintenance by the Zoning Officer, provided that such receptacle shall be maintained and emptied in such a manner as to prevent any seepage, flow or spilling therefrom.
It shall be unlawful for any person to install, construct, alter, enlarge or extend any system, receptacle, privy or device for the deposit, discharge, disposal or storage of human excreta, sewage or commercial waste unless such person has applied for and obtained a valid disposal permit.
Capacity of suitable septic tanks installed in the Town of Manchester shall not be less than 1,000 gallons.
Property owners shall permit inspection and testing of each system periodically, to be determined by the governing body of the Town of Manchester. The Sanitation Officer of the Town of Manchester and its Town Engineer will have the right at any reasonable time to inspect and test the system.
Wastewater systems for new household construction shall be designed in accordance with the New York State Department of Health Administrative Codes, Rules and Regulations, Appendix 75A. The definitions contained in Appendix 75A shall also apply to these regulations.
Wastewater systems for new commercial or institutional construction shall be designed according to the New York State Department of Environmental Conservation guidelines (Standards for Waste Treatment Works, Institutional and Commercial Sewage Facilities) or current reference.
Construction of replacement wastewater systems may be designed and must be installed under the direction of the regulatory officer or design professional. Replacement systems shall be designed and installed according to the provisions of Appendix 75A, if possible.
On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a qualified licensed engineer.
If the site is only occasionally inhabited, such as a hunting camp or a cottage, and has no water under pressure or wastewater discharge, the regulatory officer may allow a sanitary privy, other nonwaterborne systems as described in Appendix 75A, design a system or request that an engineered system be designed when site conditions are limiting.
Wastewater systems for replacement commercial or institutional construction may be designed according to the New York State Department of Environmental Conservation guidelines in Standards for Wastewater Treatment Works, Institutional and Commercial Sewage Facilities or current reference.
Every applicant for a disposal permit pursuant to this article shall file with the Sanitation Officer of the Town of Manchester, and with the Zoning Officer a written application which shall include the following:
The name and address of the applicant.
A sketch plan or survey plan of the premises on which the installation, construction, alteration, enlargement or extension is proposed, showing the location of wells, springs and other sources of water supply, the location of all watercourses on the premises and the location of the treatment or disposal system for which a permit is applied.
A complete plan of the proposed treatment and disposal system with all necessary substantiating data relating to said conditions, percolation tests and topography of the land and attesting to its compliance with at least the minimum standards applicable by this article to the particular type of treatment and disposal system for which a permit is applied.
The fees for a permit pursuant to this article shall be determined from time to time by the Town Board of the Town of Manchester and shall be paid in full at the time the application for permit is filed with the Sanitation or Zoning Officer(s) of the Town of Manchester, and no part of said fee shall be returned or refunded to the applicant in the event that the issuance of a disposal permit is denied.
Prior to the issuance of the disposal permit by the Board of Health, the Sanitation Officer for the Town of Manchester shall review the data contained in the application and plans and make a physical inspection of the lands and premises for which a permit has been requested to determine that all of the requirements of this article have been fully complied with.
The Board of Health shall have the right to issue a disposal permit conditioned upon the final approval of the Sanitation Officer that the construction of the system has been made in accordance with the plan submitted and approved with the application.
The Sanitation Officer of the Town of Manchester shall have the right at any reasonable time to enter upon the premises of the applicant to determine that the system for which a disposal permit has been applied is being or has been constructed in accordance with the plans submitted with the application. In each instance in which the Board of Health has issued a disposal permit conditioned upon the final construction approval of the Sanitation Officer of the Town of Manchester, the applicant shall not cover or bury all or any part of the system until after notice of completion has been given by the applicant to the Sanitation Officer of the Town of Manchester and the Sanitation Officer has made his final inspection. Any changes during construction shall be noted on the original drawings before the system is backfilled.
In any instance where the Zoning Officer shall deny this application for a disposal permit, it shall, within three days after taking such action, furnish to the applicant a written notice of denial stating forth in detail the reason for such action, The applicant may, within 10 days after receipt of such notice, submit an amended application without payment of an additional permit fee.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $50 for each offense.
Each day's failure to comply with the terms of this article shall constitute a separate violation.
In any instance where any human excreta, sewage or commercial waste treatment and disposal system is located or installed, constructed, altered, enlarged or extended in violation of this article, or in any instance where this article is otherwise violated, the Board of Health may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with the terms of this article or to restrain by injunction, the violation of this article.
[Adopted 4-14-1998 by L.L. No. 3-1998 (Ch. 177 of the 1989 Code)]
The purpose of this article is to provide for rules and regulations governing and regulating the supply of water to property within the Town of Manchester. Every person who shall be supplied or whose property shall be supplied with water by the Town shall be deemed to have accepted these rules and regulations governing and regulating the supply of water.
As used in this article, the words and phrases listed below shall be deemed to have the following meanings:
- Any person making a request in writing for any service to be rendered or furnished by the Town.
- CONSUMER or CUSTOMER
- The person legally or equitably responsible for payment of charges for water or other facilities and services furnished by the Town.
- The Water Superintendent or any employee of the Water Department for the Town of Manchester.
- The person actually in possession or control of any premises or part thereof who is a consumer.
- The person who has legal or equitable title to any premises.
- An individual, firm, association or corporation.
- See "occupant."
- WATER DISTRICT
- A geographic area established within the Town of Manchester to provide water and water service to property owners.
The owner of any house, building or property used for human occupancy, employment recreation or other purpose, situate within a Town water district, may, at its option and at its expense, install suitable piping and valves to the water main in accordance with the provisions of these regulations.
Every person who shall be supplied or whose property shall be supplied with water by a water district in the Town of Manchester shall be deemed to have accepted and approved the rules of the Town Board governing and regulating the supplying of water. Wherever the word "consumer" shall be used in the rules and regulations, it shall mean the owner or owners of premises and any person legally or equitably responsible for payment of charges of water or other facilities and services furnished by the Town.
All service connections with the principal mains and service pipes from said principal mains to approximately two feet from lot line, including tapping of main, corporation cock, copper or plastic pipe, curb cock and box for same shall be put in and installed only by properly authorized persons acting under the direction of the Town Board or its agent at the expense of the consumer.
All connections from curb cock to the meter location or from the meter pit to the residence shall be done by the consumer at his own cost and expense under the supervision of the Town Board or its agent, and all installations shall be subject to approval by the Town Board or its agent, its Engineer or Water Superintendent before water shall be turned on.
The plumber or any other person designated and employed by the owner of the premises will be considered the agent of such owner while employed in the execution of the work or introducing water into such premises and in no sense as the agent of the water district. The Town will not be responsible for the acts of such persons.
Every person desiring a supply of water through the principal water mains must make application at the office of the Town of Manchester for a service pipe and connection with the main. Such application shall be made in writing upon a blank form furnished by said Town Board or its agent and must be signed by the owner of the property or duly authorized agent, and all appropriate fees set forth by the Town Board must be paid at application.
Water services up to 150 feet in length shall be a minimum of three-fourths-inch Type K copper tubing or one-inch high-density polyethylene pipe. Water services over 150 feet in length shall be one-inch Type K copper of one-and-one-fourth-inch high-density polyethylene pipe. If using polyethylene pipe, tracer tape must be installed beside the pipe prior to placing bedding material. If using polyethylene pipe, insert stiffeners must be used at all connections as recommended by the manufacturer. Polyethylene pipe must have a minimum 200 PSI rating.
Installation of these materials shall be in a trench 4 1/2 feet deep, except under driveways or roadways where trench depth must be a minimum of five feet.
All service lines shall be laid in a separate trench at least two feet distant horizontally from any other underground facility and in solid ground. In the event that the natural soil in the bottom of the trench is soft and will not adequately support the pipe, the unstable soil shall be excavated from the trench and suitable material will be compacted in its place.
All service lines shall be bedded in sand six inches around the pipe. Bedding will be firmly tamped in place around the service pipe.
No backfill shall be started until the installation has been inspected and accepted by the inspector. Care must be taken during the backfill so as to prevent disturbing bedding material and damage to the pipe. Use of backfill material with large stones or frozen earth will not be accepted.
The water service shall be pressure treated prior to backfill around any fittings, meter pit or curb stop.
No couplings will be permitted between curb cock or meter pit and the inside of the cellar wall, except where such services are longer than 100 feet in length.
All joints in water services shall be flared-type or compression joints. No solder connections shall be permitted between the water main and the meter.
Any service which exceeds 150 feet in distance from the main or the property serviced and does not have sufficient accommodations for a meter will be required to have a meter pit immediately after the curb cock. Such meter pit will be furnished by the property owner and installed by the property owner, according to manufacturer's specifications, at the property and at the owner's expense. Maintenance of the meter pit will also be the responsibility of the consumer (property owner). High-density polyethylene pipe with no connects between curb cock and meter will be exempt.
[Amended 8-14-2001 by L.L. No. 3-2001]
Meter pits for three-fourths-inch and one-inch meters shall be a Ford plastic pit setter for moderate to cold climates. Meter pits for meters greater than one inch shall be four feet in diameter, precast manhole with a minimum base set five feet below finished grade. The pit opening shall be a minimum of 24 inches in diameter, access hole and cover. All pits shall be approved by the Town Board or its agent.
The water service line should be at least 10 feet from existing or new septic tanks, leach lines, dry wells or other sanitary or water facility.
Physical connection of existing well water with the water provided by the water district is prohibited.
Existing well water may be utilized by the consumer for watering lawns or washing vehicles but cannot be utilized in connection with Town water. Existing well water will be allowed to an outside hose bib only. All connections to inside house piping must be eliminated prior to installation/connection to water district service. All plumbing will be inspected prior to installation of the water meter.
Excavation for the water pipe, meter pit, connections or other ancillary product for the introduction of service to the consumer will be the responsibility of the property owner. The owner will be responsible for providing protection against accidents and other acts of negligence while the trench is open.
The curb cocks controlling any service shall not be opened or closed by any person, except those so designated by the Town Board or a duly authorized agent.
The owner of property into which water is introduced by a service pipe will be required to maintain, in perfect order, at his own expense, the said service pipe and fittings from the curb cock to the meter.
Exception: In the case of a meter pit, the property owner will be responsible from the outlet of the meter pit to the building so serviced.
In case such services are not so kept in repair, the Town Board or its agents may turn off the service at the curb cock until such repairs have been made and inspected by the Town or its agent.
A Town officer or employees of the water district, upon presentation of proper credentials, may enter upon any premises where water is being supplied by the water district, or upon any premises when application is made for a permit to connect plumbing with the water pipes, for the purposes of the installing, reading, removing or repairing meters or for inspecting the plumbing and fixtures of the water services.
In case of making or constructing new work or in making repairs or leakage tests, the right is reserved to the Town to shut off the water from any consumer without notice for as long a period as may be necessary. No water district or its employees or the Town shall be liable for any damage which may result to any person, property or premises from shutting off the water from any main, or service, for any purpose whatever, even in cases where no notice is given.
The water district or the Town of Manchester shall not be liable for any damage or loss of any kind to property or persons which may arise from, or be caused by, any change, either increase or decrease, in water pressure, from any cause whatsoever, including negligence on the part of the water district, its agents, servants or employees. The consumer may install a pressure regulator after the water meter to control pressure.
All water furnished through service pipes, whether for residential, commercial or industrial use, shall be metered. No meters shall be set or removed or disturbed, except by the Town's duly appointed agent. All meters shall be furnished and installed by the water district. The agent shall approve the location of the meter.
Any Town water meter shall be taken out and tested upon complaint of the consumer upon payment of a fee of $40. If, upon test of the meter, it is not within 3% of being accurate, it shall be repaired or replaced and the forty-dollar fee returned to the consumer. If, after testing, the meter is found to be within three-percent tolerance, the fee will be kept by the Town.
Any damage which the meter and component parts may sustain as a result of the carelessness of the owner, his agent or tenant, or from neglect of either of them to properly secure and protect the same, including any damage that may result from allowing said meter to become frozen or to be injured by hot water or steam getting back from a boiler or hot water tank, shall be paid to the affected water district by the owner of the premises. It may be required that a check valve be installed in the line after the meter.
Whenever a meter is set in any building, the space occupied by the meter and meter box shall at all times be kept free from rubbish or obstruction of any kind. The owner or tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by an agent of the water district.
Upon approval by the Town Board, water meters for building purposes shall be set by the water district at the expense of the contractor or person making such application. Should it be impracticable to place meters for such building purposes, water may be supplied to the contractor or owner at a flat rate.
Generally, all water consumed shall be recorded and paid for by meter registration and at rates to be fixed by the Town Board. Such rates may from time to time be changed as the Town Board may determine. Water rates and charges for turning on and off, selling meters and taking meters in and out shall be fixed by the Town Board and are on file in the Town Clerk's office. Such rates may be adopted by a Town Board resolution.
[Amended 8-14-2001 by L.L. No. 3-2001]
Bills for metered water shall be payable quarterly or at such period as may be set by the Town Board. In each instance, water/meter bills must be paid within 30 days of due date, or such bills shall be increased 10% as a penalty for failure to pay promptly. In addition, water/meter bills must be paid within 60 days of the due date or service will be discontinued. Failure to receive the bill shall not act as a waiver of said bill and/or penalty period. In case of inability to read the meter, an estimated bill will be submitted to the owner. Bills will be submitted to the owner of the property, not the tenant.
[Amended 4-8-2003 by L.L. No. 1-2003]
Property owners shall notify the Water Department of the Town of Manchester to request a final reading and final billing. A quarterly billing will also be sent to the property owner in addition to the final reading and final billing, unless the final reading and quarter ending is within five working days of each other. Should it be requested to turn off the water within the Town right-of-way, the fee for such shutoff shall be as posted on the Water Fee Schedule in the Town Clerk's office of the Town of Manchester.
No abatement of the charges for water rents shall be allowed on account of the vacancy of any premises supplied with water, unless the water supply is turned off by the water district and the meter removed. For such inspection of service, there shall be a charge to be fixed by resolution of the Town Board, which is on file in the Town Clerk's office.
All charges for water service and pipe installation shall be made against the real property upon which, or in connection with which, the charges were incurred. Such charges shall be a lien upon the property benefited and, if not paid, shall be added to the next general tax against the property.
Any and all charges or expenses incurred by the Town in repairing a supply pipe shall be reimbursed to the Town by the property owner. The amount of such expense or reimbursement shall be added to the property owner's next quarterly water bill. If unpaid for a period of 40 days subsequent to the rendering of such bill, an additional notice shall be sent to the property owner stating that discontinuance of water service will result upon the failure to pay for services rendered. Such notice shall also provide that the property owner shall have a period of not less than 30 days prior to the proposed date of termination of service to request a hearing before the Town Board to determine whether the charges are reasonable and legitimate. Nothing contained in this subsection shall restrict or prevent the Town, in the case of an emergency, from terminating service to any property.
The Town of Manchester, through its agents, servants or employees, is authorized to enter upon private property to repair leaking or damaged water pipes and service. Failure to effectuate necessary repairs or to otherwise comply with the requirements of this article may result in the discontinuance of water service.
All street or road fire hydrants, or hydrants for private fire protection from unrestricted service lines, are under the control of the water district. No person, except an authorized agent or employee of the water district, or a person permitted by the Town Board to take water therefrom, shall operate, use or disturb any hydrant, or any part thereof, or take any water therefrom, under any circumstances whatsoever, except fire companies for use to control, prevent or extinguish fires.
In case any damage to a street or road hydrant is done by any person or his agent having a permit for taking water from said hydrant, the holder of the permit shall pay such damages and all costs and expenses that may be incurred by reason thereof, on demand, to the water district, including loss of water.
No person shall use any fire hydrant for construction or other purposes without first obtaining a permit for such use from the water district and making any advance payment demand to said district. The hydrant shall be operated only by a proper hydrant wrench, which shall be obtained from the water district. Water must not be allowed to run, except when used. All persons using hydrants shall immediately obey any instructions or orders that may be issued by the Town Board to regulate the use of these hydrants. If required by the Town Board, a meter shall be applied to the connection made with the hydrant at the expense of the party using same, and said party shall pay for all water, by meter measurement, at the stipulated rates.
No person, except a duly authorized representative of the water district, shall open or close or in any way interfere with any valve or gate in any water main or pipe. Any person who has disturbed or displaced a valve box or who has covered a valve box with dirt, paving, plant or other material, shall immediately replace the valve box or remove the obstruction.
Service pipe will be required to be laid not less than four feet, six inches below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced. Water services under driveways shall be at a minimum depth of five feet.
No consumer within any water district shall sell water to anyone for any purpose whatsoever, unless a specific permit therefor is issued by the Town Board after consideration thereby.
No water through any connection, pipe or main shall be sold or furnished outside any water districts without the consent, in writing, of the Town Board or its designee.
No connections of whatsoever nature shall be made by any person between the facilities of the said water districts and any other water system, public or private, without the consent, in writing, of a duly authorized agent for the Town Board after action of the Town Board.
It shall be unlawful for the owners of property or the users of water or both to introduce or permit the introduction into the water supply system of pollution or contamination of any kind. Whenever cross-connection to other water supply into the system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and other premises from which cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied. The Town Board may permit or require a backflow preventer of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination, if the Town Board determines that a complete physical separation from the water system is not practicable or necessary, or that adequate inspection for cross-connection cannot readily be made, or that such backflow preventer is necessary because of existing or possible backflow resulting from special conditions, use or equipment.
All physical connections which may constitute potential cross-connections are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code.
Inspections must be done in January of every year by a certified backflow device tester, and such results must be reported by February of every year to the Town Board.
The Town Board of the Town of Manchester may adopt such further rules and regulations as it may deem necessary or expedient in the implementation and administration of this article.
All water rates and any increases in said rates are to be set by Town Board resolution after notice of a public hearing.
Any person violating any provision of this article or any other rule or regulation pertaining to the Town of Manchester water system hereafter adopted shall be guilty of an offense and shall, upon conviction in a court of competent jurisdiction, be punishable by a fine of not more than $1,000 per day of violation or imprisonment for a term not exceeding one year, or both.
In addition to the penalties set forth above, the Town Board may also maintain an action or proceeding in the name of the Town in any court of competent jurisdiction to compel compliance with or to restrain by injunction any violations of this article, which action or proceeding may also include damages, legal costs and the expenses of such actions, including attorney's fees.
In addition to the penalties provided above and upon conviction, all supply of water to the offending property shall be cut off and discontinued until such time as any penalties or related costs are paid and until such time as any rules and regulations of this article are complied with.
[Added 12-11-2001 by L.L. No. 4-2001]
The Town of Manchester has established certain water districts to provide public water to its residents. The Town proposes to improve said districts by proposed improvements including costs of right-of-way, construction costs, legal fees, engineering fees, and other expenses. The Town proposes to finance such improvements by borrowing the necessary funds and thereafter issue bond anticipation notes and/or serial bonds for the total outstanding indebtedness. The Town will thereafter impose a special district tax to pay the outstanding principal and interest on the total indebtedness.
A water district debt service yearly charge is the total yearly debt service divisible by the total unit count within a district, to establish a rate per unit. The rate per unit is listed and multiplied by the total units assessed to an individual tax parcel as a special district charge on the County/Town tax bill. In order to fairly and consistently assess benefits or unit charges to property in the various water districts in the Town of Manchester, the Town Board has adopted the following unit charge formulas. Unless specifically stated otherwise, the formula applies to all established and new water districts in the Town of Manchester.
Improved properties: parcels of land improved with residential, commercial, or industrial structures.
Single-family residences shall be assessed one unit.
Multiple-family residences shall be assessed one unit for the first kitchen, plus 1/2 unit for each additional kitchen.
Multiple-family residences situate on one tax parcel shall be assessed a minimum of one unit per structure. Should any of these residences be multiple-family, then the rules of Subsection B(1)(b) above will be utilized.
Commercial use and/or public buildings shall be assessed one unit.
Additional buildings on the same tax parcel, not considered ancillary, shall be assessed one unit per building.
Additional buildings on the same tax parcel that are ancillary to the primary structure shall be assessed zero units. [Note: An ancillary building shall be considered ancillary when, in the judgment of the Code Enforcement Officer, it does not house a business or enterprise that is separate or unrelated to the primary enterprise.]
Industrial buildings shall be assessed a unit or units on a case-by-case basis by the Town Board utilizing its historical or anticipated water consumption.
"Nursing or convalescent home" shall mean a facility regulated by the state, providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons, in addition to lodging. This type of facility shall be assessed 1/2 unit per sleeping quarter within the facility.
Vacant properties. Parcels of land void of any type of structure. Vacant properties shall be assessed zero units.
Other properties. Any parcel of real property which does not fall in any of the above classifications shall be charged a rate as determined by the Town Board of the Town of Manchester. In the event that any parcel of real property falls within more than one of the above classifications, the combining of household units for each classification shall take place.