[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.