The purpose of this chapter is to promote the safety, health and general
welfare of the residents of the Town of East Bloomfield and to provide for
the proper use of water resources and to avoid undue depletion of such.
The following operations and uses are hereby excepted from the application
of this article:
A. Construction of water mains and necessary apertures by
and for the Town of East Bloomfield;
B. Construction of water lines for individual homes and
farms from private supplies.
No permit shall be issued by the Town Board until it has made all of
the following findings, which need not be based only upon information provided
by the Town Engineer but may also be based upon other information or knowledge
obtained by the Town Board or its members, however or whenever obtained:
A. The proposed waterline will not interfere with the health
and safety of the town residents nor deplete its water resources;
B. The use will not change the established character of
the neighborhood or depress the value of other lands generally in such neighborhood.
For the purpose of this article, the following definitions of terms
shall apply:
WATER TRANSMISSION LINE
Any method of transporting or pumping water, whether it be by any
type of pipe, buried or otherwise or any open ditch, except for waste or surface
water, with no commercial use.
For any and every violation of the provisions of this article, the owners,
general agent or contractor of a building or premises where such violations
have been committed or shall exist; and the lessee or tenant of the premises
where such violation has been committed or shall exist; and the owner, general
agent, contractor, lessee or tenant of any part of the premises in which part
of said violation has been committed or shall exist; and the general agent,
architect, engineer, surveyor, building contractor or any other person who
knows, permits, takes part in or assists in any such violation or who maintains
any premises in which any such violation shall exist shall be guilty of an
offense and, upon conviction thereof, shall be punishable by a fine of not
more than $250 or imprisonment for not more than 15 days, or both such fine
and imprisonment. Each day that said violation is permitted to continue shall
constitute a separate additional violation. Such fines or penalties shall
be collected or imposed as like fines are now by law collected and imposed.
Nothing contained in the preceding section of this article shall prevent
the Town Board from maintaining an action or proceeding in the name of the
town in a court of competent jurisdiction to compel strict compliance with
the provisions of this article or restrain by injunction the violation of
any of the provisions of this article or any rule or regulation promulgated
hereunder.