[Adopted 9-28-1972 by L.L. No. 2-1972]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
A. 
Before any water transmission line may be constructed, other than those excepted by § 131-15, a written permit must be obtained, with an affirmative vote of at least 80% of the East Bloomfield Town Board.
B. 
A detailed statement of the nature and extent of the proposed water transmission facilities must be made. A map drawn to a suitable scale shall be submitted, showing the size of pipe and complete location of all apertures thereto.
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.
A. 
No permit shall be issued hereunder except by the Town Board after authorization and investigation, as hereinbefore provided. All such permits shall be issued subject to the following terms and conditions and such others as the Town Board may deem necessary for the purposes of protecting the public safety and welfare, promoting the most advantageous use of water resources in the town and preventing loss of value of the premises subject to such permit and other property in the vicinity thereof.
B. 
The applicant shall pay a fee to the Town Clerk set from time to time by resolution of the Town Board[1] with the application for a permit, no part of which is refundable. If the application is approved, which shall require 80% affirmative vote by the Town Board, the permit fee shall be set from time to time by resolution of the Town Board[2] per year for each ensuing calendar year.[3]
[1]
Editor's Note: The fee schedule is on file in the town offices.
[2]
Editor's Note: The fee schedule is on file in the town offices.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.