[Adopted 1-13-1997 by Ord. No. 1-1997 (Ch.
45, Art. V, of the 1971 Code)]
A. Due to a significant shortfall of precipitation, a
major leak, a system failure or excessive consumption beyond the capacity
of the system, etc.; and as a result of the above, unless consumption
of water in the Town of Fallsburg is substantially reduced, the water
system will be unable to supply sufficient potable water to meet the
basic needs of the citizens of the Town of Fallsburg.
B. The Supervisor of the Town of Fallsburg, in light
of these conditions, finds the Town water system to be in a state
of emergency and must accordingly exercise his authority to mandate
such measures as are necessary to reduce consumption or water within
the Town to a level sufficient to preserve an adequate supply of water
to meet the Town's basic needs.
A. Stage I.
(1) No person or entity shall cause, permit or allow:
(a)
The continuing of any leak or waste from any
water pipe, valve, faucet, conduit, equipment, facility or device
connected to the Town water system, or which utilizes Town water,
on or in any premises owned, leased, managed, operated or controlled
by such person or entity.
(b)
The washing of any vehicle by means of a hose,
fire hydrant or other active source connected to the Town water system,
except a commercial vehicle-washing operation if equipment has been
installed and is utilized so that at least 50% of the water used is
recirculated by means of a system approved by the Department of Public
Works.
(c)
The washing of any street, sidewalk, driveway,
outdoor areaway, outdoor steps, building exterior or other structure
by means of a hose, fire hydrant or other active source connected
to the Town water system or which utilizes Town water.
(d)
The use of water from any source for any ornamental
purpose, including but not limited to use in fountains, artificial
waterfalls, reflecting pools, lakes and ponds.
(e)
The use of water from the Town water system
to water any lawn, golf course, ornamental shrub, plant or tree; except
that:
[1]
Town water may be used to water any lawn, tree,
shrub, garden or golf course greens and tees only, from 4:00 p.m.
to 5:00 p.m. and 9:00 p.m. to 10:00 p.m.
[2]
Town water may be used at any time to irrigate,
from a handheld container, vegetables or fruits grown for human consumption.
[3]
Plant nurseries and other commercial users engaged
in the business of growing, distributing or selling plants may use
such water on their business premises to water ornamental shrubs,
plants or trees, provided that each such user reduces its use of water
by 15% or such other percentage as may hereafter be prescribed for
nonresidential water users.
(f)
The opening or use of any fire hydrant, or of
the water therefrom, for any purpose other than fire protection, except
in accordance with a permit obtained from the Department of Public
Works and only for the period of and the purpose authorized by such
permit and in strict adherence to all terms and conditions set forth
therein.
(g)
The operation of an air-conditioning system
utilizing water from the Town water system in a cooling tower unless,
within 30 days from the effective date of this regulation, a separate
meter is installed to continuously measure the flow of water to the
cooling tower.
(h)
Operate any air-conditioning system in excess
of two tons of rated capacity or greater or any refrigeration unit
rated at 10 horsepower or greater using water from the Town water
system, unless such air-conditioning system or refrigeration unit
is equipped with a water-recirculating device approved by the Department.
(i)
The use of water from the Town water system
to fill or maintain the water level in any swimming pool, except that,
provided that the pool is operated with recirculating equipment, Town
water may be used to fill the pool once during each calendar year
and, thereafter, may be used as necessary to maintain the water level
in such pool.
(2) Nonresidential users.
(a)
Each nonresidential user of water from the Town
water system shall prepare and retain a water consumption reduction
plan, enabling it to reduce its use of water in states of 15%, 20%
and 25%, based upon its water consumption during the calendar year.
(b)
Such plans shall be designed so as to achieve
and maintain the 15% reduction promptly and to achieve the 20% and
25% reduction immediately upon the declaration of a Stage II and Stage
III emergency, respectively. Each such user shall promptly implement
the first phase of its plan during Stage I and shall reduce its consumption
by 15%. On and after 30 days from the effective date of this regulation,
each such user shall have its water consumption reduction plan available
at all times for inspection and copying by employees of the Department.
B. Stage II.
(1) If, at any time, the Water Superintendent determines
that the measures set forth under Stage I of this regulation have
not resulted in a sufficient level of conservation in light of existing
water supply conditions, a Stage II drought emergency shall be declared.
(2) Upon declaration of a Stage II emergency, in addition to those measures set forth hereinabove, and in place of Subsection
A(1)(e) and
(i) under Stage I:
(a)
No person or entity shall cause, permit or allow:
[1]
The use of water from the Town water system
to fill or maintain the water level in any swimming pool.
[2]
The use of water from the Town water system
to water any lawn, golf course, ornamental shrub or plant, except
Town water may be used to irrigate, from a handheld container only,
vegetables or fruits grown for human consumption.
(b)
Each nonresidential user of water from the Town
water system shall fully implement its Stage II water consumption
plan and shall immediately reduce use of water by no less than 20%.
C. Stage III.
(1) If, after the imposition of the measures set forth
in Stage II of this regulation, the Water Superintendent finds that
water consumption must be further reduced, a Stage III emergency shall
be declared.
(2) In addition to measures set forth hereinabove:
(a)
All nonresidential users of water from the Town
water system shall reduce their consumption by no less than 25%.
(b)
All users, both residential and nonresidential,
shall install water-flow-restricting devices in all shower heads.
(c)
All air-conditioning systems utilizing water
from the Town water system shall be operated only in accordance with
hourly restrictions established by the Water Superintendent.
A. Violations of this regulation shall be punishable by fines and penalties established by Article
I, §
299-11, of this chapter, Penalties for offenses.
B. In addition to any penalties which may be imposed
by the Town Board, where a leak and waste notice has been served in
accordance with Town Board rules and the condition to which such notice
relates has not been corrected, a penalty of up to $50 per day may
be imposed by the Water Superintendent and added to the water rents
relieved on the tax roll.
C. Water service may be terminated for violation of any
provision of this regulation or for any waste of water.
A. Upon the application of any person or entity, the
Town Board may, at its discretion, grant a variance relieving such
person or entity from compliance with any of the requirements of this
regulation, if such person or entity demonstrates to the satisfaction
of the Town Board:
(1) That undue hardship would otherwise result;
(2) That there are no possible alternatives;
(3) That the applicant has taken and will take all possible
measures to conserve water, with a complete description of such measures
and the water savings to be effected; and
(4) That such variance is not inconsistent with the purposes
of this emergency.
B. In connection with any variance which may be granted,
the Board shall impose such terms and conditions as it deems appropriate.
This regulation may be placed in effect by resolution of the
Town Board and remain in effect until modified or until the drought
emergency has been declared terminated.