Fees shall be paid at the time the application
is filed and shall be as set from time to time by resolution of the
Town Board.
Upon receipt of the application for a permit, the Superintendent of the Water District shall cause an inspection to be made and if the installation complies with the requirements contained in §
80-6, the Superintendent of the Water District shall issue a final permit for the installation and/or use of said air-conditioning system.
Any permit issued hereunder may be revoked summarily
upon conviction for violation of this chapter or upon failure of the
holder of said permit to discontinue using water for air conditioning
immediately upon order of the Superintendent of the Water District
to do so.
No permit shall be issued for the installation
and/or use of any air-conditioning units unless:
A. Any installation consisting of one unit or a group
of units, with a total capacity exceeding five tons or 60,000 btu
per hour or requiring more than five horsepower to drive the compressor
shall be equipped with a condensing water-conservation device. These
water-conservation devices shall be such that under maximum summer
temperatures they can operate at not over 7.5 gallons of municipal
water per hour per ton of refrigeration. Units of five-ton capacity
and under which do not have water-conservation devices shall be provided
with an automatic water-regulation device so as to limit the use of
water under maximum summer conditions to not more than two gallons
per minute per ton.
B. Makeup water connection to water-conservation device
is so arranged that the supply has a physical break between the public
water main and said device so it will be impossible for water to siphon
back in case of low pressure in the public water main.
C. In cases where the wastewater is discharged into the
Town sewage system, the discharge is in strict accordance with the
rules and regulations governing said sewage system.
D. The Superintendent of the Water District is satisfied
the system can be operated without adversely affecting the flow to
other users of water in the area or detriment to public safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
E. The system complies with any restrictions imposed
by the laws of the State of New York or has the New York State Department
of Public Health approval.
[Added 5-11-2010 by L.L.
No. 7-2010]
The operation of air-conditioning units permitted by this chapter shall also be subject to any other applicable codes, rules and regulations of the Town of Fallsburg, including, but not limited to, the water emergency restrictions set forth in Chapter
299, Water, Article
II, Drought Emergencies.
[Amended 1-13-1997 by Ord. No. 1-1997]
A. Any person who commits an offense or permits an offense
to be committed against any of the provisions of this chapter shall
be deemed to have committed a violation pursuant to the Penal Law
of the State of New York, punishable by a fine of not more than $250
or by imprisonment for a period of time not exceeding 15 days, or
both. A separate violation shall be deemed committed on each time
during which an offense occurs or continues. A separate penalty may
be imposed for each separate violation.
B. Any person committing an offense against these regulations
shall be subject to a civil penalty enforceable and collectable by
the Town in the amount of $50 for each offense. In addition to the
above penalties, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance or to restrain by injunction an offense against these regulations.
Where any violation of these regulations causes additional expense
to the water district, that water district shall have a cause of action
against the violator to recover such cost. The cause of action may
be asserted at the discretion of the Board and shall be in addition
to the fine, imprisonment, penalty and injunction hereinabove provided
and shall be brought by the Attorney for the Town in the name of that
water district in a court of competent jurisdiction.